SB-0522, As Passed Senate, June 30, 2005
May 19, 2005, Introduced by Senators McMANUS, PRUSI, HAMMERSTROM, GOSCHKA, ALLEN, KUIPERS, JOHNSON and SCHAUER and referred to the Committee on Transportation.
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:
Sec.
13. (1) Telegraph Except
as otherwise provided under
subsection (2), telegraph, telephone, power, and other public
utility companies, cable television companies, and municipalities
may enter upon, construct, and maintain telegraph, telephone, or
power lines, pipe lines, wires, cables, poles, conduits, sewers or
Senate Bill No. 522 as amended June 28, 2005
similar structures upon, over, across, or under any public road,
bridge,
street, or public place, including, subject to subsection
(2),
longitudinally within limited
access highway rights-of-way,
and across or under any of the waters in this state, with all
necessary erections and fixtures for that purpose. A telegraph,
telephone, power, and other public utility company, cable
television company, and municipality, before any of this work is
commenced, shall first obtain the consent of the governing body of
the city, village, or township through or along which these lines
and poles are to be constructed and maintained.
(2)
A utility as defined in 23 C.F.R. CFR 645.105(m) may
enter upon, construct, and maintain utility lines and structures,
including pipe lines, longitudinally within limited access highway
rights-of-way and under any public road, street, or other
subsurface that intersects any limited access highway at a
different grade, in accordance with standards approved by the state
transportation commission and the Michigan public service
commission that conform to governing federal laws and regulations
and is not required to obtain the consent of the governing body of
the city, village, or township as required under subsection (1).
The standards shall require that the lines and structures be
underground and be placed in a manner that will not increase
highway maintenance costs for the state transportation department.
The standards may provide for the imposition of a reasonable charge
for longitudinal use of limited access highway rights-of-way. The
imposition of a reasonable charge is a governmental function,
offsetting
a portion of the capital [and maintenance, MAINTENANCE,
AND
PERMITTING] expense of the
Senate Bill No. 522 as amended June 28, 2005
limited access highway, and is not a proprietary function. The
charge shall be calculated to reflect a 1-time installation permit
fee that shall not exceed $1,000.00 per mile of longitudinal use of
limited access highway rights-of-way with a minimum fee of
$5,000.00 per permit. [IF THE 1-TIME INSTALLATION PERMIT FEE DOES NOT
COVER THE REASONABLE AND ACTUAL COSTS TO THE DEPARTMENT IN ISSUING THE PERMIT, THE DEPARTMENT MAY ASSESS THE UTILITY FOR THE REMAINING BALANCE.] All revenue received under this subsection
shall be used for capital and maintenance expenses incurred for
limited access highways[, INCLUDING THE COST OF ISSUING THE PERMIT].
(3) A person engaged in the collection of traffic data or the
provision of travel-related information or assistance may enter
upon, construct, and maintain electronic devices and related
structures within limited access and other highway rights-of-way in
accordance with standards approved by the state transportation
commission that conform to governing federal laws and regulations.
The standards shall require that the devices and structures be
placed in a manner that will not impede traffic and will not
increase maintenance costs for the state transportation department.
The state transportation department may enter into agreements to
authorize the use of property acquired for or designated as a
highway or acquired for or designated for ancillary purposes for
the installation, operation, and maintenance of commercial or
noncommercial electronic devices and related structures for the
collection of traffic data or to assist in providing travel-related
information or assistance to motorists who subscribe to travel-
related services, the public, or the department. Any revenue
generated by the agreements shall be deposited in the state trunk
line fund. The department may accept facilities or in-kind services
to be used for public purposes in lieu of, or in addition to,
monetary compensation.