Bill Text: MI HB4246 | 2019-2020 | 100th Legislature | Engrossed


Bill Title: Appropriations; zero budget; state transportation department; provide for fiscal year 2019-2020. Creates appropriation act.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Engrossed) 2019-06-18 - Referred To Committee On Appropriations [HB4246 Detail]

Download: Michigan-2019-HB4246-Engrossed.html

HB-4246, As Passed House, June 13, 2019

 

 

 

 

 

 

 

 

 

 

 

 

 

SUBSTITUTE FOR

 

HOUSE BILL NO. 4246

 

 

 

 

 

 

 

 

 

 

 

 

 

     A bill to make appropriations for the state transportation

 

department for the fiscal year ending September 30, 2020; and to

 

provide for the expenditure of the appropriations.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

PART 1

 

LINE-ITEM APPROPRIATIONS

 

     Sec. 101. There is appropriated for the state transportation

 

department for the fiscal year ending September 30, 2020, from the

 

following funds:

 

STATE TRANSPORTATION DEPARTMENT

 

APPROPRIATION SUMMARY

 

   Full-time equated unclassified positions.......... 6.0

 

   Full-time equated classified positions........ 2,818.3


GROSS APPROPRIATION.................................... $  5,402,738,300

 

Total interdepartmental grants and intradepartmental

 

   transfers............................................         3,974,300

 

ADJUSTED GROSS APPROPRIATION........................... $  5,398,764,000

 

   Federal revenues:

 

Federal aid transportation programs..................     1,341,650,100

 

Total federal revenues.................................     1,341,650,100

 

   Special revenue funds:

 

Local revenues.........................................        50,532,000

 

Private revenues.......................................           900,000

 

Total local and private revenues.......................        51,432,000

 

Blue Water Bridge fund.................................        24,879,600

 

Comprehensive transportation fund......................       345,465,500

 

Economic development fund..............................        56,329,000

 

Intercity bus equipment and facility fund..............           100,000

 

Local bridge fund......................................        31,458,500

 

Michigan transportation fund...........................     2,101,306,500

 

Qualified airport fund.................................         5,850,000

 

Rail freight fund......................................         6,000,000

 

State aeronautics fund.................................        15,693,100

 

State trunkline fund...................................     1,418,599,700

 

Total other state restricted revenues..................     4,005,681,900

 

State general fund/general purpose..................... $              0

 

   Sec. 102. DEBT SERVICE

 

Airport safety and protection plan..................... $      3,435,800

 

Blue Water Bridge fund.................................         6,886,400

 

Comprehensive transportation...........................        10,896,000


Economic development...................................        11,638,000

 

Local bridge fund......................................         2,380,700

 

State trunkline........................................ $     178,660,600

 

GROSS APPROPRIATION....................................       213,897,500

 

    Appropriated from:

 

   Federal revenues:

 

Federal aid transportation programs..................        81,155,000

 

   Special revenue funds:

 

Blue Water Bridge fund.................................         6,886,400

 

Comprehensive transportation fund......................        10,896,000

 

Economic development fund..............................        11,638,000

 

Local bridge fund......................................         2,380,700

 

State aeronautics fund.................................         3,435,800

 

State trunkline fund...................................        97,505,600

 

State general fund/general purpose..................... $              0

 

   Sec. 103. COLLECTION, ENFORCEMENT, AND OTHER AGENCY

 

SUPPORT SERVICES

 

CTF grant to civil service commission.................. $        250,000

 

CTF grant to department of attorney general............           106,400

 

CTF grant to department of treasury....................            33,100

 

CTF grant to legislative auditor general...............            39,800

 

CTF grant to department of technology, management, and

 

   budget...............................................            50,900

 

MTF grant to department of environmental quality.......         1,383,000

 

MTF grant to department of treasury....................         2,754,800

 

MTF grant to legislative auditor general...............           322,100

 

MTF grant to department of state for collection of


   revenue and fees.....................................        20,000,000

 

SAF grant to civil service commission..................           150,000

 

SAF grant to department of attorney general............           185,100

 

SAF grant to department of treasury....................            73,500

 

SAF grant to legislative auditor general...............            31,000

 

SAF grant to department of technology, management, and

 

   budget...............................................            38,300

 

STF grant to civil service commission..................         6,321,000

 

STF grant to department of attorney general............         2,076,800

 

STF grant to department of state police................        11,903,300

 

STF grant to department of treasury....................           149,700

 

STF grant to legislative auditor general...............           748,200

 

STF grant to department of technology, management, and

 

   budget...............................................         1,460,000

 

GROSS APPROPRIATION.................................... $     48,077,000

 

    Appropriated from:

 

   Special revenue funds:

 

Comprehensive transportation fund......................           480,200

 

Michigan transportation fund...........................        24,459,900

 

State aeronautics fund.................................           477,900

 

State trunkline fund...................................        22,659,000

 

State general fund/general purpose..................... $              0

 

   Sec. 104. DEPARTMENTAL ADMINISTRATION AND SUPPORT

 

   Full-time equated unclassified positions.......... 6.0

 

   Full-time equated classified positions.......... 252.3

 

Unclassified salaries--6.0 FTE positions............... $        770,500

 

Asset management council...............................         1,876,400


Business support services--42.0 FTE positions..........         6,310,700

 

Commission audit and support services--29.3 FTE

 

   positions............................................         3,255,100

 

Economic development and enhancement programs--10.0

 

   FTE positions........................................         1,590,800

 

Finance, contracts, and support services--171.0 FTE

 

   positions............................................        20,545,100

 

Property management....................................         7,254,400

 

Worker's compensation..................................         1,874,300

 

GROSS APPROPRIATION.................................... $     43,477,300

 

    Appropriated from:

 

IDG for accounting service center user charges.........         3,974,300

 

   Special revenue funds:

 

Comprehensive transportation fund......................         1,588,000

 

Economic development fund..............................           394,400

 

Michigan transportation fund...........................         4,332,900

 

State aeronautics fund.................................           717,200

 

State trunkline fund...................................        32,470,500

 

State general fund/general purpose..................... $              0

 

   Sec. 105. INFORMATION TECHNOLOGY

 

Information technology services and projects........... $      29,276,200

 

GROSS APPROPRIATION.................................... $     29,276,200

 

    Appropriated from:

 

   Federal revenues:

 

Federal aid transportation programs..................           520,500

 

   Special revenue funds:

 

Blue Water Bridge fund.................................            56,300


Comprehensive transportation fund......................           228,900

 

Economic development fund..............................            37,800

 

Michigan transportation fund...........................           299,100

 

State aeronautics fund.................................           178,500

 

State trunkline fund...................................        27,955,100

 

State general fund/general purpose..................... $              0

 

   Sec. 106. TRANSPORTATION PLANNING

 

   Full-time equated classified positions.......... 137.0

 

Planning services--137.0 FTE positions................. $     37,438,800

 

Grants to regional planning councils...................           488,800

 

GROSS APPROPRIATION.................................... $     37,927,600

 

    Appropriated from:

 

   Federal revenues:

 

Federal aid transportation programs..................        22,000,000

 

   Special revenue funds:

 

Comprehensive transportation fund......................           615,500

 

Michigan transportation fund...........................         9,703,400

 

State aeronautics fund.................................            15,200

 

State trunkline fund...................................         5,593,500

 

State general fund/general purpose..................... $              0

 

   Sec. 107. DESIGN AND ENGINEERING SERVICES

 

   Full-time equated classified positions........ 1,506.3

 

Program development, delivery, and system operations--

 

   1,506.3 FTE positions................................ $     154,062,700

 

GROSS APPROPRIATION.................................... $    154,062,700

 

    Appropriated from:

 

   Federal revenues:


Federal aid transportation programs..................        23,529,800

 

   Special revenue funds:

 

Comprehensive transportation fund......................           187,100

 

Michigan transportation fund...........................        13,013,900

 

State aeronautics fund.................................           160,300

 

State trunkline fund...................................       117,171,600

 

State general fund/general purpose..................... $              0

 

   Sec. 108. HIGHWAY MAINTENANCE

 

