Bill Summary – FastDemocracy

Legislative Analysis
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REQUIRE MDOT TO USE CERTAIN BARRIERS WHN                                                http://www.house.mi.gov/hfa
CLOSING A FREEWAY FOR CONSTRUCTION
                                                                                        Analysis available at
Senate Bill 43 (S-1) as reported from House committee            http://www.legislature.mi.gov
Sponsor: Sen. John Cherry
House Committee: Transportation, Mobility and Infrastructure
Senate Committee: Transportation and Infrastructure
Complete to 6-22-23
                                                      (Enacted as Public Act 164 of 2023)
SUMMARY:
           Senate Bill 43 would amend 1917 PA 165, which governs construction road closures, to
           require the Michigan Department of Transportation (MDOT) to use concrete or equivalent
           crashworthy temporary barriers when completely closing a freeway to traffic and to use
           such barriers to separate road workers from traffic if a portion of a freeway is closed at
           night.
           Currently, the act allows officials to close a highway or part of a highway under
           construction, improvement, or repair. A highway must not be closed until suitable barriers
           have been erected at the ends of the closed highway and at the points where it intersects
           with other highways.
                   Highway includes roads and streets.
                   Suitable barrier means a barrier that conforms to the Michigan Manual on Uniform
                   Traffic Control Devices. 1
           The bill would retain the above provisions and add that, if MDOT closes a freeway or
           portion of a freeway to construct, improve, or repair the freeway, freeway portion, or a
           bridge located on the freeway or freeway portion, both of the following apply:
               • If the freeway is closed completely to traffic, it must be closed using concrete
                   barriers or equivalent crashworthy temporary traffic barriers. Ramp access to the
                   freeway could be closed with barricades, concrete barriers, or other equivalent
                   crashworthy temporary traffic barriers to maintain access for construction traffic
                   and emergency services.
               • If the freeway is not closed completely to traffic and a portion of the freeway is
                   closed at any time between half an hour after sunset to half an hour before sunrise
                   for work scheduled to be done at that time in a contract between a contractor and
                   MDOT, concrete barriers or equivalent crashworthy temporary traffic barriers must
                   separate any road workers who are performing work from traffic.
1
    https://mdotcf.state.mi.us/public/tands/Details_Web/mmutcdcompleteinteractive.pdf
House Fiscal Agency                                                                                        Page 1 of 3
                    Freeway would mean a divided arterial highway for through traffic with full control
                    of access and with all crossroads separated in grade from pavements for through
                    traffic.
                    Crashworthy would mean (as defined in the Michigan Manual on Uniform Traffic
                    Control Devices) a characteristic of a roadside appurtenance that has been
                    successfully crash tested in accordance with a national standard such as the
                    National Cooperative Highway Research Program (NCHRP) Report 350,
                    “Recommended Procedures for the Safety Performance Evaluation of Highway
                    Features.” 2
           However, the bill would not apply if a freeway or freeway portion described above is closed
           for not more than three days for an emergency repair, utility crossing, maintenance, or other
           short-duration operation.
           Finally, the bill would allow MDOT to exercise its engineering judgment in designing and
           placing concrete barriers or equivalent crashworthy temporary traffic barriers and
           associated traffic control devices for freeways closures to account for site-specific
           conditions, such as roadway grade, equipment malfunctions, emergency service, law
           enforcement needs, crash history, or work duration. If it is the engineering judgment that
           the use of concrete barriers would cause additional risks for road users, additional safety
           measures to protect road workers would have to be included in the contract between the
           contractor and MDOT.
           MCL 247.291 and proposed MCL 247.291a and 247.291b
FISCAL IMPACT:
           1917 PA 165 deals with the closure of highways or portions of highways that are under
           construction, improvement, or repair and with bridges on highways that are under
           construction or repair. Specifically, the act authorizes the “officials in charge of” the
           highways or bridges to close them while they are under construction, improvement, or
           repair and requires the erection of suitable barriers at both ends of the closure. (The act
           does not specify who “officials in charge of” highways are.) The act also requires detours
           to be provided around the closed road or bridge and provides penalties for noncompliance.
           It appears that the act currently applies to some local road agencies to the extent that they
           have jurisdiction over highways (which under the act include roads and streets), as well as
           to MDOT. However, as described above, the bill’s amendatory language would apply only
           to MDOT and to freeways (as defined by the bill) under MDOT jurisdiction. The bill
           would establish specific statutory requirements for MDOT with respect to the erection of
           barriers on freeways and freeway bridges under MDOT jurisdiction when those facilities
           are closed for construction, improvement, or repair. The bill also would allow MDOT to
           exercise its engineering judgment to account for site-specific conditions. If it is determined
           that concrete barriers at a specific site would pose additional risks to road users, additional
2
    https://onlinepubs.trb.org/onlinepubs/nchrp/nchrp_rpt_350-a.pdf
House Fiscal Agency                                    SB 43 (S-1) as reported from House committee   Page 2 of 3
       safety measures to protect construction workers would have to be included in the contract
       between MDOT and the contractor.
       It is not clear at this time if the proposed statutory requirements would be a change to
       MDOT’s current operations or would impose additional costs on the department’s
       construction projects.
       The bill has no apparent impact on local units of government.
POSITIONS:
       A representative of Operating Engineers Local 324 testified in support of the bill.
       (6-20-23)
       The following entities indicated support for the bill (6-20-23):
          • Michigan Department of Transportation
          • Oakland County Commission
                                                          Legislative Analyst: E. Best
                                                               Fiscal Analyst: William E. Hamilton
■ This analysis was prepared by nonpartisan House Fiscal Agency staff for use by House members in their
deliberations and does not constitute an official statement of legislative intent.
House Fiscal Agency                             SB 43 (S-1) as reported from House committee   Page 3 of 3
Statutes affected: 
Substitute (S-1): 247.291
Senate Introduced Bill: 247.291
As Passed by the Senate: 247.291
As Passed by the House: 247.291
Public Act: 247.291
Senate Enrolled Bill: 247.291