SUBSTITUTE FOR
SENATE BILL NO. 185
A bill to make appropriations for the state transportation
department and certain transportation purposes for the fiscal year
ending September 30, 2012; to provide anticipated appropriations
for the fiscal year ending September 30, 2013; to provide for the
imposition of fees; to provide for reports; to create certain funds
and programs; to prescribe requirements for certain railroad and
bus facilities; to prescribe certain powers and duties of certain
state departments and officials and local units of government; and
to provide for the expenditure of the appropriations.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
PART 1
LINE-ITEM APPROPRIATIONS
FOR FISCAL Y
EAR 2011-2012
Sec. 101. Subject to the conditions set forth in this act, the
amounts listed in this part are appropriated for the state
transportation department and certain state purposes designated in
this act for the fiscal year ending September 30, 2012, from the
funds indicated in this part. The following is a summary of the
appropriations in this part:
STATE TRANSPORTATION DEPARTMENT
APPROPRIATION SUMMARY
Full-time equated unclassified positions.......... 6.0
Full-time equated classified positions........ 3,043.3
GROSS APPROPRIATION.................................... $ 3,327,770,700
Total interdepartmental grants and intradepartmental
transfers............................................ 3,451,500
ADJUSTED GROSS APPROPRIATION........................... $ 3,324,319,200
Federal revenues:
DOT, federal transit administration.................... 61,985,000
DOT-FHWA, highway research, planning, and construction. 1,082,019,600
DOT-FRA, local rail service assistance................. 100,000
DOT-FRA, rail passenger/HSGT........................... 3,000,000
DOT, federal aviation administration................... 94,090,600
Total federal revenues................................. 1,241,195,200
Special revenue funds:
Local revenues......................................... 53,968,500
Total local and private revenues....................... 53,968,500
Blue Water Bridge fund................................. 16,980,700
Comprehensive transportation fund...................... 239,494,100
Economic development fund.............................. 41,819,000
IRS debt service rebate................................ 7,523,500
Intercity bus equipment fund........................... 200,000
Local bridge fund...................................... 30,514,300
Michigan transportation fund........................... 974,103,300
Rail freight fund...................................... 2,000,000
State aeronautics fund................................. 14,537,700
State trunkline fund................................... 701,982,900
Total other state restricted revenues.................. 2,029,155,500
State general fund/general purpose..................... $ 0
Sec. 102. DEBT SERVICE
State trunkline........................................ $ 247,449,700
Economic development................................... 9,174,600
Local bridge fund...................................... 3,261,800
Blue Water Bridge fund................................. 4,115,000
Airport safety and protection plan..................... 3,473,500
Comprehensive transportation........................... 19,998,800
GROSS APPROPRIATION.................................... $ 287,473,400
Appropriated from:
Federal revenues:
DOT-FHWA, highway research, planning, and construction. 53,434,300
Special revenue funds:
Blue Water Bridge fund................................. 4,115,000
Comprehensive transportation fund...................... 19,998,800
Economic development fund.............................. 9,174,600
Local bridge fund...................................... 3,261,800
IRS debt service rebate................................ 7,523,500
State aeronautics fund................................. 3,473,500
State trunkline fund................................... 186,491,900
State general fund/general purpose..................... $ 0
Sec. 103. COLLECTION, ENFORCEMENT, AND OTHER AGENCY
SUPPORT SERVICES
MTF grant to department of natural resources and
environment.......................................... $ 1,165,900
MTF grant to department of state for collection of
revenue and fees..................................... 20,000,000
MTF grant to department of treasury.................... 8,379,000
MTF grant to legislative auditor general............... 204,300
STF grant to department of attorney general............ 2,817,500
STF grant to civil service commission.................. 5,697,000
STF grant to department of technology, management, and
budget............................................... 1,388,000
STF grant to department of state police................ 10,586,900
STF grant to department of treasury.................... 131,600
STF grant to legislative auditor general............... 474,600
SAF grant to department of attorney general............ 165,900
SAF grant to civil service commission.................. 150,000
SAF grant to department of technology, management, and
budget............................................... 40,100
SAF grant to department of treasury.................... 74,500
SAF grant to legislative auditor general............... 19,600
CTF grant to department of attorney general............ 177,200
CTF grant to civil service commission.................. 200,000
CTF grant to department of technology, management, and
budget............................................... 44,000
CTF grant to department of treasury.................... 7,600
CTF grant to legislative auditor general............... 25,200
GROSS APPROPRIATION.................................... $ 51,748,900
