SB-149, Senate Concurred, September 24, 2019
SB-149, As Passed House, September 24, 2019
SUBSTITUTE FOR
SENATE BILL NO. 149
A bill to make appropriations for the state transportation
department for the fiscal year ending September 30, 2020; and to
provide for the expenditure of the appropriations.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
PART 1
LINE-ITEM APPROPRIATIONS
Sec. 101. There is appropriated for the state transportation
department for the fiscal year ending September 30, 2020, from the
following funds:
STATE TRANSPORTATION DEPARTMENT
APPROPRIATION SUMMARY
Full-time equated unclassified positions......... 6.0
Full-time equated classified positions....... 2,818.3
GROSS APPROPRIATION................................... $ 5,386,580,200
Total interdepartmental grants and intradepartmental
transfers............................................ 3,974,300
ADJUSTED GROSS APPROPRIATION.......................... $ 5,382,605,900
Federal revenues:
Federal aid - transportation programs................. 1,352,350,100
Total federal revenues................................ 1,352,350,100
Special revenue funds:
Local revenues........................................ 51,032,000
Private revenues...................................... 900,000
Total local and private revenues...................... 51,932,000
Blue Water Bridge fund................................ 24,879,600
Comprehensive transportation fund..................... 353,651,700
Economic development fund............................. 56,329,000
Intercity bus equipment fund.......................... 100,000
Local bridge fund..................................... 31,458,500
Michigan transportation fund.......................... 1,835,530,500
Qualified airport fund................................ 5,850,000
Rail freight fund..................................... 6,000,000
State aeronautics fund................................ 16,594,800
State trunkline fund.................................. 1,247,929,700
Total other state restricted revenues................. 3,578,323,800
State general fund/general purpose.................... $ 400,000,000
Sec. 102. DEBT SERVICE
Airport safety and protection plan.................... $ 3,435,800
Blue Water Bridge fund................................ 6,886,400
Comprehensive transportation.......................... 10,896,000
Economic development.................................. 11,638,000
Local bridge fund..................................... 2,380,700
State trunkline....................................... 178,660,600
GROSS APPROPRIATION................................... $ 213,897,500
Appropriated from:
Federal revenues:
Federal aid - transportation programs................. 81,155,000
Special revenue funds:
Blue Water Bridge fund................................ 6,886,400
Comprehensive transportation fund..................... 10,896,000
Economic development fund............................. 11,638,000
Local bridge fund..................................... 2,380,700
State aeronautics fund................................ 3,435,800
State trunkline fund.................................. 97,505,600
State general fund/general purpose.................... $ 0
Sec. 103. COLLECTION, ENFORCEMENT, AND OTHER AGENCY
SUPPORT SERVICES
CTF grant to civil service commission................. $ 250,000
CTF grant to department of attorney general........... 106,400
CTF grant to department of technology, management, and
budget............................................... 50,900
CTF grant to department of treasury................... 33,100
CTF grant to legislative auditor general.............. 39,800
MTF grant to department of environment, Great Lakes,
and energy........................................... 1,383,000
MTF grant to department of state for collection of
revenue and fees..................................... 20,000,000
MTF grant to department of treasury................... 2,754,800
MTF grant to legislative auditor general.............. 322,100
SAF grant to civil service commission................. 150,000
SAF grant to department of attorney general........... 185,100
SAF grant to department of technology, management, and
budget............................................... 38,300
SAF grant to department of treasury................... 73,500
SAF grant to legislative auditor general.............. 31,000
STF grant to civil service commission................. 6,321,000
STF grant to department of attorney general........... 2,076,800
STF grant to department of state police............... 11,903,300
STF grant to department of technology, management, and
budget............................................... 1,460,000
STF grant to department of treasury................... 149,700
STF grant to legislative auditor general.............. 748,200
GROSS APPROPRIATION................................... $ 48,077,000
Appropriated from:
Special revenue funds:
Comprehensive transportation fund..................... 480,200
Michigan transportation fund.......................... 24,459,900
State aeronautics fund................................ 477,900
State trunkline fund.................................. 22,659,000
State general fund/general purpose.................... $ 0
Sec. 104. DEPARTMENTAL ADMINISTRATION AND SUPPORT
Full-time equated unclassified positions......... 6.0
Full-time equated classified positions......... 252.3
Unclassified salaries--6.0 FTE positions.............. $ 824,100
Asset management council.............................. 1,876,400
Business support services--42.0 FTE positions......... 6,749,400
Commission audit--29.3 FTE positions.................. 3,481,400
Economic development and enhancement programs--10.0
FTE positions........................................ 1,701,400
Finance, contracts, and support services--171.0 FTE
positions............................................ 21,973,400
Property management................................... 7,254,400
Road construction unionized labor study............... 50,000
Worker's compensation................................. 1,874,300
GROSS APPROPRIATION................................... $ 45,784,800
Appropriated from:
Interdepartmental grant revenues:
IDG for accounting service center user charges........ 3,974,300
Special revenue funds:
Comprehensive transportation fund..................... 1,588,000
Economic development fund............................. 394,400
Michigan transportation fund.......................... 4,382,900
State aeronautics fund................................ 717,200
State trunkline fund.................................. 34,728,000
State general fund/general purpose.................... $ 0
Sec. 105. INFORMATION TECHNOLOGY
Information technology services and projects.......... $ 39,035,000
GROSS APPROPRIATION................................... $ 39,035,000
Appropriated from:
Federal revenues:
Federal aid - transportation programs................. 520,500
Special revenue funds:
Blue Water Bridge fund................................ 56,300
Comprehensive transportation fund..................... 228,900
Economic development fund............................. 37,800
Michigan transportation fund.......................... 299,100
State aeronautics fund................................ 178,500
State trunkline fund.................................. 37,713,900
State general fund/general purpose.................... $ 0
Sec. 106. TRANSPORTATION PLANNING
Full-time equated classified positions......... 137.0
Planning services--137.0 FTE positions................ $ 39,409,300
Grants to regional planning councils.................. 488,800
GROSS APPROPRIATION................................... $ 39,898,100
Appropriated from:
Federal revenues:
Federal aid - transportation programs................. 22,000,000
Special revenue funds:
Comprehensive transportation fund..................... 615,500
Michigan transportation fund.......................... 9,703,400
State aeronautics fund................................ 15,200
