SB-1097, As Passed Senate, May 24, 2006
SUBSTITUTE FOR
SENATE BILL NO. 1097
A bill to make appropriations for the state transportation
department and certain transportation purposes for the fiscal year
ending September 30, 2007; 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
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, 2007, 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........ 3,016.3
GROSS APPROPRIATION.................................... $ 3,431,268,600
Interdepartmental grant revenues:
Total interdepartmental grants and intradepartmental
transfers............................................ 0
ADJUSTED GROSS APPROPRIATION........................... $ 3,431,268,600
Federal revenues:
DOT, federal transit act............................... 60,387,800
DOT-FHWA, highway research, planning, and construction. 1,107,898,200
DOT-FRA, local rail service assistance................. 100,000
DOT-FRA, rail passenger/HSGT........................... 1,000,000
Total federal revenues................................. 1,169,386,000
Special revenue funds:
Local funds............................................ 47,500,000
Total local revenues................................... 47,500,000
Total private revenues................................. 0
Blue Water Bridge fund................................. 17,342,200
Comprehensive transportation fund...................... 250,732,000
Economic development fund.............................. 56,417,800
Intercity bus equipment fund........................... 1,000,000
Local bridge fund...................................... 33,455,300
Michigan transportation fund........................... 1,094,648,900
Rail preservation fund................................. 2,000,000
State aeronautics fund................................. 14,934,000
State trunkline fund................................... 743,852,400
Total other state restricted revenues.................. 2,214,382,600
State general fund/general purpose..................... $ 0
Sec. 102. DEBT SERVICE
State trunkline........................................ $ 152,300,400
Economic development................................... 15,025,800
Local bridge fund...................................... 3,000,000
Blue Water Bridge...................................... 2,878,600
Airport safety and protection plan..................... 5,000,000
Comprehensive transportation........................... 29,415,200
GROSS APPROPRIATION.................................... $ 207,620,000
Appropriated from:
Federal revenues:
DOT-FHWA, highway research, planning, and construction. 55,000,000
Special revenue funds:
Blue Water Bridge fund................................. 2,878,600
Comprehensive transportation fund...................... 28,807,800
Economic development fund.............................. 15,025,800
Local bridge fund...................................... 3,000,000
State aeronautics fund................................. 5,607,400
State trunkline fund................................... 97,300,400
State general fund/general purpose..................... $ 0
Sec. 103. INTERDEPARTMENT AND STATUTORY CONTRACTS
MTF grant to department of environmental quality....... $ 1,020,800
MTF grant to department of state for collection of
revenue and fees..................................... 20,000,000
MTF grant to department of treasury.................... 8,800,000
MTF grant to legislative auditor general............... 204,300
STF grant to department of attorney general............ 2,708,300
STF grant to department of civil service............... 2,700,000
STF grant to department of history, arts, and
libraries............................................ 73,500
STF grant to department of management and budget....... 1,366,500
STF grant to department of state police................ 7,967,000
STF grant to department of treasury.................... 212,900
STF grant to legislative auditor general............... 474,600
SAF grant to department of attorney general............ 151,400
SAF grant to department of civil service............... 55,000
SAF grant to department of history, arts, and
libraries............................................ 2,100
SAF grant to department of management and budget....... 38,600
SAF grant to department of treasury.................... 74,300
SAF grant to legislative auditor general............... 19,600
CTF grant to attorney general.......................... 153,400
CTF grant to department of civil service............... 95,000
CTF grant to department of history, arts, and
libraries............................................ 3,400
CTF grant to department of management and budget....... 62,400
CTF grant to department of treasury.................... 2,400
CTF grant to legislative auditor general............... 25,200
GROSS APPROPRIATION.................................... $ 46,210,700
Appropriated from:
Special revenue funds:
Comprehensive transportation fund...................... 341,800
Michigan transportation fund........................... 30,025,100
State aeronautics fund................................. 341,000
State trunkline fund................................... 15,502,800
State general fund/general purpose..................... $ 0
Sec. 104. EXECUTIVE DIRECTION
Full-time equated unclassified positions.......... 6.0
Full-time equated classified positions........... 31.3
Director............................................... $ 140,400
Chief deputy........................................... 114,400
Communications director................................ 74,300
Governmental affairs director.......................... 93,600
UPTRAN director........................................ 41,900
Commission advisor..................................... 67,600
Asset management council............................... 1,626,400
Commission audit
Salaries and fringe benefits--31.3 FTE positions....... 3,261,500
Travel................................................. 56,700
Other operational expenses............................. 64,700
Subtotal - commission audit............................ 3,382,900
GROSS APPROPRIATION.................................... $ 5,541,500
Appropriated from:
Special revenue funds:
Michigan transportation fund........................... 1,626,400
State trunkline fund................................... 3,915,100
State general fund/general purpose..................... $ 0
Sec. 105. BUSINESS SUPPORT
Full-time equated classified positions........... 56.5
Executive office
Salaries and fringe benefits--10.5 FTE positions....... $ 1,205,400
Travel................................................. 69,300
Other operational expenses............................. 116,400
