June 14, 2012, Introduced by Rep. Heise 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 10c (MCL 247.660c), as amended by 2010 PA 257,


and by adding section 10q.




     Sec. 10c. As used in this act:


     (a) "Urban or rural area" means a contiguous developed area,


including the immediate surrounding area, where transportation


services should reasonably be provided presently or in the future;


the area within the jurisdiction of an eligible authority; or for


the purpose of receiving funds for public transportation, a


contiguous developed area having a population of less than 50,000


that has an urban public transportation program approved by the


state transportation department and for which the state


transportation commission determines that public transportation


services should reasonably be provided presently or in the future.


     (b) "Eligible authority" means an authority organized under


the metropolitan transportation authorities act of 1967, 1967 PA


204, MCL 124.401 to 124.426.


     (c) "Eligible governmental agency" means a county, city, or


village or an authority created under 1963 PA 55, MCL 124.351 to


124.359; the urban cooperation act of 1967, 1967 (Ex Sess) PA 7,


MCL 124.501 to 124.512; 1967 (Ex Sess) PA 8, MCL 124.531 to


124.536; 1951 PA 35, MCL 124.1 to 124.13; the public transportation


authority act, 1986 PA 196, MCL 124.451 to 124.479; or the revenue


bond act of 1933, 1933 PA 94, MCL 141.101 to 141.140.


     (d) "Transit vehicle" means a bus, rapid transit vehicle,


railroad car, street railway car, water vehicle, taxicab, or other


type of public transportation vehicle or individual unit, whether


operated singly or in a group which that provides public




     (e) "Transit vehicle mile" means a transit vehicle operated


for 1 mile in public transportation service including demand


actuated and line-haul vehicle miles.


     (f) "Demand actuated vehicle" means a bus or smaller transit


vehicle operated for providing group rides to members of the


general public paying fares individually, and on demand rather than


in regularly scheduled route service.


     (g) "Demand actuated vehicle mile" means a demand actuated


vehicle operated for 1 mile in service to the general public.


     (h) "Public transportation", "comprehensive transportation",


"public transportation service", "comprehensive transportation


service", "public transportation purpose", or "comprehensive


transportation purpose" means the movement of people and goods by


publicly or privately owned water vehicle, bus, railroad car,


street railway, aircraft, rapid transit vehicle, taxicab, or other


conveyance which that provides general or special service to the


public, but not including charter or sightseeing service or


transportation which is exclusively for school purposes. Public


transportation, public transportation services, or public


transportation purposes; and comprehensive transportation,


comprehensive transportation services, or comprehensive


transportation purposes as defined in this subdivision are declared


by law to be transportation purposes within the meaning of section


9 of article IX of the state constitution of 1963.


     (i) "State transportation commission" means the state


transportation commission established in section 28 of article V of


the state constitution of 1963.


     (j) "Governmental unit" means the state transportation


department, the state transportation commission, a county road


commission, a city, or a village.


     (k) "Department" or "department of transportation" means the


state transportation department, the principal department of state


government created under section 350 of the executive organization


act of 1965, 1965 PA 380, MCL 16.450.


     (l) "Preservation" means an activity undertaken to preserve the


integrity of the existing roadway system. Preservation does not


include new construction of highways, roads, streets, or bridges, a


project that increases the capacity of a highway facility to


accommodate that part of traffic having neither an origin nor


destination within the local area, widening of a lane width or


more, or adding turn lanes of more than 1/2 mile in length.


Preservation includes, but is not limited to, 1 or more of the




     (i) Maintenance.


     (ii) Capital preventive treatments.


     (iii) Safety projects.


     (iv) Reconstruction.


     (v) Resurfacing.


     (vi) Restoration.


     (vii) Rehabilitation.


     (viii) Widening of less than the width of 1 lane.


     (ix) Adding auxiliary weaving, climbing, or speed change lanes.


     (x) Modernizing intersections.


     (xi) Adding auxiliary turning lanes of 1/2 mile or less.