   Full-time equated classified positions.......... 760.7

 

State trunkline operations--760.7 FTE positions........ $     405,641,800

 

GROSS APPROPRIATION.................................... $    405,641,800

 

    Appropriated from:

 

   Special revenue funds:

 

State trunkline fund...................................       405,641,800

 

State general fund/general purpose..................... $              0

 

   Sec. 109. ROAD AND BRIDGE PROGRAMS

 

Cities and villages.................................... $    716,312,100

 

County road commissions................................     1,284,761,600

 

Grants to local programs...............................        33,000,000

 

Local bridge program...................................        29,077,800

 

Local federal aid and road and bridge construction.....       278,400,300

 

Local agency wetland mitigation bank fund..............         2,000,000

 

Movable bridge.........................................         5,337,300

 

Rail grade crossing....................................         3,000,000

 

Rail grade crossing - surface improvements.............         3,000,000

 

State trunkline federal aid and road and bridge

 

   construction.........................................     1,531,379,500


GROSS APPROPRIATION.................................... $  3,886,268,600

 

    Appropriated from:

 

   Federal revenues:

 

Federal aid transportation programs..................     1,065,094,800

 

   Special revenue funds:

 

Local funds............................................        30,003,500

 

Blue Water Bridge fund.................................        11,341,100

 

Local bridge fund......................................        29,077,800

 

Michigan transportation fund...........................     2,047,411,000

 

State trunkline fund...................................       703,340,400

 

State general fund/general purpose..................... $              0

 

   Sec. 110. BLUE WATER BRIDGE

 

   Full-time equated classified positions........... 41.0

 

Blue Water Bridge operations--41.0 FTE positions....... $       6,595,800

 

GROSS APPROPRIATION.................................... $      6,595,800

 

    Appropriated from:

 

   Special revenue funds:

 

Blue Water Bridge fund.................................         6,595,800

 

State general fund/general purpose..................... $              0

 

   Sec. 111. TRANSPORTATION ECONOMIC DEVELOPMENT

 

Forest roads........................................... $      5,000,000

 

Rural county primary...................................         8,314,700

 

Rural county urban system..............................         2,500,000

 

Target industries/economic redevelopment...............        17,129,400

 

Urban county congestion................................         8,314,700

 

Community service infrastructure fund..................         3,000,000

 

GROSS APPROPRIATION.................................... $     44,258,800


House Bill No. 4246 as amended June 13, 2019

    Appropriated from:

 

   Special revenue funds:

 

Economic development fund..............................        44,258,800

 

State general fund/general purpose..................... $              0

 

   Sec. 112. AERONAUTICS SERVICES

 

   Full-time equated classified positions........... 46.0

 

Air service program.................................... $        250,000

 

Air fleet operations and maintenance--8.0 FTE

 

   positions............................................         1,341,800

 

Aviation services--38.0 FTE positions..................         5,147,600

 

GROSS APPROPRIATION.................................... $      6,739,400

 

    Appropriated from:

 

   Special revenue funds:

 

State aeronautics fund.................................         6,739,400

 

State general fund/general purpose..................... $              0

 

   Sec. 113. PUBLIC TRANSPORTATION SERVICES

 

   Full-time equated classified positions........... 36.0

 

Passenger transportation services--36.0 FTE positions.. $       5,666,200

 

GROSS APPROPRIATION.................................... $      5,666,200

 

    Appropriated from:

 

   Federal revenues:

 

Federal aid transportation programs..................           972,100

 

   Special revenue funds:

 

Comprehensive transportation fund......................         4,694,100

 

State general fund/general purpose..................... $              0

 

   Sec. 114. LOCAL BUS TRANSIT

 

Local bus operating.................................... $   [196,750,500]


House Bill No. 4246 as amended June 13, 2019

[                                                                      ]

 

Nonurban operating/capital.............................        30,027,900

 

GROSS APPROPRIATION.................................... $    220,777,900

 

    Appropriated from:

 

Federal revenues:

 

Federal aid transportation programs..................        28,027,900

 

   Special revenue funds:

 

Local funds............................................         2,000,000

 

Comprehensive transportation fund......................       190,750,000

 

State general fund/general purpose..................... $              0

 

   Sec. 115. INTERCITY PASSENGER AND FREIGHT

 

   Full-time equated classified positions........... 39.0

 

Detroit/Wayne County Port Authority.................... $        418,200

 

Freight property management............................         1,000,000

 

Intercity services.....................................         9,860,000

 

Marine passenger service...............................           200,000

 

Office of rail--39.0 FTE positions.....................         5,990,800

 

Rail freight economic development......................        62,758,000

 

Rail passenger.........................................        18,000,000

 

GROSS APPROPRIATION.................................... $     98,227,000

 

    Appropriated from:

 

   Federal revenues:

 

Federal aid transportation programs..................        14,500,000

 

   Special revenue funds:

 

Local funds............................................           260,000

 

Private funds..........................................           900,000

 

Comprehensive transportation fund......................        73,620,000


Intercity bus equipment and facility fund..............           100,000

 

Michigan transportation fund...........................         2,086,300

 

Rail freight fund......................................         6,000,000

 

State trunkline fund...................................           760,700

 

State general fund/general purpose..................... $              0

 

   Sec. 116. PUBLIC TRANSPORTATION DEVELOPMENT

 

Municipal credit program............................... $      2,000,000

 

Service initiatives....................................         3,900,800

 

Specialized services...................................        15,248,100

 

Transit capital - Urban................................        28,049,500

 

Transit capital - Non-urban............................        28,571,200

 

Incentive challenge fund...............................        13,952,400

 

Transportation to work.................................         3,293,700

 

GROSS APPROPRIATION.................................... $     95,015,700

 

    Appropriated from:

 

   Federal revenues:

 

Federal aid transportation programs..................        26,850,000

 

   Special revenue funds:

 

Local funds............................................         5,760,000

 

Comprehensive transportation fund......................        62,405,700

 

State general fund/general purpose..................... $              0

 

   Sec. 117. CAPITAL OUTLAY

 

   (1) BUILDINGS AND FACILITIES

 

Salt storage buildings and containment control......... $      2,500,000

 

Special maintenance, remodeling, and additions.........         3,001,500

 

GROSS APPROPRIATION.................................... $      5,501,500

 

   Appropriated from:


State trunkline fund...................................         5,501,500

 

State general fund/general purpose..................... $              0

 

   (2) AIRPORT IMPROVEMENT PROGRAMS

 

Airport safety, protection, and improvement program.... $     95,477,300

 

Detroit Metropolitan Wayne County Airport..............         5,850,000

 

GROSS APPROPRIATION.................................... $    101,327,300

 

   Appropriated from:

 

   Federal revenues:

 

Federal aid transportation programs..................        79,000,000

 

   Special revenue funds:

 

Local funds............................................        12,508,500

 

Qualified airport fund.................................         5,850,000

 

State aeronautics fund.................................         3,968,800

 

State general fund/general purpose..................... $              0

 

 

 

 

 

PART 2

 

PROVISIONS CONCERNING APPROPRIATIONS

 

FOR FISCAL YEAR 2019-2020

 

GENERAL SECTIONS

 

     Sec. 201. Pursuant to section 30 of article IX of the state

 

constitution of 1963, total state spending from state sources under

 

part 1 for fiscal year 2019-2020 is $4,005,681,900.00 and state

 

spending from state sources to be paid to local units of government

 

for fiscal year 2019-2020 is $2,363,723,600.00. The itemized

 

statement below identifies appropriations from which spending to

 

local units of government will occur:

 


House Bill No. 4246 as amended June 13, 2019

STATE TRANSPORTATION DEPARTMENT

 

Grants to regional planning council.................... $        488,800

 

Cities and villages....................................       716,312,100

 

County road commissions................................     1,284,761,600

 

Grants to local programs...............................        33,000,000

 

Local bridge program...................................        29,077,800

 

Local agency wetland mitigation........................         2,000,000

 

Movable bridge.........................................         2,611,200

 

Rail grade crossing....................................         1,500,000

 

Rail grade surface crossing improvements...............         3,000,000

 

Transportation economic development....................        27,129,400

 

Air service program....................................           250,000

 

Local bus operating....................................     [196,750,000]

 

[                                                                     ]

 

Detroit/Wayne County Port Authority....................           418,200

 

Marine passenger service...............................           200,000

 

Municipal credit program...............................         2,000,000

 

Service initiatives....................................         1,925,800

 

Specialized services...................................         1,163,100

 

Transit capital........................................        40,070,700

 

Transportation to work.................................         3,293,700

 

Incentive challenge fund...............................        13,952,400

 

Airport safety, protection, and improvement program....         3,968,800

 

Detroit Metropolitan Wayne County Airport..............         5,850,000

 

Total payments to local units of government............ $  2,363,723,600

 

     Sec. 202. The appropriations authorized under this part and

 

part 1 are subject to the management and budget act, 1984 PA 431,


MCL 18.1101 to 18.1594.