Subtotal - executive office............................ 1,391,100
Communications
Salaries and fringe benefits--12.0 FTE positions....... 1,166,000
Travel................................................. 40,100
Other operational expenses............................. 191,200
Subtotal - communications.............................. 1,397,300
Governmental affairs
Salaries and fringe benefits--3.0 FTE positions........ 368,200
Travel................................................. 3,000
Other operational expenses............................. 17,500
Subtotal - governmental affairs........................ 388,700
Human resources
Salaries and fringe benefits--22.0 FTE positions....... 2,260,800
Travel................................................. 18,200
Other operational expenses............................. 208,800
Subtotal - human resources............................. 2,487,800
Economic development and enhancement programs
Salaries and fringe benefits--9.0 FTE positions........ 1,034,600
Travel................................................. 24,600
Other operational expenses............................. 71,800
Subtotal - economic development and enhancement
programs............................................. 1,131,000
Property management.................................... 7,331,500
Human resources optimization user charges.............. 199,500
Worker's compensation.................................. 2,136,000
GROSS APPROPRIATION.................................... $ 16,462,900
Appropriated from:
Special revenue funds:
Comprehensive transportation fund...................... 1,354,700
Economic development fund.............................. 485,300
Michigan transportation fund........................... 175,800
State aeronautics fund................................. 886,500
State trunkline fund................................... 13,560,600
State general fund/general purpose..................... $ 0
Sec. 106. INFORMATION TECHNOLOGY
Information technology services and projects........... $ 27,876,500
GROSS APPROPRIATION.................................... $ 27,876,500
Appropriated from:
Federal revenues:
DOT-FHWA, highway research, planning, and construction. 1,446,900
Special revenue funds:
Blue Water Bridge fund................................. 47,000
Comprehensive transportation fund...................... 234,300
Economic development fund.............................. 37,100
Michigan transportation fund........................... 243,400
State aeronautics fund................................. 143,700
State trunkline fund................................... 25,724,100
State general fund/general purpose..................... $ 0
Sec. 107. FINANCE, CONTRACTS AND SUPPORT SERVICES
Full-time equated classified positions.......... 249.5
Financial operations
Salaries and fringe benefits--79.0 FTE positions....... $ 6,765,800
Travel................................................. 32,700
Other operational expenses............................. 840,000
Subtotal - financial operations........................ 7,638,500
Contract services
Salaries and fringe benefits--34.1 FTE positions....... 2,944,200
Travel................................................. 17,000
Other operational expenses............................. 211,200
Subtotal - contract services........................... 3,172,400
Technical and support services
Salaries and fringe benefits--75.4 FTE positions....... 6,599,900
Travel................................................. 188,600
Other operational expenses............................. 1,856,800
Subtotal - technical and support services.............. 8,645,300
Performance excellence
Salaries and fringe benefits--6.0 FTE positions........ 584,100
Travel................................................. 6,300
Other operational expenses............................. 102,700
Subtotal - performance excellence...................... 693,100
Welcome center operations
Salaries and fringe benefits--55.0 FTE positions....... 3,816,100
Travel................................................. 50,500
Other operational expenses............................. 842,500
Subtotal - welcome center operations................... 4,709,100
GROSS APPROPRIATION.................................... $ 24,858,400
Appropriated from:
Special revenue funds:
Michigan transportation fund........................... 1,403,900
State trunkline fund................................... 23,454,500
State general fund/general purpose..................... $ 0
Sec. 108. TRANSPORTATION PLANNING
Full-time equated classified positions.......... 174.0
Statewide planning services
Salaries and fringe benefits--122.0 FTE positions...... $ 12,263,200
Travel................................................. 150,000
Other operational expenses............................. 500,000
Subtotal - statewide planning services................. 12,913,200
Data collection services
Salaries and fringe benefits--52.0 FTE positions....... 4,384,700
Travel................................................. 350,000
Other operational expenses............................. 746,000
Subtotal - data collection services.................... 5,480,700
Specialized planning services and local studies........ 16,798,200
Grants to regional planning councils................... 488,800
GROSS APPROPRIATION.................................... $ 35,680,900
Appropriated from:
Federal revenues:
DOT-FHWA, highway research, planning, and construction. 22,000,000
Special revenue funds:
Comprehensive transportation fund...................... 1,060,300
Michigan transportation fund........................... 6,304,500
State aeronautics fund................................. 261,900
State trunkline fund................................... 6,054,200
State general fund/general purpose..................... $ 0
Sec. 109. DESIGN AND ENGINEERING SERVICES
Full-time equated classified positions........ 1,516.4
Engineering services
Salaries and fringe benefits--802.2 FTE positions...... $ 42,777,000
Travel................................................. 1,856,400
Other operational expenses............................. 10,904,500
Subtotal - engineering services........................ 55,537,900
Program services
Salaries and fringe benefits--703.7 FTE positions...... 30,599,800
Travel................................................. 968,500
Other operational expenses............................. 5,428,300
Subtotal - program services............................ 36,996,600
Intelligent transportation systems operations--10.5
FTE positions........................................ 9,977,600
GROSS APPROPRIATION.................................... $ 102,512,100
Appropriated from:
Federal revenues:
