STATE TRUNK LINE HIGHWAY SYSTEM (EXCERPT) Act 51 of 1951
247.660p Definitions; complete streets policy; duties of state transportation commission; consultation by department or county road agency with municipality; agreements for maintenance of transportation facilities; complete streets advisory council; creation; membership; appointment; terms; vacancy; removal; meetings; election of officers; quorum; voting; business conducted at public meeting; writings; compensation; duties of advisory council.
Sec. 10p.
(1) As used in this section:
(a) "Complete streets" means roadways planned, designed, and constructed to provide appropriate access to all legal users in a manner that promotes safe and efficient movement of people and goods whether by car, truck, transit, assistive device, foot, or bicycle.
(b) "Complete streets policy" means a document that provides guidance for the planning, design, and construction of roadways or an interconnected network of transportation facilities being constructed or reconstructed and designated for a transportation purpose that promotes complete streets and meets all of the following requirements:
(i) Is sensitive to the local context and recognizes that needs vary according to urban, suburban, and rural settings.
(ii) Considers the functional class of the roadway and project costs and allows for appropriate exemptions.
(iii) Considers the varying mobility needs of all legal users of the roadway, of all ages and abilities.
(c) "Department" means the state transportation department.
(d) "Local road agency" means that term as defined in section 9a.
(e) "Municipality" means a city, village, or township.
(2) The state transportation commission shall do both of the following by not later than 2 years after the effective date of the amendatory act that added this section:
(a) Adopt a complete streets policy for the department.
(b) Develop a model complete streets policy or policies to be made available for use by municipalities and counties.
(3) Before a municipality approves any project in its multiyear capital program that affects a roadway or transportation facility under the jurisdiction of the state transportation department or within or under the jurisdiction of a county or another municipality, it shall consult with the affected agency and agree on how to address the respective complete streets policies, subject to each agency's powers and duties. Before the department submits its multiyear capital plan to the commission or a county road agency approves its multiyear capital plan, for any project that affects a roadway or transportation facility within or under the jurisdiction of a municipality, the department or county road agency shall consult with the municipality and agree on how to address the respective complete streets policies, subject to each agency's powers and duties. Failure to come to an agreement shall not prevent the department from submitting its multiyear capital plan to the commission. This subsection does not apply under any of the following circumstances:
(a) If neither the agency proposing the project nor the affected agency has a complete streets policy.
(b) If the project was included in a municipality's multiyear capital program or the department's or a county's multiyear capital plan on July 1, 2010.
(4) The department may provide assistance to and coordinate with local agencies in developing and implementing complete streets policies. The department shall share expertise in nonmotorized and multimodal transportation planning in the development of trunk line projects within municipal boundaries.
(5) The department, local road agencies, and municipalities may enter into agreements with each other providing for maintenance of transportation facilities constructed to implement a complete streets policy.
(6) A complete streets advisory council is created within the department. The advisory council shall consist of the following members appointed by the governor:
(a) The director of the state transportation department or his or her designee.
(b) The director of the department of community health or his or her designee.
(c) The director of the department of state police or his or her designee.
(d) One individual representing the state transportation commission.
(e) One individual representing environmental organizations.
(f) One individual representing planning organizations.
(g) One individual representing organizations of disabled persons.
(h) One individual representing road commission organizations.
(i) One individual representing public transit users organizations.
(j) One licensed professional engineer or traffic engineer.
(k) One individual representing the Michigan municipal league.
(l) One individual representing the AARP.
(m) One individual representing the league of Michigan bicyclists.
(n) One individual representing a pedestrian organization.
(o) One individual representing the Michigan public transit association.
(p) One individual representing the Michigan townships association.
(q) As nonvoting members, the director of the department of natural resources and environment or his or her designee, the executive director of the Michigan state housing development authority or his or her designee, and the heads of such other state departments and agencies, as the governor considers appropriate, or their designees.
(7) The members first appointed to the advisory council shall be appointed within 60 days after the effective date of this section. Members of the advisory council shall serve for terms of 3 years or until a successor is appointed, whichever is later, except that of the members first appointed 3 shall serve for 1 year, 3 shall serve for 2 years, and 3 shall serve for 3 years. If a vacancy occurs on the advisory council, the governor shall make an appointment for the unexpired term in the same manner as the original appointment. The governor may remove a member of the advisory council for incompetency, dereliction of duty, malfeasance, misfeasance, or nonfeasance in office, or any other good cause.
(8) The first meeting of the advisory council shall be called by the director of the state transportation department. At the first meeting, the advisory council shall elect from among its members a chairperson, vice-chairperson, secretary, and other officers as it considers necessary or appropriate. After the first meeting and before 2018, the advisory council shall meet at least quarterly, or more frequently at the call of the chairperson or if requested by 3 or more members. A majority of the members of the advisory council constitute a quorum for the transaction of business at a meeting of the advisory council. The affirmative vote of a majority of the members are required for official action of the advisory council.
