HF 1973

as introduced - 82nd Legislature (2001 - 2002) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to transportation; regulating state highways 
  1.3             in municipalities; making conforming changes; amending 
  1.4             Minnesota Statutes 2000, sections 160.85, subdivision 
  1.5             3; and 161.1245, subdivision 4; proposing coding for 
  1.6             new law in Minnesota Statutes, chapter 161; repealing 
  1.7             Minnesota Statutes 2000, sections 161.17; 161.171; 
  1.8             161.172; 161.173; 161.174; 161.175; 161.176; 161.177; 
  1.9             and 473.181, subdivision 1. 
  1.10  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.11            HIGHWAY CONSTRUCTION THROUGH MUNICIPALITIES 
  1.12     Section 1.  Minnesota Statutes 2000, section 160.85, 
  1.13  subdivision 3, is amended to read: 
  1.14     Subd. 3.  [APPROVAL.] No road authority and private 
  1.15  operator may execute a development agreement without the 
  1.16  approval of the final agreement by the commissioner.  A road 
  1.17  authority and private operator in the metropolitan area must 
  1.18  obtain the approvals required in sections 161.171 to 161.177 
  1.19  161.162 to 161.167 and 473.167, subdivision 1.  Except as 
  1.20  otherwise provided in sections 161.162 to 161.167, the governing 
  1.21  body of a county or municipality through which a facility passes 
  1.22  may veto the project within 30 days of approval by the 
  1.23  commissioner. 
  1.24     Sec. 2.  Minnesota Statutes 2000, section 161.1245, 
  1.25  subdivision 4, is amended to read: 
  1.26     Subd. 4.  [ROUTE NO. 396.] Notwithstanding section 161.17 
  1.27  or other any state law to the contrary, the commissioner of 
  2.1   transportation shall extend, without undue delay, the interstate 
  2.2   route commonly known as I-35 by construction of Route No. 396 
  2.3   described in section 161.12 in accordance with federal 
  2.4   regulations for receiving federal aid made available by the 
  2.5   United States to the state of Minnesota for highway purposes. 
  2.6      Sec. 3.  [161.162] [DEFINITIONS.] 
  2.7      Subdivision 1.  [APPLICABILITY.] The terms in sections 
  2.8   161.162 to 161.167 have the meanings given them in this section 
  2.9   and section 160.02. 
  2.10     Subd. 2.  [APPEAL BOARD.] "Appeal board" means the 
  2.11  municipal advisory committee on state aid rules established 
  2.12  under section 162.09, subdivision 2. 
  2.13     Subd. 3.  [PLANS.] "Plans" means the technical drawings and 
  2.14  reports, which may include geometric layouts, plan sheets, 
  2.15  profiles, typical cross sections, and supplemental drawings, 
  2.16  that show the location, character, dimensions, access, and 
  2.17  explanatory information about the highway construction or 
  2.18  improvement work being proposed. 
  2.19     Subd. 4.  [FINAL PLAN.] "Final plan" means the set of 
  2.20  technical drawings for the construction or improvement of a 
  2.21  trunk highway provided to contractors for bids. 
  2.22     Subd. 5.  [GOVERNING BODY.] "Governing body" means the 
  2.23  elected council of a municipality. 
  2.24     Subd. 6.  [MUNICIPALITY.] "Municipality" means a statutory 
  2.25  or home rule charter city. 
  2.26     Sec. 4.  [161.163] [HIGHWAY PROJECT REVIEW.] 
  2.27     Subdivision 1.  [PROJECTS REQUIRING REVIEW.] Sections 
  2.28  161.162 to 161.167 apply only to projects that alter access, 
  2.29  increase or reduce highway traffic capacity, or require 
  2.30  acquisition of permanent rights-of-way. 
  2.31     Subd. 2.  [TRAFFIC SAFETY MEASURES.] Nothing contained in 
  2.32  sections 161.162 to 161.167 limits the power of the commissioner 
  2.33  to regulate traffic or install traffic control devices or other 
  2.34  safety measures on trunk highways located within municipalities 
  2.35  regardless of their impact on access or traffic capacity or on 
  2.36  the need for additional right-of-way. 
  3.1      Subd. 3.  [CONSTRUCTION PROGRAM.] Nothing contained in 
  3.2   sections 161.162 to 161.167 limits the commissioner's discretion 
  3.3   to determine priority and programming of trunk highway projects. 
  3.4      Sec. 5.  [161.164] [PLAN APPROVAL PROCESS.] 
  3.5      Subdivision 1.  [SUBMISSION OF PLANS.] Before proceeding 
  3.6   with the construction, reconstruction, or improvement of any 
  3.7   route on the trunk highway system lying within any municipality, 
  3.8   the commissioner shall submit to its governing body plans 
  3.9   covering the route location and proposed design of the highway.  