DOT-FHWA, highway research, planning, and construction. 15,226,200
Special revenue funds:
Michigan transportation fund........................... 5,331,200
State trunkline fund................................... 81,954,700
State general fund/general purpose..................... $ 0
Sec. 110. HIGHWAY MAINTENANCE
Full-time equated classified positions.......... 825.6
State trunkline operations
Salaries and fringe benefits--825.6 FTE positions...... $ 66,176,100
Travel................................................. 1,704,300
Other operational expenses............................. 61,460,800
Subtotal - state trunkline operations.................. 129,341,200
Contract operations.................................... 145,823,700
GROSS APPROPRIATION.................................... $ 275,164,900
Appropriated from:
Special revenue funds:
State trunkline fund................................... 275,164,900
State general fund/general purpose..................... $ 0
Sec. 111. ROAD AND BRIDGE PROGRAMS
State trunkline federal aid and road and bridge
construction......................................... $ 988,757,200
Local federal aid and road and bridge construction..... 259,689,000
Grants to local programs............................... 33,000,000
Rail grade crossing.................................... 3,000,000
Local bridge fund...................................... 30,455,300
County road commissions................................ 649,447,500
Cities and villages.................................... 362,096,000
GROSS APPROPRIATION.................................... $ 2,326,445,000
Appropriated from:
Federal revenues:
DOT-FHWA, highway research, planning, and construction. 1,014,225,100
Special revenue funds:
Local funds............................................ 30,000,000
Blue Water Bridge fund................................. 3,000,000
Local bridge fund...................................... 30,455,300
Michigan transportation fund........................... 1,047,543,500
State trunkline fund................................... 201,221,100
State general fund/general purpose..................... $ 0
Sec. 112. BLUE WATER BRIDGE
Full-time equated classified positions........... 41.0
Salaries and fringe benefits--41.0 FTE positions....... $ 3,296,600
Travel................................................. 20,000
Other operational expenses............................. 8,100,000
GROSS APPROPRIATION.................................... $ 11,416,600
Appropriated from:
Special revenue funds:
Blue Water Bridge fund................................. 11,416,600
State general fund/general purpose..................... $ 0
Sec. 113. TRANSPORTATION ECONOMIC DEVELOPMENT FUND
Forest roads........................................... $ 5,040,000
Rural county urban system.............................. 2,500,000
Target industries/economic redevelopment............... 17,966,200
Urban county congestion................................ 7,681,700
Rural county primary................................... 7,681,700
GROSS APPROPRIATION.................................... $ 40,869,600
Appropriated from:
Special revenue funds:
Economic development fund.............................. 40,869,600
State general fund/general purpose..................... $ 0
Sec. 114. AERONAUTICS SERVICES
Full-time equated classified positions........... 56.0
Airport improvement services
Salaries and fringe benefits--30.0 FTE positions....... $ 2,471,000
Travel................................................. 125,300
Other operational expenses............................. 276,500
Subtotal - airport improvement services................ 2,872,800
Aviation services
Salaries and fringe benefits--26.0 FTE positions....... 2,087,900
Travel................................................. 82,100
Other operational expenses............................. 1,950,700
Subtotal - aviation services........................... 4,120,700
Air service program.................................... 700,000
GROSS APPROPRIATION.................................... $ 7,693,500
Appropriated from:
Special revenue funds:
State aeronautics fund................................. 7,693,500
State general fund/general purpose..................... $ 0
Sec. 115. PUBLIC TRANSPORTATION AND FREIGHT
SERVICES
Full-time equated classified positions........... 66.0
Freight and safety services
Salaries and fringe benefits--36.0 FTE positions....... $ 3,580,800
Travel................................................. 113,600
Other operational expenses............................. 426,700
Subtotal - freight and safety services................. 4,121,100
Passenger transportation services
Salaries and fringe benefits--30.0 FTE positions....... 2,932,700
Travel................................................. 81,600
Other operational expenses............................. 201,800
Subtotal - passenger transportation services........... 3,216,100
GROSS APPROPRIATION.................................... $ 7,337,200
Appropriated from:
Federal revenues:
DOT, federal transit act............................... 787,800
Special revenue funds:
Comprehensive transportation fund...................... 4,554,300
Michigan transportation fund........................... 1,995,100
State general fund/general purpose..................... $ 0
Sec. 116. BUS TRANSIT DIVISION: STATUTORY OPERATING
Local bus operating.................................... $ 166,624,000
Nonurban operating/capital............................. 18,000,000
GROSS APPROPRIATION.................................... $ 184,624,000
Appropriated from:
Federal revenues:
DOT, federal transit act............................... 16,000,000
Special revenue funds:
Local funds............................................ 2,000,000
Comprehensive transportation fund...................... 166,624,000
State general fund/general purpose..................... $ 0
Sec. 117. INTERCITY PASSENGER AND FREIGHT
Freight property management............................ $ 1,000,000
Detroit/Wayne County port authority.................... 500,000
Intercity bus equipment................................ 2,300,000
Rail passenger service................................. 7,200,000
Freight preservation and development................... 4,892,900
Rail infrastructure loan program....................... 1,000,000
Intercity bus service development...................... 4,850,000
Marine passenger services.............................. 400,000
Terminal development................................... 1,651,300
GROSS APPROPRIATION.................................... $ 23,794,200
Appropriated from:
Federal revenues:
DOT, federal transit act............................... 3,500,000
