HOUSE BILL NO. 4672

May 24, 2019, Introduced by Reps. Hernandez, Webber, Sheppard, Bollin, Howell, Green, Meerman, O'Malley, Leutheuser, Paquette, Eisen and Yaroch and referred to the Committee on Transportation.

"An act to provide for the classification of all public roads, streets, and highways in this state, and for the revision of that classification and for additions to and deletions from each classification; to set up and establish the Michigan transportation fund; to provide for the deposits in the Michigan transportation fund of specific taxes on motor vehicles and motor vehicle fuels; to provide for the allocation of funds from the Michigan transportation fund and the use and administration of the fund for transportation purposes; to promote safe and efficient travel for motor vehicle drivers, bicyclists, pedestrians, and other legal users of roads, streets, and highways; to set up and establish the truck safety fund; to provide for the allocation of funds from the truck safety fund and administration of the fund for truck safety purposes; to set up and establish the Michigan truck safety commission; to establish certain standards for road contracts for certain businesses; to provide for the continuing review of transportation needs within the state; to authorize the state transportation commission, counties, cities, and villages to borrow money, issue bonds, and make pledges of funds for transportation purposes; to authorize counties to advance funds for the payment of deficiencies necessary for the payment of bonds issued under this act; to provide for the limitations, payment, retirement, and security of the bonds and pledges; to provide for appropriations and tax levies by counties and townships for county roads; to authorize contributions by townships for county roads; to provide for the establishment and administration of the state trunk line fund, local bridge fund, comprehensive transportation fund, and certain other funds; to provide for the deposits in the state trunk line fund, critical bridge fund, comprehensive transportation fund, and certain other funds of money raised by specific taxes and fees; to provide for definitions of public transportation functions and criteria; to define the purposes for which Michigan transportation funds may be allocated; to provide for Michigan transportation fund grants; to provide for review and approval of transportation programs; to provide for submission of annual legislative requests and reports; to provide for the establishment and functions of certain advisory entities; to provide for conditions for grants; to provide for the issuance of bonds and notes for transportation purposes; to provide for the powers and duties of certain state and local agencies and officials; to provide for the making of loans for transportation purposes by the state transportation department and for the receipt and repayment by local units and agencies of those loans from certain specified sources; and to repeal acts and parts of acts,"

(MCL 247.651 to 247.675) by adding section 10q.

the people of the state of michigan enact:

Sec. 10q. (1) The Michigan innovative transportation board is created in the department and shall consist of 13 members appointed by the governor as follows:

(a) One voting member nominated by the director.

(b) One voting member nominated by the speaker of the house of representatives.

(d) One voting member nominated by the Asphalt Pavement Association of Michigan.

(e) One voting member nominated by the Michigan Concrete Association.

(f) One voting member nominated by the American Council of Engineering Companies of Michigan.

(g) One voting member nominated by the Michigan Infrastructure and Transportation Association.

(h) One voting member nominated by the County Road Association of Michigan.

(i) One voting member nominated by the Michigan Municipal League.

(j) One voting member nominated by the Michigan Association of Drain Commissioners.

(k) One voting member nominated by the Michigan Aggregates Association.

(l) One voting member nominated by the Michigan Association of counties.

(m) One voting member nominated by the Michigan Road Preservation Association.

(2) The members first appointed to the board shall be appointed within 60 days after the effective date of the amendatory act that added this section.

(3) Members of the board shall serve for terms of 2 years or until a successor is appointed, whichever is later.

(4) If a vacancy occurs on the board, the vacancy for the unexpired term shall be filled in the same manner as the original appointment.

(5) A member of the board may be removed for incompetence, dereliction of duty, malfeasance, misfeasance, or nonfeasance in office, or any other good cause.

(6) The first meeting of the board shall be called by the member described under subsection (1)(a). At the first meeting, the board shall elect from among its voting members a chairperson and other officers as it considers necessary or appropriate. After the first meeting, the board shall meet at least quarterly.

(7) A majority of the voting members of the board constitute a quorum for the transaction of business at a meeting of the board. A majority of the members present and serving are required for official action of the board.

(8) A board member shall serve without compensation but may receive reimbursement for necessary travel and expenses consistent with applicable law and rules and procedures of the civil service commission and department of technology, management, and budget or local road agency policies, subject to available funding.

(9) The business that the board may perform shall be conducted at a public meeting of the board held in compliance with the open meetings act, 1976 PA 267, MCL 15.261 to 15.275.

(10) A writing prepared, owned, used, in the possession of, or retained by the board in the performance of an official function is subject to the freedom of information act, 1976 PA 442, MCL 15.231 to 15.246.

(11) The board shall allow members of the public to submit ideas for implementing existing materials or construction methods that they believe would be beneficial to the roads of this state using the department's website. The department shall encourage a person submitting an idea to do all of the following:

(a) Provide technical data and specifications.

(b) Give examples of completed projects where the materials or methods were successfully used.

(c) Give cost projections per lane mile for the use of the materials or methods and how the use of those materials or methods would be beneficial to this state.

(12) The board shall review ideas submitted under subsection (11) at least 4 times per year based on a schedule determined by the chairperson of the board and shall determine whether each idea submitted is a valid submission.

(13) The department shall post on its website a list of valid submissions. The board shall include the name of the person that submitted the idea, a brief description of the product or method suggested, and any cost projections provided by the person that submitted the idea. The board shall not post technical specifications that are proprietary.

(14) No later than once every 3 years, the board shall provide a report to the legislative committees on transportation including all valid submissions, and the locations where the submissions were tested and any effectiveness data relevant at the time of the report. The board shall post a report prepared under this subsection on its website.

(15) As used in this section:

(a) "Board" means the Michigan innovative transportation board created in this section.

(b) "Valid submission" means a submission that meets the criteria listed in subsection (11)(a) to (c) and has a work plan that explains the intent of the implementation and how it can be evaluated and reported.

Enacting section 1. This amendatory act takes effect 90 days after the date it is enacted into law.

Enacting section 2. This amendatory act does not take effect unless all of the following bills of the 100th Legislature are enacted into law:

(a) Senate Bill No.____ or House Bill No. 4673 (request no. 02388'19).

(b) Senate Bill No.____ or House Bill No. 4674 (request no. 02389'19).