June 6, 2018, Introduced by Senators STAMAS, HORN, KNEZEK, HANSEN and SCHMIDT and referred to the Committee on Energy 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 the title and sections 13 and 14 (MCL 247.183 and
247.184), section 13 as amended by 2005 PA 103.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
TITLE
An act to prohibit obstructions and encroachments on public
highways; ,
to provide for the removal thereof,
of obstructions and
encroachments on public highways; to prescribe the conditions under
which telegraph, telephone, power, and other public utility
companies, cable television companies, broadband companies, and
municipalities may enter upon, construct, and maintain telegraph,
telephone,
power, or cable television, lines,
or broadband 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 prescribe penalties for the
violation
of this act.and provide
remedies.
Sec. 13. (1) Except as otherwise provided under subsection
(2), telegraph, telephone, power, and other public utility
companies, cable television companies, broadband companies, and
municipalities may enter upon, construct, and maintain telegraph,
telephone, or power lines, pipe lines, 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,
broadband 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, 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 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 be calculated to reflect a 1-time
installation permit fee that shall 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 be used for capital and maintenance expenses
incurred for limited access highways, including the cost of issuing
the permit.
(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 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 be deposited in the state trunk
line fund. The department may accept facilities or in-kind services
to be used for public purposes in lieu of, or in addition to,
monetary compensation.
Sec.
14. (1) In case it is proposed A person that proposes to
construct a telegraph, telephone, power line or cable television
line, broadband line, pipe lines, wires, cables, poles, conduits,
sewers, or like structures upon, over or under a county road or
bridge, shall obtain the consent of the board of county road
commissioners
shall be obtained before the commencing work. of
such
construction
shall be commenced; and in case it is proposed
(2) A person that proposes to construct a telegraph,
telephone, power line, cable television line, broadband line, pipe
line, wires, cables, poles, conduits, sewers or like structures,
upon, over or under a state trunk line highway, or upon, over or
under
any bridge that the this state has participated in
constructing, shall obtain the consent of the state highway
commissioner
shall be obtained before the commencing work. of
such
construction
shall be commenced.
Enacting section 1. This amendatory act takes effect 90 days
after the date it is enacted into law.