HOUSE BILL No. 4635

 

May 11, 2011, Introduced by Reps. Tlaib, Santana, Geiss, Lipton, Hovey-Wright, Kandrevas, Stallworth, Haugh, Barnett, Bauer, Lane, Slavens, Smiley, Switalski, Rutledge, Jackson, Durhal, Brown and Meadows and referred to the Committee on Transportation.

 

     A bill to amend 1964 PA 286, entitled

 

"An act to provide for the organization, powers, and duties of the

state transportation commission and the state transportation

department; to provide for the appointment, powers, and duties of

the state transportation director; to abolish the office of state

highway commissioner and the commissioner's advisory board and to

transfer their powers and duties; to provide for penalties and

remedies; and to repeal certain acts and parts of acts,"

 

(MCL 247.801 to 247.816) by adding section 6c.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

     Sec. 6c. (1) If the department issues a request for proposals

 

for construction of an international bridge crossing project which

 

bridge does not exist on the effective date of the amendatory act

 

that added this section, the request shall require that a community

 

benefits agreement be required of the project's contractor,

 

developer, or concessionaire.

 

     (2) Before any request for proposals concerning the

 

construction of an international bridge crossing is initiated, the

 

department shall consult with the host community as represented by


 

a nonprofit organization with members in the host community that

 

has engaged residents and stakeholders and whose organizational

 

purpose is to ensure that the interests of residents, businesses,

 

and organizations proximate to the host community are recognized

 

and protected in a community benefits agreement. The department

 

shall provide technical support, advice, and resources to the

 

nonprofit organization concerning a community benefits agreement.

 

After receiving that information from the department but before the

 

department and the contractor, developer, and concessionaire have

 

made any agreements concerning construction of the project, the

 

nonprofit organization shall provide its criteria for a community

 

benefits agreement to the department within a reasonable time frame

 

set by the department and consistent with the timeline of the

 

selection or construction process.

 

     (3) The community benefits agreement shall include, but not be

 

limited to, all of the following and a timeline for accomplishing

 

the following, including penalty provisions if a timeline is not

 

met, which timeline shall require that all of the following be

 

accomplished before the international bridge crossing is open to

 

public transportation:

 

     (a) Specific monitoring of noise, vibration, air quality,

 

residential health, and truck traffic both short- and long-term in

 

the project area. This shall include designation of truck routes

 

designed to minimize the impact on residents, and reduction of

 

truck idle time and diesel reduction plans, including incentive

 

plans, that protect and promote the air of host community

 

residents.


 

     (b) A plan to assure job training and education for host

 

community residents and access to employment opportunities and to

 

promote the hiring of host community residents on the international

 

bridge crossing project in this state, including employment

 

opportunities and hiring with the project's developer, contractor,

 

subcontractors, and concessionaire.

 

     (c) A plan to assure that any negative impact on existing

 

businesses in the host community is minimized and mitigated and

 

that provides incentives for start-up businesses to become

 

established after the international bridge opens to public

 

transportation.

 

     (d) Preservation and creation of parks and development of

 

green spaces.

 

     (e) Guarantees that current residents of affected host

 

communities will receive full opportunity for new housing if they

 

are displaced and shall not be required to pay out of pocket for

 

expenses associated with displacement and relocation or for home

 

repair due to damage caused by the construction.

 

     (f) Guarantees that host community representatives will serve

 

in an ongoing advisory capacity on the project and in oversight of

 

the construction and maintenance of the project.

 

     (4) If a contractor, developer, or concessionaire that enters

 

into a community benefits agreement defaults in the performance of

 

its allocated duties, the department or authorized entity,

 

including a government agency, shall perform the allocated duties.

 

     (5) By March 1 of each year during the duration of the

 

community benefits agreement, the department shall submit a written


 

report quantifying the progress toward meeting the timelines of the

 

community benefit agreement to the senate and house of

 

representatives standing committees on transportation issues and to

 

the host community.

 

     (6) The department shall provide information to the nonprofit

 

organization described in subsection (2) concerning the proposals

 

the department received. After receiving that information from the

 

department but before the selection of the winning proposal, the

 

nonprofit organization described in subsection (2) shall provide

 

its advisory recommendations to the department within a reasonable

 

time frame set by the department and consistent with the timeline

 

of the selection process.

 

     (7) As used in this section:

 

     (a) "Community benefits agreement" means a contract between

 

this state and a contractor, developer, or concessionaire that is

 

obtained with the advice of the nonprofit organization of the host

 

community that addresses host community concerns including, but not

 

limited to, the areas listed in subsection (3). A community

 

benefits agreement shall not be limited to a satisfaction of only

 

the minimum requirements under federal law.

 

     (b) "Host community" means the neighborhood community in which

 

the construction in this state for an international bridge crossing

 

project occurs, including bridge, plaza, and direct access road,

 

and where residences and businesses are displaced due to the

 

international bridge crossing project.