Appropriated from:
Special revenue funds:
Comprehensive transportation fund...................... 454,000
Michigan transportation fund........................... 29,749,200
State aeronautics fund................................. 450,100
State trunkline fund................................... 21,095,600
State general fund/general purpose..................... $ 0
Sec. 104. EXECUTIVE DIRECTION
Full-time equated unclassified positions.......... 6.0
Full-time equated classified positions........... 31.3
Unclassified salaries.................................. $ 602,800
Asset management council............................... 1,626,400
Commission audit--31.3 FTE positions................... 2,971,800
GROSS APPROPRIATION.................................... $ 5,201,000
Appropriated from:
Special revenue funds:
Michigan transportation fund........................... 1,626,400
State trunkline fund................................... 3,574,600
State general fund/general purpose..................... $ 0
Sec. 105. BUSINESS SUPPORT
Full-time equated classified positions........... 58.0
Business support services--49.0 FTE positions.......... $ 6,215,900
Economic development and enhancement programs--9.0 FTE
positions............................................ 1,219,800
Property management.................................... 7,915,000
Worker's compensation.................................. 1,760,600
GROSS APPROPRIATION.................................... $ 17,111,300
Appropriated from:
Special revenue funds:
Comprehensive transportation fund...................... 1,590,300
Economic development fund.............................. 381,000
Michigan transportation fund........................... 213,700
State aeronautics fund................................. 603,900
State trunkline fund................................... 14,322,400
State general fund/general purpose..................... $ 0
Sec. 106. INFORMATION TECHNOLOGY
Information technology services and projects........... $ 28,335,000
GROSS APPROPRIATION.................................... $ 28,335,000
Appropriated from:
Federal revenues:
DOT-FHWA, highway research, planning, and construction. 520,500
Special revenue funds:
Blue Water Bridge fund................................. 48,400
Comprehensive transportation fund...................... 195,900
Economic development fund.............................. 37,200
Michigan transportation fund........................... 258,800
State aeronautics fund................................. 152,900
State trunkline fund................................... 27,121,300
State general fund/general purpose..................... $ 0
Sec. 107. FINANCE, CONTRACTS, AND SUPPORT SERVICES
Full-time equated classified positions.......... 277.5
Financial operations--114.0 FTE positions.............. $ 10,874,500
Contract services--53.6 FTE positions.................. 4,853,600
Department services--41.9 FTE positions................ 5,098,500
Performance excellence--13.0 FTE positions............. 1,427,400
Welcome center operations--55.0 FTE positions.......... 3,959,400
GROSS APPROPRIATION.................................... $ 26,213,400
Appropriated from:
Interdepartmental grant revenues:
IDG for accounting service center user charges......... 3,451,500
Special revenue funds:
Michigan transportation fund........................... 1,976,900
State trunkline fund................................... 20,785,000
State general fund/general purpose..................... $ 0
Sec. 108. TRANSPORTATION PLANNING
Full-time equated classified positions.......... 176.0
Statewide planning services--124.0 FTE positions....... $ 14,533,700
Data collection services--52.0 FTE positions........... 6,887,700
Specialized planning services and local studies........ 16,504,800
Grants to regional planning councils................... 488,800
GROSS APPROPRIATION.................................... $ 38,415,000
Appropriated from:
Federal revenues:
DOT-FHWA, highway research, planning, and construction. 22,000,000
Special revenue funds:
Comprehensive transportation fund...................... 960,300
Michigan transportation fund........................... 6,304,500
State aeronautics fund................................. 15,000
State trunkline fund................................... 9,135,200
State general fund/general purpose..................... $ 0
Sec. 109. DESIGN AND ENGINEERING SERVICES
Full-time equated classified positions........ 1,491.8
Engineering services--799.1 FTE positions.............. $ 66,623,300
Program services--680.7 FTE positions.................. 39,482,700
Intelligent transportation systems operations--12.0
FTE positions........................................ 10,579,200
GROSS APPROPRIATION.................................... $ 116,685,200
Appropriated from:
Federal revenues:
DOT-FHWA, highway research, planning, and construction. 23,529,800
Special revenue funds:
Michigan transportation fund........................... 6,828,400
State trunkline fund................................... 86,327,000
State general fund/general purpose..................... $ 0
Sec. 110. HIGHWAY MAINTENANCE
Full-time equated classified positions.......... 837.7
State trunkline operations--837.7 FTE positions........ $ 267,017,700
GROSS APPROPRIATION.................................... $ 267,017,700
Appropriated from:
Special revenue funds:
State trunkline fund................................... 267,017,700
State general fund/general purpose..................... $ 0
Sec. 111. ROAD AND BRIDGE PROGRAMS
State trunkline federal aid and road and bridge
construction......................................... $ 842,310,000