State trunkline fund.................................. 7,564,000
State general fund/general purpose.................... $ 0
Sec. 107. DESIGN AND ENGINEERING SERVICES
Full-time equated classified positions....... 1,506.3
Program development and delivery--1,031.3 FTE
positions............................................ $ 97,795,300
System operations management--357.0 FTE positions.... 56,231,200
Business services--118.0 FTE positions................ 17,154,300
GROSS APPROPRIATION................................... $ 171,180,800
Appropriated from:
Federal revenues:
Federal aid - transportation programs................. 23,529,800
Special revenue funds:
Comprehensive transportation fund..................... 187,100
Michigan transportation fund.......................... 13,013,900
State aeronautics fund................................ 160,300
State trunkline fund.................................. 134,289,700
State general fund/general purpose.................... $ 0
Sec. 108. HIGHWAY MAINTENANCE
Full-time equated classified positions......... 760.7
State trunkline operations--760.7 FTE positions....... $ 405,641,800
GROSS APPROPRIATION................................... $ 405,641,800
Appropriated from:
Special revenue funds:
State trunkline fund.................................. 405,641,800
State general fund/general purpose.................... $ 0
Sec. 109. ROAD AND BRIDGE PROGRAMS
Cities and villages................................... $ 621,156,000
County road commissioners............................. 1,114,091,700
Grants to local programs.............................. 33,000,000
Local agency wetland mitigation bank fund............. 2,000,000
Local bridge program.................................. 29,077,800
Local federal aid and road and bridge construction... 278,400,300
Movable bridge fund................................... 5,337,300
Rail grade crossing................................... 3,000,000
Rail grade crossing-surface improvements.............. 3,000,000
State trunkline federal aid and road and bridge
construction......................................... 1,329,604,600
GROSS APPROPRIATION................................... $ 3,418,667,700
Appropriated from:
Federal revenues:
Federal aid - transportation programs................. 1,065,094,800
Special revenue funds:
Local funds........................................... 30,003,500
Blue Water Bridge fund................................ 11,341,100
Local bridge fund..................................... 29,077,800
Michigan transportation fund.......................... 1,781,585,000
State trunkline fund.................................. 501,565,500
State general fund/general purpose.................... $ 0
Sec. 110. FIXING MICHIGAN ROADS
General fund fixing roads and bridges................. 400,000,000
GROSS APPROPRIATION................................... $ 400,000,000
Appropriated from:
Special revenue funds:
State general fund/general purpose.................... $ 400,000,000
Sec. 111. BLUE WATER BRIDGE
Full-time equated classified positions.......... 41.0
Blue Water Bridge operations--41.0 FTE positions..... $ 6,595,800
GROSS APPROPRIATION................................... $ 6,595,800
Appropriated from:
Special revenue funds:
Blue Water Bridge fund................................ 6,595,800
State general fund/general purpose.................... $ 0
Sec. 112. TRANSPORTATION ECONOMIC DEVELOPMENT
Community service infrastructure fund................. $ 3,000,000
Forest roads.......................................... 5,000,000
Rural county primary.................................. 8,314,700
Rural county urban system............................. 2,500,000
Target industries/economic development................ 17,129,400
Urban county congestion............................... 8,314,700
GROSS APPROPRIATION................................... $ 44,258,800
Appropriated from:
Special revenue funds:
Economic development fund............................. 44,258,800
State general fund/general purpose.................... $ 0
Sec. 113. AERONAUTICS SERVICES
Full-time equated classified positions.......... 46.0
Air fleet operations and maintenance--8.0 FTE
positions............................................ $ 1,774,500
Air service program................................... 250,000
Aviation services--38.0 FTE positions................. 5,616,600
GROSS APPROPRIATION................................... $ 7,641,100
Appropriated from:
State aeronautics fund................................ 7,641,100
State general fund/general purpose.................... $ 0
Sec. 114. PUBLIC TRANSPORTATION SERVICES
Full-time equated classified positions.......... 36.0
Passenger transportation services--36.0 FTE positions $ 5,874,700
GROSS APPROPRIATION................................... $ 5,874,700
Appropriated from:
Federal revenues:
Federal aid - transportation programs................. 972,100
Special revenue funds:
Comprehensive transportation fund..................... 4,902,600
State general fund/general purpose.................... $ 0
Sec. 115. LOCAL BUS TRANSIT
Local bus operating................................... $ 190,750,000
Nonurban operating/capital............................ 30,027,900
GROSS APPROPRIATION................................... $ 220,777,900
Appropriated from:
Federal revenues:
Federal aid - transportation programs................. 28,027,900
Special revenue funds:
Comprehensive transportation fund..................... 190,750,000
Local funds........................................... 2,000,000
State general fund/general purpose.................... $ 0
Sec. 116. INTERCITY PASSENGER
Full-time equated classified positions.......... 39.0
Detroit/Wayne County Port Authority................... $ 418,200
Freight property management........................... 1,000,000
Intercity services.................................... 7,860,000
Marine passenger service.............................. 1,500,000
Office of rail--39.0 FTE positions.................... 6,656,500
Rail freight, rail economic development............... 67,566,700
Rail passenger........................................ 18,000,000
GROSS APPROPRIATION................................... $ 103,001,400
Appropriated from:
Federal revenues:
Federal aid - transportation programs................. 14,500,000
Special revenue funds:
Local funds........................................... 760,000
Private funds......................................... 900,000
Comprehensive transportation fund..................... 77,894,400
Intercity bus equipment fund.......................... 100,000
Michigan transportation fund.......................... 2,086,300
Rail freight fund..................................... 6,000,000
State trunkline fund.................................. 760,700
State general fund/general purpose.................... $ 0
Sec. 117. PUBLIC TRANSPORTATION DEVELOPMENT
Municipal credit program.............................. $ 2,000,000
Service initiatives................................... 4,589,200
Specialized services.................................. 18,438,900
Transit capital - urban............................... 32,317,400
Transit capital - nonurban............................ 24,303,300
Transportation to work................................ 3,875,000
Van pooling........................................... 195,000
Incentive challenge fund.............................. 100
GROSS APPROPRIATION................................... $ 85,718,900
Appropriated from:
Federal revenues:
Federal aid - transportation programs................. 26,850,000
Special revenue funds:
Local funds........................................... 5,760,000
Comprehensive transportation fund..................... 53,108,900
State general fund/general purpose.................... $ 0
Sec. 118. CAPITAL OUTLAY
(1) BUILDINGS AND FACILITIES
Salt storage buildings and containment control........ $ 2,500,000
