June 16, 2010, Introduced by Senator THOMAS and referred to the Committee on Transportation.
A bill to amend 1964 PA 286, entitled
"An act to provide for the organization, powers, and duties of the
state transportation commission and the state transportation
department; to provide for the appointment, powers, and duties of
the state transportation director; to abolish the office of state
highway commissioner and the commissioner's advisory board and to
transfer their powers and duties; to provide for penalties and
remedies; and to repeal certain acts and parts of acts,"
(MCL 247.801 to 247.816) by adding section 6c.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 6c. (1) The department shall provide, wherever possible,
technical support, advice, and resources to assist community
representatives in communities affected by an international bridge
crossing that does not exist on the effective date of the
amendatory act that added this section to enter into community
benefits agreements with this state, contractors, developers, or
concessionaires who are implementing an international bridge
crossing project that does not exist on the effective date of the
amendatory act that added this section.
(2) If a contractor, developer, or concessionaire who enters
into a community benefits agreement under subsection (1) defaults
in the performance of its duties under that agreement, the
department shall perform the duties of the contractor, developer,
or concessionaire under that agreement.
(3) Whenever the department issues a request for proposals for
construction of an international bridge crossing project that does
not exist on the effective date of the amendatory act that added
this section, the request shall include the requirements of a
community benefits agreement described in this section that will be
required of the contractor, developer, or concessionaire.
(4) During the request for proposals selection process, the
department shall consult with the host community as represented by
a nonprofit organization with members in the host community that
has engaged residents and stakeholders and whose organizational
purpose is to ensure that the interests of residents, businesses,
and organizations proximate to the host community are recognized
and protected as related to the development of the project for
which the request for proposals is initiated. As used in this
subsection, "host community" encompasses the boundaries of all
construction in this state for an international bridge crossing
project that does not exist on the effective date of the amendatory
act that added this section, including the bridge, plaza, and
direct access road changes. The department shall provide
information to the nonprofit organization that the department is
consulting with concerning the proposals the department received.
After receiving that information from the department but before the
selection of the winning proposal, the nonprofit organization shall
provide its advisory recommendations to the department within a
reasonable time frame set by the department and consistent with the
timeline of the selection process.
(5) As used in this section, a "community benefits agreement"
is a contract between this state or a contractor, developer, or
concessionaire and the nonprofit organization identified by the
department under subsection (4). The agreement shall implement
sustainable benefits to the community, in addition to any benefits
required by existing federal, state, or local laws, which may
include, but not be limited to, any of the following:
(a) Preservation, restoration, or replacement of community
resources directly affected by the project.
(b) Jobs, employment training, and related facilities.
(c) Modifications or remedies for structures or equipment
directly impacted by the project.
(d) Economic development.
(e) Housing and home repair programs.
(f) Air quality programs.
(g) Green development initiatives.