Local federal aid and road and bridge construction..... 240,443,000
Grants to local programs............................... 33,000,000
Rail grade crossing.................................... 3,000,000
Local bridge program................................... 27,252,500
County road commissions................................ 570,598,400
Cities and villages.................................... 318,134,200
GROSS APPROPRIATION.................................... $ 2,034,738,100
Appropriated from:
Federal revenues:
DOT-FHWA, highway research, planning, and construction. 982,535,000
Special revenue funds:
Local funds............................................ 30,000,000
Blue Water Bridge fund................................. 7,107,300
Local bridge fund...................................... 27,252,500
Michigan transportation fund........................... 924,732,600
State trunkline fund................................... 63,110,700
State general fund/general purpose..................... $ 0
Sec. 112. BLUE WATER BRIDGE
Full-time equated classified positions........... 41.0
Blue Water Bridge operations--41.0 FTE positions....... $ 5,710,000
GROSS APPROPRIATION.................................... $ 5,710,000
Appropriated from:
Special revenue funds:
Blue Water Bridge fund................................. 5,710,000
State general fund/general purpose..................... $ 0
Sec. 113. TRANSPORTATION ECONOMIC DEVELOPMENT
Forest roads........................................... $ 5,000,000
Rural county urban system.............................. 2,500,000
Target industries/economic redevelopment............... 8,113,200
Urban county congestion................................ 8,306,500
Rural county primary................................... 8,306,500
GROSS APPROPRIATION.................................... $ 32,226,200
Appropriated from:
Special revenue funds:
Economic development fund.............................. 32,226,200
State general fund/general purpose..................... $ 0
Sec. 114. AERONAUTICS AND FREIGHT SERVICES
Full-time equated classified positions........... 84.0
Airport improvement services--30.0 FTE positions....... $ 3,021,900
Aviation services--26.0 FTE positions.................. 4,193,900
Freight and safety services--28.0 FTE positions........ 3,853,900
Air service program.................................... 100,000
GROSS APPROPRIATION.................................... $ 11,169,700
Appropriated from:
Special revenue funds:
Comprehensive transportation fund...................... 1,667,400
Michigan transportation fund........................... 2,186,500
State aeronautics fund................................. 7,315,800
State general fund/general purpose..................... $ 0
Sec. 115. PUBLIC TRANSPORTATION SERVICES
Full-time equated classified positions........... 46.0
Passenger transportation services--46.0 FTE positions.. $ 6,093,400
GROSS APPROPRIATION.................................... $ 6,093,400
Appropriated from:
Federal revenues:
DOT, federal transit administration.................... 862,100
Special revenue funds:
Comprehensive transportation fund...................... 5,005,000
Michigan transportation fund........................... 226,300
State general fund/general purpose..................... $ 0
Sec. 116. BUS TRANSIT DIVISION: STATUTORY OPERATING
Local bus operating.................................... $ 166,624,000
Nonurban operating/capital............................. 22,787,900
GROSS APPROPRIATION.................................... $ 189,411,900
Appropriated from:
Federal revenues:
DOT, federal transit administration.................... 21,987,900
Special revenue funds:
Comprehensive transportation fund...................... 166,624,000
Local funds............................................ 800,000
State general fund/general purpose..................... $ 0
Sec. 117. INTERCITY PASSENGER AND FREIGHT
Freight property management............................ $ 1,000,000
Detroit/Wayne County port authority.................... 468,200
Intercity services..................................... 6,100,000
Rail passenger service................................. 11,667,000
Freight preservation and development................... 5,100,000
Marine passenger service............................... 400,000
Terminal development................................... 461,000
GROSS APPROPRIATION.................................... $ 25,196,200
Appropriated from:
Federal revenues:
DOT, federal transit administration.................... 4,500,000
DOT-FRA, local rail service assistance................. 100,000
DOT-FRA, rail passenger/HSGT........................... 3,000,000
Special revenue funds:
Local funds............................................ 50,000
Comprehensive transportation fund...................... 15,346,200
Intercity bus equipment fund........................... 200,000
Rail freight fund...................................... 2,000,000
State general fund/general purpose..................... $ 0
Sec. 118. PUBLIC TRANSPORTATION DEVELOPMENT
Specialized services................................... $ 8,913,800
Municipal credit program............................... 2,000,000
Transit capital........................................ 50,048,400
Van pooling............................................ 195,000
Service initiatives.................................... 1,415,000
Transportation to work................................. 9,700,000
GROSS APPROPRIATION.................................... $ 72,272,200
Appropriated from:
Federal revenues:
DOT, federal transit administration.................... 34,635,000
Special revenue funds:
Local funds............................................ 9,985,000
