October 22, 2015, Introduced by Reps. Leutheuser, Iden, Barrett and Chirkun 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 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) Subject to subsection (6), a city, village, township, or
county or the state transportation department shall reimburse 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, for relocation costs if both of the following
apply:
(a) The city, village, township, or county or the state
transportation department did either of the following:
(i) Requested the entity to temporarily or permanently
relocate its facilities.
(ii) Requested the entity to temporarily or permanently
relocate its facilities to protect those facilities due to
construction or other activity by the city, village, township, or
county or the state transportation department.
(b) The entity invests money in broadband infrastructure in
this state.
(4) If a city, village, township, or county or the state
transportation department requests an entity to relocate
facilities, the city, village, township, or county or the state
transportation department shall waive any permit fees or inspection
fees including, but not limited to, any permit fee under subsection
(2).
(5) If a city, village, township, or county or the state
transportation department requests an entity to conduct any survey
or study related to relocating facilities, the city, village,
township, or county or the state transportation department shall
reimburse the entity for those survey or study costs.
(6) A reimbursement of relocation costs by a city, village,
township, or county or the state transportation department as
provided under subsection (3) shall be made to an entity as
follows:
(a) If the entity's facilities were placed in the public
right-of-way less than 5 years before the date of the request to
relocate those facilities, the entity shall be reimbursed 100% of
the relocation costs.
(b) If the entity's facilities were placed in the public
right-of-way 5 years or more but less than 9 years before the date
of the request to relocate those facilities, the entity shall be
reimbursed 75% of the relocation costs.
(c) If the entity's facilities were placed in the public
right-of-way 9 years or more but less than 12 years before the date
of the request to relocate those facilities, the entity shall be
reimbursed 50% of the relocation costs.
(d) If the entity's facilities were placed in the public
right-of-way 12 years or more but less than 15 years before the
date of the request to relocate those facilities, the entity shall
be reimbursed 25% of the relocation costs.
(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 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 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) "Broadband infrastructure" means that term as defined in
section 3 of the Michigan broadband development authority act, 2002
PA 49, MCL 484.3203.
(b) "Relocation costs" means all costs for relocating an
entity's facilities in the public right-of-way, including, but not
limited to, boring costs and labor costs associated with that
relocation.
Enacting section 1. This amendatory act takes effect 90 days
after the date it is enacted into law.