HOUSE BILL No. 5699

 

June 12, 2014, Introduced by Rep. Townsend and referred to the Committee on Transportation and Infrastructure.

 

     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,"

 

(MCL 247.651 to 247.675) by adding section 9d.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

     Sec. 9d. (1) Beginning on January 1, 2015, an allocation of

 

money appropriated for a transportation infrastructure project

 

shall be based on a plan submitted by a local road agency, a

 

regional transit authority, an eligible authority, or an eligible

 

governmental agency for its area of jurisdiction, the state

 

transportation improvement plan prepared by the department, and

 

other factors considered appropriate by the state transportation

 

commission or the department.

 

     (2) The state transportation advisory commission is created

 

within the department. The commission shall establish performance

 

measures for transportation infrastructure projects and establish a

 

methodology to measure funding decisions for transportation

 

infrastructure projects against the performance measures

 

established under this section. The commission shall include


 

representatives of all of the following:

 

     (a) The department.

 

     (b) Transportation planning organizations.

 

     (c) Local units of government.

 

     (d) Transportation advocacy groups.

 

     (e) Environmental organizations.

 

     (f) Organizations representing the interests of disabled

 

individuals.

 

     (g) Organizations representing the nonmotorized transportation

 

community.

 

     (h) Social equity organizations.

 

     (i) Other organizations as determined by the department.

 

     (3) In developing the performance measures required under

 

subsection (2), the state transportation advisory commission shall

 

consider the department's need to preserve existing assets and the

 

department's asset management process and use of life cycle costs.

 

     (4) No later than August 1, 2014, the state transportation

 

advisory commission shall prepare and provide to the state

 

transportation commission an initial report that includes, but is

 

not limited to, recommendations that do all of the following:

 

     (a) Establish and clearly identify the performance standards

 

developed under subsection (2).

 

     (b) Establish a protocol and a project impact analysis for how

 

the performance standards will be used to evaluate, measure, and

 

prioritize transportation infrastructure projects.

 

     (c) Establish a process to ensure that members of the state

 

transportation advisory commission and other interested persons


 

have qualitative input on the evaluation and prioritization of

 

transportation infrastructure projects.

 

     (5) The department shall report the recommendations of the

 

state transportation advisory commission required under subsection

 

(4) to the legislature no later than September 30, 2014. If the

 

state transportation advisory commission's recommendations are

 

approved by concurrent resolution passed by both houses of the

 

legislature, the department shall develop and utilize the scoring

 

process under subsection (6).

 

     (6) No later than October 1, 2014, the department shall

 

develop and utilize a rating system for scoring transportation

 

infrastructure projects that is based on the performance standards

 

established by the state transportation advisory commissioin under

 

subsection (4) and approved by the legislature under subsection

 

(6). The rating system developed and utilized by the department

 

under this subsection shall be systematic and data-driven and shall

 

be applied to all transportation infrastructure projects that are

 

not under construction at the time the rating system is developed

 

by the department. The department shall assign a score to each

 

proposed transportation infrastructure project. The department

 

shall provide that score to the commission for its consideration in

 

selecting transportation infrastructure projects for funding.

 

     (7) No later than September 30, 2014 and September 30 of each

 

year thereafter, the department shall include in its state

 

transportation improvement program an analysis and related

 

documentation detailing how the department applied the performance

 

measures provided for in this section in the development of the


 

state transportation improvement program and how the department

 

applied the performance measures to prioritization and funding

 

decisions. The documentation required under this subsection shall

 

include all of the following:

 

     (a) A list of the performance measures used by the department.

 

     (b) A description of how each performance measure is weighted.

 

     (c) A copy of each plan received from local road agencies that

 

have jurisdiction over transportation infrastructure projects.

 

     (8) Any document or record prepared, owned, used, in the

 

possession of, or retained by the state transportation advisory

 

commission in the development of the performance measures described

 

in subsection (2) shall be made available to the public as provided

 

in the freedom of information act, 1976 PA 442, MCL 15.231 to

 

15.246.

 

     (9) As used in this section, "transportation infrastructure

 

project" includes, but is not limited to, a project for highway

 

maintenance, highway modernization, highway expansion, new highway

 

construction, public transportation, intercity passenger rail,

 

high-speed rail, or any other project eligible for funding under 23

 

USC 133.