Comprehensive transportation fund...................... 27,652,200
State general fund/general purpose..................... $ 0
Sec. 119. CAPITAL OUTLAY
(1) BUILDINGS AND FACILITIES
Special maintenance, remodeling, and additions......... $ 3,001,500
GROSS APPROPRIATION.................................... 3,001,500
Appropriated from:
State trunkline fund................................... 3,001,500
State general fund/general purpose..................... $ 0
(2) AIRPORT IMPROVEMENT PROGRAMS
Airport safety, protection, and improvement program.... $ 109,750,600
GROSS APPROPRIATION.................................... 109,750,600
Appropriated from:
Federal revenues:
DOT, federal aviation administration................... 94,090,600
Special revenue funds:
Local funds............................................ 13,133,500
State aeronautics fund................................. 2,526,500
State general fund/general purpose..................... $ 0
PART 2
PROVISIONS CONCERNING APPROPRIATIONS
FOR FISCAL YEAR 2011-2012
GENERAL SECTIONS
Sec. 201. Pursuant to section 30 of article IX of the state
constitution of 1963, total state spending from state resources
under part 1 for fiscal year 2011-2012 is $2,029,155,500.00 and
state spending from state resources to be paid to local units of
government for fiscal year 2011-2012 is $1,182,737,000.00. The
itemized statement below identifies appropriations from which
spending to units of local government will occur:
DEPARTMENT OF TRANSPORTATION
Grants to regional planning councils................... $ 488,800
Grants to local programs............................... 33,000,000
Rail grade crossing.................................... 3,000,000
Local bridge program................................... 27,252,500
Grants to county road commissions...................... 570,598,400
Grants to cities and villages.......................... 318,134,200
Economic development fund.............................. 32,226,200
Air service program.................................... 100,000
Local bus operating.................................... 166,624,000
Detroit/Wayne County port authority.................... 468,200
Marine passenger service............................... 400,000
Terminal development................................... 461,000
Specialized services................................... 3,943,800
Municipal credit program............................... 2,000,000
Transit capital........................................ 16,748,400
Service initiatives.................................... 65,000
Transportation to work................................. 4,700,000
Airport safety, protection, and improvement
program............................................... 2,526,500
Total payments to local units of government............ $ 1,182,737,000
Sec. 202. The appropriations authorized under this act are
subject to the management and budget act, 1984 PA 431, MCL 18.1101
to 18.1594.
Sec. 203. As used in this act:
(a) "AASHTO" means the American association of state highway
and transportation officials.
(b) "ASTM" means the American society for testing and
materials.
(c) "CTF" means comprehensive transportation fund.
(d) "Department" means the department of transportation.
(e) "DOT" means the United States department of
transportation.
(f) "DOT-FHWA" means DOT, federal highway administration.
(g) "DOT-FRA" means DOT, federal railroad administration.
(h) "DOT-FRA, rail passenger/HSGT" means DOT, federal railroad
administration, high-speed ground transportation.
(i) "EDF" means economic development fund.
(j) "FTE" means full-time equated.
(k) "IRS" means the internal revenue service.
(l) "MTF" means Michigan transportation fund.
(m) "RIF" means recreation improvement fund.
(n) "SAF" means state aeronautics fund.
(o) "STF" means state trunkline fund.
Sec. 204. The civil service commission shall bill the
departments and agencies at the end of the first fiscal quarter for
the 1% charge authorized by section 5 of article XI of the state
constitution of 1963. Payments shall be made for the total amount
of the billing by the end of the second fiscal quarter.
Sec. 206. (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 this act 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 this act 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 this act
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 this act
pursuant to section 393(2) of the management and budget act, 1984
PA 431, MCL 18.1393.
Sec. 207. (1) The department shall 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.
(2) The department may develop and operate its own website to
provide this information or may reference the state's central
transparency website as the source for this information.
Sec. 208. Unless otherwise specified, the department shall use
the Internet to fulfill the reporting requirements of this act.
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. 209. 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. 211. Amounts appropriated in part 1 for information
technology may be designated as work projects and carried forward
to support technology projects under the direction of the
department of technology, management, and budget. Funds designated
in this manner are not available for expenditure until approved as
work projects under section 451a of the management and budget act,
1984 PA 431, MCL 18.1451a.
Sec. 212. The department and agencies receiving appropriations
in part 1 shall receive and retain copies of all reports funded
from appropriations in part 1. Federal and state guidelines for
short-term and long-term retention of records shall be followed.