  3.10  The plans must be submitted as part of a report containing any 
  3.11  supporting data that the commissioner deems helpful to the 
  3.12  governing body in reviewing the plans submitted.  The plans must 
  3.13  be submitted before final decisions are reached so that 
  3.14  meaningful early input can be obtained from the municipality. 
  3.15     Subd. 2.  [GOVERNING BODY ACTION.] Within 90 days from the 
  3.16  date the plans were submitted, the governing body shall approve 
  3.17  or disapprove the plans in writing, as follows: 
  3.18     (a) If the governing body approves the plans or does not 
  3.19  disapprove the plans in writing within 90 days, in which case 
  3.20  the plans are deemed to be approved, the commissioner may 
  3.21  proceed with the project.  If the final plans contain 
  3.22  significant changes in access, traffic capacity or acquisition 
  3.23  of permanent right-of-way from the plans approved by the 
  3.24  governing body, the commissioner shall resubmit the portion of 
  3.25  the final plans where changes were made to the governing body.  
  3.26  The governing body must approve or disapprove the changes, in 
  3.27  writing, within 60 days from the date the commissioner submits 
  3.28  them. 
  3.29     (b) If the governing body disapproves the plans, the 
  3.30  commissioner may make modifications requested by the 
  3.31  municipality, decide not to proceed with the project, or refer 
  3.32  the plans to the appeal board. 
  3.33     Subd. 3.  [APPEAL BOARD.] Within 30 days after referral of 
  3.34  the plans, the appeal board shall hold a hearing at which the 
  3.35  commissioner and the governing body may present the case for or 
  3.36  against approval of the plans referred.  Not later than 60 days 
  4.1   after the hearing, the appeal board shall recommend approval, 
  4.2   recommend approval with modifications, or recommend disapproval 
  4.3   of the plans, making additional recommendations consistent with 
  4.4   state and federal requirements as it deems appropriate.  It 
  4.5   shall submit a written report containing its findings and 
  4.6   recommendations to the commissioner and the governing body. 
  4.7      Sec. 6.  [161.165] [COMMISSIONER ACTION; HIGHWAYS ON MAJOR 
  4.8   CORRIDORS.] 
  4.9      Subdivision 1.  [APPLICABILITY.] This section applies to 
  4.10  trunk highways that are (1) designated by the commissioner as 
  4.11  interregional corridors or high-priority regional corridors and 
  4.12  described in the Minnesota state transportation plan, or (2) on 
  4.13  the marked interstate highways 494 and 694 beltway and principal 
  4.14  arterials within the beltway. 
  4.15     Subd. 2.  [ACTION ON APPROVED PLANS.] (a) If the appeal 
  4.16  board recommends approval of the plans or does not submit its 
  4.17  findings and recommendations within 60 days of the hearing, in 
  4.18  which case the plans are deemed approved, the commissioner may 
  4.19  prepare substantially similar final plans and proceed with the 
  4.20  project.  
  4.21     (b) If the final plans change access, traffic capacity, or 
  4.22  acquisition of permanent right-of-way from the plans approved by 
  4.23  the appeal board, the commissioner shall submit the portion of 
  4.24  the final plans that shows the changes, to the governing body 
  4.25  for its approval or disapproval under section 161.164, 
  4.26  subdivision 2. 
  4.27     Subd. 3.  [ACTION ON PLANS APPROVED WITH CHANGES.] (a) If, 
  4.28  within 60 days, the appeal board recommends approval of the 
  4.29  plans with modifications, the commissioner may: 
  4.30     (1) prepare final plans with the recommended modifications, 
  4.31  notify the governing body, and proceed with the project; 
  4.32     (2) decide not to proceed with the project; or 
  4.33     (3) prepare final plans substantially similar to the plans 
  4.34  referred to the appeal board, and proceed with the project.  The 
  4.35  commissioner shall, before proceeding with the project, file a 
  4.36  written report with the governing body and the appeal board 
  5.1   stating fully the reasons for doing so. 
  5.2      (b) If the final plans contain significant changes in 
  5.3   access or traffic capacity or require additional acquisition of 
  5.4   permanent right-of-way from the plans reviewed by the appeal 
  5.5   board or the governing body, the commissioner shall resubmit the 
  5.6   portion of the final plans that shows the changes, to the 
  5.7   governing body for its approval or disapproval under section 
  5.8   161.164, subdivision 2. 
  5.9      Subd. 4.  [ACTION ON DISAPPROVED PLANS.] (a) If, within 60 
  5.10  days, the appeal board recommends disapproval of the plans, the 
  5.11  commissioner may either: 
  5.12     (1) decide not to proceed with the project; or 
  5.13     (2) prepare final plans substantially similar to the plans 
  5.14  referred to the appeal board, notify the governing body and the 
  5.15  appeal board, and proceed with the project.  Before proceeding 
  5.16  with the project, the commissioner shall file a written report 
  5.17  with the governing body and the appeal board stating fully the 
  5.18  reasons for doing so. 
