SENATE BILL No. 879

 

 

April 13, 2016, Introduced by Senator SHIRKEY 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 promote safe and efficient travel for

motor vehicle drivers, bicyclists, pedestrians, and other legal

users of roads, streets, and highways; to set up and establish the

truck safety fund; to provide for the allocation of funds from the

truck safety fund and administration of the fund for truck safety

purposes; to set up and establish the Michigan truck safety

commission; to establish certain standards for road contracts for

certain businesses; to provide for the continuing review of

transportation needs within the state; to authorize the state

transportation commission, counties, cities, and villages to borrow

money, issue bonds, and make pledges of funds for transportation

purposes; to authorize counties to advance funds for the payment of

deficiencies necessary for the payment of bonds issued under this

act; to provide for the limitations, payment, retirement, and


security of the bonds and pledges; to provide for appropriations

and tax levies by counties and townships for county roads; to

authorize contributions by townships for county roads; to provide

for the establishment and administration of the state trunk line

fund, local bridge fund, comprehensive transportation fund, and

certain other funds; to provide for the deposits in the state trunk

line fund, critical bridge fund, comprehensive transportation fund,

and certain other funds of money raised by specific taxes and fees;

to provide for definitions of public transportation functions and

criteria; to define the purposes for which Michigan transportation

funds may be allocated; to provide for Michigan transportation fund

grants; to provide for review and approval of transportation

programs; to provide for submission of annual legislative requests

and reports; to provide for the establishment and functions of

certain advisory entities; to provide for conditions for grants; to

provide for the issuance of bonds and notes for transportation

purposes; to provide for the powers and duties of certain state and

local agencies and officials; to provide for the making of loans

for transportation purposes by the state transportation department

and for the receipt and repayment by local units and agencies of

those loans from certain specified sources; and to repeal acts and

parts of acts,"

 

by amending sections 1h and 1i (MCL 247.651h and 247.651i), section

 

1h as amended by 2008 PA 501 and section 1i as added by 2001 PA

 

259.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

     Sec. 1h. (1) The department shall develop and implement a

 

life-cycle cost analysis for each project for which total pavement

 

costs exceed $1,000,000.00 funded in whole, or in part, with state

 

funds. The department shall design and award paving projects

 

utilizing material having the lowest life-cycle cost, and shall

 

consider the entire life-cycle cost of the project and not just the

 

initial cost of the project in designing and awarding paving

 

projects. All pavement design life shall ensure that state funds

 

are utilized as efficiently as possible.

 

     (2) As used in this section, "life-cycle cost" means the total

 

of the cost of the initial project plus all anticipated costs for

 

subsequent maintenance, repair, or resurfacing over the life of the


pavement.

 

     (3) Except as otherwise provided in this section, life-cycle

 

cost shall compare equivalent designs and shall be based upon

 

Michigan's actual historic project maintenance, repair, and

 

resurfacing schedules and costs as recorded by the pavement

 

management system, and shall include estimates of user costs

 

throughout the entire pavement life.

 

     (4) For pavement projects for which there are no relevant

 

Michigan actual historic project maintenance, repair, and

 

resurfacing schedules and costs as recorded by the pavement

 

management system, the department may use actual either of the

 

following as a substitute for the requirements listed in subsection

 

(3):

 

     (a) Actual historical and comparable data for reasonably

 

equivalent designs from states with similar climates, soil

 

structures, or vehicle traffic.another state or a foreign country

 

that otherwise comply with the laws of this state.

 

     (b) Pursuant to an express written request from the director

 

of the department and subject to legislative approval by passage of

 

a concurrent resolution, sufficiently successful preliminary

 

results from a lawful demonstration project currently underway as

 

described in section 1i.

 

     Sec. 1i. (1) Notwithstanding section 1h and subject to

 

subsection (5), the department may conduct not more than 4 10

 

pavement demonstration projects each year to evaluate new

 

construction methods, materials, or design for highways, roads, or

 

streets to be used by motor vehicles, no more than 4 of which may

 


be conducted for the purposes described in subsection (2)(b) and

 

(c). The department may offer or conduct a pavement demonstration

 

project that may be all or a portion of that project using either

 

concrete or asphalt as determined by the department. Each

 

demonstration project shall include measurable goals and objectives

 

for determining the success of that project. The department shall

 

measure the interim success of each demonstration project each year

 

and make a final report for each demonstration project following

 

the demonstration life of the project, which may be shorter than

 

the actual pavement life of the material used for the project, that

 

assesses the cost-effectiveness and performance of the pavement

 

materials and design used in the project and compares the results

 

to the pavement material identified under the department's standard

 

pavement selection process.

 

     (2) Demonstration projects shall be selected using any of the

 

following criteria:

 

     (a) Pavement designs intended to increase pavement life

 

expectancy in a manner that will result in lowered life-cycle

 

costs.

 

     (b) Pavement designs intended to improve performance,

 

including, but not limited to, friction, surface stress, reduction

 

of noise, and improvement of ride quality.

 

     (c) Comparisons of performance of various types of pavement.

 

     (3) The total cost of contracts awarded for demonstration

 

projects under this section using asphalt and concrete shall not

 

exceed a difference of more than 20% 40% between the respective

 

paving materials in any consecutive 2-year period. Nothing in this

 


subsection requires, or shall be construed to require, that any

 

individual demonstration project be duplicated with both of the

 

respective paving materials. As used in this subsection, "total

 

costs" means the initial engineer's estimated costs of the pavement

 

design portion of the project.

 

     (4) The director shall provide an annual report, not later

 

than February 1 of each year, to the senate and house of

 

representatives transportation standing committees and the senate

 

and house of representatives appropriations subcommittees on

 

transportation regarding the status of each demonstration project.

 

     (5) A lack of Michigan actual historic project maintenance,

 

repair, and resurfacing schedules and costs as recorded by the

 

pavement management system does not preclude the department from

 

conducting a pavement demonstration project under this section.

 

     Enacting section 1. This amendatory act takes effect 90 days

 

after the date it is enacted into law.