(9) The business that the advisory council may perform shall be conducted at a public meeting of the advisory council held in compliance with the open meetings act, 1976 PA 267, MCL 15.261 to 15.275. A writing prepared, owned, used, in the possession of, or retained by the advisory council in the performance of an official function is subject to the freedom of information act, 1976 PA 442, MCL 15.231 to 15.246.
(10) Members of the advisory council shall serve without compensation. However, members of the advisory council may be reimbursed for their actual and necessary expenses incurred in the performance of their official duties as members of the advisory council.
(11) The advisory council shall do all of the following:
(a) Provide education and advice to the state transportation commission, county road commissions, municipalities, interest groups, and the public on the development, implementation, and coordination of complete streets policies.
(b) By December 30, 2011, and each calendar year thereafter, report to the governor, the state transportation commission, and the legislature on the status of complete streets policies in this state. The report shall contain a summary of the advisory council's proceedings, a statement of instances in which the department and a municipality were unable to agree under subsection (3) on a department project affecting a roadway or transportation facility within or under the jurisdiction of the municipality, and any other necessary or useful information and any additional information that may be requested by the governor.
(c) Advise the state transportation commission on the adoption of model policies under subsection (2).
History: Add. 2010, Act 135, Imd. Eff. Aug. 2, 2010 Popular Name: McNitt Act Popular Name: Michigan Transportation Fund Act
STATE TRUNK LINE HIGHWAY SYSTEM (EXCERPT) Act 51 of 1951
247.660p Definitions; complete streets policy; duties of state transportation commission; consultation by department or county road agency with municipality; agreements for maintenance of transportation facilities; complete streets advisory council; creation; membership; appointment; terms; vacancy; removal; meetings; election of officers; quorum; voting; business conducted at public meeting; writings; compensation; duties of advisory council.
Sec. 10p.
(1) As used in this section:
(a) "Complete streets" means roadways planned, designed, and constructed to provide appropriate access to all legal users in a manner that promotes safe and efficient movement of people and goods whether by car, truck, transit, assistive device, foot, or bicycle.
(b) "Complete streets policy" means a document that provides guidance for the planning, design, and construction of roadways or an interconnected network of transportation facilities being constructed or reconstructed and designated for a transportation purpose that promotes complete streets and meets all of the following requirements:
(i) Is sensitive to the local context and recognizes that needs vary according to urban, suburban, and rural settings.
(ii) Considers the functional class of the roadway and project costs and allows for appropriate exemptions.
(iii) Considers the varying mobility needs of all legal users of the roadway, of all ages and abilities.
(c) "Department" means the state transportation department.
(d) "Local road agency" means that term as defined in section 9a.
(e) "Municipality" means a city, village, or township.
(2) The state transportation commission shall do both of the following by not later than 2 years after the effective date of the amendatory act that added this section:
(a) Adopt a complete streets policy for the department.
(b) Develop a model complete streets policy or policies to be made available for use by municipalities and counties.
(3) Before a municipality approves any project in its multiyear capital program that affects a roadway or transportation facility under the jurisdiction of the state transportation department or within or under the jurisdiction of a county or another municipality, it shall consult with the affected agency and agree on how to address the respective complete streets policies, subject to each agency's powers and duties. Before the department submits its multiyear capital plan to the commission or a county road agency approves its multiyear capital plan, for any project that affects a roadway or transportation facility within or under the jurisdiction of a municipality, the department or county road agency shall consult with the municipality and agree on how to address the respective complete streets policies, subject to each agency's powers and duties. Failure to come to an agreement shall not prevent the department from submitting its multiyear capital plan to the commission. This subsection does not apply under any of the following circumstances:
(a) If neither the agency proposing the project nor the affected agency has a complete streets policy.
(b) If the project was included in a municipality's multiyear capital program or the department's or a county's multiyear capital plan on July 1, 2010.
(4) The department may provide assistance to and coordinate with local agencies in developing and implementing complete streets policies. The department shall share expertise in nonmotorized and multimodal transportation planning in the development of trunk line projects within municipal boundaries.
(5) The department, local road agencies, and municipalities may enter into agreements with each other providing for maintenance of transportation facilities constructed to implement a complete streets policy.
(6) A complete streets advisory council is created within the department. The advisory council shall consist of the following members appointed by the governor:
(a) The director of the state transportation department or his or her designee.
(b) The director of the department of community health or his or her designee.
(c) The director of the department of state police or his or her designee.
(d) One individual representing the state transportation commission.
(e) One individual representing environmental organizations.