Special maintenance, remodeling, and additions........ 3,001,500
GROSS APPROPRIATION................................... $ 5,501,500
Appropriated from:
Special revenue funds:
State trunkline fund.................................. 5,501,500
State general fund/general purpose.................... $ 0
(2) AIRPORT IMPROVEMENT PROGRAMS
Airport safety, protection and improvement program... $ 95,477,300
Detroit Metropolitan Wayne County Airport............. 5,850,000
GROSS APPROPRIATION................................... $ 101,327,300
Appropriated from:
Federal revenues:
Federal aid - transportation programs................. 79,000,000
Special revenue funds:
Local funds........................................... 12,508,500
Qualified airport fund................................ 5,850,000
State aeronautics fund................................ 3,968,800
State general fund/general purpose.................... $ 0
Sec. 119. ONE-TIME BASIS ONLY
Carbide dock/Soo Locks project........................ $ 1,000,000
Freight rail economic development..................... 100
Rail grade separation project......................... 22,700,000
GROSS APPROPRIATION................................... $ 23,700,100
Appropriated from:
Federal aid........................................... 10,700,000
Comprehensive transportation fund..................... 13,000,100
State general fund/general purpose - one-time......... $ 0
PART 2
PROVISIONS CONCERNING APPROPRIATIONS
FOR FISCAL YEAR 2019-2020
GENERAL SECTIONS
Sec. 201. Pursuant to section 30 of article IX of the state
constitution of 1963, total state spending from state sources under
part 1 for fiscal year 2019-2020 is $3,978,323,800.00 and state
spending from state sources to be paid to local units of government
for fiscal year 2019-2020 is $2,380,150,900.00. The itemized
statement below identifies appropriations from which spending to
local units of government will occur:
STATE TRANSPORTATION DEPARTMENT
Grants to regional planning councils.................. $ 488,800
Cities and villages................................... 688,191,000
County road commissions............................... 1,234,324,200
Grants to local programs.............................. 33,000,000
Local bridge program.................................. 54,077,800
Local bridge projects................................. 67,500,000
Local agency wetland mitigation....................... 2,000,000
Movable bridge........................................ 2,668,700
Rail grade crossing................................... 1,500,000
Rail grade surface crossing improvements.............. 3,000,000
Transportation economic development................... 37,749,600
Air service program................................... 250,000
Local bus operating................................... 190,750,000
Detroit/Wayne County Port Authority................... 418,200
Marine passenger service.............................. 1,000,000
Municipal credit program.............................. 2,000,000
Service initiatives................................... 2,614,200
Specialized services.................................. 4,353,900
Transit capital....................................... 40,070,700
Transportation to work................................ 4,375,000
Airport safety, protection, and improvement program.. 3,968,800
Detroit Metropolitan Wayne County Airport............. 5,850,000
Total payments to local units of government........... $ 2,380,150,900
Sec. 202. The appropriations authorized under this part and
part 1 are subject to the management and budget act, 1984 PA 431,
MCL 18.1101 to 18.1594.
Sec. 203. As used in this part and part 1:
(a) "CTF" means comprehensive transportation fund.
(b) "Department" means the state transportation department.
(c) "Director" means the director of the department.
(d) "DOT" means the United States Department of
Transportation.
(e) "DOT-FHWA" means DOT, Federal Highway Administration.
(f) "FTE" means full-time equated.
(g) "IDG" means interdepartmental grant.
(h) "MTF" means Michigan transportation fund.
(i) "SAF" means state aeronautics fund.
(j) "STF" means state trunkline fund.
Sec. 204. The departments and agencies receiving
appropriations in part 1 shall use the internet to fulfill the
reporting requirements of this part. 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. 205. 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 shall be given to
goods or services, or both, manufactured or provided by Michigan
businesses, if they are competitively priced and of comparable
quality. In addition, preference shall be given to goods or
services, or both, that are manufactured or provided by Michigan
businesses owned and operated by veterans, if they are
competitively priced and of comparable quality.
Sec. 206. The director shall take all reasonable steps to
ensure businesses in deprived and depressed communities compete for
and perform contracts to provide services or supplies, or both.
Each director shall strongly encourage firms with which the
department contracts to subcontract with certified businesses in
depressed and deprived communities for services, supplies, or both.
Sec. 207. The departments and agencies receiving
appropriations in part 1 shall prepare a report on out-of-state
travel expenses not later than January 1 of each year. The travel
report shall be a listing of 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 senate and house appropriations committees, the
house and senate fiscal agencies, and the state budget director.
The report shall include the following information:
(a) The dates of each travel occurrence.
(b) 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.
Sec. 208. Funds appropriated in part 1 shall not be used by a
principal executive department, state agency, or authority to hire
a person to provide legal services that are the responsibility of
the attorney general. This prohibition does not apply to legal
services for bonding activities and for those activities that the
attorney general authorizes.
Sec. 209. Not later than November 30, the state budget office
shall prepare and transmit a report that provides for estimates of
the total general fund/general purpose appropriation lapses at the
close of the prior fiscal year. This report shall summarize the
projected year-end general fund/general purpose appropriation
lapses by major departmental program or program areas. The report
shall be transmitted to the chairpersons of the senate and house of
representatives standing committees on appropriations and the
senate and house fiscal agencies.
Sec. 210. (1) In addition to the funds appropriated in part 1,
there is appropriated an amount not to exceed $40,000,000.00 for
federal contingency funds. These funds are not available for
expenditure until they have been transferred to another line item
in part 1 pursuant to section 393(2) of the management and budget
act, 1984 PA 431, MCL 18.1393.
(2) In addition to the funds appropriated in part 1, there is
appropriated an amount not to exceed $5,000,000.00 for state
restricted contingency funds. These funds are not available for
expenditure until they have been transferred to another line item
in part 1 pursuant to section 393(2) of the management and budget
act, 1984 PA 431, MCL 18.1393.
(3) In addition to the funds appropriated in part 1, there is
appropriated an amount not to exceed $1,000,000.00 for local
contingency funds. These funds are not available for expenditure
until they have been transferred to another line item in part 1
pursuant to section 393(2) of the management and budget act, 1984
PA 431, MCL 18.1393.
(4) In addition to the funds appropriated in part 1, there is
appropriated an amount not to exceed $1,000,000.00 for private
contingency funds. These funds are not available for expenditure
until they have been transferred to another line item in part 1
pursuant to section 393(2) of the management and budget act, 1984
PA 431, MCL 18.1393.
