Archive for the ‘Law’ Category

Complete Streets on the Craig Fahle Show

Thursday, September 2nd, 2010

Did you catch today’s discussion on Detroit’s Complete Street effort? It was on WDET’s Craig Fahle Show.

If you missed it, you can still listen to the podcast. The segment on Complete Streets begins about 54 minutes into the program.

Earlier today, Governor Jennifer Granholm had a ceremonial signing of Michigan’s Complete Streets legislation at the Capitol. We had a roomful of supporters from the Michigan Complete Streets coalition as well as State Representatives (and bill sponsors) Pam Byrnes and Jon Switalski.

The Governor is an active cyclist and pedestrian — and noted how blessed Michigan is for trails.

Snyder Pick: Should cyclists be concerned?

Friday, August 27th, 2010

Rick Snyder, the Republican candidate for Michigan governor picked State Representative Brian Calley as his running mate.

Calley, 33, is relatively unknown outside Lansing, but will bring conservative credentials and experience in state government to the GOP ticket as its candidate for lieutenant governor.

He’s not that unknown. He did consistently vote against the Compete Streets legislation.

But perhaps more worrisome was his House Bill 4204 which tried to divert at least half of the money from the Michigan Natural Resources Trust Fund towards fishing and hunting programs. Currently that money is used to acquire park and natural areas, as well as for developing parks and trails.

The Trust Fund should be used to build upon Michigan’s natural resources and recreational heritage — not to stock fish.

Fortunately it appears the Trust Fund’s current funding focus supports two points in Snyder’s 10-point plan.

4. Create An Environment That Will Keep Our Youth — Our Future — In Michigan
7. Protect Michigan’s Environment

Down the road, cyclists, trail users and others may need to remind him of that.

What Complete Streets means for MDOT and transportation in Michigan

Sunday, August 8th, 2010

The following was issued by MDOT Director Kirk Steudle and sent to all MDOT employees on August 5th, 2010:

“Change has a considerable psychological impact on the human mind. To the fearful, it is threatening because it means that things may get worse. To the hopeful, it is encouraging because things may get better. To the confident, it is inspiring because the challenge exists to make things better.”
– King Whitney Jr., 1967

These words about change are as true today as they were in 1967. On Aug. 1, Gov. Granholm signed into law Complete Streets legislation to advance cooperation and coordination among transportation and local governmental agencies: Public Act 135, which amends Public Act 51 of 1951 governing the expenditure of state transportation funding; and Public Act 134, which amends the Michigan Planning Enabling Act. While it might be tempting to attribute the passage of these bills to pressure from one group or another, it is worth noting that both bills passed the Michigan House and Senate by wide margins: 85-21 and 31-0, respectively.

Here is a summary of the changes to Act 51 under PA 135:

Revisions to Act 51, Section 10(k)

  • Requires counties, cities, villages, and MDOT to consult with one another when planning a nonmotorized project affecting a transportation facility that belongs to the other.
  • Requires Section 10(k) improvements meet accepted practices or established best practices.
  • Requires Act 51 agencies to notify one another when their five-year nonmotorized programs are finalized.

New Act 51 Section 10(p)

  • Requires the State Transportation Commission (STC), within two years, to adopt a Complete Streets policy for MDOT, and to develop model Complete Streets policies for use by others.
  • Requires state and local agencies to consult and agree on how to address Complete Streets before submitting the Five-Year Program to the STC (exempts anything in an approved multi-year capital plan approved before July 1).
  • Allows MDOT to provide technical assistance and coordination to local agencies in the development and implementation of their policies.
  • Requires MDOT to share expertise in nonmotorized and multi-modal planning in the development of projects within municipal boundaries (“municipal” refers to townships, counties, cities or villages – so just about anywhere).
  • Allows agencies to enter into agreements with one another to provide maintenance for projects constructed to implement a Complete Streets policy.
  • Creates a Complete Streets Advisory Council within MDOT, appointed by the governor, to advise the STC and local agencies in the implementation of Complete Streets.

Amendments to the Michigan Planning Enabling Act

  • Modifies the definition of “streets” to specifically include all legal users.
  • Expands the elements that may be included in a master plan to encompass all transportation systems that move people and goods.
  • Specifies that transportation improvements identified in a plan are appropriate to the context of the community and considers all legal users of the public right of way.
  • The means for implementing transportation elements of the master plan in cooperation with applicable county road commission or MDOT.

The new laws will influence how we work with virtually every township, county, city, and village in the state. In the coming weeks, I will convene an interdisciplinary work group within MDOT to examine how the new law will affect our processes and resources. If you are asked to participate, I ask that you embrace it as an opportunity to improve how we work with our partners to deliver transportation services in Michigan.

The transportation world is changing. We can face this change fearfully, or with confidence. In my five years as director, we have faced many challenges, adapted to change, and are a better organization for doing so. I am confident we can rise to the challenge of implementing the new Complete Streets law — in letter and spirit — and emerge a stronger organization, and ultimately, a better state

Governor Granholm signs Complete Streets legislation

Tuesday, August 3rd, 2010

Both Complete Streets bills (HB 6151 and HB 6152) were presented to Governor Granholm last Thursday afternoon. Late Sunday, she signed them both.

They were sent to the Secretary of State’s office on Monday as Public Acts 134 and 135 of 2010.

Congratulations to everyone who helped make this possible!

Of course the work is just beginning. These bills really just set the stage for implementing Complete Streets throughout Michigan.

Michigan Complete Streets passes the Senate!

Wednesday, July 28th, 2010

Complete Streets in Michigan took another huge step forward today.

According to John Lindemeyer from the League of Michigan Bicyclists:

HB 6152 passed out of the Senate unanimously while 6151 was passed unanimously after an amendment was introduced upon the request of MDOT. Later in the day the House then took up HB 6151 again for a vote of concurrence where it passed by a margin of 76 to 21.

In summary, House Bill 6151 would require MDOT to have a Complete Streets policy and would encourage other Michigan road agencies to do the same. House Bill 6152 would make non-motorized planning a required part of each municipality’s master plan.

The MDOT amendment John mentioned above does not sound unreasonable nor does it seem to affect the main intent of this legislation.

A huge thanks to everyone who contacted their state legislator and helped keep this moving in Lansing.