Act No. 66
Public Acts of 2023
Approved by the Governor
July 11, 2023
Filed with the Secretary of State
July 12, 2023
EFFECTIVE DATE: July 12, 2023
STATE OF MICHIGAN
102ND LEGISLATURE
REGULAR SESSION OF 2023
Introduced by Senators Camilleri, Geiss, Cavanagh, Klinefelt, Bayer, McMorrow, Cherry,
Polehanki and Chang
ENROLLED SENATE BILL No. 125
AN ACT 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
(33) 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; to investigate and
study the tolling of roads, streets, highways, or bridges; and to repeal acts and parts of acts,” (MCL 247.651 to
247.675) by adding section 11i.
The People of the State of Michigan enact:
Sec. 11i. (1) The department shall create and operate a local grade separation grant program for the separation
of motor vehicle traffic and railroad traffic in this state. The department shall provide grants to cities, villages,
and county road commissions in this state.
(2) A funding application for the local grade separation grant program must be made on a form approved by
the department and must contain the information required under section 11j and by the department. A funding
application under this section may be made at any time as determined by the department.
(3) The department shall establish a review process for considering funding applications under this section
that includes the parameters for prioritizing the approval of funding applications as described in section 11j. No
later than 180 days after receiving a funding application under this section, the department shall notify the
applicant whether the funding application is approved or rejected. Before releasing grant funds awarded under
this section, the department must enter into a written agreement, as described in subsection (4), with the funding
recipient. Grant funds awarded under this section may be used by the funding recipient for any stage of design
and construction related to either of the following:
(a) A grade separation project.
(b) A project that improves traffic at a rail crossing without a full grade separation, including, but not limited
to, construction of a rail siding or spur.
(4) The written agreement between the department and the funding recipient required under subsection (3)
must provide for both of the following:
(a) A description of the grade separation project, or project described in subsection (3)(b).
(b) A local, private, or federal match of not less than 10% of the cost of the grade separation project, or project
described in subsection (3)(b).
(5) For each year in which the department receives funding applications, the department shall report by
December 1 to the standing committees of the senate and house of representatives with primary jurisdiction over
issues pertaining to transportation and to the senate and house of representatives appropriations committees on
the utilization of funds from the local grade separation grant program. The report must include, at a minimum,
all of the following:
(a) The number of funding applications received under this section.
(b) The name of each city, village, or county road commission that submitted a funding application, and
whether each funding application was approved or denied.
(c) The amount of local match for each funding application approved under this section.
(6) The local grade separation fund is created within the state treasury.
(7) The state treasurer may receive money or other assets from any source for deposit into the local grade
separation fund. The state treasurer shall direct the investment of the local grade separation fund. The state
treasurer shall credit to the local grade separation fund interest and earnings from local grade separation fund
investments.
(8) Money in the local grade separation fund at the close of the fiscal year remains in the local grade separation
fund and does not lapse into the general fund.
(9) The state transportation department is the administrator of the local grade separation fund for auditing
purposes.
(10) The state transportation department shall expend money from the local grade separation fund, on
appropriation, only to fund and operate the local grade separation grant program created in subsection (1).
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Secretary of the Senate
(11) As used in this section, “grade separation” means an intersection of a railroad and roadway at different
levels with the railroad either above or below the roadway.
Enacting section 1. This amendatory act does not take effect unless House Bill No. 4153 of the 102nd Legislature
is enacted into law.
This act is ordered to take immediate effect.
Clerk of the House of Representatives
Approved
Governor
Compiler's note: House Bill No. 4153, referred to in enacting section 1, was filed with the Secretary of State July
12, 2023, and became 2023 PA 67, Imd. Eff. July 12, 2023.
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