Sec. 211. The department shall cooperate with the department
of technology, management, and budget to maintain a searchable
website accessible by the public at no cost that includes, but is
not limited to, all of the following:
(a) Fiscal year-to-date expenditures by category.
(b) Fiscal year-to-date expenditures by appropriation unit.
(c) Fiscal year-to-date payments to a selected vendor,
including the vendor name, payment date, payment amount, and
payment description.
(d) The number of active department employees by job
classification.
(e) Job specifications and wage rates.
Sec. 212. Within 14 days after the release of the executive
budget recommendation, the department shall cooperate with the
state budget office to provide the senate and house appropriations
chairs, the senate and house appropriations subcommittees chairs,
and the senate and house fiscal agencies with an annual report on
estimated state restricted fund balances, state restricted fund
projected revenues, and state restricted fund expenditures for the
fiscal years ending September 30, 2019 and September 30, 2020.
Sec. 213. The department shall maintain, on a publicly
accessible website, a department scorecard that identifies, tracks,
and regularly updates key metrics that are used to monitor and
improve the department's performance.
Sec. 214. Total authorized appropriations from all sources
under part 1 for legacy costs for the fiscal year ending September
30, 2020 are $63,863,700.00. From this amount, total agency
appropriations for pension-related legacy costs are estimated at
$31,045,600.00. Total agency appropriations for retiree health care
legacy costs are estimated at $32,818,100.00.
Sec. 215. A department shall not take disciplinary action
against an employee for communicating with a member of the
legislature or his or her staff. The department shall not require
state employees of the department to report communications with a
legislator or legislative staff.
Sec. 217. The department shall provide notice to the speaker
of the house, the house minority leader, the senate majority
leader, the senate minority leader, the house and senate standing
committees on transportation, the appropriate house and senate
appropriations subcommittees on transportation, and the house and
senate fiscal agencies on proposed federal rule changes related to
the department that would require amendments to the laws of this
state. The notice shall be given within 30 business days of the
proposed federal rule being posted to the federal register and
shall include a description of the proposed federal rule, the
publication date, the date when public comment closes, the document
citation, and a description of the statutory changes needed when
the rule is finalized.
Sec. 270. In order to reduce costs and maintain quality, it is
the intent of the legislature that, excluding the fleet of motor
vehicles for the department of state police, the department will
prioritize the utilization of remanufactured parts as the primary
means of maintenance and repair for the state of Michigan's fleet
of motor vehicles.
Sec. 280. From the general funds appropriated in part 1,
section 110, the department shall expend funds and award grants as
follows:
(a) One hundred thirty-two million of ongoing general fund
dollars shall be used for road and bridge construction and
distributed to the following entities in the following amounts:
(i) To county road commissioners, $51,612,000.00 shall be
distributed in accordance with section 12 of 1951 PA 51, MCL
247.662.
(ii) To cities and villages, $28,776,000.00 shall be
distributed in accordance with section 13 of 1951 PA 51, MCL
247.663.
(iii) To the department, $51,612,000.00 shall be distributed
for road and bridge construction and maintenance of the state
trunkline.
(b) Not more than $25,000,000.00 shall be used on a one-time
basis for the local bridge program.
(c) The remaining $243,000,000.00 shall be expended on a one-
time basis to the following projects in the following order:
(i) To the following bridge projects:
(A) A bridge between Service Drive and Rotunda Drive owned by
a county with a population over 1,750,000 in a city with a
population between 98,100 and 98,200 according to the most recent
federal decennial census.
(B) A bridge between 168th Avenue and Landing Drive owned by a
city with a population between 2,850 and 2,900 in a county with a
population between 260,000 and 270,000 according to the most recent
federal decennial census.
(C) A bridge east of Lakeshore Drive owned by a county with a
population between 800,000 and 900,000 in a township with a
population between 24,500 and 24,600 according to the most recent
federal decennial census.
(D) A bridge between Platt Street and River Street owned by a
city with a population between 114,200 and 114,300 in a county with
a population between 280,000 and 290,000 according to the most
recent federal decennial census.
(ii) To county road commissioners, cities and villages, and
the department in proportion to the distribution amounts identified
in section 10(l) of 1951 PA 51, MCL 247.660. Distributions to
county road commissioners shall be made in accordance with section
12 of 1951 PA 51, MCL 247.662. Distributions to cities and villages
shall be made in accordance with section 13 of 1951 PA 51, MCL
247.663.
DEPARTMENT ADMINISTRATION AND SUPPORT
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,
unless otherwise stipulated by law. All permit fees are
nonrefundable application fees and shall be credited to the
appropriate 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. Public hearings under this section shall make reasonable
accommodations to allow for participation by the public through
electronic formats, including the opportunity to view the public
hearing through internet broadcast and to submit comments by
digital means.
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. (1) The department may 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 and improve the property.
(2) 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. 306. (1) The amounts appropriated in part 1 to support
tax and fee collection, law enforcement, and other program services
provided to the department and to transportation funds by other
state departments shall be expended from transportation funds
pursuant to annual contracts between the department and those other
state departments. The contracts shall be executed prior to the
expenditure or obligation of those funds. The contracts shall
provide, but are not limited to, the following data applicable to
each state department:
(a) Estimated costs to be recovered from transportation funds.
(b) Description of services provided to the department and/or
transportation funds and financed with transportation funds.
(c) Detailed cost allocation methods appropriate to the type
of services being provided and the activities financed with
transportation funds.
(2) Not later than 2 months after publication of the state of
Michigan comprehensive annual financial report, each state
department receiving funding pursuant to an interdepartment
contract with 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.
(3) The auditor general shall use a risk-based approach in
developing an audit program for the use of transportation funds.
Sec. 307. Before March 1 of each year, the department will
provide to the legislature, the state budget director, 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. By January 15, 2020, the department must provide a
report to the legislature that includes all of the following:
(a) A list of all real estate owned or held by the department.
(b) The current market value of any real estate owned or held
by the department.
(c) The amount paid for any real estate owned or held by the
department.
(d) A list of any real estate sold by the department during
the prior fiscal year, along with the amount of the sale and the
names of the purchasers of the real estate.
Sec. 309. No later than 90 days before the close of the fiscal
year, the department shall compile and issue a report to the
legislature regarding the use of employee accountability systems,
including electronic monitoring of FTEs, contractors, part-time
workers, and vendors. The report must include, but is not limited
to, all of the following:
(a) The number of individuals being monitored during the
fiscal year.