DOT-FRA, local rail service assistance................. 100,000
DOT-FRA, rail passenger/HSGT........................... 1,000,000
Special revenue funds:
Local funds............................................ 50,000
Comprehensive transportation fund...................... 16,144,200
Intercity bus equipment fund........................... 1,000,000
Rail preservation fund................................. 2,000,000
State general fund/general purpose..................... $ 0
Sec. 118. PUBLIC TRANSPORTATION DEVELOPMENT
Specialized services................................... $ 11,300,100
Municipal credit program............................... 2,000,000
Bus capital............................................ 58,971,500
Van pooling............................................ 195,000
Service initiatives.................................... 850,000
Transportation to work................................. 13,844,000
GROSS APPROPRIATION.................................... $ 87,160,600
Appropriated from:
Federal revenues:
DOT, federal transit act............................... 40,100,000
Special revenue funds:
Local funds............................................ 15,450,000
Comprehensive transportation fund...................... 31,610,600
State general fund/general purpose..................... $ 0
PART 2
PROVISIONS CONCERNING APPROPRIATIONS
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 2006-2007 is $2,214,382,600.00 and
state spending from state resources to be paid to local units of
government for fiscal year 2006-2007 is $1,296,393,400.00. The
itemized statement below identifies appropriations from which
spending to units of local government will occur:
DEPARTMENT OF TRANSPORTATION
Grants to local programs............................... $ 33,000,000
Economic development fund.............................. 21,966,200
Grants to cities and villages.......................... 362,096,000
Grants to county road commissions...................... 649,447,500
Local bridge fund...................................... 30,455,300
Grants to regional planning councils................... 488,800
Local bus operating.................................... 166,624,000
Bus capital............................................ 21,471,500
Marine passenger service............................... 400,000
Detroit/Wayne County port authority.................... 500,000
Municipal credit program............................... 2,000,000
Specialized services................................... 4,100,100
Transportation to work................................. 3,844,000
Total payments to local units of government............ $ 1,296,393,400
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 article:
(a) "CTF" means comprehensive transportation fund.
(b) "Department" means the department of transportation.
(c) "DOT" means the United States department of
transportation.
(d) "DOT-FHWA" means DOT, federal highway administration.
(e) "DOT-FRA" means DOT, federal railroad administration.
(f) "DOT-FRA, rail passenger/HSGT" means DOT, federal railroad
administration, high-speed ground transportation.
(g) "EDF" means economic development fund.
(h) "FTE" means full-time equated.
(i) "MTF" means Michigan transportation fund.
(j) "RIF" means recreation improvement fund.
(k) "SAF" means state aeronautics fund.
(l) "STF" means state trunkline fund.
Sec. 204. The department of civil service 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. 205. (1) A hiring freeze is imposed on the state
classified civil service. State departments and agencies are
prohibited from hiring any new state classified civil service
employees and prohibited from filling any vacant state classified
civil service positions. This hiring freeze does not apply to
internal transfers of classified employees from 1 position to
another within a department.
(2) The state budget director may grant exceptions to this
hiring freeze when the state budget director believes that the
hiring freeze will result in rendering a state department or agency
unable to deliver basic services, causes loss of revenue to the
state, would result in the inability of the state to receive
federal funds, or would necessitate additional expenditures that
exceed any savings from maintaining a vacancy. The state budget
director shall report by the thirtieth of each month to the
chairpersons of the senate and house of representatives standing
committees on appropriations the number of exceptions to the hiring
freeze approved during the previous month and the reasons to
justify the exception.
Sec. 207. At least 90 days before beginning any effort to
privatize, the department shall submit a complete project plan to
the appropriate senate and house of representatives appropriations
subcommittees and the senate and house fiscal agencies. The plan
shall include the criteria under which the privatization initiative
will be evaluated. The evaluation shall be completed and submitted
to the appropriate senate and house of representatives
appropriations subcommittees and the senate and house fiscal
agencies within 6 months. As used in this section, "privatize" or
"privatization" means the transfer of state highway maintenance
functions 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. 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 should be given to
goods or services, or both, manufactured or provided by Michigan
businesses if they are competitively priced and of comparable
quality.
Sec. 210. The director of each department receiving
appropriations in part 1 may take all reasonable steps to ensure
businesses in deprived and depressed communities compete for and
perform contracts to provide services or supplies, or both. The
director shall encourage firms with which the department contracts
to subcontract with certified businesses in deprived and depressed
communities for services, supplies, or both.
Sec. 211. The departments and state agencies receiving
appropriations under this article shall receive and retain copies
of all reports funded from appropriations in part 1. These
departments and state agencies shall follow federal and state
guidelines for short-term and long-term retention of these reports
and records.
Sec. 259. From the funds appropriated in part 1 for
information technology, the department shall pay user fees to the
department of information technology 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 information technology.
Sec. 260. (1) Due to the current budgetary problems in this
state, out-of-state travel for the fiscal year ending September 30,
2007 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, or through the
Internet, computer classes, or correspondence.