The department may electronically retain copies of reports unless
otherwise required by federal and state guidelines.
Sec. 214. From the funds appropriated in part 1 for
information technology, the department shall pay user fees to the
department of technology, management, and budget for technology-
related services and projects. The user fees shall be subject to
provisions of an interagency agreement between the department and
the department of technology, management, and budget.
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.
Sec. 216. When beginning any effort to privatize, the
department shall submit a complete project plan to the house of
representatives and senate appropriations subcommittees on
transportation, the state budget office, and the house and senate
fiscal agencies. The plan shall include the rationale for
privatization, including a cost-benefit analysis if appropriate.
The evaluation shall be completed and submitted to the appropriate
senate and house of representatives appropriations subcommittees
and the senate and house fiscal agencies. As used in this section,
"privatize" or "privatization" means the transfer of state highway
maintenance or activities currently performed by department forces,
or by boards of county road commissioners, county boards of
commissioners, or local units of government under contract with the
department, to private contractors.
Sec. 228. Not later than November 15, the department shall
prepare and transmit a report that provides for estimates of the
total general fund/general purpose appropriation lapses at the
close of the 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 office of the state budget, the chairpersons of
the senate and house of representatives standing committees on
appropriations, and the senate and house fiscal agencies.
Sec. 229. Within 14 days after the release of the executive
budget recommendation, the department shall provide the state
budget director, the senate and house appropriations chairs, the
senate and house appropriations subcommittees on transportation,
respectively, 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, 2011 and
September 30, 2012.
Sec. 260. (1) Due to the current budgetary problems in this
state, out-of-state travel shall be limited to situations in which
1 or more of the following conditions apply:
(a) The travel is required by legal mandate or court order or
for law enforcement purposes.
(b) The travel is necessary to protect the health or safety of
Michigan citizens or visitors or to assist other states in similar
circumstances.
(c) The travel is necessary to produce budgetary savings or to
increase state revenues, including protecting existing federal
funds or securing additional federal funds.
(d) The travel is necessary to comply with federal
requirements.
(e) The travel is necessary to secure specialized training for
staff that is not available within this state.
(f) The travel is financed entirely by federal or nonstate
funds.
(2) If out-of-state travel is necessary but does not meet 1 or
more of the conditions in subsection (1), the state budget director
may grant an exception to allow the travel. Any exceptions granted
by the state budget director shall be reported on a monthly basis
to the house and senate appropriations committees.
(3) Not later than January 1 of each year, each department
shall prepare a travel report listing 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 chairs and members of the house and senate
appropriations committees, the fiscal agencies, and the state
budget director. The report shall include the following
information:
(a) The name of each person receiving reimbursement for travel
outside this state or whose travel costs were paid by this state.
(b) The destination of each travel occurrence.
(c) The dates of each travel occurrence.
(d) A brief statement of the reason for each travel
occurrence.
(e) 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.
(f) A total of all out-of-state travel funded for the
immediately preceding fiscal year.
Sec. 262. 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. 263. (1) The department shall report no later than April
1, 2012 on each specific policy change made to implement a public
act affecting the department that took effect during the prior
calendar year to the house and senate appropriations subcommittees
on the budget for the department, the joint committee on
administrative rules, and the senate and house fiscal agencies.
(2) Funds appropriated in part 1 shall not be used by the
department to adopt a rule that will apply to a small business and
that will have a disproportionate economic impact on small
businesses because of the size of those businesses if the
department fails to reduce the disproportionate economic impact of
the rule on small businesses as provided under section 40 of the
administrative procedures act of 1969, 1969 PA 306, MCL 24.240.
(3) As used in this section:
(a) "Rule" means that term as defined under section 7 of the
administrative procedures act of 1969, 1969 PA 306, MCL 24.207.
(b) "Small business" means that term as defined under section
7a of the administrative procedures act of 1969, 1969 PA 306, MCL
24.207a.
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
DEPARTMENTAL SECTIONS
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.
Sec. 303. On request, the department shall provide to a
legislator, in writing, a report on the amount of money to be
received by each city and village and the county road commission of
each county, that is included in whole or in part within the
legislator's legislative district.
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. The department shall 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.
Sec. 306. (1) The amounts appropriated in section 103 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 by the auditor general as provided
in subsection (3).
(3) In addition to the requirements of subsection (2), the
state treasurer shall develop a cost allocation plan to identify
the actual costs of work based on time and effort performed by the
department of treasury for state-restricted transportation funds.