(b) The standards used to assess individual performance.
(c) Any general findings from the accountability systems.
(d) Any specific findings from the accountability systems.
(e) A list of any corrective measures taken as a result of any
findings from the accountability systems.
(f) The standards by which the department applied personnel
corrective measures.
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. From funds appropriated in part 1, the department
shall research 3 options for the relocation of its 3 highest rent
operations to an area within the state located in a unit of
government that is an enterprise zone under the enterprise zone
act, 1985 PA 224, MCL 125.2101 to 125.2123, and not within 150
miles of the state capitol. The department shall report to each
house of the legislature on its activities and findings under this
section.
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.
(3) The department shall submit a report to the state budget
director, the house and senate appropriations subcommittees on
transportation, and the house and senate fiscal agencies on the
status of the state infrastructure bank. The report shall be
submitted on or before December 1, 2019. The report shall include
all of the following:
(a) The balance in the state infrastructure bank at September
30, 2019, including a breakdown of the balance by cash and cash
equivalents, outstanding loans, and balance available for loan to
local agencies.
(b) A breakdown of the state infrastructure loan balance by
amounts designated as originating from federal sources and the
amounts originating from nonfederal sources.
(c) A list of outstanding loans by agency, original loan
amount, project description, loan term, and amount outstanding.
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. 320. From the funds appropriated in part 1, all payments
by the department to counties, cities, villages, and transit
agencies or authorities must be accompanied by a statement that
includes all of the following:
(a) The amount of the current payment.
(b) The date and estimated amount for the next payment.
(c) The dates and estimated payments for the next 12 months.
(d) The amount of any money being withheld by the department
and the date by which the money can be fully recovered.
Sec. 323. From the funds appropriated in part 1, the
department shall take all actions needed to develop a solicitation
for proposals for the sale of department-owned rail property
between Grayling and Gaylord by September 30, 2020. Any proposals
received by the department shall include a commitment to maintain
the rail property between Grayling and Gaylord as an operational
rail line.
Sec. 324. (1) From the funds appropriated in part 1, the
department shall take all actions needed to develop a solicitation
for proposals for the sale of the following state-owned airports in
this state by September 30, 2020:
(a) Romeo State Airport.
(b) Linden (Price's Airport).
(2) In developing solicitations for proposals under this
section, the department may include an option for the sale of all
state-owned airports in this state.
(3) Money from the sale of state-owned airports shall be used
to offset any costs associated with the sale, including costs
related to contract termination.
Sec. 327. From the funds appropriated in part 1, Road
Construction Unionized Labor Study, the department shall do all of
the following:
(a) Provide for economical, nondiscriminatory, neutral, and
efficient procurement of construction-related goods and services by
this state and political subdivisions of this state in awarding
contracts from funds appropriated in part 1.
(b) Not award any contract using funds appropriated in part 1
for the construction, repair, remodeling, or demolition of a
project to a prime contractor who, as a condition of awarding or
not awarding a contract to a subcontractor, does either of the
following:
(i) Requires or prohibits a subcontractor in the performance
of work to comply with any rates, terms or conditions, or fringe
benefit contributions of a collective bargaining agreement.
(ii) Requires or prohibits a subcontractor with employees to
pay into any health, welfare, educational, or retirement benefit
fund in which their employees do not participate.
(c) Perform a study analyzing the number of union labor hours
and nonunion labor hours used on state road construction projects.
(d) As used in this section, "project" means any actual
physical improvement to real property owned or leased by the
department, including, but not limited to, roads, bridges, runways,
rails, or a building or structure including the building's or
structure's grounds, approaches, services, and appurtenances.
Sec. 328. From the funds appropriated in part 1, section 104,
the department shall do the following:
(a) Not later than 90 days before the close of the fiscal
year, the department shall issue a report to each house of the
legislature regarding freedom of information act compliance by the
department that includes all of the following:
(i) The estimated cost and number of staff hours spent by the
department to comply with the freedom of information act during the
reporting period.
(ii) The estimated number of freedom of information act
requests to the department, listed by subject area, during the
reporting period.
(iii) A copy of each freedom of information act request to the
department during the reporting period.
(iv) A copy of each freedom of information act response by the
department to the requester during the reporting period.
(v) Any documents relating to an appeal or contested case
involving a freedom of information act request to the department
during the reporting period.
(b) The department shall submit the report described in
subdivision (a) in electronic format.
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. 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. The department shall not spend funds appropriated in
part 1 for the purpose of examining the potential association
between commercial signs, outdoor advertising signs, billboards,
digital billboards, or commercial electronic variable message signs
and motor vehicle activity or motor vehicle driver behavior.
Sec. 381. The department shall require as a condition of each
contract or subcontract for construction, maintenance, or
engineering services that the prequalified contractor or
prequalified subcontractor agree to use the E-Verify system to
verify that all persons hired during the contract term by the
contractor or subcontractor are legally present and authorized to
work in the United States. The department may verify this
information directly or may require contractors and subcontractors
to verify the information and submit a certification to the
department. The department shall report to the house and senate
appropriations committees and the house and senate fiscal agencies
by March 1 of each year describing the processes it has developed
and implemented under provisions of this section. As used in this
section, "E-Verify" means an internet-based system operated by the
Department of Homeland Security, U.S. Citizenship and Immigration
Services in partnership with the Social Security Administration.
Sec. 382. In administering a contract with a county road
commission, city, or village that allocates costs of construction
or reconstruction of highways, roads, and streets as provided in
section 18d of 1951 PA 51, MCL 247.668d, the department shall
submit the final cost-sharing bill to the county road commission,
city, or village not later than 2 years after the date of the final
contract payment to the construction contractor.
Sec. 383. (1) The department shall prepare a report on use of
department-owned aircraft during the fiscal year ending September
30, 2019. With respect to each department-owned aircraft, the
report shall include all of the following:
(a) Total hours of usage.
(b) Description of specific flights including dates of travel,
names of passengers including state agency, university, or local
government affiliation, travel origin and destination, and total
estimated costs associated with the air travel.
(2) The report shall be submitted to the senate and house
appropriations subcommittees on transportation, state budget
director, and the house and senate fiscal agencies no later than
February 1, 2020.
(3) The department shall maintain a system for recovering the
cost of operating department-owned aircraft through charges to
aircraft users.
(4) 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 or the speaker of the house of representatives and
only when the aircraft is already scheduled by state agencies on
related official state business.
