Bill Text: MI SB0281 | 2013-2014 | 97th Legislature | Introduced
Bill Title: Highways; bridges; movable bridge fund; create, and require oversight of publicly owned movable bridges by department of transportation. Amends sec. 10 of 1951 PA 51 (MCL 247.660) & adds sec. 11g.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Engrossed - Dead) 2014-12-02 - Referred To Committee On Transportation And Infrastructure [SB0281 Detail]
Download: Michigan-2013-SB0281-Introduced.html
SENATE BILL No. 281
March 20, 2013, Introduced by Senator GREEN and referred to the Committee on Transportation.
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 10 (MCL 247.660), as amended by 2007 PA 210,
and by adding section 11g.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 10. (1) A fund to be known as the Michigan transportation
fund
is established and shall be set up and maintained in the state
treasury as a separate fund. Money received and collected under the
motor fuel tax act, 2000 PA 403, MCL 207.1001 to 207.1170, except a
license fee provided in that act, and a tax, fee, license, and
other money received and collected under sections 801 to 810 of the
Michigan vehicle code, 1949 PA 300, MCL 257.801 to 257.810, except
a truck safety fund fee provided in section 801(1)(k) of the
Michigan vehicle code, 1949 PA 300, MCL 257.801, and money received
under the motor carrier act, 1933 PA 254, MCL 475.1 to 479.43,
shall be deposited in the state treasury to the credit of the
Michigan transportation fund. In addition, income or profit derived
from the investment of money in the Michigan transportation fund
shall be deposited in the Michigan transportation fund. Except as
provided in this act, no other money, whether appropriated from the
general fund of this state or any other source, shall be deposited
in the Michigan transportation fund. Except as otherwise provided
in
this section, the legislature shall appropriate funds money for
the necessary expenses incurred in the administration and
enforcement of the motor fuel tax act, 2000 PA 403, MCL 207.1001 to
207.1170, the motor carrier act, 1933 PA 254, MCL 475.1 to 479.43,
and sections 801 to 810 of the Michigan vehicle code, 1949 PA 300,
MCL
257.801 to 257.810. Funds Money
appropriated for necessary
expenses shall be based upon established cost allocation
methodology that reflects actual costs. Appropriations for the
necessary expenses incurred by the department of state in
administration and enforcement of sections 801 to 810 of the
Michigan vehicle code, 1949 PA 300, MCL 257.801 to 257.810, shall
be
made from the Michigan transportation fund and from funds money
in the transportation administration collection fund created in
section 810b of the Michigan vehicle code, 1949 PA 300, MCL
257.810b. Appropriations from the Michigan transportation fund for
the necessary expenses incurred by department of state in
administration and enforcement of sections 801 to 810 of the
Michigan vehicle code, 1949 PA 300, MCL 257.801 to 257.810, shall
not
exceed $20,000,000.00 per state fiscal year. except for the
fiscal
year ending September 30, 2006. For the fiscal year ending
September
30, 2006, the legislature may appropriate funds in excess
of
$20,000,000.00 from the Michigan transportation fund for all
incremental
additional expenses incurred by the department of state
in
enforcing sections 801 to 810 of the Michigan vehicle code, 1949
PA
300, MCL 257.801 to 257.810, that arise because of the
replacement
of standard design registration license plates as
provided
in section 224 of the Michigan vehicle code, 1949 PA 300,
MCL
257.224. All money in the Michigan
transportation fund is
apportioned and appropriated in the following manner:
(a) Not more than $3,000,000.00 as may be annually
appropriated each fiscal year to the state trunk line fund for
subsequent deposit in the rail grade crossing account.
(b) Not less than $3,000,000.00 each year to the local bridge
fund
established in subsection (5) (4)
for the purpose of payment
of the principal, interest, and redemption premium on any notes or
bonds issued by the state transportation commission under former
section
11b or subsection (10).(9).
(c) Revenue from 3 cents of the tax levied under section
8(1)(a) of the motor fuel tax act, 2000 PA 403, MCL 207.1008, to
the movable bridge fund created in section 11g, with the remainder
to the state trunk line fund, county road commissions, and cities
and
villages in the percentages provided in subdivision (i).(j).