     (xii) Installing traffic signs in new locations, installing


signal devices in new locations, and replacing existing signal




     (m) "Maintenance" means routine maintenance or preventive


maintenance, or both. Maintenance does not include capital


preventive treatments, resurfacing, reconstruction, restoration,


rehabilitation, safety projects, widening of less than 1 lane


width, adding auxiliary turn lanes of 1/2 mile or less, adding


auxiliary weaving, climbing, or speed-change lanes, modernizing


intersections, or the upgrading of aggregate surface roads to hard


surface roads. Maintenance of state trunk line highways does not


include streetlighting except for freeway lighting for traffic


safety purposes.


     (n) "Routine maintenance" means actions performed on a regular


or controllable basis or in response to uncontrollable events upon


a highway, road, street, or bridge. Routine maintenance includes,


but is not limited to, 1 or more of the following:


     (i) Snow and ice removal.


     (ii) Pothole patching.


     (iii) Unplugging drain facilities.


     (iv) Replacing damaged sign and pavement markings.


     (v) Replacing damaged guardrails.


     (vi) Repairing storm damage.


     (vii) Repair or operation of traffic signs and signal systems.


     (viii) Emergency environmental cleanup.


     (ix) Emergency repairs.


     (x) Emergency management of road closures that result from


uncontrollable events.


     (xi) Cleaning streets and associated drainage.


     (xii) Mowing roadside.


     (xiii) Control of roadside brush and vegetation.


     (xiv) Cleaning roadside.


     (xv) Repairing lighting.


     (xvi) Grading.


     (o) "Preventive maintenance" means a planned strategy of cost-


effective treatments to an existing roadway system and its


appurtenances that preserve assets by retarding deterioration and


maintaining functional condition without significantly increasing


structural capacity. Preventive maintenance includes, but is not


limited to, 1 or more of the following:


     (i) Pavement crack sealing.


     (ii) Micro surfacing.


     (iii) Chip sealing.


     (iv) Concrete joint resealing.


     (v) Concrete joint repair.


     (vi) Filling shallow pavement cracks.


     (vii) Patching concrete.


     (viii) Shoulder resurfacing.


     (ix) Concrete diamond grinding.


     (x) Dowel bar retrofit.


     (xi) Bituminous overlays of 1-1/2 inches or less in thickness.


     (xii) Restoration of drainage.


     (xiii) Bridge crack sealing.


     (xiv) Bridge joint repair.


     (xv) Bridge seismic retrofit.


     (xvi) Bridge scour countermeasures.


     (xvii) Bridge painting.


     (xviii) Pollution prevention.


     (xix) New treatments as they may be developed.


     (p) "County road commission" means the board of county road


commissioners elected or appointed pursuant to section 6 of chapter


IV of 1909 PA 283, MCL 224.6, or, in the case of a charter county


with a population of 750,000 or more with an elected county


executive that does not have a board of county road commissioners,


the county executive for ministerial functions and the county


commission provided for in section 14(1)(d) of 1966 PA 293, MCL


45.514, for legislative functions.


     (q) "Capital preventive treatments" means any preventive


maintenance category project on state trunk line highways that


qualifies under the department's capital preventive maintenance




     (r) "Local authority" means an entity that elects to receive


money under section 10q and that consists of 2 or more townships


within a county that have entered into either of the following:


     (i) A joint endeavor under the municipal partnership act, 2011


PA 258, MCL 124.111 to 124.123.


     (ii) An interlocal agreement under the urban cooperation act of


1967, 1967 (Ex Sess) PA 7, MCL 124.501 to 124.512.


     Sec. 10q. (1) A local authority may receive money under this


act in the same manner and for the same purposes as a county road


commission receives money under sections 12 to 12b.


     (2) A local authority that receives money under subsection (1)


shall be treated as a county road commission for purposes of


receiving distributions under sections 12 to 12b.


     (3) If 2 or more townships form a local authority and receive


money under subsection (1), the money distributed to that local


authority under sections 12 to 12b shall be subtracted from the


amount distributed to the county road commission of the county in


which the townships are located.