 

     Sec. 203. As used in this part and part 1:

 

     (a) "CTF" means comprehensive transportation fund.

 

     (b) "Department" means the state transportation department.

 

     (c) "Director" means the director of the department.

 

     (d) "DOT" means the United States Department of

 

Transportation.

 

     (e) "DOT-FHWA" means DOT, Federal Highway Administration.

 

     (f) "FTE" means full-time equated.

 

     (g) "IDG" means interdepartmental grant.

 

     (h) "MTF" means Michigan transportation fund.

 

     (i) "SAF" means state aeronautics fund.

 

     (j) "STF" means state trunkline fund.

 

     Sec. 204. The departments and agencies receiving

 

appropriations in part 1 shall use the internet to fulfill the

 

reporting requirements of this part. This requirement may include

 

transmission of reports via electronic mail to the recipients

 

identified for each reporting requirement, or it may include

 

placement of reports on an internet or intranet site.

 

     Sec. 205. Funds appropriated in part 1 shall not be used for

 

the purchase of foreign goods or services, or both, if

 

competitively priced and of comparable quality American goods or

 

services, or both, are available. Preference shall be given to

 

goods or services, or both, manufactured or provided by Michigan

 

businesses, if they are competitively priced and of comparable

 

quality. In addition, preference shall be given to goods or

 

services, or both, that are manufactured or provided by Michigan


businesses owned and operated by veterans, if they are

 

competitively priced and of comparable quality.

 

     Sec. 206. The director shall take all reasonable steps to

 

ensure businesses in deprived and depressed communities compete for

 

and perform contracts to provide services or supplies, or both.

 

Each director shall strongly encourage firms with which the

 

department contracts to subcontract with certified businesses in

 

depressed and deprived communities for services, supplies, or both.

 

     Sec. 207. The departments and agencies receiving

 

appropriations in part 1 shall prepare a report on out-of-state

 

travel expenses not later than January 1 of each year. The travel

 

report shall be a listing of all travel by classified and

 

unclassified employees outside this state in the immediately

 

preceding fiscal year that was funded in whole or in part with

 

funds appropriated in the department's budget. The report shall be

 

submitted to the senate and house appropriations committees, the

 

house and senate fiscal agencies, and the state budget director.

 

The report shall include the following information:

 

     (a) The dates of each travel occurrence.

 

     (b) The transportation and related costs of each travel

 

occurrence, including the proportion funded with state general

 

fund/general purpose revenues, the proportion funded with state

 

restricted revenues, the proportion funded with federal revenues,

 

and the proportion funded with other revenues.

 

     Sec. 208. Funds appropriated in part 1 shall not be used by a

 

principal executive department, state agency, or authority to hire

 

a person to provide legal services that are the responsibility of


the attorney general. This prohibition does not apply to legal

 

services for bonding activities and for those activities that the

 

attorney general authorizes.

 

     Sec. 209. Not later than November 30, the state budget office

 

shall prepare and transmit a report that provides for estimates of

 

the total general fund/general purpose appropriation lapses at the

 

close of the prior fiscal year. This report shall summarize the

 

projected year-end general fund/general purpose appropriation

 

lapses by major departmental program or program areas. The report

 

shall be transmitted to the chairpersons of the senate and house of

 

representatives standing committees on appropriations and the

 

senate and house fiscal agencies.

 

     Sec. 210. (1) In addition to the funds appropriated in part 1,

 

there is appropriated an amount not to exceed $200,000,000.00 for

 

federal contingency funds. These funds are not available for

 

expenditure until they have been transferred to another line item

 

in part 1 pursuant to section 393(2) of the management and budget

 

act, 1984 PA 431, MCL 18.1393.

 

     (2) In addition to the funds appropriated in part 1, there is

 

appropriated an amount not to exceed $40,000,000.00 for state

 

restricted contingency funds. These funds are not available for

 

expenditure until they have been transferred to another line item

 

in part 1 pursuant to section 393(2) of the management and budget

 

act, 1984 PA 431, MCL 18.1393.

 

     (3) In addition to the funds appropriated in part 1, there is

 

appropriated an amount not to exceed $1,000,000.00 for local

 

contingency funds. These funds are not available for expenditure


until they have been transferred to another line item in part 1

 

pursuant to section 393(2) of the management and budget act, 1984

 

PA 431, MCL 18.1393.

 

     (4) In addition to the funds appropriated in part 1, there is

 

appropriated an amount not to exceed $1,000,000.00 for private

 

contingency funds. These funds are not available for expenditure

 

until they have been transferred to another line item in part 1

 

pursuant to section 393(2) of the management and budget act, 1984

 

PA 431, MCL 18.1393.

 

     Sec. 211. The department shall cooperate with the department

 

of technology, management, and budget to maintain a searchable

 

website accessible by the public at no cost that includes, but is

 

not limited to, all of the following:

 

     (a) Fiscal year-to-date expenditures by category.

 

     (b) Fiscal year-to-date expenditures by appropriation unit.

 

     (c) Fiscal year-to-date payments to a selected vendor,

 

including the vendor name, payment date, payment amount, and

 

payment description.

 

     (d) The number of active department employees by job

 

classification.

 

     (e) Job specifications and wage rates.

 

     Sec. 212. Within 14 days after the release of the executive

 

budget recommendation, the department shall cooperate with the

 

state budget office to provide the senate and house appropriations

 

chairs, the senate and house appropriations subcommittees chairs,

 

and the senate and house fiscal agencies with an annual report on

 

estimated state restricted fund balances, state restricted fund


projected revenues, and state restricted fund expenditures for the

 

fiscal years ending September 30, 2019 and September 30, 2020.

 

     Sec. 213. The department shall maintain, on a publicly

 

accessible website, a department scorecard that identifies, tracks,

 

and regularly updates key metrics that are used to monitor and

 

improve the department's performance.

 

     Sec. 214. Total authorized appropriations from all sources

 

under part 1 for legacy costs for the fiscal year ending September

 

30, 2020 are $63,863,700.00. From this amount, total agency

 

appropriations for pension-related legacy costs are estimated at

 

$31,045,600.00. Total agency appropriations for retiree health care

 

legacy costs are estimated at $32,818,100.00.

 

     Sec. 215. A department shall not take disciplinary action

 

against an employee for communicating with a member of the

 

legislature or his or her staff. The department shall not require

 

state employees of the department to report communications with a

 

legislator or legislative staff.

 

     Sec. 217. The department shall provide notice to the speaker

 

of the house, the house minority leader, the senate majority

 

leader, the senate minority leader, the house and senate standing

 

committees on transportation, the appropriate house and senate

 

appropriations subcommittees on transportation, and the house and

 

senate fiscal agencies on proposed federal rule changes related to

 

the department that would require amendments to the laws of this

 

state. The notice shall be given within 15 business days of the

 

proposed federal rule being posted to the federal register and

 

shall include a description of the proposed federal rule, the


publication date, the date when public comment closes, the document

 

citation, and a description of the statutory changes needed when

 

the rule is finalized.