(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. 261. A department or state agency shall not take
disciplinary action against an employee for communicating with a
member of the legislature or their staff.
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, and
for fees associated with freedom of information requests. Unless
otherwise authorized by statute, all fee revenue shall be credited
to the state trunkline 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 the property.
Sec. 306. Biennially, in each odd-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
auditor general shall prepare a detailed report, with
recommendations and conclusions, including a list of services
charged to transportation funds, the appropriateness of those
charges, the cost allocation methodologies used in determining the
level of funding, and any unreimbursed costs. The report shall be
provided, upon request, to any member of the senate and house of
representatives, senate and house fiscal agencies, and the state
budget director 6 months after publication of the state of Michigan
comprehensive annual financial report.
Sec. 307. Before February 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. 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.
Sec. 309. The department shall 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. 311. The department shall not use funds appropriated
under part 1 on behalf of a local governmental unit to pay the
amount required for that local governmental unit to participate in
the federal advance construction program.
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. 314. The department shall provide a report prepared by
the department's internal auditor on the activities of the internal
auditor for the previous fiscal year. The report shall be due on
February 1, 2007 and shall be submitted to the senate and house of
representatives appropriations committees, the senate and house
fiscal agencies, the director of the state budget office, and the
auditor general. This report shall include a list of all of the
following:
(a) All work activities conducted by the internal auditor,
including a listing of all audits, reviews, and investigations.
(b) The time charged to each work activity, including time
charged to each audit, review, or investigation.
(c) A listing of which audits, reviews, and investigations
have been completed and which audits, reviews, and investigations
have had reports of the results issued.
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. 324. From the funds appropriated in part 1, $500,000.00
from the state trunkline fund shall be used for enhanced
construction zone traffic law enforcement and the "give 'em a
brake" campaign. The funding shall be used to reimburse law
enforcement agencies for costs associated with construction zone
traffic enforcement. The funding shall be provided based on
approved memoranda of understanding between the department and
participating law enforcement agencies.
Sec. 334. The department shall continue its program to
increase the use of women- and minority-owned businesses in state
and local road construction projects. This program shall comprise,
at a minimum, outreach and education efforts to inform women- and
minority-owned firms of department competitive bidding processes
and requirements, and an assessment of the availability of surety
for women- and minority-owned businesses. The department shall
report by March 31, 2007, to the house and senate appropriations
subcommittees on transportation and the house and senate fiscal
agencies of its progress in complying with this section.
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. 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. 361. The department will notify the senate and house
appropriations subcommittees on transportation, the senate and
house fiscal agencies, and the state budget director of any changes
to the services or function of the multi-modal transportation
services program as approved by the state transportation
commission.
Sec. 370. From the funds appropriated in part 1, the
department shall maintain a complaint process to enforce the
charter service prohibition contained in section 10e of 1951 PA 51,
MCL 247.660e. The complaint process shall be independent from the
charter service complaint process administered by the federal
department of transportation, federal transit administration under
49 CFR part 604. The process shall allow complainants to file
written complaints with the director, either through the United
States mail or through the department's Internet site. The process
shall allow complainants and respondents to provide evidence to the
director regarding the alleged complaint. The director shall
dispose of all complaints within 120 days after receipt.
Sec. 374. The department shall produce and distribute all
employee newsletters electronically.
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. 376. No later than October 15, 2006, the department shall
report to the senate and house of representatives appropriations
subcommittees on transportation on the status of the 17 projects
that were initially deferred in the department's 5-year plan in
2003 and subsequently restored.
Sec. 379. The department shall not spend any comprehensive
transportation fund revenue appropriated in part 1 on operational
planning for an eligible authority or eligible governmental agency
in accordance with section 10b(3) of 1951 PA 51, MCL 247.660b.
Sec. 380. (1) The department only shall use those
appropriations contained in sections 114 and 115 to support the
operations of the multi-modal transportation services bureau.
Except as provided in subsection (2), the department is prohibited
from charging any costs associated with the multi-modal
transportation services bureau to any appropriation in part 1,
other than the appropriations contained in sections 114 and 115,
regardless of their funding source without an approved legislative
transfer or an enacted supplemental appropriations bill.
(2) Funds not appropriated in sections 114 and 115 may be used
to fund costs associated with multi-modal transportation services,
aeronautics, or freight safety services activities related to
federally eligible costs for project management, inspection, and
administration of federally funded projects and for construction of
safety inspections of rail projects.
Sec. 381. No funds appropriated in part 1 shall be used to pay
for the costs associated with the production or airing of a
television program by the department, unless the program addresses
traffic or safety advisories.
Sec. 383. (1) The department, with assistance from the
departments of state police, natural resources, and military and
veterans affairs, shall prepare a quarterly report on all travel by
executive branch employees on state-owned, noncombat aircraft. The
report shall include, by department, the name of the traveler, the
travel origination location, the travel destination location, type
Senate Bill No. 1097 as amended May 24, 2006
of aircraft, and the total estimated costs associated with the air
travel.
(2) From the funds appropriated in part 1, the department is
prohibited from transporting employees of institutions of higher
education on state-owned aircraft.
(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 and/or the speaker of the house of representatives.