The cost allocation plan shall specifically identify the costs of
collecting constitutionally restricted motor fuel taxes. The cost
allocation plan shall be submitted to the senate and house of
representatives standing committees on appropriations subcommittees
on general government, the senate and house fiscal agencies, the
auditor general, and the state budget director by November 1. The
cost allocation plan shall be subject to audit by the auditor
general.
(4) Biennially, in each even-numbered fiscal year, the auditor
general shall conduct an audit of charges to transportation funds
by state departments for the 2 preceding fiscal years. The audit
shall include both charges governed by interdepartmental contracts
as well as miscellaneous charges from other state departments not
governed by contracts. The auditor general shall prepare a detailed
report, with recommendations and conclusions, including a summary
of charges and related services to transportation funds by
department, the appropriateness of those charges, the cost
allocation methodologies used in determining the level of funding,
and any unreimbursed transportation-related costs, if any. The
report shall be provided to the senate and house of representatives
committees on appropriations, the senate and house fiscal agencies,
and the state budget director 9 months after publication of the
state of Michigan comprehensive annual financial report.
Sec. 307. Before March 1 of each year, the department will
provide to the legislature, the state budget office, 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. (1) The department and local road agencies that
receive appropriations under this act shall pursue compliance with
contract specifications for construction and maintenance of state
highways and local roads and streets. Work shall not be accepted
and paid for until it complies with contract requirements.
Contractors with unsatisfactory performance ratings shall be
restricted from future bidding through the prequalification process
established by the department or a local road agency. The
department, county road commissions, and cities and villages shall
report to the house of representatives and senate appropriations
subcommittees on transportation, the senate and house fiscal
agencies, and the state budget director on their respective
activities under this section.
(2) A contractor's prequalification rating shall not be
reduced or restricted until all administrative appeals have been
completed. The department can take immediate action regarding a
contractor's prequalification rating for public safety reasons or
to prevent fraud and malfeasance of public funds.
Sec. 309. The department shall continue its efforts to reduce
administrative costs and provide the maximum funding possible for
construction projects.
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. 312. 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. 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.
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. 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. 354. On or before March 1, 2012, the department shall
solicit and evaluate proposals for services related to the audit of
vendor and contract payments and the recovery of overpayments and
duplicate payments. The department shall report to the house and
senate committees on appropriations and the house and senate fiscal
agencies on the results of the proposal solicitation and results of
the subsequent payment audits.
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. 382. The department and the state budget office shall
provide for an independent study of the state government needs for
a state aircraft fleet. The department and the state budget office
shall review the findings of that study and the costs associated
with the current fleet or other arrangements for air travel. The
department and the state budget office shall report the findings to
the legislature no later than March 30, 2012, and shall consider
those findings in any decision to sell airplanes.
Sec. 383. (1) The department shall prepare an annual report on
all travel by executive branch employees, and others including
local public officials, university employees, and other public
employees on department-owned aircraft. The report shall include,
by department, the name of the traveler, the travel origination
location, the travel destination location, type of aircraft, and
the 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 July 1.
(3) 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 employees on
related official state business.
(4) The department shall maintain a system for recovering the
cost of operating department-owned aircraft through charges to
aircraft users.
Sec. 384. (1) The department shall not expend any state
transportation revenue for construction planning or construction of
the Detroit River International Crossing or a renamed successor. In
addition, except as provided in subsection (3), the department
shall not commit the state to any new contract related to the
construction planning or construction of the Detroit River
International Crossing or a renamed successor unless the
legislature has enacted specific enabling legislation to allow for
the construction of the Detroit River International Crossing or a
renamed successor.
(2) On or before March 31, 2012, the department shall report
to the state budget director, the house and senate appropriations
subcommittees on transportation, and the house and senate fiscal
agencies on department activities related to the Detroit River
International Crossing or a renamed successor.
3) If the legislature enacts specific enabling legislation for
the construction of the Detroit River International Crossing or a
renamed successor, subsection (1) does not apply once the enabling
legislation goes into effect.
Sec. 385. (1) The department shall use all available toll
credits, as provided by private toll facilities in this state and
certified by the federal highway administration, to match available
federal aid highway funds.
(2) The department shall not use toll credits generated by a
private tolled bridge crossing to finance, design, plan, construct,
operate, or maintain any international bridge crossing within 5
miles of that privately tolled bridge.