 

     Sec. 270. In order to reduce costs and maintain quality, it is

 

the intent of the legislature that, excluding the fleet of motor

 

vehicles for the department of state police, the department will

 

prioritize the utilization of remanufactured parts as the primary

 

means of maintenance and repair for the state of Michigan's fleet

 

of motor vehicles.

 

 

 

DEPARTMENT ADMINISTRATION AND SUPPORT

 

     Sec. 301. (1) The department may establish a fee schedule and

 

collect fees sufficient to cover the costs to issue the permits

 

that the department is authorized by law to issue upon request,

 

unless otherwise stipulated by law. All permit fees are

 

nonrefundable application fees and shall be credited to the

 

appropriate fund to recover the direct and indirect costs of

 

receiving, reviewing, and processing the requests.

 

     (2) A bridge authority shall hold 3 public hearings on an

 

increase in any toll charged by the authority at least 30 days

 

before the toll change will become effective. Two of the hearings

 

shall be held within 5 miles of the bridge over which the bridge

 

authority has jurisdiction. One hearing shall be held in Lansing.

 

Public hearings held under this section shall be conducted in

 

accordance with the open meetings act, 1976 PA 267, MCL 15.261 to

 

15.275, and shall be conducted so as to provide a reasonable

 

opportunity for public comment, including both spoken and written

 


comments. Public hearings under this section shall allow for

 

participation by the public through electronic formats, including

 

the opportunity to view the public hearing through internet

 

broadcast and to submit comments by digital means.

 

     Sec. 304. If, as a requirement of bidding on a highway

 

project, the department requires a contractor to submit financial

 

or proprietary documentation as to how the bid was calculated, that

 

bid documentation shall be kept confidential and shall not be

 

disclosed other than to a department representative without the

 

contractor's written consent. The department may disclose the bid

 

documentation if necessary to address or defend a claim by a

 

contractor.

 

     Sec. 305. (1) The department may permit space on public

 

passenger transportation properties to be occupied by public or

 

private tenants on a competitive market rate basis. The department

 

shall require that revenue from the tenants be placed in an account

 

to be used to pay the costs to maintain and improve the property.

 

     (2) The department shall charge public transit agencies and

 

intercity bus carriers equal rates per square foot for leasing

 

space in state-owned intermodal facilities.

 

     (3) From funds appropriated in part 1, the department shall

 

research 3 options for the relocation of its 3 highest rent

 

operations to an area within the state located in a unit of

 

government that is an enterprise zone under the enterprise zone

 

act, 1985 PA 224, MCL 125.2101 to 125.2123, and not within 150

 

miles of the state capitol. The department shall report to each

 

house of the legislature on its activities and findings under this


section.

 

     Sec. 306. (1) The amounts appropriated in part 1 to support

 

tax and fee collection, law enforcement, and other program services

 

provided to the department and to transportation funds by other

 

state departments shall be expended from transportation funds

 

pursuant to annual contracts between the department and those other

 

state departments. The contracts shall be executed prior to the

 

expenditure or obligation of those funds. The contracts shall

 

provide, but are not limited to, the following data applicable to

 

each state department:

 

     (a) Estimated costs to be recovered from transportation funds.

 

     (b) Description of services provided to the department and/or

 

transportation funds and financed with transportation funds.

 

     (c) Detailed cost allocation methods appropriate to the type

 

of services being provided and the activities financed with

 

transportation funds.

 

     (2) Not later than 2 months after publication of the state of

 

Michigan comprehensive annual financial report, each state

 

department receiving funding pursuant to an interdepartment

 

contract with the department shall submit a written report to the

 

department, the state budget director, and the house and senate

 

fiscal agencies stating by spending authorization account the

 

amount of estimated funds contracted with the department, the

 

amount of funds expended, the amount of funds returned to the

 

transportation funds, and any unreimbursed transportation-related

 

costs incurred but not billed to transportation funds. A copy of

 

the report shall be submitted to the auditor general, and the


report shall be subject to audit.

 

     (3) The auditor general shall use a risk-based approach in

 

developing an audit program for the use of transportation funds.

 

     Sec. 307. Before March 1 of each year, the department will

 

provide to the legislature, the state budget director, and the

 

house and senate fiscal agencies its rolling 5-year plan listing by

 

county or by county road commission all highway construction

 

projects for the fiscal year and all expected projects for the

 

ensuing fiscal years.

 

     Sec. 308. By January 15, 2020, the department must provide a

 

report to the legislature that includes all of the following:

 

     (a) A list of all real estate owned or held by the department.

 

     (b) The current market value of any real estate owned or held

 

by the department.

 

     (c) The amount paid for any real estate owned or held by the

 

department.

 

     (d) A list of any real estate sold by the department during

 

the prior fiscal year, along with the amount of the sale and the

 

names of the purchasers of the real estate.

 

     Sec. 309. No later than 90 days before the close of the fiscal

 

year, the department shall compile and issue a report to the

 

legislature regarding the use of employee accountability systems,

 

including electronic monitoring of FTEs, contractors, part-time

 

workers, and vendors. The report must include, but not be limited

 

to, all of the following:

 

     (a) The number of individuals being monitored during the

 

fiscal year.


     (b) The standards used to assess individual performance.

 

     (c) Any general findings from the accountability systems.

 

     (d) Any specific findings from the accountability systems.

 

     (e) A list of any corrective measures taken as a result of any

 

findings from the accountability systems.

 

     (f) The standards by which the department applied personnel

 

corrective measures.

 

     Sec. 310. The department shall provide in a timely manner

 

copies of the agenda and approved minutes of monthly transportation

 

commission meetings to the members of the house and senate

 

appropriations subcommittees on transportation, the house and

 

senate fiscal agencies, and the state budget director.

 

     Sec. 313. (1) From funds appropriated in part 1, the

 

department may increase a state infrastructure bank program and

 

grant or loan funds in accordance with regulations of the state

 

infrastructure bank program of the United States Department of

 

Transportation. The state infrastructure bank is to be administered

 

by the department for the purpose of providing a revolving, self-

 

sustaining resource for financing transportation infrastructure

 

projects.

 

     (2) In addition to funds provided in subsection (1), money

 

received by the state as federal grants, repayment of state

 

infrastructure bank loans, or other reimbursement or revenue

 

received by the state as a result of projects funded by the program

 

and interest earned on that money shall be deposited in the

 

revolving state infrastructure bank fund and shall be available for

 

transportation infrastructure projects. At the close of the fiscal


year, any unencumbered funds remaining in the state infrastructure

 

bank fund shall remain in the fund and be carried forward into the

 

succeeding fiscal year.

 

     (3) The department shall submit a report to the state budget

 

director, the house and senate appropriations subcommittees on

 

transportation, and the house and senate fiscal agencies on the

 

status of the state infrastructure bank. The report shall be

 

submitted on or before December 1, 2019. The report shall include

 

all of the following:

 

     (a) The balance in the state infrastructure bank at September

 

30, 2019, including a breakdown of the balance by cash and cash

 

equivalents, outstanding loans, and balance available for loan to

 

local agencies.

 

     (b) A breakdown of the state infrastructure loan balance by

 

amounts designated as originating from federal sources and the

 

amounts originating from nonfederal sources.

 

     (c) A list of outstanding loans by agency, original loan

 

amount, project description, loan term, and amount outstanding.

 

     Sec. 319. The department shall post signs at each rest area to

 

identify the agency or contractor responsible for maintenance of

 

the rest area. The signs shall include a department telephone

 

number and shall indicate that unsafe or unclean conditions at the

 

rest area may be reported to that telephone number.

 

     Sec. 320. From the funds appropriated in part 1, all payments

 

by the department to counties, cities, villages, and transit

 

agencies or authorities must be accompanied by a statement that

 

includes all of the following:


     (a) The amount of the current payment.

 

     (b) The date and estimated amount for the next payment.

 

     (c) The dates and estimated payments for the next 12 months.

 

     (d) The amount of any money being withheld by the department

 

and the date by which the money can be fully recovered.

 

     Sec. 321. From the funds appropriated in part 1, the

 

department shall take all actions needed to develop a solicitation

 

for proposals for the sale of the state's interest in the Blue

 

Water Bridge and shall solicit those proposals on or before March

 

1, 2020.

