SF 2812

2nd Engrossment - 82nd Legislature (2001 - 2002) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to transportation; allocating proceeds from 
  1.3             sales tax on motor vehicles; increasing and indexing 
  1.4             the motor fuel tax; authorizing trunk highway bonds; 
  1.5             requiring a metropolitan area election concerning 
  1.6             imposition of one-half cent general sales tax; 
  1.7             dedicating sales tax revenues to highway improvements 
  1.8             and transit capital in the metropolitan area; 
  1.9             requiring the commissioner of transportation to 
  1.10            utilize agriculture-based de-icing solutions; 
  1.11            providing reimbursement to fire departments for 
  1.12            certain vehicle fires; creating technical advisory 
  1.13            group to streamline environmental review process; 
  1.14            appropriating money; amending Minnesota Statutes 2000, 
  1.15            sections 161.465; 162.07, subdivision 1, by adding 
  1.16            subdivisions; 296A.07, subdivision 3, by adding a 
  1.17            subdivision; 296A.08, subdivision 2, by adding a 
  1.18            subdivision; 366.011; 366.012; 473.661, by adding a 
  1.19            subdivision; Minnesota Statutes 2001 Supplement, 
  1.20            sections 174.242, by adding a subdivision; 297B.09, 
  1.21            subdivision 1; proposing coding for new law in 
  1.22            Minnesota Statutes, chapters 16A; 161; 162; 270; 
  1.23            proposing coding for new law as Minnesota Statutes, 
  1.24            chapter 473J. 
  1.25  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.26                             ARTICLE 1
  1.27                       TRANSPORTATION FINANCE
  1.28     Section 1.  [16A.89] [MULTIMODAL TRANSPORTATION FUND.] 
  1.29     Subdivision 1.  [FUND ESTABLISHED.] A multimodal 
  1.30  transportation fund is established in the state treasury.  The 
  1.31  fund consists of money credited under section 297B.09, 
  1.32  subdivision 1, and other money credited to the fund by law.  
  1.33  Money in the fund must be credited 40 percent to the department 
  1.34  of transportation multimodal account in subdivision 2 and 60 
  1.35  percent to the transit account in subdivision 3. 
  2.1      Subd. 2.  [DEPARTMENT OF TRANSPORTATION MULTIMODAL 
  2.2   ACCOUNT.] A department of transportation multimodal account is 
  2.3   created within the multimodal fund.  Money in the account is 
  2.4   annually appropriated to the commissioner of transportation and 
  2.5   may be expended for costs related to any transportation purpose 
  2.6   in the state.  At least 20 percent of the money must be used for 
  2.7   transit assistance in areas outside of the metropolitan area as 
  2.8   defined in section 473.121, subdivision 2.  The commissioner 
  2.9   shall pay the state's share of costs related to membership in 
  2.10  the Midwest Regional rail compact from the proceeds in the 
  2.11  account.  Twenty-five percent of the money available in the 
  2.12  account must be credited to a small cities municipal account and 
  2.13  distributed to cities with a population under 5,000 as specified 
  2.14  in section 162.62.  The commissioner shall include as part of 
  2.15  each biennial budget document submitted to the legislature: 
  2.16     (1) an estimate of the total amount of money available in 
  2.17  the account; 
  2.18     (2) an estimate of the amount of money distributed to 
  2.19  cities with a population less than 5,000; and 
  2.20     (3) a detailed plan for expenditure of the money in the 
  2.21  next biennium. 
  2.22     Subd. 3.  [TRANSIT ACCOUNT.] A transit account is created 
  2.23  within the multimodal fund.  Money in the account is annually 
  2.24  appropriated to the metropolitan council for expenditure on 
  2.25  costs related to transit operations and capital within the 
  2.26  metropolitan area. 
  2.27     The council and department of transportation shall include 
  2.28  as part of each biennial budget document submitted to the 
  2.29  legislature: 
  2.30     (1) an estimate of the total amount of money available in 
  2.31  the account; and 
  2.32     (2) a detailed plan for expenditure of the money in the 
  2.33  next biennium. 
