SENATE BILL No. 406

 

 

August 20, 2019, Introduced by Senators MCMORROW, LASATA, GEISS, ALEXANDER,  ANANICH, BULLOCK, POLEHANKI, IRWIN, WOJNO and BRINKS and referred to the Committee on Transportation and Infrastructure.

 

 

 

     A bill to amend 1951 PA 51, entitled

 

"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 sections 11a and 11b.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

     Sec. 11a. (1) The Michigan electric vehicle infrastructure

 

council is created within the department.

 

     (2) The Michigan electric vehicle infrastructure council shall

 

consist of 9 voting members appointed by the governor who are

 

experts in areas including, but not limited to, economic

 

development, energy, transportation, infrastructure, utility

 

operation, independent transmission company operation, investor

 

owned utility operation, and the environment. The Michigan electric

 

vehicle infrastructure council shall also consist of all of the

 

following nonvoting members appointed by the governor:

 

     (a) One member representing the public service commission.

 

     (b) One member representing the department.

 

     (c) One member representing the Michigan economic development

 

corporation.

 

     (d) One member representing the department of environmental

 

quality.


     (e) One member representing the Michigan agency for energy.

 

     (f) The chairperson of the Michigan council on future mobility

 

or his or her designee.

 

     (g) The chairperson of the Michigan infrastructure council or

 

his or her designee.

 

     (3) If a vacancy occurs on the Michigan electric vehicle

 

infrastructure council, the governor shall make an appointment for

 

the unexpired term in the same manner as the original appointment.

 

     (4) The chairperson may remove a member of the Michigan

 

electric vehicle infrastructure council for incompetence,

 

dereliction of duty, malfeasance during his or her tenure in

 

office, or any other good cause.

 

     (5) At the first meeting, the Michigan electric vehicle

 

infrastructure council shall select from among its Michigan

 

electric vehicle infrastructure council members a chairperson.

 

     (6) A majority of the voting members of the Michigan electric

 

vehicle infrastructure council and a majority of the nonvoting

 

members of the Michigan electric vehicle infrastructure council

 

constitute a quorum for the transaction of business at a meeting of

 

the Michigan electric vehicle infrastructure council. An

 

affirmative vote of a majority of the voting members present and

 

serving is required for official action of the Michigan electric

 

vehicle infrastructure council.

 

     (7) The business that the Michigan electric vehicle

 

infrastructure council may perform shall be conducted at a public

 

meeting of the Michigan electric vehicle infrastructure council

 

held in compliance with the open meetings act, 1976 PA 267, MCL


15.261 to 15.275.

 

     (8) A writing prepared, owned, used, in the possession of, or

 

retained by the Michigan electric vehicle infrastructure 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.

 

     (9) Members of the Michigan electric vehicle infrastructure

 

council shall serve without compensation. However, members of the

 

Michigan electric vehicle infrastructure council may be reimbursed

 

for their actual and necessary expenses incurred in the performance

 

of their official duties as members of the Michigan electric

 

vehicle infrastructure council.

 

     (10) The Michigan electric vehicle infrastructure council

 

shall do all of the following:

 

     (a) In conformance with the statewide fast charging

 

optimization map study, recommend an action plan to include

 

electric vehicle charging stations, to reduce barriers to electric

 

vehicle adoption, and to facilitate the successful integration of

 

electric vehicles into this state's transportation network.

 

     (b) Assist in developing and coordinating statewide standards

 

for streamlined permitting and installation of residential and

 

commercial electric vehicle charging stations.

 

     (c) Develop a recommendation for a statewide electric vehicle

 

charging infrastructure plan, including placement opportunities for

 

public charging stations.

 

     (d) Increase consumer awareness and demand for electric

 

vehicles through public outreach.

 

     (e) Make recommendations regarding monetary and nonmonetary


incentives to support electric vehicle ownership and maximize

 

private sector investment in electric vehicles.

 

     (f) Develop targeted policies to support fleet purchases of

 

electric vehicles.

 

     (g) Recommend charging policies for existing and future

 

multidwelling units.

 

     (h) Encourage local and regional efforts to promote the use of

 

electric vehicles and attract federal funding for state and local

 

electric vehicle programs.

 

     (i) Recommend the integration of policies that support

 

electric vehicle charging from clean energy sources when available

 

and appropriate.

 

     (j) Recommend a method of displaying pricing information at

 

public electric vehicle charging stations.

 

     (k) Establish performance measures for meeting electric

 

vehicle-related employment, infrastructure, and regulatory goals.

 

     (l) Recommend funding methods, including, but not limited to,

 

coordinating with the department of environmental quality and the

 

Michigan agency for energy on the spending of money received by

 

this state from the environmental mitigation trust established as

 

part of the first and second partial consent decrees entered in In

 

re: Volkswagen "Clean Diesel" Marketing, Sales Practices, and

 

Products Liability Litigation, MDL No. 2672 CRB (JSC), to ensure

 

that all opportunities to support the electrification of

 

transportation are maximized.

 

     (m) Make distributions from the future mobility fund as

 

provided in section 11b.


     (n) Assist in the development of building codes and standards

 

that will streamline the construction of electric vehicle charging

 

stations and reduce installation costs.

 

     (o) Develop an ongoing data sharing mechanism with other state

 

agencies that provide electric vehicle registration data that will

 

be shared, on an ongoing basis, with appropriate stakeholders and

 

the public to better understand developments in the electric

 

vehicle market and implications to the electric grid.

 

     (p) Pursue other goals and objectives that promote the use of

 

electric vehicles in this state.

 

     (11) No later than 1 year after the effective date of the

 

amendatory act that added this section, the Michigan electric

 

vehicle infrastructure council shall submit an interim report of

 

its work and recommendations to the governor and the legislature.

 

     (12) No later than 18 months after the effective date of the

 

amendatory act that added this section, the Michigan electric

 

vehicle infrastructure council shall submit a final report of its

 

work and recommendations to the governor and the legislature. The

 

Michigan electric vehicle infrastructure council is dissolved 3

 

years after the effective date of the amendatory act that added

 

this section.

 

     (13) The governor shall appoint the members of the Michigan

 

electric vehicle infrastructure within 90 days of the effective

 

date of the amendatory act that added this section.

 

     (14) In developing plans, recommendations, policies,

 

standards, and measures under subsection (10), the Michigan

 

electric vehicle infrastructure council shall avoid duplication of


effort and use current information and research to the greatest

 

extent possible.

 

     (15) The Michigan electric vehicle infrastructure council does

 

not have legislative authority or the authority to create mandates

 

for public and private utilities.

 

     (16) As used in this section, "electric vehicle" means a mode

 

of electric drive transportation that is not operated on rails.

 

     Sec. 11b. (1) The future mobility fund is created within the

 

state treasury.

 

     (2) The state treasurer may receive money or other assets from

 

any source for deposit into the future mobility fund. The state

 

treasurer shall direct the investment of the future mobility fund.

 

The state treasurer shall credit to the future mobility fund

 

interest and earnings from future mobility fund investments.

 

     (3) Money in the future mobility fund at the close of the

 

fiscal year shall remain in the future mobility fund and shall not

 

lapse to the general fund.

 

     (4) The state transportation department shall be the

 

administrator of the future mobility fund for auditing purposes.

 

     (5) The Michigan electric vehicle infrastructure council shall

 

expend money from the future mobility fund, upon appropriation,

 

only for 1 or more of the following purposes:

 

     (a) Tracking existing electric vehicle chargers and planning

 

for future placement and usage.

 

     (b) Electric vehicle infrastructure education and marketing.