(d)
Until September 30, 2004, all of the revenue from 1 cent
of
the tax levied under section 8(1)(a) of the motor fuel tax act,
2000
PA 403, MCL 207.1008, to the state trunk line fund for repair
of
state bridges under section 11. Beginning October 1, 2004 and
continuing
through September 30, 2005, 3/4 of the revenue from 1
cent
of the tax levied under section 8(1)(a) of the motor fuel tax
act,
2000 PA 403, MCL 207.1008, shall be appropriated to the state
trunk
line fund for the repair of state bridges under section 11,
and
1/4 of the revenue from 1 cent of the tax levied under section
8(1)(a)
of the motor fuel tax act, 2000 PA 403, MCL 207.1008, shall
be
appropriated to the local bridge fund created in subsection (5)
for
distribution only to cities, villages, and county road
commissions.
Beginning October 1, 2005, 1/2 One-half
of the revenue
from 1 cent of the tax levied under section 8(1)(a) of the motor
fuel
tax act, 2000 PA 403, MCL 207.1008, shall be is appropriated
to the state trunk line fund for the repair of state bridges under
section 11, and 1/2 of the revenue from 1 cent of the tax levied
under section 8(1)(a) of the motor fuel tax act, 2000 PA 403, MCL
207.1008,
shall be is appropriated to the local bridge fund created
in
subsection (5) (4) for distribution only to cities, villages,
and county road commissions.
(e) $43,000,000.00 to the state trunk line fund for debt
service costs on state of Michigan projects.
(f)
Except as provided in subsection (4), 10% to the
comprehensive transportation fund for the purposes described in
section 10e.
(g) $5,000,000.00 to the local bridge fund established in
subsection
(5) (4) for distribution only to the local bridge
advisory board, the regional bridge councils, cities, villages, and
county road commissions.
(h) $36,775,000.00 to the state trunk line fund for subsequent
deposit
in the transportation economic development fund, and, as of
September
30, 1997, with first priority for
allocation to debt
service on bonds issued to fund transportation economic development
fund
projects. In addition, beginning October 1, 1997,
$3,500,000.00 is appropriated from the Michigan transportation fund
to the state trunk line fund for subsequent deposit in the
transportation economic development fund to be used for economic
development road projects in any of the targeted industries
described in section 9(1)(a) of 1987 PA 231, MCL 247.909.
(i) Not less than $33,000,000.00 as may be annually
appropriated each fiscal year to the local program fund created in
section 11e.
(j) The balance of the Michigan transportation fund as
follows, after deduction of the amounts appropriated in
subdivisions
(a) through (i) and section 11b:11g:
(i) 39.1% to the state trunk line fund for the purposes
described in section 11.
(ii) 39.1% to the county road commissions of the this state.
(iii) 21.8% to the cities and villages of the this state.
(2) The money appropriated pursuant to this section shall be
used for the purposes as provided in this act and any other
applicable
act. Subject to the requirements of section 9b, the
department shall develop programs in conjunction with the Michigan
state chamber of commerce and the Michigan minority business
development council to assist small businesses, including those
located in enterprise zones and those located in empowerment zones
as determined under federal law, as defined by law in becoming
qualified to bid.
(3)
Thirty-one and one-half percent of the funds money
appropriated to this state from the federal government pursuant to
23 USC 157, commonly known as minimum guarantee funds, shall be
allocated
to the transportation economic development fund, if such
an
the allocation is consistent with federal law. These
funds This
money shall be distributed 16-1/2% for development projects for
rural counties as defined by law and 15% for capacity improvement
or advanced traffic management systems in urban counties as defined
by
law. Federal funds money allocated for distribution under this
section
shall be is eligible for obligation and use by all
recipients as defined by the transportation equity act for the 21st
century, Public Law 105-178.
(4)
For the fiscal year beginning October 1, 2003 only, the
apportionment
of 10% of Michigan transportation fund money to the
comprehensive
transportation fund as provided in subsection (1)(f)
shall
be reduced by $10,000,000.00 and the $10,000,000.00 shall be
transferred
to the state trunk line fund for capacity improvements
to
state trunk line highways.