(f) One individual representing planning organizations.
(g) One individual representing organizations of disabled persons.
(h) One individual representing road commission organizations.
(i) One individual representing public transit users organizations.
(j) One licensed professional engineer or traffic engineer.
(k) One individual representing the Michigan municipal league.
(l) One individual representing the AARP.
(m) One individual representing the league of Michigan bicyclists.
(n) One individual representing a pedestrian organization.
(o) One individual representing the Michigan public transit association.
(p) One individual representing the Michigan townships association.
(q) As nonvoting members, the director of the department of natural resources and environment or his or her designee, the executive director of the Michigan state housing development authority or his or her designee, and the heads of such other state departments and agencies, as the governor considers appropriate, or their designees.
(7) The members first appointed to the advisory council shall be appointed within 60 days after the effective date of this section. Members of the advisory council shall serve for terms of 3 years or until a successor is appointed, whichever is later, except that of the members first appointed 3 shall serve for 1 year, 3 shall serve for 2 years, and 3 shall serve for 3 years. If a vacancy occurs on the advisory council, the governor shall make an appointment for the unexpired term in the same manner as the original appointment. The governor may remove a member of the advisory council for incompetency, dereliction of duty, malfeasance, misfeasance, or nonfeasance in office, or any other good cause.
(8) The first meeting of the advisory council shall be called by the director of the state transportation department. At the first meeting, the advisory council shall elect from among its members a chairperson, vice-chairperson, secretary, and other officers as it considers necessary or appropriate. After the first meeting and before 2018, the advisory council shall meet at least quarterly, or more frequently at the call of the chairperson or if requested by 3 or more members. A majority of the members of the advisory council constitute a quorum for the transaction of business at a meeting of the advisory council. The affirmative vote of a majority of the members are required for official action of the advisory council.
(9) The business that the advisory council may perform shall be conducted at a public meeting of the advisory council held in compliance with the open meetings act, 1976 PA 267, MCL 15.261 to 15.275. A writing prepared, owned, used, in the possession of, or retained by the advisory council in the performance of an official function is subject to the freedom of information act, 1976 PA 442, MCL 15.231 to 15.246.
(10) Members of the advisory council shall serve without compensation. However, members of the advisory council may be reimbursed for their actual and necessary expenses incurred in the performance of their official duties as members of the advisory council.
(11) The advisory council shall do all of the following:
(a) Provide education and advice to the state transportation commission, county road commissions, municipalities, interest groups, and the public on the development, implementation, and coordination of complete streets policies.
(b) By December 30, 2011, and each calendar year thereafter, report to the governor, the state transportation commission, and the legislature on the status of complete streets policies in this state. The report shall contain a summary of the advisory council's proceedings, a statement of instances in which the department and a municipality were unable to agree under subsection (3) on a department project affecting a roadway or transportation facility within or under the jurisdiction of the municipality, and any other necessary or useful information and any additional information that may be requested by the governor.
(c) Advise the state transportation commission on the adoption of model policies under subsection (2).
History: Add. 2010, Act 135, Imd. Eff. Aug. 2, 2010 Popular Name: McNitt Act Popular Name: Michigan Transportation Fund Act
STATE TRUNK LINE HIGHWAY SYSTEM (EXCERPT) Act 51 of 1951
247.660p Definitions; complete streets policy; duties of state transportation commission; consultation by department or county road agency with municipality; agreements for maintenance of transportation facilities; complete streets advisory council; creation; membership; appointment; terms; vacancy; removal; meetings; election of officers; quorum; voting; business conducted at public meeting; writings; compensation; duties of advisory council.
Sec. 10p.
(1) As used in this section:
(a) "Complete streets" means roadways planned, designed, and constructed to provide appropriate access to all legal users in a manner that promotes safe and efficient movement of people and goods whether by car, truck, transit, assistive device, foot, or bicycle.
(b) "Complete streets policy" means a document that provides guidance for the planning, design, and construction of roadways or an interconnected network of transportation facilities being constructed or reconstructed and designated for a transportation purpose that promotes complete streets and meets all of the following requirements:
(i) Is sensitive to the local context and recognizes that needs vary according to urban, suburban, and rural settings.
(ii) Considers the functional class of the roadway and project costs and allows for appropriate exemptions.
(iii) Considers the varying mobility needs of all legal users of the roadway, of all ages and abilities.
(c) "Department" means the state transportation department.
(d) "Local road agency" means that term as defined in section 9a.
(e) "Municipality" means a city, village, or township.
(2) The state transportation commission shall do both of the following by not later than 2 years after the effective date of the amendatory act that added this section:
(a) Adopt a complete streets policy for the department.
(b) Develop a model complete streets policy or policies to be made available for use by municipalities and counties.
