HF 2006

as introduced - 86th Legislature (2009 - 2010) Posted on 02/09/2010 01:57am

A bill for an act
relating to highway construction; requiring road authorities to mitigate
construction impacts on small businesses; creating construction mitigation grant
program; appropriating money; amending Minnesota Statutes 2008, section
160.16, by adding a subdivision; proposing coding for new law in Minnesota
Statutes, chapters 116J; 161.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

new text begin [116J.432] CONSTRUCTION MITIGATION GRANT PROGRAM.
new text end

new text begin Subdivision 1. new text end

new text begin Purpose. new text end

new text begin The purpose of the construction mitigation grant program
is to mitigate the impacts of road construction on local small businesses, to promote the
retention of jobs in road construction areas, and to provide outreach to the public and small
businesses to minimize interruption to local commerce. The Department of Transportation,
Department of Employment and Economic Development, and local government units shall
work together to ensure that the recommendations of the Department of Transportation's
2009 report to the legislature on transportation construction impacts and any statutory
changes resulting from the report recommendations are applied when implementing the
grant program.
new text end

new text begin Subd. 2. new text end

new text begin Establishment. new text end

new text begin The commissioner of employment and economic
development shall develop and implement a construction mitigation grant program
to make grants available to local government units to mitigate the impacts of road
construction on local small businesses.
new text end

new text begin Subd. 3. new text end

new text begin Definitions. new text end

new text begin For purposes of this section:
new text end

new text begin (1) "applicant" means a local government unit;
new text end

new text begin (2) "commissioner" means the commissioner of the Department of Employment and
Economic Development;
new text end

new text begin (3) "eligible road project" means a project that will affect one or more small
businesses as a result of road work because the work is anticipated to impair road access
for a minimum period of one month;
new text end

new text begin (4) "local government unit" means a county, statutory or home rule charter city,
town, special district, or other political subdivision;
new text end

new text begin (5) "project" has the meaning given it in section 161.2415; and
new text end

new text begin (6) "small business" means a business that employs ten or fewer employees and is
located in an area that is adjacent to an eligible project.
new text end

new text begin Subd. 4. new text end

new text begin Applications. new text end

new text begin A grant applicant shall prepare and submit to the
commissioner a written proposal detailing a construction mitigation plan and strategies on
how the applicant will implement the plan to meet the purpose of the grant program as
provided in subdivision 1.
new text end

new text begin Subd. 5. new text end

new text begin Fund distribution. new text end

new text begin In distributing funds, the commissioner shall consider
the types of businesses affected by the eligible road project and shall balance funding
between eligible road projects within the seven-county metropolitan area and eligible road
projects outside of the seven-county metropolitan area.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 2.

Minnesota Statutes 2008, section 160.16, is amended by adding a subdivision
to read:

new text begin Subd. 4. new text end

new text begin Business signs. new text end

new text begin A road authority, before entering into a contract for
construction or improvement of a street or highway, shall identify any business that will
experience access, parking, or visibility impacts during construction. The road authority
shall consult with affected businesses before and during construction to plan signage that
will mitigate adverse effects on businesses during project construction.
new text end

Sec. 3.

new text begin [161.2415] MITIGATION OF TRANSPORTATION CONSTRUCTION
IMPACTS ON BUSINESS.
new text end

new text begin Subdivision 1. new text end

new text begin Definition. new text end

new text begin For the purposes of this section, "project" means road
work to maintain, construct, or improve a street or highway if the work is anticipated by
the road authority to impair road access to one or more business establishments for a
minimum period of one month.
new text end

new text begin Subd. 2. new text end

new text begin Business liaison. new text end

new text begin (a) Before the beginning of project construction work,
the road authority shall identify businesses that are adjacent to the construction area or
whose access to the business premises or parking will be impaired by the project and
designate an individual to serve as business liaison between the road authority and the
affected businesses.
new text end

new text begin (b) The business liaison shall provide information to the identified businesses,
before and during construction, concerning project duration and timetables, lane and
road closures, detours, access impacts, customer parking impacts, visibility, noise, dust,
vibration, and public participation opportunities.
new text end

Sec. 4. new text begin FUNDING; APPROPRIATION.
new text end

new text begin Subdivision 1. new text end

new text begin Funding. new text end

new text begin To the extent that the commissioner receives funds from
the American Recovery and Reinvestment Act of 2009, Public Law 111-5, for the
purposes of Minnesota Statutes, section 116J.432, funding for the construction mitigation
grant program must be done through federal dollars. The commissioner of employment
and economic development is directed to determine whether federal dollars are available
for this purpose.
new text end

new text begin Subd. 2. new text end

new text begin Appropriation. new text end

new text begin $....... is appropriated from the general fund to the
commissioner of employment and economic development to implement a construction
mitigation grant program. This appropriation is only available if federal stimulus money is
not available. This appropriation is available until expended.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end