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 mid-life 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 human services and the department of community
health. 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. 398. For the fiscal year ending September 30, 2012, the
appropriation to a street railway pursuant to section 10e(22) of
1951 PA 51, MCL 247.660e, is $0.
FEDERAL
Sec. 401. Within 30 days of receiving the applicable fiscal
year authorization from the federal government to commit
transportation funds, the department shall notify local agency
representatives, the senate and house of representatives
appropriations transportation subcommittees, the senate and house
fiscal agencies, and the state budget director regarding the amount
of federal aid for categorical allocations to state and local
agency programs not specifically allocated in either federal or
state law.
Sec. 402. A portion of the federal DOT-FHWA highway research,
planning, and construction funds made available to the 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.
MICHIGAN TRANSPORTATION FUND
Sec. 501. The money received under the motor carrier act, 1933
PA 254, MCL 475.1 to 479.43, and not appropriated to the department
of energy, labor, and economic growth 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 (MTF)
shall be distributed to the comprehensive transportation fund
(CTF), the economic development fund (EDF), the recreation
improvement fund (RIF), and the state trunkline fund (STF), in
accordance with this act 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 act, 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 work with the road construction
industry and engineering consulting community to develop
performance and road construction warranties for construction
contracts. The development of warranties shall include warranties
on materials, workmanship, performance criteria, and design/build
projects. The department will report by September 30 of each
calendar year to the house of representatives and senate
appropriations subcommittees on transportation, the state budget
director, and the house and senate fiscal agencies on the status of
efforts to develop performance and road construction warranties.
Sec. 602. If the department uses manufactured pipe for road
construction drainage, the department shall require that pipe used
under certain load-bearing conditions beneath the roadway meets the
standards established by the American society for testing and
materials (ASTM) or American association of state highway and
transportation officials (AASHTO). The department may also use the
mandrel test for manufactured pipe 60 days after installation and
provide a summary of the results of these inspections to the house
of representatives and senate appropriations subcommittees on
transportation and house and senate fiscal agencies.
Sec. 603. The department shall use traffic congestion as 1 of
the criteria in determining the priorities for designating which
roads shall be remediated in its 5-year road plan, which must be
submitted on or before March 1 of each year. Criteria for
evaluating traffic congestion shall include, but not be limited to,
coordination with local, county, and regional planning, improvement
in traffic operations, improvement in physical roadway conditions,
accident reduction, and coordination with area public
transportation planning.
Sec. 610. It is the intent of the legislature that the
department 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, 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,
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. 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 evaluate the use of a bituminous mix
which incorporates crumb rubber from scrap tires.
Sec. 664. It is the intent of the legislature that if actual
state-restricted revenue deposited to the Michigan transportation
fund exceeds the revenue estimates upon which the appropriations in
part 1 of this act were based, the department shall give priority
to reinstating delayed and deferred projects.
COMPREHENSIVE TRANSPORTATION FUND
Sec. 701. Money that is received by the state as a lease
payment for state-owned intercity bus equipment is not money to be
deposited in the comprehensive transportation fund under section
10b of 1951 PA 51, MCL 247.660b, but is money that is deposited in
an intercity bus equipment fund for appropriation for the purchase
and repair of intercity bus equipment. Proceeds received by the
state from the sale of intercity bus equipment are deposited in an
intercity bus equipment fund for appropriation for the purchase and
repair of intercity bus equipment. Security deposits from the lease
of state-owned intercity bus equipment not returned to the lessee
of the equipment under terms of the lease agreement are deposited
in an intercity bus equipment fund for appropriation for the repair
of intercity bus equipment. At the close of the fiscal year, any
funds remaining in the intercity bus equipment fund shall remain in
the fund and be carried forward into the succeeding fiscal year.
Sec. 702. Money that is received by the 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
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. 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 February 15
of each fiscal year for the prior fiscal year.
Sec. 708. If funds appropriated in part 1 are used to provide
state-owned or state-leased buses to private intercity bus
carriers, the department shall charge not less than $1,000.00 per
bus per year for their use.
Sec. 711. (1) From the funds appropriated in part 1 from the
comprehensive transportation fund for rail passenger service, the
department shall negotiate with a rail carrier to provide rail
service between Grand Rapids and Chicago and between Port Huron and
Chicago, consistent with the other provisions of this section.
(2) The rail carrier shall, as a condition to receiving a
state operating subsidy, maintain a system to monitor, collect, and
resolve customer complaints and shall make the information
available to the department, the house and senate appropriations
subcommittees on transportation, and the house and senate fiscal
agencies.
(3) Future state support for the service between Grand Rapids
and Chicago and Port Huron and Chicago is dependent on the
department's ability to provide a plan and a contract for services
that increase ridership and revenue, reduce operating costs, and
improve on-time performance.
