SENATE BILL No. 1417

July 21, 2010, Introduced by Senators CLARKE, CLARK-COLEMAN, HUNTER, SCOTT and THOMAS and referred to the Committee on Transportation.

A bill to amend 1964 PA 286, entitled

"An act to provide for the organization, powers, and duties of the

state transportation commission and the state transportation

department; to provide for the appointment, powers, and duties of

the state transportation director; to abolish the office of state

highway commissioner and the commissioner's advisory board and to

transfer their powers and duties; to provide for penalties and

remedies; and to repeal certain acts and parts of acts,"

(MCL 247.801 to 247.816) by adding section 6c.

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

Sec. 6c. (1) The department shall provide technical support,

advice, and resources to assist community representatives in

communities affected by an international bridge crossing that does

not exist on the effective date of the amendatory act that added

this section to enter into community benefits agreements with

contractors, developers, concessionaires, and this state.

(2) If a contractor, developer, or concessionaire who enters

into a community benefits agreement under subsection (1) defaults

in the performance of its allocated duties, the department or

authorized entity, including a government agency, shall perform the

allocated duties.

(3) Whenever the department begins or participates in the

construction of an international bridge crossing project that does

not exist on the effective date of the amendatory act that added

this section, the department shall include the requirements of a

community benefits agreement described in this section that shall

be required of the contractor, developer, or concessionaire.

(4) During the process of the project, the department shall

consult with the host community as represented by a nonprofit

organization with members in the host community that has engaged

residents and stakeholders and whose organizational purpose is to

ensure that the interests of residents, businesses, and

organizations proximate to the host community are recognized and

protected as related to the development of the project for which

the request for proposals is initiated. As used in this subsection,

"host community" encompasses the boundaries of all construction in

this state for an international bridge crossing project that does

not exist on the effective date of the amendatory act that added

this section, including the bridge, plaza, and direct access road

changes. The department shall provide information to the nonprofit

organization that the department is consulting with concerning the

proposals the department received. After receiving that information

from the department but before the department and the contractor,

developer, or concessionaire have begun construction of the

project, the nonprofit organization shall provide its advisory

recommendations to the department within a reasonable time frame

set by the department and consistent with the timeline of the

selection or construction process.

(5) Specific remedial actions undertaken to implement

community benefits shall include all of the following:

(a) Specific monitoring of air quality and residential health,

both short- and long-term in the project area.

(B) Job training and guarantees that hiring for project jobs

shall be given to host community residents and drawn from a pool of

host community residents.

the host community is minimized, that the amount of economic

activity conducted by existing businesses during construction in

the host community remains at least equivalent to the amount of

economic activity in the host community before construction, and a

plan to assure that start-up businesses after construction have

enough seed money to become established as the bridge operates.

(d) Education offered to residents of the host community

concerning English as a second language.

(e) Creation of new parks and green spaces.

(f) Designation of truck routes designed to minimize the

impact on residents, reduction of truck idle time, and diesel

reduction plans to protect the air of host community residents.

(g) Current residents of affected host communities shall

receive full opportunity for new housing if they are displaced and

shall not be required to pay out of pocket for expenses associated

with displacement and relocation.

(h) Guarantees that host community representatives will be

included in oversight of the construction and maintenance of the

project.

(i) Creation of a reserve fund from a percentage of user fees

to address residential concerns and to provide for project

assistance if toll revenues are not consistent with predictions.

(6) The requirements of this section shall be phased in over

the construction timespan. The requirements shall be fully

implemented upon completion of construction. No progress or

available payments shall be made to the contractor, developer, or

concessionaire if the community benefits agreement has not been

implemented. The department shall submit a written report

quantifying the progress toward this requirement annually to the

legislature and to the host community.

(7) As used in this section, a "community benefits agreement"

is a contract between this state and a contractor, developer, or

concessionaire and the nonprofit organization identified by the

department under subsection (4). The agreement shall implement

sustainable benefits to the community, in addition to any benefits

required by existing federal, state, or local laws, which SHALL

include, but not be limited to, all of the following:

(a) Preservation, restoration, or replacement of host

community resources directly affected by the project.

(b) Jobs, employment training, and related facilities.