May 19, 2009, Introduced by Reps. Ball, Donigan, Bauer, Kandrevas, Gonzales, Polidori, LeBlanc, Geiss, Lahti, Melton, Byrnes and Dean 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,"
by amending sections 1g and 9a (MCL 247.651g and 247.659a), as
amended by 2007 PA 199.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec.
1g. The transportation asset management council, in
conjunction
with the department, counties, and municipalities,
shall
develop and implement a pavement management system for each
mile
of roadway on the federal-aid eligible highway system in
Michigan. This pavement management system shall attempt to
ensure
that
a disproportionate share of pavement shall not become due for
replacement
or major repair at the same time. The transportation
asset
management council shall provide local road agencies with the
training
needed to utilize the pavement management system in
accordance
with this section. The
transportation asset management
council, in conjunction with the department, county road
commissions, and municipalities, shall, on a cost-effective and
efficient schedule, develop and implement an asset management
program for major classes of transportation assets. The asset
management program shall be designed to ensure that federal asset-
reporting requirements are met and that a disproportionate fraction
of assets do not become due for replacement or major repair at the
same time. The asset management shall be designed to collect and
analyze data in sufficient detail to enable each road agency to
know the state of repair and remaining service life or each major
class of asset for which it is responsible. Data may be collected
at intervals or from samples that are determined to be cost-
effective, as determined under the priorities of federal reporting.
The transportation asset management council shall provide local
road agencies with the training needed to conduct asset management
in accordance with this section.
Sec. 9a. (1) As used in this section:
(a) "Asset management" means an ongoing process of
maintaining, upgrading, and operating physical assets cost-
effectively, based on a continuous physical inventory and condition
assessment.
(b) "Bridge" means a structure including supports erected over
a depression or an obstruction, such as water, a highway, or a
railway, for the purposes of carrying traffic or other moving
loads, and having an opening measuring along the center of the
roadway of more than 20 feet between undercopings of abutments or
spring lines of arches, or extreme ends of openings for multiple
boxes where the clear distance between openings is less than 1/2 of
the smaller contiguous opening.
(c) "Central storage data agency" means that agency or office
chosen by the council where the data collected is stored and
maintained.
(d) "Council" means the transportation asset management
council created by this section.
(e) "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 2,000,000 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.
(f) "Department" means the state transportation department.
(g) "Federal-aid eligible" means any public road or bridge
that is eligible for federal aid to be spent for the construction,
repair, or maintenance of that road or bridge.
(h) "Local road agency" means a county road commission or
designated county road agency or city or village that is
responsible for the construction or maintenance of public roads
within the state under this act.
(i) "Multiyear program" means a compilation of road and bridge
projects anticipated to be contracted for by the department or a
local road agency during a 3-year period. The multiyear program
shall include a listing of each project to be funded in whole or in
part with state or federal funds.
(j) "State planning and development regions" means those
agencies required by section 134(b) of title 23 of the United
States Code, 23 USC 134, and those agencies established by
Executive Directive 1968-1.
(2) In order to provide a coordinated, unified effort by the
various roadway agencies within the state, the transportation asset
management council is hereby created within the state
transportation commission and is charged with advising the
commission on a statewide asset management strategy and the
processes and necessary tools needed to implement such a strategy
beginning with the federal-aid eligible highway system, and once
completed,
continuing on with the county road and municipal road
systems, bridges, and other major classes of assets, in a cost-
effective, efficient manner. Nothing in this section shall prohibit
a local road agency from using an asset management process on its
non-federal-aid eligible system. The council shall consist of 10
voting members appointed by the state transportation commission.
The council shall include 2 members from the county road
association of Michigan, 2 members from the Michigan municipal
league, 2 members from the state planning and development regions,
1 member from the Michigan townships association, 1 member from the
Michigan association of counties, and 2 members from the
department. Nonvoting members shall include 1 person from the
agency
or office selected as the location for central data storage.
Each
agency with voting rights shall submit a list of 2 nominees to
the
state transportation commission from which the appointments
shall
be made. The Michigan townships association shall submit 1
name,
and the Michigan association of counties shall submit 1 name.
Names
shall be submitted within 30 days after the effective date of
the
2002 amendatory act that amended this section. The state
transportation
commission shall make the appointments within 30
days
after receipt of the lists.
(3) The positions for the department shall be permanent. The
position of the central data storage agency shall be nonvoting and
shall be for as long as the agency continues to serve as the data
storage repository. The member from the Michigan association of
counties shall be initially appointed for 2 years. The member from
the Michigan townships association shall be initially appointed for
3 years. Of the members first appointed from the county road
association of Michigan, the Michigan municipal league, and the
state planning and development regions, 1 member of each group
shall be appointed for 2 years and 1 member of each group shall be
appointed for 3 years. At the end of the initial appointment, all
terms shall be for 3 years. The chairperson shall be selected from
among the voting members of the council.
(4) The department shall provide qualified administrative
staff and the state planning and development regions shall provide
qualified technical assistance to the council.
(5) The council shall develop and present to the state
transportation commission for approval within 90 days after the
date of the first meeting such procedures and requirements as are
necessary for the administration of the asset management process.
This shall, at a minimum, include the areas of training, data
storage and collection, reporting, development of a multiyear
program, budgeting and funding, and other issues related to asset
management that may arise from time to time. All quality control
standards and protocols shall, at a minimum, be consistent with any
existing federal requirements and regulations and existing
government accounting standards.
(6) The council may appoint a technical advisory panel whose
members shall be representatives from the transportation
construction associations and related transportation road
interests. The asset management council shall select members to the
technical advisory panel from names submitted by the transportation
construction associations and related transportation road
interests. The technical advisory panel members shall be appointed
for 3 years. The asset management council shall determine the
research issues and assign projects to the technical advisory panel
to assist in the development of statewide policies. The technical
advisory panel's recommendations shall be advisory only and not
binding on the asset management council.
(7) The department, each county road commission, and each city
and village of this state shall annually submit a report to the
transportation asset management council. This report shall include
a multiyear program developed through the asset management process
described in this section. Projects contained in the department's
annual multiyear program shall be consistent with the department's
asset management process and shall be reported consistent with
categories established by the transportation asset management
council. Projects contained in the annual multiyear program of each
local road agency shall be consistent with the asset management
process of each local road agency and shall be reported consistent
with categories established by the transportation asset management
council.
(8) Funding necessary to support the activities described in
this section shall be provided by an annual appropriation from the
Michigan transportation fund to the state transportation
commission.
(9) The department and each local road agency shall keep
accurate and uniform records on all road and bridge work performed
and funds expended for the purposes of this section, according to
the procedures developed by the council. Each local road agency and
the department shall annually report to the council the mileage and
condition of the road and bridge system under their jurisdiction
and the receipts and disbursements of road and street funds in the
manner prescribed by the council, which shall be consistent with
any current accounting procedures. An annual report shall be
prepared by the staff assigned to the council regarding the results
of activities conducted during the preceding year and the
expenditure of funds related to the processes and activities
identified by the council. The report shall also include an
overview of the activities identified for the succeeding year. The
council shall submit this report to the state transportation
commission, the legislature, and the transportation committees of
the house and senate by May 2 of each year.