October 15, 2008, Introduced by Reps. Warren, Alma Smith, Tobocman, Hammon, Kathleen Law, Bauer, Miller and Leland 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 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 18m.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 18m. (1) The department shall enter into a community
benefits agreement with the unit of local government where the
project is located for any construction, maintenance, or
preservation project for which an environmental impact statement is
required under federal law. If the project is located in more than
1 unit of local government, then the department shall enter into a
joint community benefits agreement with each unit of local
government located in the project area. If any unit of local
government declines to enter into a community benefits agreement
with the department, the unit of local government may designate
specific community organizations to represent community interests
and, if 1 or more community organizations are designated by a unit
of local government, the department shall enter into the community
benefits agreement for the project with each designated community
organization. The department shall not enter into a community
benefits agreement with an individual.
(2) The department shall enter into the community benefits
agreement before the final environmental impact statement is
submitted to the federal environmental protection agency and shall
be included as part of the federal environmental impact statement
submittal.
(3) If no unit of local government located in the project area
desires to enter into a community benefits agreement and does not
designate a community organization to enter into the agreement, the
department shall use its best efforts to make the process known to
the affected community before the project is undertaken and again
when a draft environmental impact statement is released. If a
community organization contacts the department as a result of this,
the department shall enter into the community benefits agreement
with the interested community organization. If no unit of local
government or community organization is willing to enter into a
community benefits agreement with the department, then no community
benefits agreement is required for the project.
(4) The community benefits agreement shall contain 1 or more
of the following provisions:
(a) Provisions relating to mitigation of degradation of
environmental quality caused by the project, including, but not
limited to, air quality, water quality, or wetland remediation.
(b) Provisions relating to employment conditions for jobs
generated by the project, including, but not limited to, living
wage requirements or hiring and training workers from communities
with high unemployment and low income.
(c) Provisions addressing the aesthetic impact of the project
on the community, including, but not limited to, barriers, buffers,
landscaping, and signage.
(d) Provisions addressing mitigation related to direct
negative impacts of the project, including, but not limited to,
truck traffic, noise, vibrations, and relocation of historically
significant buildings and relocation of community facilities.
(e) Provisions relating to mitigation of indirect negative
impact from the project, including, but not limited to,
construction of parks and recreational facilities, construction of
affordable housing, relocation of displaced businesses,
infrastructure improvements, and provision of additional health
services.
(f) Provisions addressing ongoing community involvement in the
project.