  2.34     Sec. 2.  Minnesota Statutes 2000, section 162.07, 
  2.35  subdivision 1, is amended to read: 
  2.36     Subdivision 1.  [FORMULA.] After deducting for 
  3.1   administrative costs and for the disaster account and research 
  3.2   account and state park roads as heretofore provided, the 
  3.3   remainder of the total sum provided for in section 162.06, 
  3.4   subdivision 1, shall be identified as the apportionment sum 
  3.5   and shall be apportioned by the commissioner to the several 
  3.6   counties on the basis of the needs of the counties as determined 
  3.7   in accordance with the following formula: 
  3.8      (1) An amount equal to ten percent of the apportionment sum 
  3.9   shall be apportioned equally among the 87 counties.  
  3.10     (2) An amount equal to ten percent of the apportionment sum 
  3.11  shall be apportioned among the several counties so that each 
  3.12  county shall receive of such amount the percentage that its 
  3.13  motor vehicle registration for the calendar year preceding the 
  3.14  one last past, determined by residence of registrants, bears to 
  3.15  the total statewide motor vehicle registration.  
  3.16     (3) An amount equal to 30 percent of the apportionment sum 
  3.17  shall be apportioned among the several counties so that each 
  3.18  county shall receive of such amount the percentage that its 
  3.19  total lane-miles of approved county state-aid highways bears to 
  3.20  the total lane-miles of approved statewide county state-aid 
  3.21  highways.  In 1997 and subsequent years no county may receive, 
  3.22  as a result of an apportionment under this clause based on 
  3.23  lane-miles rather than miles of approved county state-aid 
  3.24  highways, an apportionment that is less than its apportionment 
  3.25  in 1996. 
  3.26     (4) An amount equal to 50 percent of the apportionment sum 
  3.27  shall be apportioned among the several counties so that each 
  3.28  county shall receive of such amount the percentage that its 
  3.29  money needs bears to the sum of the money needs of all of the 
  3.30  individual counties; provided, that the percentage of such 
  3.31  amount that each county is to receive shall be adjusted so that 
  3.32  each county shall receive in 1958 a total apportionment at least 
  3.33  ten percent greater than its total 1956 apportionments from the 
  3.34  state road and bridge fund; and provided further that those 
  3.35  counties whose money needs are thus adjusted shall never receive 
  3.36  a percentage of the apportionment sum less than the percentage 
  4.1   that such county received in 1958 the excess sum. 
  4.2      (a) The excess sum shall be calculated by subtracting a 
  4.3   proportionate share of the deductions for administrative costs 
  4.4   and for the disaster account and research account from the 
  4.5   amount available due to an increase in the motor fuel tax rate 
  4.6   imposed on or after June 1, 2002, as follows: 
  4.7      (1) in the gasoline excise tax rate above a rate of 22.0 
  4.8   cents per gallon; or 
  4.9      (2) in the excise tax rate for E85, M85, and special fuels 
  4.10  above the energy equivalent of a gasoline tax rate of 22.0 cents 
  4.11  per gallon. 
  4.12     (b) The apportionment sum shall be calculated by 
  4.13  subtracting the excess sum from the remainder of the total sum. 
  4.14     Sec. 3.  Minnesota Statutes 2000, section 162.07, is 
  4.15  amended by adding a subdivision to read: 
  4.16     Subd. 1a.  [APPORTIONMENT SUM.] The apportionment sum shall 
  4.17  be apportioned by the commissioner to the several counties on 
  4.18  the basis of the needs of the counties as determined in 
  4.19  accordance with the following formula: 
  4.20     (a) An amount equal to ten percent of the apportionment sum 
  4.21  shall be apportioned equally among the 87 counties.  
  4.22     (b) An amount equal to ten percent of the apportionment sum 
  4.23  shall be apportioned among the several counties so that each 
  4.24  county shall receive of such amount the percentage that its 
  4.25  motor vehicle registration for the calendar year preceding the 
  4.26  one last past, determined by residence of registrants, bears to 
  4.27  the total statewide motor vehicle registration.  