(4) From the funds appropriated in part 1, the department is
prohibited from transporting local government employees on state-
owned aircraft.
(5) It is the intent of the legislature that state elected
officials use commercial or other private air service, unless air
travel on state-owned aircraft is part of official state business.
<<Sec. 384. From the funds appropriated in part 1, the department
shall not use any funds to support the Detroit River international crossing study or to implement any recommendations made from such
study.>>
FEDERAL
Sec. 401. When the department receives authorization from the
federal government to commit transportation funds pursuant to
federal appropriations, it shall present to the senate and house of
representatives appropriations transportation subcommittees and the
senate and house fiscal agencies, the federal amounts and
categories authorized and the department's recommendation for
distribution of these funds. If a recommendation or recommendations
are not approved within 30 business days by both the senate and
house of representatives appropriations transportation
subcommittees, then the recommendation or recommendations shall be
considered as disapproved. If either the senate or house of
representatives appropriations transportation subcommittees
disapproves the proposed distribution, then the senate and house of
representatives appropriations transportation subcommittees and the
department shall hold a joint meeting to develop a final
distribution.
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. Exchanged funds shall be used for the
original purpose.
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 labor and economic growth or the department of state police is
deposited in the Michigan transportation fund.
Sec. 502. The department of treasury shall perform audits and
make investigations of the disposition of all state funds received
by county road commissions or county boards of commissioners, as
applicable, and cities and villages for transportation purposes to
determine compliance with the terms and conditions of 1951 PA 51,
MCL 247.651 to 247.675. County road commissions or county boards of
commissioners, as applicable, and cities and villages shall make
available to the department of treasury the pertinent records for
the audit.
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) The department of transportation economic development fund
and local bridge fund may receive and expend federal, local, or
private funds or restricted source funds such as interest earnings
for projects that are consistent with the programmatic mission of
the respective funds in addition to funds appropriated in part 1.
(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. (1) 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.
(2) The amounts appropriated and transferred to various state
agencies from part 1 shall be expended from the transportation
funds pursuant to annual contracts between the department and state
agencies providing tax and fee collection and other services
applicable to transportation funds. The contracts shall be executed
prior to the transfer of these funds. The contracts shall provide,
but are not limited to, the following data applicable to each state
agency:
(a) Estimated costs to be recovered from transportation funds.
(b) Description of services financed with transportation
funds.
(c) Detailed cost allocation methods that are appropriate to
the type of services being provided and the activities financed
with transportation funds.
(3) Two months after publication of the state of Michigan
comprehensive annual financial report, each state agency receiving
an interdepartment and statutory contract from 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.
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 February 1, 2007. 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. 607. Funding shall be made available for the remediation
of unsafe pedestrian crossings on state highways. Funds from this
appropriation may be expended only as matching funds for up to 50%
of project cost with additional project funding to be provided by
local units of government or through private contributions.
Selected projects shall require the approval of the transportation
commission. Maintenance of pedestrian overpasses constructed from
funds made available through this appropriation shall be the
responsibility of a local unit of government or public or private
institutions of higher education.
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. 611. From the appropriations in part 1, the department
shall use high-quality pavement marking materials for all state
trunkline projects with a design life of 10 years or greater. The
department shall coordinate with material suppliers, equipment
manufacturers, and application contractors to ensure cost-effective
improvements in durability and retro-reflectivity. The department
shall identify pilot projects for demonstration of wet reflective
characteristics. The department shall submit a report to both the
house and senate appropriations committees and the house and senate
fiscal agencies by January 31, 2007, that provides a report on the
wet reflective pilot projects and the use of high-quality pavement
marking materials in coordination with material suppliers,
equipment manufacturers, and application contractors.
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, 2007, 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. 613. From the funds appropriated in part 1, the
department shall implement a comprehensive signage program on I-94,
US-127, US-223, M-50, US-23, and I-69 that would assist traffic
coming from all directions to locate the Michigan international
speedway.
Sec. 614. From the funds appropriated in part 1, the
department shall widen US-127 to 4 lanes between M-50 and US-12.
Sec. 615. From the funds appropriated in part 1, the
department shall proceed with the construction of a full
interchange at the intersection of M-48 and I-75 in Chippewa
county. The department shall develop design plans and award the
construction contract for this project during the fiscal year
ending September 30, 2007.
Sec. 616. From the funds appropriated in part 1, the
department shall reimburse the city of Petoskey for installation of
a traffic light on US-31 at the intersection with Bay Harbor in
Emmet County.
Sec. 617. From the funds appropriated in part 1, the
department shall construct a nonmotorized vehicle bridge that
crosses the Boardman River between Hull Street and 10th Street in
Traverse City.
Sec. 639. The department shall develop a plan and schedule to
place signs on state highways that direct motorists to drive on the
right half of the roadway in accordance with section 634 of the
Michigan vehicle code, 1949 PA 300, MCL 257.634. The plan and
schedule shall be submitted to the senate and house appropriations
committees, the senate and house fiscal agencies, and the state
budget director by November 1, 2006.
Sec. 640. The department shall develop a plan and schedule to
place signs on state highways that direct motorists to yield the
right-of-way to approaching emergency vehicles in accordance with
section 653 of the Michigan vehicle code, 1949 PA 300, MCL 257.653.