  5.19     (b) If the final plans contain significant changes in 
  5.20  access or traffic capacity or require additional acquisition of 
  5.21  permanent right-of-way from the plans reviewed by the appeal 
  5.22  board or the governing body, the commissioner shall resubmit the 
  5.23  portion of the final plans that shows the changes, to the 
  5.24  governing body for its approval or disapproval under section 
  5.25  161.164, subdivision 2. 
  5.26     Subd. 5.  [FINAL PLANS ISSUED.] The commissioner shall send 
  5.27  a complete set of final plans to the municipality at least 45 
  5.28  days before the bid opening for informational purposes. 
  5.29     Sec. 7.  [161.166] [COMMISSIONER ACTION; HIGHWAYS NOT ON 
  5.30  MAJOR CORRIDORS.] 
  5.31     Subdivision 1.  [APPLICABILITY.] This section applies to 
  5.32  trunk highways that are not described in section 161.165, 
  5.33  subdivision 1. 
  5.34     Subd. 2.  [ACTION ON APPROVED PLANS.] If the appeal board 
  5.35  recommends approval of plans or does not submit its findings or 
  5.36  recommendations within 60 days of the hearing, in which case the 
  6.1   plans are deemed approved, the commissioner may prepare 
  6.2   substantially similar final plans and proceed with the project.  
  6.3   If the final plans change access or traffic capacity or require 
  6.4   additional acquisition of right-of-way from the plans approved 
  6.5   by the appeal board, the commissioner shall submit the portion 
  6.6   of the final plan that shows the changes, to the governing body 
  6.7   for its approval or disapproval under section 161.164, 
  6.8   subdivision 2. 
  6.9      Subd. 3.  [ACTION ON PLANS APPROVED WITH CHANGES.] (a) If 
  6.10  the appeal board approves the plans with modifications, the 
  6.11  commissioner may: 
  6.12     (1) prepare final plans including the modifications, notify 
  6.13  the governing body, and proceed with the project; 
  6.14     (2) decide not to proceed with the project; or 
  6.15     (3) prepare a new plan and resubmit the plan to the 
  6.16  governing body for approval or disapproval under section 
  6.17  161.164, subdivision 2. 
  6.18     (b) If the final plans contain significant changes in 
  6.19  access or traffic capacity or require additional acquisition of 
  6.20  permanent right-of-way from the plans reviewed by the appeal 
  6.21  board or the governing body, the commissioner shall resubmit the 
  6.22  portion of the final plans that shows the changes, to the 
  6.23  governing body for its approval or disapproval under section 
  6.24  161.164, subdivision 2. 
  6.25     Subd. 4.  [ACTION ON DISAPPROVED PLANS.] (a) If the appeal 
  6.26  board disapproves the plan, the commissioner may: 
  6.27     (1) decide not to proceed with the project; or 
  6.28     (2) prepare a new plan and submit the plan to the governing 
  6.29  body for approval or disapproval under section 161.164, 
  6.30  subdivision 2. 
  6.31     (b) If the final plans contain significant changes in 
  6.32  access or traffic capacity or require additional acquisition of 
  6.33  permanent right-of-way from the plans reviewed by the appeal 
  6.34  board or the governing body, the commissioner shall resubmit the 
  6.35  portion of the final plans that shows the changes, to the 
  6.36  governing body for its approval or disapproval under section 
  7.1   161.164, subdivision 2. 
  7.2      Subd. 5.  [FINAL PLANS ISSUED.] The commissioner shall send 
  7.3   a complete set of final plans to the municipality at least 45 
  7.4   days before the bid opening for informational purposes. 
  7.5      Sec. 8.  [161.167] [REIMBURSEMENT OF EXPENSES.] 
  7.6      Members of the appeal board shall submit to the 
  7.7   commissioner an itemized list of the expenses incurred in 
  7.8   disposing of matters presented to them.  The appeal board 
  7.9   members shall be reimbursed for all reasonable expenses incurred 
  7.10  by them in the performance of their duties.  The commissioner 
  7.11  shall pay these costs out of the trunk highway fund. 
  7.12     Sec. 9.  [REPEALER.] 
  7.13     Minnesota Statutes 2000, sections 161.17; 161.171; 161.172; 
  7.14  161.173; 161.174; 161.175; 161.176; 161.177; and 473.181, 
  7.15  subdivision 1, are repealed. 
  7.16     Sec. 10.  [EFFECTIVE DATE.] 
  7.17     This act is effective the day following final enactment.