 

     Sec. 322. From the funds appropriated in part 1, the

 

department shall take all actions needed to develop a solicitation

 

for proposals for the sale of welcome centers at all of the

 

following locations:

 

     (a) Menominee.

 

     (b) St. Ignace.

 

     (c) Marquette.

 

     (d) Clare.

 

     (e) Coldwater.

 

     (f) Dundee.

 

     (g) Port Huron.

 

     (h) Detroit/Mexicantown.

 

     Sec. 323. From the funds appropriated in part 1, the

 

department shall take all actions needed to develop a solicitation

 

for proposals for the sale of department-owned rail property

 

between Grayling and Gaylord by September 30, 2020.

 

     Sec. 324. (1) From the funds appropriated in part 1, the


department shall take all actions needed to develop a solicitation

 

for proposals for the sale of the following state-owned airports in

 

this state by September 30, 2020:

 

     (a) Romeo State Airport.

 

     (b) Linden (Price's Airport).

 

     (2) In developing solicitations for proposals under this

 

section, the department may include an option for the sale of all

 

state-owned airports in this state.

 

     (3) Money from the sale of state-owned airports shall be used

 

to offset any costs associated with the sale, including costs

 

related to contract termination.

 

     Sec. 325. (1) The department shall withhold the payment of

 

funds from the part 1 appropriation to cities and villages to a

 

city or village that is not in compliance with section 9a of 1951

 

PA 51, MCL 247.659a.

 

     (2) The department shall withhold the payment of funds from

 

the part 1 appropriation to county road commissions to a county

 

road commission that is not in compliance with section 9a of 1951

 

PA 51, MCL 247.659a.

 

     Sec. 326. At the close of the fiscal year, unencumbered and

 

unexpended balances in the state trunkline fund, the comprehensive

 

transportation fund, and the transportation economic development

 

fund shall be credited to an escrow account to be used for the

 

retirement of debt secured with state restricted transportation

 

funds.

 

     Sec. 327. (1) In order to provide for economical,

 

nondiscriminatory, neutral, and efficient procurement of


construction-related goods and services by this state and political

 

subdivisions of this state, in awarding contracts from funds

 

appropriated in part 1, the department shall comply with this

 

section.

 

     (2) The department shall not award any contract using funds

 

appropriated in part 1, for the construction, repair, remodeling,

 

or demolition of a project to a prime contractor who, as a

 

condition of awarding or not awarding a contract to a

 

subcontractor, does either of the following:

 

     (a) Requires or prohibits a subcontractor in the performance

 

of work to comply with any rates, terms or conditions, or fringe

 

benefit contributions of a collective bargaining agreement.

 

     (b) Requires or prohibits a subcontractor with employees to

 

pay into any health, welfare, educational, or retirement benefit

 

fund in which their employees do not participate.

 

     (3) As used in the section, "project" means any actual

 

physical improvement to real property owned or leased by the

 

department, including, but not limited to, roads, bridges, runways,

 

rails, or a building or structure including the building's or

 

structure's grounds, approaches, services, and appurtenances.

 

     Sec. 328. Not later than 90 days before the close of the

 

fiscal year, the department shall issue a report to each house of

 

the legislature regarding freedom of information act compliance by

 

the department that includes all of the following:

 

     (a) The estimated cost and number of staff hours spent by the

 

department to comply with the freedom of information act during the

 

reporting period.


     (b) The estimated number of freedom of information act

 

requests to the department, listed by subject area, during the

 

reporting period.

 

     (c) A copy of each freedom of information act request to the

 

department during the reporting period.

 

     (d) A copy of each freedom of information act response by the

 

department to the requester during the reporting period.

 

     (e) Any documents relating to an appeal or contested case

 

involving a freedom of information act request to the department

 

during the reporting period.

 

     Sec. 353. The department shall review its contractor payment

 

process and ensure that all prime contractors are paid promptly.

 

The department shall ensure that prime contractors are in

 

compliance with special provision 109.10 regarding the prompt

 

payment of subcontractors.

 

     Sec. 357. When presented with complete local federal aid

 

project submittals, the department shall complete all necessary

 

reviews and inspections required to let local federal aid projects

 

within 120 days of receipt. The department shall implement a system

 

for monitoring the local federal aid project review process.

 

     Sec. 375. The department is prohibited from reimbursing

 

contractors or consultants for costs associated with groundbreaking

 

ceremonies, receptions, open houses, or press conferences related

 

to transportation projects funded, in whole or in part, by revenue

 

appropriated in part 1.

 

     Sec. 376. The department shall not spend funds appropriated in

 

part 1 for the purpose of examining the potential association


House Bill No. 4246 as amended June 13, 2019

between commercial signs, outdoor advertising signs, billboards,

 

digital billboards, or commercial electronic variable message signs

 

and motor vehicle activity or motor vehicle driver behavior.

[    "Sec. 379 (1). From funds appropriated in part 1, the department shall perform a study of the feasibility of tolling in this state. The study shall include an analysis of all of the following:

     (a)The use of tolling in other states.

     (b)Federal regulations related to tolling.

     (c)Opportunities for tolling in Michigan.

     (d)The process for establishing tolled road and bridge facilities in this state.

     (e)The timeline for establishing tolled road and bridge facilities in this state.

     (f)Costs associated with establishing tolled road and bridge facilities in this state.

     (2). The department shall submit the study to the house and senate appropriations subcommittees on transportation and the house and senate fiscal agencies by March 1, 2020.]

     Sec. 381. The department shall require as a condition of each

contract or subcontract for construction, maintenance, or

engineering services that the prequalified contractor or

prequalified subcontractor agree to use the E-Verify system to

verify that all persons hired during the contract term by the

contractor or subcontractor are legally present and authorized to

work in the United States. The department may verify this

information directly or may require contractors and subcontractors

to verify the information and submit a certification to the

department. The department shall report to the house and senate

appropriations committees and the house and senate fiscal agencies

 

by March 1 of each year describing the processes it has developed

 

and implemented under provisions of this section. As used in this

 

section, "E-Verify" means an internet-based system operated by the

 

Department of Homeland Security, U.S. Citizenship and Immigration

 

Services in partnership with the Social Security Administration.

 

     Sec. 382. In administering a contract with a county road

 

commission, city, or village that allocates costs of construction

 

or reconstruction of highways, roads, and streets as provided in

 

section 18d of 1951 PA 51, MCL 247.668d, the department shall

 

submit the final cost-sharing bill to the county road commission,

 

city, or village not later than 2 years after the date of the final

 

contract payment to the construction contractor.

 

     Sec. 383. (1) The department shall prepare a report on use of


department-owned aircraft during the fiscal year ending September

 

30, 2019. With respect to each department-owned aircraft, the

 

report shall include all of the following:

 

     (a) Total hours of usage.

 

     (b) Description of specific flights including dates of travel,

 

names of passengers including state agency, university, or local

 

government affiliation, travel origin and destination, and total

 

estimated costs associated with the air travel.

 

     (2) The report shall be submitted to the senate and house

 

appropriations subcommittees on transportation and the house and

 

senate fiscal agencies no later than February 1, 2020.

 

     (3) The department shall maintain a system for recovering the

 

cost of operating department-owned aircraft through charges to

 

aircraft users.

 

     (4) From the funds appropriated in part 1, the department is

 

prohibited from transporting legislators or legislative staff on

 

state-owned aircraft without prior approval from the senate

 

majority leader or the speaker of the house of representatives and

 

only when the aircraft is already scheduled by state agencies on

 

related official state business.

 

     Sec. 384. (1) Except as otherwise provided in subsection (2),

 

the department shall not obligate the state to expend any state

 

transportation revenue for construction planning or construction of

 

the Gordie Howe International Crossing or a renamed successor. In

 

addition, except as provided in subsection (2), the department

 

shall not commit the state to any new contract related to the

 

construction planning or construction of the Gordie Howe


House Bill No. 4246 as amended June 13, 2019

International Crossing or a renamed successor that would obligate

 

the state to expend any state transportation revenue.[An expenditure for

 staff resources used in connection with project activities, which expenditure is subject to full and prompt reimbursement from Canada, shall not be considered an expenditure of state transportation revenue.]