The plan and schedule shall be submitted to the senate and house
appropriations committees, the senate and house fiscal agencies,
and the state budget director by November 1, 2006.
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 preservation 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. 705. Funds appropriated in part 1 for the rail
infrastructure loan program shall be credited to the rail
infrastructure loan fund established in section 15a of the state
transportation preservation act of 1976, 1976 PA 295, MCL 474.65a.
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. 707. (1) For the fiscal year ending September 30, 2007,
each eligible authority and each eligible governmental agency which
provides public transportation services in urbanized areas with a
Michigan population of less than or equal to 100,000 and
nonurbanized areas under section 5311 of title 49 of the United
States Code, 49 USC 5311, shall receive a grant of up to 60% of its
eligible operating expenses. Each eligible authority and each
eligible government agency which provides public transportation
services in urbanized areas with a Michigan population of greater
than 100,000 under section 5307 of title 49 of the United States
Code, 49 USC 5307, shall receive a grant of up to 50% of its
eligible operating expenses.
(2) If the department determines that the Detroit
transportation corporation is an eligible governmental agency as
defined in section 10c(c) of 1951 PA 51, MCL 247.660c, and is
eligible for operating grants under section 10e of 1951 PA 51, MCL
247.660e, the Detroit transportation corporation shall receive an
operating grant not to exceed the amount of the distribution it
received for eligible operating expenses for the fiscal year ending
September 30, 1997 as provided in section 10e(4)(a)(v) of 1951 PA
51, MCL 247.660e. The funding plan for capital construction costs
of the Detroit people mover project as described and provided under
1984 PA 243, 1985 PA 111, 1986 PA 207, 1987 PA 136, 1988 PA 271,
1989 PA 54, and 1990 PA 202 represents the only funding plan for
cost overruns and there is no provision or expectation of other
state money of any nature or character whatsoever for the
construction or operation of the project.
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. 709. (1) The following bus routes are designated as an
essential corridor in Michigan:
Between St. Ignace and Escanaba US-2
Between Escanaba and Duluth US-2 through Ironwood to the
state line
Between Calumet and Escanaba US-41
Between Escanaba and Milwaukee US-41 through Menominee to
the state line
Between St. Ignace and
Sault Ste. Marie I-75
Between Detroit and Chicago I-94 from Detroit to the
state line
Between Detroit and Muskegon I-96
Between Grand Rapids, Holland,
and Benton Harbor I-196 to I-94
Between Muskegon and Grand
Rapids US-31, I-96
Between Detroit and Bay City I-75
Between Bay City and Mount
Pleasant US-10, M-20
Between Jackson and Traverse US-127, US-27, I-75,
City Grayling,
Gaylord, M-72 to Traverse
City
Between Jackson and I-69, I-94 to the state line
Indianapolis through Albion, Marshall,
and Coldwater
Between Houghton Lake and
Cadillac M-55 and M-66
Between Detroit and Toledo I-75 to the state line
Between the Indiana state line
and Traverse City US-31 and I-196
Between Detroit and Port Huron I-375 and I-94
Between Toledo and Bay City US-23, I-75, and I-675, I-75
Between Bay City and Chicago I-75, Flint, I-69, I-94,
Battle Creek, I-94 to the
state line
Between Flint and Lansing I-69, M-21, Owosso, M-52,
I-69
Between Bay City and St. Ignace I-75, US-23
Between Grand Rapids and US-131, Cadillac, M-115,
St. Ignace Mesick, M-37 to Traverse
City, US-31, Acme, M-72,
Kalkaska, US-131, Boyne
Falls, M-75, Walloon Lake,
US-131, Petoskey, US-31,
I-75, St. Ignace
Between Kalamazoo and Grand
Rapids US-131
(2) Any changes to the essential corridor list in subsection
(1) shall be approved by the house and senate appropriations
subcommittees on transportation.
(3) No entity shall receive operating assistance for a
scheduled regular route service which is competing with another
private or public carrier over the same route.
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 on a 7-day basis, consistent with the other provisions of
this section.
(2) Any state subsidy for rail passenger service between Grand
Rapids and Chicago and between Port Huron and Chicago shall be
limited to an amount equal to related route revenue and shall not
exceed $6,100,000.00.
(3) 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.
(4) The department shall submit a report to both the house and
senate appropriations committees and the house and senate fiscal
agencies by January 1, 2007 that provides a 5-year history on
services, ridership, and subsidies.
(5) 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. The department shall include a section
in the report required in subsection (4) detailing efforts to
reduce the dependence on state operating subsidies and projected
operating expenses for the next 2 years, and recommending service
alternatives, for the Grand Rapids to Chicago service and the Port
Huron to Chicago service.
(6) 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.
Sec. 714. (1) 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.
(2) The department shall report by March 1, 2007 on its
efforts to implement this section over the past 2 years.