Sec. 384. (1) Except as otherwise provided in subsection (2),
the department shall not obligate the state to expend any state
transportation revenue for construction planning or construction of
the Gordie Howe International Crossing or a renamed successor. In
addition, except as provided in subsection (2), the department
shall not commit the state to any new contract related to the
construction planning or construction of the Gordie Howe
International Crossing or a renamed successor that would obligate
the state to expend any state transportation revenue. An
expenditure for staff resources used in connection with project
activities, which expenditure is subject to full and prompt
reimbursement from Canada, shall not be considered an expenditure
of state transportation revenue.
(2) If the legislature enacts specific enabling legislation
for the construction of the Gordie Howe International Crossing or a
renamed successor, subsection (1) does not apply once the enabling
legislation goes into effect.
Sec. 385. (1) The department shall submit monthly reports to
the state budget director, the speaker of the house of
representatives, the house of representatives minority leader, the
senate majority leader, the senate minority leader, the house and
senate appropriations subcommittees on transportation, and the
house and senate fiscal agencies on all of the following:
(a) All expenditures made by the state related to the Gordie
Howe Bridge.
(b) All reimbursements made by Canada under section 384(1) of
this part to the state for expenditures for staff resources used in
connection with project activities.
(2) The initial report required under subsection (1) shall be
submitted on or before December 1, 2019. The initial report shall
cover the fiscal year ending September 30, 2019.
Sec. 386. (1) On or before May 1 of each year, the department
shall submit a report to the state budget director, the house and
senate appropriations subcommittees on transportation, and the
house and senate fiscal agencies on its toll credit program. The
report shall include the following information:
(a) The amount of toll credits earned and certified by the
DOT-FHWA in the prior fiscal year.
(b) The value of toll credits used by programs and projects in
the previous fiscal year.
(c) The balance of available toll credits at the end of the
prior fiscal year.
(d) A discussion of the department's strategy for using toll
credits.
(2) The department shall use toll credits to match grants from
federal funds in the following order of priority:
(a) State trunkline and local agency road and bridge
construction and preservation projects.
(b) Rail infrastructure projects.
(c) Transit capital grants.
(d) Aeronautics capital grants.
(e) Any other eligible projects.
(f) Bike paths.
Sec. 387. (1) Within 60 days of completion of any formal
traffic study, formal traffic control study, or formal traffic
mitigation study, the department shall post the results of the
study on the department's website.
(2) As used in this section, the terms "traffic study",
"traffic control study", and "traffic mitigation study" include,
but are not limited to, investigations into the need for traffic
lights, reviews of traffic speeds and related recommendations
regarding speed limits, and ways to improve traffic flow during
peak travel times.
Sec. 389. Within 30 days of entering into a long-term
agreement with a private contractor, a public agency, or a
partnership between 1 or more private contractors or public
agencies, the department shall notify the state budget director,
the house and senate appropriations subcommittees on
transportation, and the house and senate fiscal agencies of the
agreement, including the subject of the agreement, the term of the
agreement, and financial obligations under the agreement. As used
in this section, "long-term agreement" means an agreement that
obligates the department for a period of 5 years or more and that
actually or contingently obligates the department to make payments
over the contract period of $5,000,000.00 or more.
Sec. 390. (1) Within 14 days after the release of the
executive budget recommendation, the department shall report on
prior fiscal year revenues, expenditures, and ending balances,
including a description of obligations or restrictions in ending
balances, for the following funds and accounts:
(a) The moveable bridge fund.
(b) The rail grade crossing account.
(c) The transportation economic development fund.
(d) The roads and risks reserve fund.
(e) Any unencumbered general fund revenue.
(f) Any unexpended federal earmarks.
(2) The department shall transmit the reports required under
this section to the state budget director, the house and senate
appropriations subcommittees on transportation, and the house and
senate fiscal agencies.
Sec. 391. The department shall not use any funds from the
appropriations in part 1 to perform, or to assist any other state
department in performing, inspections or testing of motor fuel
quality.
Sec. 393. The department shall promote best practices for
public transportation services in this state, including, but not
limited to, the following:
(a) Transit vehicle rehabilitation to reduce life-cycle cost
of public transportation through midlife rehabilitation of transit
buses.
(b) Cooperation between entities using transit, including
school districts, cities, townships, and counties with a view to
promoting cost savings through joint purchasing of fuel and other
procurements.
(c) Coordination of transportation dollars among state
departments which provide transit-related services, including the
department of health and human services. Priority should be given
to use of public transportation services where available.
(d) Promotion of intelligent transportation services for buses
that incorporate computer and navigation technology to make transit
systems more efficient, including stoplight coordinating, vehicle
tracking, data tracking, and computerized scheduling.
Sec. 394. The department and local road agencies shall make
the preservation of their existing road networks a funding
priority.
Sec. 395. From the funds appropriated in part 1 for state
trunkline federal aid road and bridge construction, the department
may expend up to $10,000,000.00 on highway maintenance activities
to support safety-related, high-priority, and other deferred
routine maintenance needs on Michigan's state trunkline network.
Sec. 396. In soliciting proposals for contractual services,
other than construction contracts, the department shall obtain
assurance that the respondents have the financial capability,
equipment, work force, and prior work experience sufficient to
perform the proposed services.
Sec. 398. The department shall continue to work to eliminate
fatalities and serious injuries on Michigan's trunkline and shall
maintain the Toward Zero Deaths statewide safety campaign. The
department shall prioritize additional median cable guardrail
installation when appropriate to address trunkline locations with a
history of correctable fatal and serious injury crashes.
FEDERAL
Sec. 402. A portion of the federal DOT-FHWA highway research,
planning, and construction funds made available to this 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. The state restricted transportation
funds received in exchange for federal aid funds shall be used for
the same purpose as the federal aid funds were originally intended.
Sec. 403. After meeting the capital needs of existing section
5310 subrecipients, the department shall include in its grant
application to the Federal Transit Administration replacement buses
for rural transit agencies to the maximum extent possible based on
the federal regulations that govern the section 5310 program.
MICHIGAN TRANSPORTATION FUND
Sec. 501. The money received under the motor carrier act, 1933
PA 254, MCL 475.1 to 479.42, and not appropriated to the department
of licensing and regulatory affairs or the department of state
police is deposited in the Michigan transportation fund.
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) In addition to the funds appropriated in part 1, the
department of transportation economic development fund and local
bridge fund may receive federal, local, or private funds or
restricted source funds such as interest earnings. These funds are
appropriated for projects that are consistent with the purposes of
the respective funds.
