HOUSE BILL No. 5098

October 12, 2017, Introduced by Reps. Hoitenga, Griffin and Phelps and referred to the Committee on Communications and Technology.

A bill to amend 1925 PA 368, entitled

"An act to prohibit obstructions and encroachments on public

highways, to provide for the removal thereof, to prescribe the

conditions under which telegraph, telephone, power, and other

public utility companies, cable television companies and

municipalities may enter upon, construct and maintain telegraph,

telephone, power or cable television lines, pipe lines, wires,

cables, poles, conduits, sewers and like structures upon, over,

across or under public roads, bridges, streets and waters and to

provide penalties for the violation of this act,"

by amending section 13 (MCL 247.183), as amended by 2005 PA 103.

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

Sec. 13. (1) Except as otherwise provided under subsection

(2), telegraph, telephone, power, and other public utility

companies, cable television companies, and municipalities may enter

upon, construct, and maintain telegraph, telephone, or power lines,

~~pipe lines,~~ pipelines, wires, cables, poles, conduits, sewers or

similar structures upon, over, across, or under any public road,

bridge, street, or public place, including, longitudinally within

limited access highway rights-of-way, and across or under any of

the waters in this state, with all necessary erections and fixtures

for that purpose. A telegraph, telephone, power, and other public

utility company, cable television company, and municipality, before

any of this work is commenced, shall first obtain the consent of

the governing body of the city, village, or township through or

along which these lines and poles are to be constructed and

maintained.

(2) A utility as defined in 23 CFR ~~645.105(m)~~ 645.105 may

enter upon, construct, and maintain utility lines and structures,

including ~~pipe lines,~~ pipelines, longitudinally within limited

access highway rights-of-way and under any public road, street, or

other subsurface that intersects any limited access highway at a

different grade, in accordance with standards approved by the state

transportation commission and the Michigan public service

commission that conform to governing federal laws and regulations

and is not required to obtain the consent of the governing body of

the city, village, or township as required under subsection (1).

The standards ~~shall~~ must require that the lines and structures be

underground and be placed in a manner that will not increase

highway maintenance costs for the state transportation department.

The standards may provide for the imposition of a reasonable charge

for longitudinal use of limited access highway rights-of-way. The

imposition of a reasonable charge is a governmental function,

offsetting a portion of the capital, maintenance, and permitting

expense of the limited access highway, and is not a proprietary

function. The charge ~~shall~~ must be calculated to reflect a 1-time

installation permit fee that ~~shall~~ does not exceed $1,000.00 per

mile of longitudinal use of limited access highway rights-of-way

with a minimum fee of $5,000.00 per permit. If the 1-time

installation permit fee does not cover the reasonable and actual

costs to the department in issuing the permit, the department may

assess the utility for the remaining balance. All revenue received

under this subsection ~~shall~~ must be used for capital and

maintenance expenses incurred for limited access highways,

including the cost of issuing the permit.

(3) Subject to subsection (6), a city, village, township, or

county or the state transportation department shall send a written

notification by first-class mail or electronic mail to an entity

holding a license under the Michigan telecommunications act, 1991

PA 179, MCL 484.2101 to 484.2603, or holding a franchise under the

uniform video services local franchise act, 2006 PA 480, MCL

484.3301 to 484.3315, if the city, village, township, or county or

the state transportation department requests or requires the entity

to temporarily or permanently relocate its facilities for any

reason, including, but not limited to, to protect those facilities

due to construction or other activity by the city, village,

township, or county or the state transportation department. Except

as otherwise provided in this subsection, a city, village,

township, or county or the state transportation department shall

send the written notification required by this subsection at least

1 year before the relocation is to occur. If a city, village,

township, or county or the state transportation department learns

of a project or secures funding for a project less than 1 year

before the planned start date of the project, the city, village,

township, or county or the state transportation department shall

send the written notification required by this subsection within 30

days of learning of the project or securing funding for the

project. Written notification under this subsection must identify

the specific rights-of-way affected, including the beginning and

ending points, affected cross streets and structures, and the

planned start date of the project.

(4) If a city, village, township, or county or the state

transportation department requests or requires an entity to

relocate facilities, the city, village, township, or county or the

state transportation department may require the entity to obtain a

permit for the relocation of the facilities but shall waive any

permit fees or inspection fees including, but not limited to, any

permit fee under subsection (2).

(5) A city, village, township, or county or the state

transportation department shall not request or require an entity to

conduct any study related to relocating facilities.

(6) Subsection (3) does not apply if a city, village,

township, or county or the state transportation department is

requesting or requiring the relocation because of an act of God or

emergency.

(7) ~~(3)~~ A person engaged in the collection of traffic data or

the provision of travel-related information or assistance may enter

upon, construct, and maintain electronic devices and related

structures within limited access and other highway rights-of-way in

accordance with standards approved by the state transportation

commission that conform to governing federal laws and regulations.

The standards ~~shall~~ must require that the devices and structures be

placed in a manner that will not impede traffic and will not

increase maintenance costs for the state transportation department.

The state transportation department may enter into agreements to

authorize the use of property acquired for or designated as a

highway or acquired for or designated for ancillary purposes for

the installation, operation, and maintenance of commercial or

noncommercial electronic devices and related structures for the

collection of traffic data or to assist in providing travel-related

information or assistance to motorists who subscribe to travel-

related services, the public, or the department. Any revenue

generated by the agreements ~~shall~~ must be deposited in the state

trunk line fund established under section 11 of 1951 PA 51, MCL

247.661. The department may accept facilities or in-kind services

to be used for public purposes in lieu of, or in addition to,

monetary compensation.

(8) As used in this section:

(a) "Act of God" means an unanticipated grave natural disaster

or other natural phenomenon of an exceptional, inevitable, and

irresistible character, the effects of which could not have been

prevented or avoided by the exercise of due care or foresight.

(b) "Emergency" includes, but is not limited to, flooding not

caused by an act of God, a water main break, a sewer line failure,

a natural gas leak, or an act of terrorism.