 

     (2) If the legislature enacts specific enabling legislation

 

for the construction of the Gordie Howe International Crossing or a

 

renamed successor, subsection (1) does not apply once the enabling

 

legislation goes into effect.

 

     [Sec. 385. (1) The department shall submit monthly reports to the

 

state budget director, the speaker of the house of representatives, the

 

house of representatives minority leader, the senate majority leader, the

 

senate minority leader, the house and senate appropriations subcommittees

 

on transportation, and the house and senate fiscal agencies on all of the

 

following:

(a)     All expenditures made by the state related to the Gordie Howe

     Bridge.

(b)     All reimbursements made by Canada under section 384(1) of this

part to the state for expenditures for staff resources used in

 

connection with project activities.

 

     (2) The reports required under subsection (1) shall be submitted on

 

or before December 1, 2019.  The initial report and shall cover the

 

fiscal year ending September 30, 2019.]

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Sec. 386. (1) On or before May 1 of each year, the department

 

shall submit a report to the state budget director, the house and

 

senate appropriations subcommittees on transportation, and the

 

house and senate fiscal agencies on its toll credit program. The

 

report shall include the following information:

 

     (a) The amount of toll credits earned and certified by the

 

DOT-FHWA in the prior fiscal year.

 

     (b) The value of toll credits used by programs and projects in

 

the previous fiscal year.

 

     (c) The balance of available toll credits at the end of the

 

prior fiscal year.

 

     (d) A discussion of the department's strategy for using toll

 

credits.

 

     (2) The department shall use toll credits to match grants from


federal funds in the following order of priority:

 

     (a) State trunkline and local agency road and bridge

 

construction and preservation projects.

 

     (b) Transit capital grants.

 

     (c) Rail infrastructure projects.

 

     (d) Aeronautics capital grants.

 

     (e) Any other eligible projects.

 

     (f) Bike paths.

 

     Sec. 387. (1) Within 60 days of completion of any formal

 

traffic study, formal traffic control study, or formal traffic

 

mitigation study, the department shall post the results of the

 

study on the department's website.

 

     (2) As used in this section, the terms "traffic study",

 

"traffic control study", and "traffic mitigation study" include,

 

but are not limited to, investigations into the need for traffic

 

lights, reviews of traffic speeds and related recommendations

 

regarding speed limits, and ways to improve traffic flow during

 

peak travel times.

 

     Sec. 389. Within 30 days of entering into a long-term

 

agreement with a private contractor, a public agency, or a

 

partnership between 1 or more private contractors or public

 

agencies, the department shall notify the state budget director,

 

the house and senate appropriations subcommittees on

 

transportation, and the house and senate fiscal agencies of the

 

agreement, including the subject of the agreement, the term of the

 

agreement, and financial obligations under the agreement. As used

 

in this section, "long-term agreement" means an agreement that


obligates the department for a period of 5 years or more and that

 

actually or contingently obligates the department to make payments

 

over the contract period of $5,000,000.00 or more.

 

     Sec. 390. (1) Within 14 days after the release of the

 

executive budget recommendation, the department shall report on

 

prior fiscal year revenues, expenditures, and ending balances,

 

including a description of obligations or restrictions in ending

 

balances, for the following funds and accounts:

 

     (a) The moveable bridge fund.

 

     (b) The rail grade crossing account.

 

     (c) The transportation economic development fund.

 

     (d) The roads and risks reserve fund.

 

     (e) Any unencumbered general fund revenue.

 

     (f) Any unexpended federal earmarks.

 

     (2) The department shall transmit the reports required under

 

this section to the state budget director, the house and senate

 

appropriations subcommittees on transportation, and the house and

 

senate fiscal agencies.

 

     Sec. 391. The department shall not use any funds from the

 

appropriations in part 1 to perform, or to assist any other state

 

department in performing, inspections or testing of motor fuel

 

quality.

 

     Sec. 393. The department shall promote best practices for

 

public transportation services in this state, including, but not

 

limited to, the following:

 

     (a) Transit vehicle rehabilitation to reduce life-cycle cost

 

of public transportation through midlife rehabilitation of transit


buses.

 

     (b) Cooperation between entities using transit, including

 

school districts, cities, townships, and counties with a view to

 

promoting cost savings through joint purchasing of fuel and other

 

procurements.

 

     (c) Coordination of transportation dollars among state

 

departments which provide transit-related services, including the

 

department of health and human services. Priority should be given

 

to use of public transportation services where available.

 

     (d) Promotion of intelligent transportation services for buses

 

that incorporate computer and navigation technology to make transit

 

systems more efficient, including stoplight coordinating, vehicle

 

tracking, data tracking, and computerized scheduling.

 

     Sec. 394. The department and local road agencies shall make

 

the preservation of their existing road networks a funding

 

priority.

 

     Sec. 395. From the funds appropriated in part 1 for state

 

trunkline federal aid road and bridge construction, the department

 

may expend up to $10,000,000.00 on highway maintenance activities

 

to support safety-related, high-priority, and other deferred

 

routine maintenance needs on Michigan's state trunkline network.

 

     Sec. 396. In soliciting proposals for contractual services,

 

other than construction contracts, the department shall obtain

 

assurance that the respondents have the financial capability,

 

equipment, work force, and prior work experience sufficient to

 

perform the proposed services.

 

     Sec. 398. The department shall continue to work to eliminate


fatalities and serious injuries on Michigan's trunkline and shall

 

maintain the Toward Zero Deaths statewide safety campaign. The

 

department shall prioritize additional median cable guardrail

 

installation when appropriate to address trunkline locations with a

 

history of correctable fatal and serious injury crashes.

 

     Sec. 399. From the funds appropriated in part 1 for the

 

community service infrastructure fund, $3,000,000.00 shall be used

 

to establish a local matching grant program for cities and villages

 

with a population of 10,000 or less. The program shall be

 

administered by the office of economic development. The office of

 

economic development may expend up to $100,000.00 for costs of

 

program administration. The office of economic development shall

 

provide matching grants up to $250,000.00 for construction or

 

preservation of city and village streets, including, but not

 

limited to, reconstruction, replacement, rehabilitation, and

 

capital prevention maintenance. Grantees will be required to

 

provide a dollar-for-dollar cash match. It is the intent of the

 

legislature that the community service infrastructure fund be

 

supported with ongoing appropriations of not less than

 

$3,000,000.00 each subsequent fiscal year.

 

 

 

FEDERAL

 

     Sec. 402. A portion of the federal DOT-FHWA highway research,

 

planning, and construction funds made available to this state shall

 

be allocated to transportation programs administered by local

 

jurisdictions in accordance with section 10o of 1951 PA 51, MCL

 

247.660o. A local road agency, with respect to a project approved

 


for federal aid funding in a state transportation improvement

 

program, may enter into a voluntary buyout agreement with the

 

department or with another local road agency to exchange the

 

federal aid with state restricted transportation funds as agreed to

 

by the respective parties. The state restricted transportation

 

funds received in exchange for federal aid funds shall be used for

 

the same purpose as the federal aid funds were originally intended.

 

     Sec. 403. After meeting the capital needs of existing section

 

5310 subrecipients, the department shall include in its grant

 

application to the Federal Transit Administration replacement buses

 

for rural transit agencies to the maximum extent possible based on

 

the federal regulations that govern the section 5310 program.

 

 

 

MICHIGAN TRANSPORTATION FUND

 

     Sec. 501. The money received under the motor carrier act, 1933

 

PA 254, MCL 475.1 to 479.42, and not appropriated to the department

 

of licensing and regulatory affairs or the department of state

 

police is deposited in the Michigan transportation fund.

 

     Sec. 503. (1) The funds appropriated in part 1 for the

 

economic development and local bridge programs shall not lapse at

 

the end of the fiscal year but shall carry forward each fiscal year

 

for the purposes for which appropriated in accordance with 1987 PA

 

231, MCL 247.901 to 247.913, and section 10(5) of 1951 PA 51, MCL

 

247.660.