(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. Funds from the Michigan transportation fund shall be
distributed to the comprehensive transportation fund, the economic
development fund, the recreation improvement fund, and the state
trunkline fund, in accordance with this part and part 1 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 part and part 1, 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.
STATE TRUNKLINE FUND
Sec. 601. The department shall maintain documentation to
support initial acceptance of warrantied projects, interim and
final inspections, and notifications to contractors that the
warranty period had expired. The department also shall review and
evaluate consultant evaluation requirements or recommendations and
update existing policies and procedures accordingly.
Sec. 604. 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. 605. (1) From the increased funds appropriated in part 1
for highway maintenance, the department shall expand highway
maintenance activities in the current fiscal year to support
flooding mitigation-related activities on limited-access state
trunklines in Wayne, Oakland, and Macomb Counties, as well as other
safety-related, high-priority, and deferred routine maintenance
needs on Michigan's state trunkline network.
(2) The department shall report on specific outcomes and
performance measures, including, but not limited to, the following:
(a) The number of drainage catch basins cleaned on limited-
access state trunklines in Wayne, Oakland, and Macomb Counties
during the fiscal year ending September 30, 2020.
(b) The number of flooding-related closures on limited-access
state trunklines in Wayne, Oakland, and Macomb Counties during the
fiscal year ending September 30, 2020.
Sec. 610. The department shall 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 and when funds
are available, away from the traveled portion and shoulder of state
highways.
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 of each year, 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,
the fund source of any incentives, 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. (1) On or before February 1 of each year, the
department shall prepare a report on all capital federal aid
participating construction projects completed in the prior fiscal
year. The report shall include the following information:
(a) Location of the project.
(b) General description of the project.
(c) As-bid cost of the project.
(d) As-built cost of the project.
(e) Estimated completion date.
(f) Actual completion date.
(g) Whether design engineering was performed by department
staff or contract engineering consultants, and, if performed by
contract engineering consultants, the name of the contract
engineering consultant firm or firms.
(h) Design engineering costs.
(i) Whether construction engineering was performed by
department staff or contract engineering consultants, and, if
performed by contract engineering consultants, the name of the
contract engineering consultant firm or firms.
(j) Construction engineering costs.
(k) Design life.
(2) The report shall include a discussion of design
engineering and construction engineering costs as a proportion of
total project costs and in comparison with other state
transportation agencies. The report shall also include a discussion
of relative efficiency and effectiveness of work performed by
department staff and work performed by contract engineering
consultants.
(3) The report described in this section 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. 660. (1) The legislature encourages the department to
examine the use of alternative road surface materials, including
recycled materials, and to develop criteria and specifications for
their use in both department-managed and contracted projects.
(2) The department shall report on efforts taken to implement
this section. The report shall include descriptions of specific
materials evaluated, evaluation methods, and results of specific
field or laboratory tests. The department shall complete and submit
the report to the state budget director, the house and senate
appropriations subcommittees on transportation, and the house and
senate fiscal agencies on or before March 1 of each year.
Sec. 661. (1) From funds appropriated in part 1, the
department shall establish a collaborative stakeholder group to
review innovative road materials and innovative road and bridge
design and construction specifications. The collaborative group
shall include representatives from the following stakeholder
groups:
(a) The DOT-FHWA.
(b) An appointee of the speaker of the house of
representatives.
(c) An appointee of the senate majority leader.
(d) The Asphalt Pavement Association of Michigan.
(e) The Michigan Concrete Association.
(f) The Michigan Council of Engineering Companies of Michigan.
(g) The Michigan Infrastructure and Transportation
Association.
(h) The County Road Association of Michigan.
(i) The Michigan Municipal League.
(j) The Michigan Association of Drain Commissioners.
(k) The Michigan Aggregates Association.
(l) The Michigan Association of Counties.
(m) The Michigan Road Preservation Association.
(2) Beginning July 1, 2020, the department shall report
quarterly on the activities of the collaborative stakeholder group
established under this section. The report shall be provided by
April 1, 2020, to the house appropriations committee, the senate
appropriations committee, the house standing committee on
transportation and infrastructure, the senate standing committee on
transportation and infrastructure, and the house and senate fiscal
agencies. The report shall describe the innovative materials and
innovative road and bridge design and construction specifications
submitted for review. The report shall also describe, of the
innovative materials and innovative road and bridge design and
construction specifications submitted for review, the submissions
recommended for adoption by the department and the submissions not
recommended for adoption by the department. The department shall
provide recipients with updated reports on activities of the
collaborative stakeholder group by July 1, 2020 and September 30,
2020.
TRANSIT AND RAIL RELATED FUNDS
Sec. 701. The department shall establish an intercity bus
equipment and facility fund as a subsidiary fund within the
comprehensive transportation fund created under section 10b of 1951
PA 51, MCL 247.660b. Proceeds received by this state from the sale
of state-owned intercity bus equipment shall be credited to the
intercity bus equipment and facility fund for the purchase and
repair of intercity bus equipment, as appropriated. Security
deposits not returned to a lessee of state-owned intercity bus
equipment under terms of the lease agreement shall be credited to
the intercity bus equipment and facility fund for the repair of
intercity bus equipment, as appropriated. Money received by the
department from lease payments for state-owned intercity bus
equipment, and facility maintenance charges under terms of leases
of state-owned intercity facilities, shall be credited to the
intercity bus equipment and facility fund for the purchase and
repair of intercity bus equipment or for the maintenance and
rehabilitation of state-owned intercity facilities, as
appropriated. At the close of the fiscal year, any funds remaining
in the intercity bus equipment and facility fund shall remain in
the fund and be carried forward into the succeeding fiscal year.
Sec. 702. Money that is received by this 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
rail freight 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 freight 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. 704. From the funds appropriated in part 1, the
department shall prepare and transmit a report that provides detail
regarding the department's obligations for programs funded under
the appropriation in part 1 for rail operations and infrastructure.
The report shall include a breakdown of the appropriation by
program, year-to-date obligations under each program itemized by
project, and an estimate of future obligations under each program
itemized by project for the remainder of the fiscal year. The
initial report shall be submitted to the senate and house
appropriations subcommittees on transportation, the state budget
director, and the senate and house fiscal agencies, on or before
February 1, 2020. The department also shall update and resubmit the
final report on or before November 1, 2020.
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 June 30 of
each fiscal year for the prior fiscal year.
