November 4, 2004, Introduced by Reps. Rivet and Bradstreet and referred to the Committee on Energy and Technology.
A bill to amend 1925 PA 368, entitled
"An act to prohibit obstructions and encroachments on public
highways, to provide for the removal thereof, to prescribe the
conditions under which telegraph, telephone, power, and other
public utility companies, cable television companies and
municipalities may enter upon, construct and maintain telegraph,
telephone, power or cable television lines, pipe lines, wires,
cables, poles, conduits, sewers and like structures upon, over,
across or under public roads, bridges, streets and waters and to
provide penalties for the violation of this act,"
by amending section 13 (MCL 247.183), as amended by 2002 PA 151.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
1 Sec. 13. (1) Telegraph
Except as otherwise provided under
2 subsection (2), telegraph, telephone, power, and other public
3 utility companies, cable television companies, and municipalities
4 may enter upon, construct, and maintain telegraph, telephone, or
5 power lines, pipe lines, wires, cables, poles, conduits, sewers
6 or similar structures upon, over, across, or under any public
7 road, bridge, street, or
public place, including, subject to
1 subsection (2), longitudinally within limited access highway
2 rights-of-way, and across or under any of the waters in this
3 state, with all necessary erections and fixtures for that
4 purpose. A telegraph, telephone, power, and other public utility
5 company, cable television company, and municipality, before any
6 of this work is commenced, shall first obtain the consent of the
7 governing body of the city, village, or township through or along
8 which these lines and poles are to be constructed and
9 maintained.
10 (2) A utility as
defined in 23 C.F.R. CFR 645.105(m) may
11 enter upon, construct, and maintain utility lines and structures,
12 including pipe lines, longitudinally within limited access
13 highway rights-of-way in accordance with standards approved by
14 the state transportation commission and the Michigan public
15 service commission that conform to governing federal laws and
16 regulations and is not required to obtain the consent of the
17 governing body of the city, village, or township as required
18 under subsection (1). The standards shall require that the lines
19 and structures be underground and be placed in a manner that will
20 not increase highway maintenance costs for the state
21 transportation department. The standards may provide for the
22 imposition of a reasonable charge for longitudinal use of limited
23 access highway rights-of-way. The imposition of a reasonable
24 charge is a governmental function, offsetting a portion of the
25 capital and maintenance expense of the limited access highway,
26 and is not a proprietary function. The charge shall be
27 calculated to reflect a 1-time installation permit fee that shall
1 not exceed $1,000.00 per mile of longitudinal use of limited
2 access highway rights-of-way with a minimum fee of $5,000.00 per
3 permit. All revenue received under this subsection shall be used
4 for capital and maintenance expenses incurred for limited access
5 highways.
6 (3) A person engaged in the collection of traffic data or the
7 provision of travel-related information or assistance may enter
8 upon, construct, and maintain electronic devices and related
9 structures within limited access and other highway rights-of-way
10 in accordance with standards approved by the state transportation
11 commission that conform to governing federal laws and
12 regulations. The standards shall require that the devices and
13 structures be placed in a manner that will not impede traffic and
14 will not increase maintenance costs for the state transportation
15 department. The state transportation department may enter into
16 agreements to authorize the use of property acquired for or
17 designated as a highway or acquired for or designated for
18 ancillary purposes for the installation, operation, and
19 maintenance of commercial or noncommercial electronic devices and
20 related structures for the collection of traffic data or to
21 assist in providing travel-related information or assistance to
22 motorists who subscribe to travel-related services, the public,
23 or the department. Any revenue generated by the agreements shall
24 be deposited in the state trunk line fund. The department may
25 accept facilities or in-kind services to be used for public
26 purposes in lieu of, or in addition to, monetary compensation.