(4) No state subsidy shall be provided from the funds
appropriated in part 1 if the chosen rail carrier is Amtrak and
Amtrak discontinued service or any portion of the service between
Port Huron and Chicago or Grand Rapids and Chicago during the
preceding fiscal year, unless the discontinuance of service was for
track maintenance or was caused by acts of God.
(5) For rail passenger service supported in any part through
capital or operating assistance from funds appropriated in this
act, the department shall work with the rail carrier to identify
ways in which reasonable transport of bicycles by passengers can be
accommodated.
(6) The department shall report to the house and senate
appropriations subcommittees on transportation, and the house and
senate fiscal agencies, not later than July 1, 2012, on the status
of capital grants related to rail passenger service in Michigan.
The report shall identify, and describe the status of, capital
improvement projects related to higher train speeds, reduced travel
time, station renovations, and other service improvements. The
report shall also identify actual or anticipated costs of these
projects, funding sources, and anticipated costs and funding
sources required to maintain the improvements.
Sec. 714. The department, in cooperation with local transit
agencies, shall work to ensure that demand-response services are
provided throughout Michigan. The department shall continue to work
with local units of government to address the unmet transit needs
in Michigan.
Sec. 731. The department shall charge public transit agencies
and intercity bus carriers equal rates per square foot for leasing
space in state-owned intermodal facilities.
Sec. 734. (1) The department shall ensure that all public
transit agencies provide the highest quality public transit service
by moving people in a cost-effective, safe, and user-friendly
manner that maintains and attracts residents and businesses.
(2) Public transit agencies receiving funds under part 1 shall
do all of the following:
(a) Provide efficient, cost-effective, safe, well-maintained,
reliable, customer-driven transportation services.
(b) Provide a quality work environment that has and fulfills
employee performance, productivity, and development standards.
(c) Identify and capture all available funding or create cost-
effective programs to eliminate debt and have a balanced budget.
(d) Maintain sufficient local and community funding.
(e) Support business development by providing transportation
to areas of employment and commerce, emerging or established
businesses, and health care facilities.
Sec. 740. The department shall report by March 1 of each year
to the house of representatives and senate appropriations
subcommittees on transportation, the house and senate fiscal
agencies, and the state budget director the encumbered and
unencumbered balances of the comprehensive transportation fund.
AERONAUTICS FUND
Sec. 801. Except as otherwise provided in section 903 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.
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 2.5% of the cost of any project under this section, unless a
total nonfederal share greater than 5% 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 act 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. 902. Before the end of each fiscal year, the state
transportation department shall report to the house and senate
appropriations subcommittees on transportation the status of
airport improvement projects funded in part 1 with the estimated
dollars allocated for each project. If there has to be a delay in
reporting, the state transportation department shall notify the
house and senate appropriations subcommittees on transportation in
writing of the date the report will be received.
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.
Sec. 904. (1) The director shall allocate lump-sum
appropriations made in this act consistent with statutory
provisions and the purposes for which funds were appropriated.
Lump-sum allocations shall address priority program or facility
needs and may include, but are not limited to, design,
construction, remodeling and addition, special maintenance, major
special maintenance, energy conservation, and demolition.
(2) The state budget director may authorize that funds
appropriated for lump-sum appropriations and designated as work
project appropriations shall be available for no more than 3 fiscal
years following the fiscal year in which the original appropriation
was made. Any remaining balance from allocations made in this
section shall lapse to the fund from which it was appropriated
pursuant to the lapsing of funds as provided in the management and
budget act, 1984 PA 431, MCL 18.1101 to 18.1594.
ONE-TIME BASIS ONLY
Sec. 1001. For the state fiscal year ending September 30,
2012, there is appropriated from general fund/general purpose
revenue, on a 1-time basis only, $500,000.00 for the following
purpose:
Maintenance of 2 swing bridges......................... $ 500,000
PART 2A
PROVISIONS CONCERNING ANTICIPATED APPROPRIATIONS
FOR FISCAL YEAR 2012-2013
GENERAL SECTIONS
Sec. 1201. It is the intent of the legislature to provide
appropriations for the fiscal year ending on September 30, 2013 for
the line items listed in part 1. The fiscal year 2012-2013
appropriations are anticipated to be the same as those for fiscal
year 2011-2012, except that the line items will be adjusted for
changes in caseload and related costs, federal fund match rates,
economic factors, and available revenue. These adjustments will be
determined after the January 2012 consensus revenue estimating
conference.