(3) Before a municipality approves any project in its multiyear capital program that affects a roadway or transportation facility under the jurisdiction of the state transportation department or within or under the jurisdiction of a county or another municipality, it shall consult with the affected agency and agree on how to address the respective complete streets policies, subject to each agency's powers and duties. Before the department submits its multiyear capital plan to the commission or a county road agency approves its multiyear capital plan, for any project that affects a roadway or transportation facility within or under the jurisdiction of a municipality, the department or county road agency shall consult with the municipality and agree on how to address the respective complete streets policies, subject to each agency's powers and duties. Failure to come to an agreement shall not prevent the department from submitting its multiyear capital plan to the commission. This subsection does not apply under any of the following circumstances:
(a) If neither the agency proposing the project nor the affected agency has a complete streets policy.
(b) If the project was included in a municipality's multiyear capital program or the department's or a county's multiyear capital plan on July 1, 2010.
(4) The department may provide assistance to and coordinate with local agencies in developing and implementing complete streets policies. The department shall share expertise in nonmotorized and multimodal transportation planning in the development of trunk line projects within municipal boundaries.
(5) The department, local road agencies, and municipalities may enter into agreements with each other providing for maintenance of transportation facilities constructed to implement a complete streets policy.
(6) A complete streets advisory council is created within the department. The advisory council shall consist of the following members appointed by the governor:
(a) The director of the state transportation department or his or her designee.
(b) The director of the department of community health or his or her designee.
(c) The director of the department of state police or his or her designee.
(d) One individual representing the state transportation commission.
(e) One individual representing environmental organizations.
(f) One individual representing planning organizations.
(g) One individual representing organizations of disabled persons.
(h) One individual representing road commission organizations.
(i) One individual representing public transit users organizations.
(j) One licensed professional engineer or traffic engineer.
(k) One individual representing the Michigan municipal league.
(l) One individual representing the AARP.
(m) One individual representing the league of Michigan bicyclists.
(n) One individual representing a pedestrian organization.
(o) One individual representing the Michigan public transit association.
(p) One individual representing the Michigan townships association.
(q) As nonvoting members, the director of the department of natural resources and environment or his or her designee, the executive director of the Michigan state housing development authority or his or her designee, and the heads of such other state departments and agencies, as the governor considers appropriate, or their designees.
(7) The members first appointed to the advisory council shall be appointed within 60 days after the effective date of this section. Members of the advisory council shall serve for terms of 3 years or until a successor is appointed, whichever is later, except that of the members first appointed 3 shall serve for 1 year, 3 shall serve for 2 years, and 3 shall serve for 3 years. If a vacancy occurs on the advisory council, the governor shall make an appointment for the unexpired term in the same manner as the original appointment. The governor may remove a member of the advisory council for incompetency, dereliction of duty, malfeasance, misfeasance, or nonfeasance in office, or any other good cause.
(8) The first meeting of the advisory council shall be called by the director of the state transportation department. At the first meeting, the advisory council shall elect from among its members a chairperson, vice-chairperson, secretary, and other officers as it considers necessary or appropriate. After the first meeting and before 2018, the advisory council shall meet at least quarterly, or more frequently at the call of the chairperson or if requested by 3 or more members. A majority of the members of the advisory council constitute a quorum for the transaction of business at a meeting of the advisory council. The affirmative vote of a majority of the members are required for official action of the advisory council.
(9) The business that the advisory council may perform shall be conducted at a public meeting of the advisory council held in compliance with the open meetings act, 1976 PA 267, MCL 15.261 to 15.275. A writing prepared, owned, used, in the possession of, or retained by the advisory council in the performance of an official function is subject to the freedom of information act, 1976 PA 442, MCL 15.231 to 15.246.
(10) Members of the advisory council shall serve without compensation. However, members of the advisory council may be reimbursed for their actual and necessary expenses incurred in the performance of their official duties as members of the advisory council.
(11) The advisory council shall do all of the following:
(a) Provide education and advice to the state transportation commission, county road commissions, municipalities, interest groups, and the public on the development, implementation, and coordination of complete streets policies.
(b) By December 30, 2011, and each calendar year thereafter, report to the governor, the state transportation commission, and the legislature on the status of complete streets policies in this state. The report shall contain a summary of the advisory council's proceedings, a statement of instances in which the department and a municipality were unable to agree under subsection (3) on a department project affecting a roadway or transportation facility within or under the jurisdiction of the municipality, and any other necessary or useful information and any additional information that may be requested by the governor.
(c) Advise the state transportation commission on the adoption of model policies under subsection (2).
History: Add. 2010, Act 135, Imd. Eff. Aug. 2, 2010 Popular Name: McNitt Act Popular Name: Michigan Transportation Fund Act