Sec. 721. For federal transit administration bus acquisition
capital grants matched with CTF funds appropriated in part 1,
transit agencies shall have 4 years from the federal approval date
to carry out their projects. Contract line items unobligated 4
years after the federal approval date may be matched with CTF funds
only up to 15% in the fifth and subsequent years. "Unobligated"
means any line item in the contract that is not committed to a
third party or purchase order. A waiver shall be granted by the
department for an additional year with documented justification
from the transit agency accompanied by a resolution from the board
or authority seeking a waiver. If a transit agency does not carry
out a line item activity in a specific authorization and the
transit agency requests funds in a new authorization for that same
activity, the line item shall be matched at up to 15%. This section
applies only to bus acquisition capital grants. Lapsed funds under
this section shall remain in the CTF.
Sec. 722. From the funds appropriated in part 1 for
transportation to work from the CTF, sufficient funds shall be used
as a match for job access reverse commute grants for local transit
agencies.
Sec. 729. From the funds appropriated in part 1 for intercity
bus service development, $100,000.00 shall be used for lost
ridership support and/or marketing efforts to increase awareness of
intercity bus service, increase ridership on intercity bus
carriers, and improve coordination of intercity bus service in
Michigan.
Sec. 730. The department shall sell all state-owned intercity
bus equipment within 6 months of termination of lease agreements
with intercity bus carriers. The proceeds from the sale of state-
owned intercity bus equipment under this section shall be deposited
in the intercity bus equipment fund, consistent with section 701.
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. 732. (1) From the funds appropriated in part 1 for local
bus operating, eligible authorities and eligible governmental
agencies receiving grants under section 10e of 1951 PA 51, MCL
247.660e, shall equip vehicles with necessary operational lifts and
certify to the department, in a format specified by the department,
that those lifts are maintained and cycled on a regularly scheduled
basis to ensure operability consistent with authority granted to
the department under 1951 PA 51, MCL 247.651 to 247.675.
(2) By October 29, 2006, eligible authorities and eligible
governmental agencies shall forward to the department, the senate
and house appropriations subcommittees on transportation, the
senate and house fiscal agencies, and the state budget director a
report on the status of their fleet with respect to operational
lifts pursuant to subsection (1). Eligible authorities and eligible
governmental agencies shall specifically include information in the
report on the number and percentage of the fleet with operational
lifts, and the number and percentage of the fleet with operational
lifts that are not in working order.
(3) An eligible authority or eligible governmental agency that
reports, pursuant to subsection (2) that vehicles currently
eligible for or in active service have lifts that are not
operational, shall certify to the department by December 31, 2006
that the nonoperational lifts have been repaired or replaced and
are operational.
(4) By April 1, 2007, the department director shall certify,
in writing, to the senate and house appropriations subcommittees on
transportation, senate and house fiscal agencies, and the state
budget director that the information provided by each eligible
authority or eligible governmental agency under subsections (2) and
(3) is accurate to the best of the director's knowledge. In the
event that the department director finds that the information
provided by each eligible authority or eligible governmental agency
under subsections (2) and (3) is inaccurate, the director shall
notify the eligible authority or eligible governmental agency of
the inaccuracies and require submission of a corrected report.
(5) Eligible authorities and eligible governmental agencies
that report, pursuant to subsection (2), nonoperational lifts on
vehicles currently eligible for or in active service, and who are
unable to certify, pursuant to subsection (3), that lifts have been
repaired or replaced by December 31, 2006, shall not receive 25% of
their monthly local bus operating grant, beginning January 1, 2007.
Persons 65 years of age or older and persons with disabilities
shall be exempt from fare box charges for the period an eligible
authority or eligible governmental agency has funds withheld
pursuant to this subsection.
(6) If the eligible authority or eligible governmental agency
certifies on or before April 30, 2007 that lifts reported as
nonoperational pursuant to subsections (3) and (4) are now
operational, funds withheld during the period subsequent to
December 31, 2006 shall be forwarded to the applicable eligible
authority or eligible governmental agency. If the applicable lifts
are not operational by April 30, 2007, funds withheld pursuant to
subsection (4) shall be forfeited and deposited to the
comprehensive transportation fund.
(7) The department shall report to the senate and house
appropriations subcommittees on transportation, senate and house
fiscal agencies, and the state budget director on September 30,
2007, regarding actions taken with respect to implementation of
this section.
(8) The department shall ensure that transit agencies have
adequate wheelchair lifts available on demand response vehicles to
meet the needs of persons with disabilities.
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. 736. From the funds appropriated in part 1, the
department shall work with intercity rail and bus passenger
carriers to coordinate intercity passenger transportation in
Michigan. The department shall assist in the coordination of
intercity routes, schedules, and facilities.
Sec. 737. It is the intent of the legislature that the
department proceed with the construction of a Birmingham/Troy
intermodal passenger facility.
Sec. 739. Eligible authorities and eligible governmental
agencies receiving grants from funds appropriated in this act shall
not assign buses longer than 40 feet to fixed route service if a
reasonable estimate of ridership does not warrant the use of such
large-capacity vehicles.
AERONAUTICS FUND
Sec. 801. 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.
Sec. 805. State aeronautics funds appropriated in part 1 for
airport safety and protection plan debt service are transferred to
the comprehensive transportation fund and are appropriated for the
purpose of reimbursing comprehensive transportation fund debt
service obligations for the airport safety and protection plan
program.