HB 5940

substitute for
House BILL NO. 5940
A bill to amend 1925 PA 368, entitled
"An act to prohibit obstructions and encroachments
on public highways; to provide for the removal of obstructions and
encroachments on public highways; to prescribe the conditions under which
telegraph, telephone, power, and other public utility companies, cable
television companies, broadband companies, and municipalities may enter upon,
construct, and maintain telegraph, telephone, power, cable television, or
broadband lines, pipe lines, wires, cables, poles, conduits, sewers, and like
structures upon, over, across, or under public roads, bridges, streets, and
waters; and to prescribe penalties and provide remedies,"
by amending section 13 (MCL 247.183), as amended by
2018 PA 565, and by adding section 13a.
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, broadband companies, and municipalities may enter
upon, construct, and maintain telegraph, telephone, or power 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, broadband 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 may enter upon, construct, and maintain utility lines
and structures, including 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). Subject to section 13a, the standards must allow for the collocation
of projects, including aboveground lines and structures, in limited access
highway rights-of-way. The standards must 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 must be
calculated to reflect a 1-time installation permit fee that does 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 must be used for capital and
maintenance expenses incurred for limited access highways, including the cost
of issuing the permit.
(3) If a city,
village, township, county, or county road commission or the state
transportation department requests or requires 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, to relocate facilities,
the city, village, township, county, or county road commission or the state
transportation department may require the entity to obtain a permit for the
relocation of the facilities but shall waive any permit fees including, but not
limited to, any permit fee under subsection (2). This subsection does not apply
if the request to relocate facilities was due to an entity placing facilities
in a location not authorized by a current or previous permit.
(4) 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 must 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 must 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.
Sec. 13a. (1) On
the written request of a utility, an independent transmission company, or an
affiliated transmission company, the state transportation department shall coordinate
with that utility, independent transmission company, or affiliated transmission
company to review requested highway corridors for permittable locations for transmission
lines.
(2) The state transportation department shall share all known plans with
a utility, independent transmission company, or affiliated transmission company
regarding potential future projects that may impact the placement of a
transmission line by that utility, independent transmission company, or
affiliated transmission company.
(3) If a permittable route along a highway corridor has been identified
by the state transportation department and the utility, independent
transmission company, or affiliated transmission company, the state
transportation department must consult with the utility, independent
transmission company, or affiliated transmission company to prepare a
constructability report to be utilized by the state transportation department
and the utility, independent transmission company, or affiliated transmission
company when collocation projects are being planned and approved. The report
must be approved by both the state transportation department and the utility, independent
transmission company, or affiliated transmission company before the state
transportation department issues a permit for use of the highway right-of-way.
(4) The constructability report described in subsection (3) must include
the terms and conditions for building the collocation project, including an
agreed-on time frame during which the state transportation department shall not
request the relocation of the transmission line as it is practicable.
(5) If a substantial change to the state transportation department's
5-year plan is necessary due to unforeseen circumstances in a location that a
utility, independent transmission company, or affiliated transmission company
has submitted a written request to collocate, after an updated 5-year plan is
published but before the next 5-year plan is set to be published, the state
transportation department must inform that utility, independent transmission
company, or affiliated transmission company in writing as soon as is practical.
(6) As used in this section, "transmission line" means a high-voltage
transmission line.