HOUSE BILL No. 5016

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.