Sec. 711. (1) As prescribed in subsection (2), the department
shall submit reports to the state budget director, the house and
senate appropriations subcommittees on transportation, and the
house and senate fiscal agencies on rail passenger service provided
by Amtrak under a contractual agreement with the department. The
report shall be submitted on or before May 1 of each year.
(2) The report shall include all of the following:
(a) Passenger counts for the preceding fiscal year for each
Amtrak service route in Michigan.
(b) Revenue and operating expenses by Amtrak route.
(c) Total state operating payments to Amtrak in the preceding
fiscal year by Amtrak route.
(d) A discussion of major factors affecting route costs and
revenue and net state costs in the preceding fiscal year, and
factors affecting route costs and revenue and net state costs
anticipated in the current and future fiscal years.
(e) Fare revenue by route and fare revenue as a percentage of
route operating expense.
Sec. 712. From the funds appropriated in part 1, the
department shall take all actions needed to develop a solicitation
for proposals for the delivery of daily round-trip rail passenger
service between Grand Rapids and Chicago, Illinois by September 30,
2020.
Sec. 719. It is the intent of the legislature that by
September 30, 2020, each subsidized elderly and medical transit
system located in a county with a population of 100,000 or more
must determine that system's estimated cost per rider. It is the
intent of the legislature that during the fiscal year, each system
must issue a request for proposals from ride-sharing companies for
100% of the system's anticipated service.
Sec. 735. For the fiscal year ending September 30, 2020, the
appropriation to a street railway pursuant to section 10e(22) of
1951 PA 51, MCL 247.660e, is $0.
Sec. 752. At least once each fiscal year, the department shall
meet with representatives of a rail industry trade association to
provide information on the availability of rail infrastructure loan
and grant funding programs and freight economic development project
opportunities.
Sec. 753. From the funds appropriated in part 1 for marine
passenger service, 60% must be spent on eligible entities servicing
multiple destinations. The remaining funds must be spent on
eligible entities servicing a single destination.
AERONAUTICS FUND
Sec. 801. Except as otherwise provided in section 903 of this
part for capital outlay, 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. 802. The legislature encourages the department to find
private entities or local public agencies to assume ownership and
operating responsibility for airports currently owned by the
department.
Sec. 804. (1) The department shall not expend funds from the
appropriation in part 1, air fleet operations and maintenance, if
the department owns a Cessna 206 aircraft. The department shall
notify the state budget director, the house and senate
appropriations subcommittees on transportation, and the house and
senate fiscal agencies when it no longer owns a Cessna 206
aircraft.
(2) The department shall submit a report by February 1, 2020
to the state budget director, the house and senate appropriations
subcommittees on transportation, and the house and senate fiscal
agencies on the number of FTEs required to maintain and operate
airfleet operations.
Sec. 805. The department shall take all steps necessary to
sell any aircraft with less than 50 flight hours logged by
September 15, 2020.
Sec. 806. (1) From the funds appropriated in part 1 for
aviation services, the department shall review the information and
forms on the office of aeronautics public website to ensure that
the terminology used on the website is consistent with the
terminology and definitions used in the aeronautics code of the
state of Michigan, 1945 PA 327, MCL 259.1 to 259.208. In addition,
the department shall review the aeronautics code of the state of
Michigan, 1945 PA 327, MCL 259.1 to 259.208, to identify
definitions or provisions that are unclear, out-of-date, or
otherwise no longer consistent with current practice.
(2) On or before December 1, 2019, the department shall submit
a report to the house and senate appropriations subcommittees on
transportation and the house and senate fiscal agencies describing
its activities under subsection (1). The report shall include a
list of terminology, definitions, and provisions of the aeronautics
code of the state of Michigan, 1945 PA 327, MCL 259.1 to 259.208,
the department has identified as unclear, out-of-date, or no longer
consistent with current practice. The department shall include in
the report any recommended changes to the aeronautics code of the
state of Michigan, 1945 PA 327, MCL 259.1 to 259.208, and the
reasons for any proposed changes.
CAPITAL OUTLAY
Sec. 901. (1) From federal-state-local project appropriations
contained in part 1 for the purpose of assisting political entities
and subdivisions of this state in the construction and improvement
of publicly used airports and landing fields within this state, the
state transportation department may permit the award of contracts
on behalf of units of local government for the authorized locations
not to exceed the indicated amounts, of which the state allocated
portion shall not exceed the amount appropriated in part 1.
(2) Political entities and subdivisions shall provide not less
than 5% of the cost of any project under this section, unless a
total nonfederal share less than 10% is otherwise specified in
federal law. State money shall not be allocated until local money
is allocated. State money for any 1 project shall not exceed 1/3 of
the total appropriation in part 1 from state funds for airport
improvement programs.
(3) The Michigan aeronautics commission may take those steps
necessary to match federal money available for airport construction
and improvement within this state and to meet the matching
requirements of the federal government. Whether acting alone or
jointly with another political subdivision or public agency or with
this state, a political subdivision or public agency of this state
shall not submit to any agency of the federal government a project
application for airport planning or development unless it is
authorized in this part and part 1 and the project application is
approved by the governing body of each political subdivision or
public agency making the application and by the Michigan
aeronautics commission.
Sec. 903. The appropriations in part 1 for capital outlay
shall be carried forward at the end of the fiscal year consistent
with the provisions of section 248 of the management and budget
act, 1984 PA 431, MCL 18.1248.
ONE-TIME APPROPRIATIONS
Sec. 1001. The one-time general fund/general purpose
appropriation in part 1 for county road commissions shall be
distributed among the county road commissions in accordance with
section 12 of 1951 PA 51, MCL 247.662, to be used by county road
commissions as provided under that section. The one-time general
fund/general purpose appropriation in part 1 for cities and
villages shall be distributed among cities and villages in
accordance with section 13 of 1951 PA 51, MCL 247.663, to be used
by cities and villages as provided under that section.
Sec. 1002. The one-time appropriation of comprehensive
transportation funds for Carbide dock/Soo Locks project shall be
used for demolition needs associated with the Carbide dock project.
Sec. 1003. From the funds appropriated in one-time spending in
part 1, to enhance the movement of people and goods on public or
privately owned rail lines, the department shall award up to
$22,700,000.00 of which $10,700,000.00 is federal spending
authority, to a county with a population greater than 1,500,000 for
a railroad grade separation project in a city with a population
between 12,750 and 13,000 according to the most recent federal
decennial census.