SENATE BILL No. 1395

 

 

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.