June 7, 2011, Introduced by Senator RICHARDVILLE and referred to the Committee on Economic Development.
A bill to amend 1951 PA 51, entitled
"An act to provide for the classification of all public roads,
streets, and highways in this state, and for the revision of that
classification and for additions to and deletions from each
classification; to set up and establish the Michigan transportation
fund; to provide for the deposits in the Michigan transportation
fund of specific taxes on motor vehicles and motor vehicle fuels;
to provide for the allocation of funds from the Michigan
transportation fund and the use and administration of the fund for
transportation purposes; to promote safe and efficient travel for
motor vehicle drivers, bicyclists, pedestrians, and other legal
users of roads, streets, and highways; to set up and establish the
truck safety fund; to provide for the allocation of funds from the
truck safety fund and administration of the fund for truck safety
purposes; to set up and establish the Michigan truck safety
commission; to establish certain standards for road contracts for
certain businesses; to provide for the continuing review of
transportation needs within the state; to authorize the state
transportation commission, counties, cities, and villages to borrow
money, issue bonds, and make pledges of funds for transportation
purposes; to authorize counties to advance funds for the payment of
deficiencies necessary for the payment of bonds issued under this
act; to provide for the limitations, payment, retirement, and
security of the bonds and pledges; to provide for appropriations
and tax levies by counties and townships for county roads; to
authorize contributions by townships for county roads; to provide
for the establishment and administration of the state trunk line
fund, local bridge fund, comprehensive transportation fund, and
certain other funds; to provide for the deposits in the state trunk
line fund, critical bridge fund, comprehensive transportation fund,
and certain other funds of money raised by specific taxes and fees;
to provide for definitions of public transportation functions and
criteria; to define the purposes for which Michigan transportation
funds may be allocated; to provide for Michigan transportation fund
grants; to provide for review and approval of transportation
programs; to provide for submission of annual legislative requests
and reports; to provide for the establishment and functions of
certain advisory entities; to provide for conditions for grants; to
provide for the issuance of bonds and notes for transportation
purposes; to provide for the powers and duties of certain state and
local agencies and officials; to provide for the making of loans
for transportation purposes by the state transportation department
and for the receipt and repayment by local units and agencies of
those loans from certain specified sources; and to repeal acts and
parts of acts,"
by amending section 10c (MCL 247.660c), as amended by 2010 PA 257.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 10c. As used in this act:
(a) "Urban or rural area" means a contiguous developed area,
including the immediate surrounding area, where transportation
services should reasonably be provided presently or in the future;
the area within the jurisdiction of an eligible authority; or for
the purpose of receiving funds for public transportation, a
contiguous developed area having a population of less than 50,000
that has an urban public transportation program approved by the
state transportation department and for which the state
transportation commission determines that public transportation
services should reasonably be provided presently or in the future.
(b) "Eligible authority" means an authority organized under
the metropolitan transportation authorities act of 1967, 1967 PA
204, MCL 124.401 to 124.426.
(c) "Eligible governmental agency" means a county, city, or
village or an authority created under 1963 PA 55, MCL 124.351 to
124.359; the urban cooperation act of 1967, 1967 (Ex Sess) PA 7,
MCL 124.501 to 124.512; 1967 (Ex Sess) PA 8, MCL 124.531 to
124.536; 1951 PA 35, MCL 124.1 to 124.13; the public transportation
authority act, 1986 PA 196, MCL 124.451 to 124.479; or the revenue
bond act of 1933, 1933 PA 94, MCL 141.101 to 141.140, or the new
international trade crossing act.
(d) "Transit vehicle" means a bus, rapid transit vehicle,
railroad car, street railway car, water vehicle, taxicab, or other
type of public transportation vehicle or individual unit, whether
operated
singly or in a group which that
provides public
transportation.
(e) "Transit vehicle mile" means a transit vehicle operated
for 1 mile in public transportation service including demand
actuated and line-haul vehicle miles.
(f) "Demand actuated vehicle" means a bus or smaller transit
vehicle operated for providing group rides to members of the
general public paying fares individually, and on demand rather than
in regularly scheduled route service.
(g) "Demand actuated vehicle mile" means a demand actuated
vehicle operated for 1 mile in service to the general public.
(h) "Public transportation", "comprehensive transportation",
"public transportation service", "comprehensive transportation
service", "public transportation purpose", or "comprehensive
transportation purpose" means the movement of people and goods by
publicly or privately owned water vehicle, bus, railroad car,
street railway, aircraft, rapid transit vehicle, taxicab, or other
conveyance
which that provides general or special service to the
public, but not including charter or sightseeing service or
transportation
which is used exclusively for school purposes.