 

     (2) Interest earned in the department of transportation

 

economic development fund and local bridge fund shall remain in the

 

respective funds and shall be allocated to the respective programs

 


based on actual interest earned at the end of each fiscal year.

 

     (3) In addition to the funds appropriated in part 1, the

 

department of transportation economic development fund and local

 

bridge fund may receive federal, local, or private funds or

 

restricted source funds such as interest earnings. These funds are

 

appropriated for projects that are consistent with the purposes of

 

the respective funds.

 

     (4) None of the funds statutorily dedicated to the

 

transportation economic development fund and local bridge fund

 

shall be diverted to other projects.

 

     Sec. 504. Funds from the Michigan transportation fund shall be

 

distributed to the comprehensive transportation fund, the economic

 

development fund, the recreation improvement fund, and the state

 

trunkline fund, in accordance with this part and part 1 and part

 

711 of the natural resources and environmental protection act, 1994

 

PA 451, MCL 324.71101 to 324.71108, and may only be used as

 

specified in this part and part 1, 1951 PA 51, MCL 247.651 to

 

247.675, and part 711 of the natural resources and environmental

 

protection act, 1994 PA 451, MCL 324.71101 to 324.71108.

 

 

 

STATE TRUNKLINE FUND

 

     Sec. 601. The department shall maintain documentation to

 

support initial acceptance of warrantied projects, interim and

 

final inspections, and notifications to contractors that the

 

warranty period had expired. The department also shall review and

 

evaluate consultant evaluation requirements or recommendations and

 

update existing policies and procedures accordingly.

 


     Sec. 604. At the close of the fiscal year, any unencumbered

 

and unexpended balance in the state trunkline fund shall remain in

 

the state trunkline fund and shall carry forward and is

 

appropriated for federal aid road and bridge programs for projects

 

contained in the annual state transportation program.

 

     Sec. 605. (1) From the increased funds appropriated in part 1

 

for highway maintenance, the department shall expand highway

 

maintenance activities in the current fiscal year to support

 

flooding mitigation-related activities on limited-access state

 

trunklines in Wayne, Oakland, and Macomb Counties, as well as other

 

safety-related, high-priority, and deferred routine maintenance

 

needs on Michigan's state trunkline network.

 

     (2) The department shall report on specific outcomes and

 

performance measures, including, but not limited to, the following:

 

     (a) The number of drainage catch basins cleaned on limited-

 

access state trunklines in Wayne, Oakland, and Macomb Counties

 

during the fiscal year ending September 30, 2020.

 

     (b) The number of flooding-related closures on limited-access

 

state trunklines in Wayne, Oakland, and Macomb Counties during the

 

fiscal year ending September 30, 2020.

 

     Sec. 610. The department shall have as a priority the removal

 

of dead deer and other large animal remains from the traveled

 

portion and shoulder of state highways. The department, and

 

counties that perform state highway maintenance under contract,

 

shall remove animal remains, wherever practicable and when funds

 

are available, away from the traveled portion and shoulder of state

 

highways.


     Sec. 612. The department shall establish guidelines governing

 

incentives and disincentives provided under contracts for state

 

trunkline projects. The guidelines shall include specific financial

 

information concerning incentives and disincentives. On or before

 

January 1 of each year, the department shall prepare a report for

 

the immediately preceding fiscal year regarding contract incentives

 

and disincentives. This report shall include a list, by project, of

 

the contractors that received contract incentives and/or

 

disincentives, the amount of the incentives and/or disincentives,

 

the fund source of any incentives, and the number of days that each

 

project was completed either ahead or past the contracted

 

completion date. This report shall be provided to the senate and

 

house appropriations subcommittees on transportation, the senate

 

and house standing committees on transportation, and the senate and

 

house fiscal agencies.

 

     Sec. 613. (1) On or before February 1 of each year, the

 

department shall prepare a report on all capital federal aid

 

participating construction projects completed in the prior fiscal

 

year. The report shall include the following information:

 

     (a) Location of the project.

 

     (b) General description of the project.

 

     (c) As-bid cost of the project.

 

     (d) As-built cost of the project.

 

     (e) Estimated completion date.

 

     (f) Actual completion date.

 

     (g) Whether design engineering was performed by department

 

staff or contract engineering consultants, and if performed by


contract engineering consultants, the name of the contract

 

engineering consultant firm or firms.

 

     (h) Design engineering costs.

 

     (i) Whether construction engineering was performed by

 

department staff or contract engineering consultants, and if

 

performed by contract engineering consultants, the name of the

 

contract engineering consultant firm or firms.

 

     (j) Construction engineering costs.

 

     (k) Design life.

 

     (2) The report shall include a discussion of design

 

engineering and construction engineering costs as a proportion of

 

total project costs and in comparison with other state

 

transportation agencies. The report shall also include a discussion

 

of relative efficiency and effectiveness of work performed by

 

department staff and work performed by contract engineering

 

consultants.

 

     (3) The report described in this section shall be provided to

 

the senate and house appropriations subcommittees on

 

transportation, the senate and house standing committees on

 

transportation, and the senate and house fiscal agencies.

 

     Sec. 660. (1) The legislature encourages the department to

 

examine the use of alternative road surface materials, including

 

recycled materials, and to develop criteria and specifications for

 

their use in both department-managed and contracted projects.

 

     (2) The department shall report on efforts taken to implement

 

this section. The report shall include descriptions of specific

 

materials evaluated, evaluation methods, and results of specific


field or laboratory tests. The department shall complete and submit

 

the report to the state budget director, the house and senate

 

appropriations subcommittees on transportation, and the house and

 

senate fiscal agencies on or before March 1 of each year.

 

 

 

TRANSIT AND RAIL RELATED FUNDS

 

     Sec. 701. The department shall establish an intercity bus

 

equipment and facility fund as a subsidiary fund within the

 

comprehensive transportation fund created under section 10b of 1951

 

PA 51, MCL 247.660b. Proceeds received by this state from the sale

 

of state-owned intercity bus equipment shall be credited to the

 

intercity bus equipment and facility fund for the purchase and

 

repair of intercity bus equipment, as appropriated. Security

 

deposits not returned to a lessee of state-owned intercity bus

 

equipment under terms of the lease agreement shall be credited to

 

the intercity bus equipment and facility fund for the repair of

 

intercity bus equipment, as appropriated. Money received by the

 

department from lease payments for state-owned intercity bus

 

equipment, and facility maintenance charges under terms of leases

 

of state-owned intercity facilities, shall be credited to the

 

intercity bus equipment and facility fund for the purchase and

 

repair of intercity bus equipment or for the maintenance and

 

rehabilitation of state-owned intercity facilities, as

 

appropriated. At the close of the fiscal year, any funds remaining

 

in the intercity bus equipment and facility fund shall remain in

 

the fund and be carried forward into the succeeding fiscal year.

 

     Sec. 702. Money that is received by this state as repayment

 


for loans made for rail or water freight capital projects, and as a

 

result of the sale of property or equipment used or projected to be

 

used for rail or water freight projects shall be deposited in the

 

rail freight fund created by section 17 of the state transportation

 

preservation act of 1976, 1976 PA 295, MCL 474.67. At the close of

 

the fiscal year, any funds remaining in the rail freight fund shall

 

remain in the fund and be carried forward into the succeeding

 

fiscal year.

 

     Sec. 703. After receiving notification from a railroad company

 

pursuant to section 8 of the state transportation preservation act

 

of 1976, 1976 PA 295, MCL 474.58, the department shall immediately

 

notify the house of representatives and senate appropriations

 

subcommittees on transportation and the state budget office that

 

the railroad company has filed with the appropriate governmental

 

agencies for abandonment of a line.

 

     Sec. 704. From the funds appropriated in part 1, the

 

department shall prepare and transmit a report that provides detail

 

regarding the department's obligations for programs funded under

 

the appropriation in part 1 for rail operations and infrastructure.

