ACT 51 Section 10k
Paving the way for Cycling
in Michigan

By STEVEN ROACH,
LMB Region 1 Representative

In the 1880s, the League of American Wheelman (now the League of American Bicyclists) advocated for better roads, starting the “Good Roads Movement.” In 1906, this movement resulted in the Michigan Legislature establishing Wayne County as the first road commission. In 1909, the Wayne County Road Commission paved in concrete the very first mile of a road in the entire United States. Since then, counties, cities, and villages have created a network of roadways that benefit motor vehicles.

Unfortunately, they quickly forgot whose idea it was to make better roads, and often failed to accommodate bicycling, in terms of bike lanes, bike routes, appropriate signage and bike parking.

In 1972, the Legislature mandated the Michigan Department of Transportation (MDOT), county road commissions, cities and villages to expend “reasonable amounts” of highway funds (primarily from fuel taxes) on “facilities and services for nonmotorized transportation including bicycling.” (P.A. 1972, No. 327; MCL 247.660k.) The term “reasonable” provided great leeway.

OPEC’s oil embargo in the late 1970s coincided with the legislature specifying that “reasonable” means at least 1%: “a reasonable amount, but not less than 1% of those funds shall be expended for construction or improvement of nonmotorized transportation services and facilities.” (P.A. 1978, No. 444.) The 1%-minimum mandate applies to a 10-year average, which permits a county, city or village to undertake a more expensive improvement project, such as creating dedicated paved bike paths.

In 2006, the legislature amended this statute once again to eliminate a loophole that permitted some to assert that paving gravel roads satisfied this requirement. (P.A. 2006, No. 82.) In doing so, the Legislature specified that the following were acceptable expenditures for nonmotorized transportation: “[a]n improvement in a road, street, or highway which facilitates nonmotorized transportation by the paving of unpaved road shoulders, widening of lanes, the addition or improvement of a sidewalk in a city or village, or any other appropriate measure ....”
In addition, each county, city and village must prepare a five-year program for improvements to non-motorized facilities, which expressly includes bicycling, under Section 10k(5).**

MDOT has prepared a list of acceptable projects, which includes bike paths, new bike lanes, bike parking, signs and pavement markings to create bike lanes in existing streets. Unfortunately, the statute does not require local governments to file annual reports with MDOT.

Today, we have another oil crisis, with gas prices approaching $4 a gallon. Act 51’s “One Percent Solution” provides the means to create cycling lanes and cycling routes as part of an integrated transit system, which will reduce dependence on foreign fuels, reduce carbon emissions, and improve health and fitness. However, this must be done at the local level, because almost all of the local road-improvement money is allocated and spent at the local level.

How is the One Percent Money spent?

The Act 51 funds are quite substantial. In 2007, they totaled $628,000,000 to counties (See breakdown by counties) and $359,000,000 (See breakdown by municipalities)to cities and villages, a total of almost one billion dollars, of which almost ten million dollars should have been spent on “non-motorized transportation including bicycling.” Ten million dollars will pay for miles of pavement markings to designate bike lanes on existing streets, many “share the road” signs and many bike racks.

Although the Legislature did not mandate centralized reporting, all local governments must keep records of their Act 51 expenditures, including the mandatory one percent for non-motorized transportation. You will need to ask your local government how it spent the Section 10k funds required under Act 51 of 1951.

Take Action!

You should ask for an accounting of at least the last year, but better, the last ten years, because of the averaging rule. You also should ask for a copy of their most recent five-year improvement program report prepared under Section 10k(5).

The first and best step is to ask in person or by telephone. For larger cities and counties, it is best to ask if someone is responsible for bicycling coordination and speak directly with that person. For smaller cities and villages, a personal visit to the town hall is best, as even the most harried clerks will warm to a friendly smile.

If the personal approach results in inadequate or no documentation, you can submit a Freedom of Information Act (FOIA) request. A FOIA request letter is typically addressed to the “FOIA Coordinator” for the Department of Transportation or Public Works for the local government. (Sample FOIA Letter)

Your FOIA letter should request the following: (1) the most recent five-year program for the improvement of non-motorized facilities as required under Section 10k(5) of Act 51; (2) a report or accounting of the Section 10k expenditure required by Act 51; and (3) the current budget for Section 10k expenditures.

If the local government does not maintain a separate report or accounting of Section 10k expenditures, you may need to make an additional request for all expenditures of Act 51 funds, and then determine what, if anything, satisfied Section 10k.

A local government is permitted to charge you the cost of responding to a FOIA request, including copying, mailing and labor for retrieval. Consequently, you may want to ask the FOIA coordinator to provide you with an estimate of the cost of the retrieval.

What will you do with the Information?

Once you obtain the information, you can determine whether your local government is spending the One Percent as mandated. You could develop an action plan to present to your municipality for using Act 51 funds to improve local bicycling conditions. Please also send the information you obtain to the LMB. The League will add these reports to its Act 51 Funding database, and use the information to promote bicycling and the rights of bicyclists on the roadways in Michigan.

Any action plan needs to be realistic in terms of available funding. The One Percent Solution is sufficient to pay for signage, marking bike lanes on existing roads and installing bike racks. These three improvements will provide greater comfort, convenience and safety for bicyclists on the roadways. Something as simple as bike racks will make a short trip by bike, rather than by car, a more attractive option. Links to list of estimated costs for various bike-related projects are located at the top of this page.

How can you access One Percent Solution Funds?

Only the federal government may operate with deficits. The state and all subsidiary governments may spend no more than they bring in, which they determine during the budget process. The state’s budget process is ballyhooed for months. Budget meetings for local governments are open and advertised, but receive far less public attention.

To influence how this money is spent, you need to be active and start early in the budget process. Indeed, municipal departments often start working on the next budget almost a year before council meets to approve the budget. You need to convince your elected and appointed officials to include One Percent for bicycling in their five-year capital improvements plan. Remind them that One Percent of all Act 51 money must be spent on “nonmotorized transportation including bicycling.”

There is competition for the One Percent. Your local government may want to spend this money on sidewalks, ramps and curb cuts, rather than bicycling. However, if you attend council planning meetings and make a case for the importance of bicycling to the community and the need for improvements, your local government will respond.

Tell your elected and appointed officials about a local improvement that the One Percent Solution for can pay for in full, such as bike parking at local stores. Tell them why bicycling is important, how it will increase support for local business, and how it fits into a comprehensive transit solution. Tell them how bicycling improves their town’s quality of life.

Be active. Make a difference. After all, Section k monies are your tax dollars.

* One Percent is a minimum. Ann Arbor, the only Michigan city recognized by the League of American Bicyclists as a “Bicycle Friendly Community,” earmarks 5% of its transportation funds for nonmotorized transportation.