Public transportation, public transportation services, or public
transportation purposes; and comprehensive transportation,
comprehensive transportation services, or comprehensive
transportation purposes as defined in this subdivision are declared
by law to be transportation purposes within the meaning of section
9 of article IX of the state constitution of 1963.
(i) "State transportation commission" means the state
transportation commission established in section 28 of article V of
the state constitution of 1963.
(j) "Governmental unit" means the state transportation
department, the state transportation commission, a county road
commission, a city, or a village.
(k) "Department" or "department of transportation" means the
state transportation department, the principal department of state
government created under section 350 of the executive organization
act of 1965, 1965 PA 380, MCL 16.450.
(l) "Preservation" means an activity undertaken to preserve the
integrity of the existing roadway system. Preservation does not
include new construction of highways, roads, streets, or bridges, a
project that increases the capacity of a highway facility to
accommodate that part of traffic having neither an origin nor
destination within the local area, widening of a lane width or
more, or adding turn lanes of more than 1/2 mile in length.
Preservation includes, but is not limited to, 1 or more of the
following:
(i) Maintenance.
(ii) Capital preventive treatments.
(iii) Safety projects.
(iv) Reconstruction.
(v) Resurfacing.
(vi) Restoration.
(vii) Rehabilitation.
(viii) Widening of less than the width of 1 lane.
(ix) Adding auxiliary weaving, climbing, or speed change lanes.
(x) Modernizing intersections.
(xi) Adding auxiliary turning lanes of 1/2 mile or less.
(xii) Installing traffic signs in new locations, installing
signal devices in new locations, and replacing existing signal
devices.
(m) "Maintenance" means routine maintenance or preventive
maintenance, or both. Maintenance does not include capital
preventive treatments, resurfacing, reconstruction, restoration,
rehabilitation, safety projects, widening of less than 1 lane
width, adding auxiliary turn lanes of 1/2 mile or less, adding
auxiliary weaving, climbing, or speed-change lanes, modernizing
intersections, or the upgrading of aggregate surface roads to hard
surface roads. Maintenance of state trunk line highways does not
include streetlighting except for freeway lighting for traffic
safety purposes.
(n) "Routine maintenance" means actions performed on a regular
or controllable basis or in response to uncontrollable events upon
a highway, road, street, or bridge. Routine maintenance includes,
but is not limited to, 1 or more of the following:
(i) Snow and ice removal.
(ii) Pothole patching.
(iii) Unplugging drain facilities.
(iv) Replacing damaged sign and pavement markings.
(v) Replacing damaged guardrails.
(vi) Repairing storm damage.
(vii) Repair or operation of traffic signs and signal systems.
(viii) Emergency environmental cleanup.
(ix) Emergency repairs.
(x) Emergency management of road closures that result from
uncontrollable events.
(xi) Cleaning streets and associated drainage.
(xii) Mowing roadside.
(xiii) Control of roadside brush and vegetation.
(xiv) Cleaning roadside.
(xv) Repairing lighting.
(xvi) Grading.
(o) "Preventive maintenance" means a planned strategy of cost-
effective treatments to an existing roadway system and its
appurtenances that preserve assets by retarding deterioration and
maintaining functional condition without significantly increasing
structural capacity. Preventive maintenance includes, but is not
limited to, 1 or more of the following:
(i) Pavement crack sealing.
(ii) Micro surfacing.
(iii) Chip sealing.
(iv) Concrete joint resealing.
(v) Concrete joint repair.
(vi) Filling shallow pavement cracks.
(vii) Patching concrete.
(viii) Shoulder resurfacing.
(ix) Concrete diamond grinding.
(x) Dowel bar retrofit.
(xi) Bituminous overlays of 1-1/2 inches or less in thickness.
(xii) Restoration of drainage.
(xiii) Bridge crack sealing.
(xiv) Bridge joint repair.
(xv) Bridge seismic retrofit.
(xvi) Bridge scour countermeasures.
(xvii) Bridge painting.
(xviii) Pollution prevention.
(xix) New treatments as they may be developed.
(p) "County road commission" means the board of county road
commissioners elected or appointed pursuant to section 6 of chapter
IV of 1909 PA 283, MCL 224.6, or, in the case of a charter county
with a population of 750,000 or more with an elected county
executive that does not have a board of county road commissioners,
the county executive for ministerial functions and the county
commission provided for in section 14(1)(d) of 1966 PA 293, MCL
45.514, for legislative functions.
(q) "Capital preventive treatments" means any preventive
maintenance category project on state trunk line highways that
qualifies under the department's capital preventive maintenance
program.
Enacting section 1. This amendatory act does not take effect
unless Senate Bill No. 410
of the 96th Legislature is enacted into law.