 

The report shall include a breakdown of the appropriation by

 

program, year-to-date obligations under each program itemized by

 

project, and an estimate of future obligations under each program

 

itemized by project for the remainder of the fiscal year. The

 

initial report shall be submitted to the senate and house

 

appropriations subcommittees on transportation, the state budget

 

director, and the senate and house fiscal agencies, on or before

 

February 1, 2020. The department also shall update and resubmit the


final report on or before November 1, 2020.

 

     Sec. 705. No state funds from the appropriation in part 1 may

 

be expended for the improvement of the state-owned rail line

 

between Dearborn and Kalamazoo except as necessary to maintain the

 

line in its current condition.

 

     Sec. 706. The Detroit/Wayne County Port Authority shall issue

 

a complete operations assessment and a financial disclosure

 

statement. The operations assessment shall include operational

 

goals for the next 5 years and recommendations to improve land

 

acquisition and development efficiency. The report shall be

 

completed and submitted to the house of representatives and senate

 

appropriations subcommittees on transportation, the state budget

 

director, and the house and senate fiscal agencies by June 30 of

 

each fiscal year for the prior fiscal year.

 

     Sec. 711. (1) As prescribed in subsection (2), the department

 

shall submit reports to the state budget director, the house and

 

senate appropriations subcommittees on transportation, and the

 

house and senate fiscal agencies on rail passenger service provided

 

by Amtrak under a contractual agreement with the department. The

 

report shall be submitted on or before May 1 of each year.

 

     (2) The report shall include all of the following:

 

     (a) Passenger counts for the preceding fiscal year for each

 

Amtrak service route in Michigan.

 

     (b) Revenue and operating expenses by Amtrak route.

 

     (c) Total state operating payments to Amtrak in the preceding

 

fiscal year by Amtrak route.

 

     (d) A discussion of major factors affecting route costs and


revenue and net state costs in the preceding fiscal year, and

 

factors affecting route costs and revenue and net state costs

 

anticipated in the current and future fiscal years.

 

     (e) Fare revenue by route and fare revenue as a percentage of

 

route operating expense.

 

     Sec. 712. From the funds appropriated in part 1, the

 

department shall take all actions needed to develop a solicitation

 

for proposals for the delivery of daily round-trip rail passenger

 

service between Grand Rapids and Chicago, Illinois by September 30,

 

2020.

 

     Sec. 714. (1) The part 1 appropriation incentive challenge

 

fund shall be distributed to transit service providers that submit

 

5-year plans describing the transit service providers' efforts to

 

develop programs that do all of the following:

 

     (a) Work with ride-sharing providers.

 

     (b) Coordinate with nonemergency medical providers.

 

     (c) Coordinate with local school districts.

 

     (d) Recover not less than 20% of eligible operating expenses

 

from farebox revenue.

 

     (2) The department shall require a transit service provider to

 

submit a 5-year plan under subsection (1) as part of the transit

 

service provider's application for grants from the incentive

 

challenge fund.

 

     (3) As used in this section, "transit service provider" means

 

a qualified eligible authority or eligible governmental agency as

 

defined under section 10c of 1951 PA 51, MCL 247.660c, or other

 

agency eligible to receive grants under section 10e of 1951 PA 51,


MCL 247.660e.

 

     Sec. 717. (1) From the funds appropriated in part 1, on or

 

before September 30, 2020 the department shall submit a report to

 

the house and senate appropriations subcommittees on transportation

 

and the fiscal agencies on the use of public transportation in this

 

state. The report must include all of the following:

 

     (a) Total usage.

 

     (b) Usage by county.

 

     (c) Usage by service provider.

 

     (d) A cost-per-rider calculation for each participating

 

transit system.

 

     (e) Estimated miles traveled per method.

 

     (2) As used in this section, "public transportation" means air

 

travel, train travel, bus travel, or any transportation service

 

supported in whole or in part with state appropriations.

 

     Sec. 719. It is the intent of the legislature that by

 

September 30, 2020, each subsidized elderly and medical transit

 

system must determine the system's estimated cost per rider. It is

 

the intent of the legislature that during the fiscal year, each

 

system must issue requests for proposals from ride-sharing

 

companies for 100% of the system's anticipated service, and any

 

remaining service not covered by ride-sharing companies must be

 

provided by the transit system.

 

     Sec. 735. For the fiscal year ending September 30, 2020, the

 

appropriation to a street railway pursuant to section 10e(22) of

 

1951 PA 51, MCL 247.660e, is $0.00.

 

 

 


AERONAUTICS FUND

 

     Sec. 801. Except as otherwise provided in section 903 of this

 

part for capital outlay, at the close of the fiscal year, any

 

unobligated and unexpended balance in the state aeronautics fund

 

created in the aeronautics code of the state of Michigan, 1945 PA

 

327, MCL 259.1 to 259.208, shall lapse to the state aeronautics

 

fund and be appropriated by the legislature in the immediately

 

succeeding fiscal year.

 

     Sec. 802. The legislature encourages the department to find

 

private entities or local public agencies to assume ownership and

 

operating responsibility for airports currently owned by the

 

department.

 

     Sec. 804. The department shall not expend funds from the

 

appropriation in part 1, air fleet operations and maintenance, if

 

the department owns 3 or more aircraft. The department shall notify

 

the state budget director, the house and senate appropriations

 

subcommittees on transportation, and the house and senate fiscal

 

agencies when it owns 2 aircraft or fewer.

 

     Sec. 806. (1) From the funds appropriated in part 1 for

 

aviation services, the department shall review the information and

 

forms on the department's office of aeronautics website to ensure

 

that the terminology used on the website is consistent with the

 

terminology and definitions used in the aeronautics code of the

 

state of Michigan, 1945 PA 327, MCL 259.1 to 259.208. In addition,

 

the department shall review the aeronautics code of the state of

 

Michigan, 1945 PA 327, MCL 259.1 to 259.208, to identify

 

definitions or provisions that are unclear, out-of-date, or


otherwise no longer consistent with current practice.

 

     (2) On or before December 1, 2019, the department shall submit

 

a report to the house and senate appropriations subcommittees on

 

transportation and the house and senate fiscal agencies describing

 

its activities under subsection (1). The report must include a list

 

of terminology, definitions, and provisions of the aeronautics code

 

of the state of Michigan, 1945 PA 327, MCL 259.1 to 259.208, the

 

department has identified as unclear, out-of-date, or no longer

 

consistent with current practice. The department shall include in

 

the report any recommended changes to the aeronautics code of the

 

state of Michigan, 1945 PA 327, MCL 259.1 to 259.208, and the

 

reasons for any proposed changes.

 

 

 

CAPITAL OUTLAY

 

     Sec. 901. (1) From federal-state-local project appropriations

 

contained in part 1 for the purpose of assisting political entities

 

and subdivisions of this state in the construction and improvement

 

of publicly used airports and landing fields within this state, the

 

state transportation department may permit the award of contracts

 

on behalf of units of local government for the authorized locations

 

not to exceed the indicated amounts, of which the state allocated

 

portion shall not exceed the amount appropriated in part 1.

 

     (2) Political entities and subdivisions shall provide not less

 

than 5% of the cost of any project under this section, unless a

 

total nonfederal share less than 10% is otherwise specified in

 

federal law. State money shall not be allocated until local money

 

is allocated. State money for any 1 project shall not exceed 1/3 of

 


the total appropriation in part 1 from state funds for airport

 

improvement programs.

 

     (3) The Michigan aeronautics commission may take those steps

 

necessary to match federal money available for airport construction

 

and improvement within this state and to meet the matching

 

requirements of the federal government. Whether acting alone or

 

jointly with another political subdivision or public agency or with

 

this state, a political subdivision or public agency of this state

 

shall not submit to any agency of the federal government a project

 

application for airport planning or development unless it is

 

authorized in this part and part 1 and the project application is

 

approved by the governing body of each political subdivision or

 

public agency making the application and by the Michigan

 

aeronautics commission.

 

     Sec. 903. The appropriations in part 1 for capital outlay

 

shall be carried forward at the end of the fiscal year consistent

 

with the provisions of section 248 of the management and budget

 

act, 1984 PA 431, MCL 18.1248.

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