(4) (5)
A fund to be known as the local
bridge fund is
established
and is set up and maintained in the state treasury as a
separate fund. The money appropriated to the local bridge fund and
the interest accruing to that fund shall be expended for the local
bridge program. The purpose of the fund is to provide financial
assistance to highway authorities for the preservation,
improvement, or reconstruction of existing bridges or for the
construction of bridges to replace existing bridges in whole or
part. The money in the local bridge fund is not subject to section
12(15) or 13(5). The local bridge advisory board is created and
shall consist of 6 voting members appointed by the state
transportation commission and 2 nonvoting members appointed by the
state
transportation department. The
board shall include 3 members
from the county road association of Michigan, 1 member who
represents counties with populations 65,000 or greater, 1 member
who represents counties with populations greater than 30,000 and
less than 65,000, and 1 member who represents counties with
populations of 30,000 or less. Three members shall be appointed
from the Michigan municipal league, 1 member who represents cities
with a population 75,000 or greater, 1 member who represents cities
with a population less than 75,000, and 1 member who represents
villages. Each organization with voting rights shall submit a list
of nominees in each population category to the state transportation
commission. The state transportation commission shall make the
appointments
from the lists submitted under this subsection. Names
shall
be submitted within 45 days after October 1, 2004. The state
transportation
commission shall make the appointments by January
30,
2005. Voting members shall be
appointed for 2 years. The
chairperson of the board shall be selected from among the voting
members of the board. In addition to the 2 nonvoting members, the
department shall provide qualified administrative staff and
qualified technical assistance to the board.
(5) (6)
Beginning October 1, 2005, no No
less than 5% and no
more
than 15% of the funds money
received in the local bridge fund
may be used for critical repair of large bridges and emergencies as
determined
by the local bridge advisory board. Beginning October 1,
2005,
funds Money remaining after the funds money allocated
for
critical
large bridge repair and emergencies are is deducted shall
be distributed by the board to the regional bridge councils created
under this section. One regional council shall be formed for each
department of transportation region as those regions exist on
October 1, 2004. The regional councils shall consist of 2 members
of the county road association of Michigan from counties in the
region, 2 members of the Michigan municipal league from cities and
villages
in the region, and 1 member of the state transportation
department
in each region. The members of the state transportation
department
shall be are nonvoting members who shall provide
qualified administrative staff and qualified technical assistance
to the regional councils.
(6) (7)
Beginning October 1, 2005, funds Money
in the local
bridge fund after deduction of the amounts set aside for critical
repair of large bridges and emergency repairs shall be distributed
among the regional bridge councils according to all of the
following ratios, which shall be assigned a weight expressed as a
percentage as determined by the board, with each ratio receiving no
greater than a 50% weight and no less than a 25% weight:
(a) A ratio with a numerator that is the total number of local
bridges in the region and a denominator that is the total number of
local bridges in this state.
(b) A ratio with a numerator that is the total local bridge
deck area in the region and a denominator that is the total local
bridge deck area in this state.
(c) A ratio with a numerator that is the total amount of
structurally deficient local bridge deck area in the region and a
denominator that is the total amount of structurally deficient
local bridge deck area in this state.
(7) (8)
Beginning October 1, 2005, the The
regional bridge
councils
shall allocate the funds money
received from the board for
the preservation, improvement, and reconstruction of existing
bridges or for the construction of bridges to replace existing
bridges in whole or in part in each region.
(8) (9)
Beginning January 1, 2007 and each Each
January, after
2007,
the department shall submit a
report to the chair and the
minority vice-chair of the appropriations committees of the senate
and the house of representatives, and to the standing committees on
transportation of the senate and the house of representatives, on
all of the following activities for the previous state fiscal year:
(a) A listing of how much money was dedicated for emergency
and large bridge repair.
(b)
A listing of what the emergency and large bridge repair
projects that were funded.
(c) The actual weights used in the calculation required under
subsection
(7).(6).
(d) A listing of the total money distributed to each region.
(e)
A listing of what the specific projects that were funded
pursuant
to subsection (8).(7).
(9) (10)
The state transportation commission
shall borrow
money and issue notes or bonds in an amount of not less than
$30,000,000.00 to supplement the funding provided for the local
bridge
program under subsection (6). (5). The bonds or notes issued
pursuant to this subsection may be issued by the commission for any
purpose
for which other local bridge funds money may be used under
this section. The bonds or notes authorized by this subsection
shall be issued by resolution of the state transportation
commission consistent with the requirements of section 18b.
(10) (11)
The state transportation department
shall promulgate
rules pursuant to the administrative procedures act of 1969, 1969
PA 306, MCL 24.201 to 24.328, governing the administration of the
local bridge program. The rules shall set forth the eligibility
criteria for financial assistance under the program and other
matters related to the program that the department considers
necessary and desirable. The department shall take into
consideration the availability of federal aid and other financial
resources of the highway authority responsible for the bridge, the
importance of the bridge to the highway, road, or street network,
and the condition of the existing bridge.
(11) (12)
Beginning October 1, 2004, the revenue The money
appropriated to the local bridge fund pursuant to subsection (1)(d)
shall be distributed only to the local bridge advisory board, the
regional bridge councils, cities, villages, and county road
commissions.
(12) (13)
Beginning October 1, 2008, the The
regional bridge
councils
shall determine what the bridge projects that are selected
for
funding from the local bridge fund created in subsection (5)
(4) and shall make a list of selected projects available to
interested parties in the region. A determination that a bridge
project is selected for funding in a given fiscal year is not
approval
to disburse the funds.money.
(13) (14)
Beginning October 1, 2008, a A
county road
commission, city, or village may implement a bridge project if the
bridge project has been selected for funding and is included in the
appropriate regional bridge council's current multiyear bridge plan
for the local bridge program but the regional bridge council has
not
allocated funds money to the bridge project for the fiscal year
that the bridge project is on the current multiyear bridge plan. A
county
road commission, city, or village may borrow funds money to
implement a project that has been selected for funding and is
included in the appropriate regional bridge council's current
multiyear
bridge plan but has not been allocated funds money by
the
regional
bridge council. Based on available local bridge funds,
money, when a bridge project that was implemented with borrowed
funds
money is allocated funding in a subsequent fiscal year,
the
funding shall only be used to repay the amount approved by the
multiyear
bridge plan when the funds were money
was borrowed. To be
eligible for repayment of the amount borrowed, a bridge project
that
has been implemented with borrowed funds money shall be
administered through the department's local bridge program.
Sec. 11g. (1) The movable bridge fund is created in the state
treasury as a separate fund. The state treasurer may receive money
or other assets from any source for deposit into the fund. The
state treasurer shall direct the investment of the fund. The state
treasurer shall credit to the fund interest and earnings from fund
investments. Money in the fund at the close of the fiscal year
shall remain in the fund and shall not lapse to the general fund.
The department shall be the administrator of the fund for auditing
purposes.
(2) The department shall expend money from the movable bridge
fund, upon appropriation, only for the purpose of funding the
operational costs of all publicly owned movable bridges in this
state. The department shall not expend money in the movable bridge
fund for routine maintenance of a movable bridge or snow removal on
a movable bridge.
(3) If money appropriated under this section is insufficient
to completely pay the operational costs of all publicly owned
movable bridges in this state, the shortfall shall be split equally
among all publicly owned movable bridges. If a movable bridge is
owned by a local road agency, the department shall withhold the
local road agency's share of the shortfall from the distribution to
that local road agency under section 10(1)(j). If a movable bridge
is owned by this state, the department shall use money appropriated
to the department from the state trunk line fund for routine
maintenance to fund its share of the shortfall.
(4) The department shall develop procedures governing the
operation of all publicly owned movable bridges in this state. In
developing procedures under this subsection, the department shall
not transfer jurisdiction of any local road or movable bridge to
the department. The department may enter into contracts for the
operation of any publicly owned movable bridge, or it may operate
any publicly owned movable bridge in any other manner.
(5) As used in this section, "operational costs" includes all
of the following:
(a) Daily operation of movable spans and traffic control gates
during the navigation and off-call seasons.
(b) Visual inspection of all electric, mechanical, and
hydraulic equipment.
(c) Quality assurance and quality control, including weekly
inspections and operational tests.
(d) Billing and administrative costs, including record
keeping.
(e) Management of the daily and annual operations of a bridge,
including communication with the United States coast guard.
(f) Operational utility costs.
(g) Daily mechanical and electrical maintenance, including
lubrication of mechanical components.
(h) Training of bridge operators.
(i) Toll collection.
(j) Training in and implementation of safety procedures.
(k) Training for emergency and disaster procedures.
(l) Vessel bridge-to-bridge radiotelephone operations.
(m) Performing sound signals in accordance with United States
coast guard regulations.
(n) Filling out vessel, vehicle, pedestrian, and bicycle
accident reports.
(o) Custodial activities, including daily cleaning and
preservation of property.
(p) Any other costs determined to be appropriate by the
department.