  4.28     (c) An amount equal to 30 percent of the apportionment sum 
  4.29  shall be apportioned among the several counties so that each 
  4.30  county shall receive of such amount the percentage that its 
  4.31  total lane-miles of approved county state-aid highways bears to 
  4.32  the total lane-miles of approved statewide county state-aid 
  4.33  highways.  In 1997 and subsequent years no county may receive, 
  4.34  as a result of an apportionment under this clause based on 
  4.35  lane-miles rather than miles of approved county state-aid 
  4.36  highways, an apportionment that is less than its apportionment 
  5.1   in 1996. 
  5.2      (d) An amount equal to 50 percent of the apportionment sum 
  5.3   shall be apportioned among the several counties so that each 
  5.4   county shall receive of such amount the percentage that its 
  5.5   money needs bears to the sum of the money needs of all of the 
  5.6   individual counties; provided, that the percentage of such 
  5.7   amount that each county is to receive shall be adjusted so that 
  5.8   each county shall receive in 1958 a total apportionment at least 
  5.9   ten percent greater than its total 1956 apportionments from the 
  5.10  state road and bridge fund; and provided further that those 
  5.11  counties whose money needs are thus adjusted shall never receive 
  5.12  a percentage of the apportionment sum less than the percentage 
  5.13  that such county received in 1958.  
  5.14     Sec. 4.  Minnesota Statutes 2000, section 162.07, is 
  5.15  amended by adding a subdivision to read: 
  5.16     Subd. 1b.  [EXCESS SUM.] The excess sum shall be 
  5.17  apportioned by the commissioner to the several counties on the 
  5.18  basis of the needs of the counties as determined in accordance 
  5.19  with the following formula: 
  5.20     (a) An amount equal to ten percent of the excess sum shall 
  5.21  be apportioned equally among the 87 counties. 
  5.22     (b) An amount equal to ten percent of the apportionment sum 
  5.23  shall be apportioned among the several counties so that each 
  5.24  county shall receive of such amount the percentage that its 
  5.25  total lane-miles of approved county state-aid highways bears to 
  5.26  the total lane-miles of approved statewide county state-aid 
  5.27  highways. 
  5.28     (c) An amount equal to 30 percent of the excess sum shall 
  5.29  be apportioned among the several counties so that each county 
  5.30  shall receive of such amount the percentage that its population 
  5.31  bears to the total population of the state. 
  5.32     (d) An amount equal to 50 percent of the excess sum shall 
  5.33  be apportioned among the several counties so that each county 
  5.34  shall receive of such amount the percentage that its money needs 
  5.35  bears to the sum of the money needs of all of the individual 
  5.36  counties. 
  6.1      Sec. 5.  [162.62] [SMALL CITIES MUNICIPAL ACCOUNT.] 
  6.2      Subdivision 1.  [ESTIMATE OF ACCRUALS.] By December 15 of 
  6.3   each year, the commissioner shall estimate the amount of money 
  6.4   that will be available to the small cities municipal account as 
  6.5   provided in section 16A.89, subdivision 2, during that fiscal 
  6.6   year.  The amount available is based on actual receipts from 
  6.7   July 1 through November 30, the unallocated account balance, and 
  6.8   the projected receipts for the remainder of the fiscal year.  
  6.9   The total available must be apportioned by the commissioner to 
  6.10  the cities having a population of less than 5,000 as provided in 
  6.11  subdivision 2. 
  6.12     Subd. 2.  [FACTORS IN FORMULA.] The total sum provided for 
  6.13  in subdivision 1 must be apportioned by the commissioner to the 
  6.14  cities having a population of less than 5,000 in accordance with 
  6.15  the following formula: 
  6.16     (a) An amount equal to 50 percent of the apportionment sum 
  6.17  must be apportioned among the cities having a population of less 
  6.18  than 5,000 so that each of the cities receives the percentage of 
  6.19  the amount apportioned that its population bears to the total 
  6.20  population of all of the cities. 
  6.21     (b) An amount equal to 50 percent of the apportionment sum 
  6.22  must be apportioned among the cities having a population of less 
  6.23  than 5,000 so that each of the cities receives the percentage of 
  6.24  the amount apportioned that its total lane-miles of municipal 
  6.25  streets bears to the total lane-miles of municipal streets of 
  6.26  all the cities. 
  6.27     Subd. 3.  [STATEMENT OF APPORTIONMENT TO EACH CITY.] Upon 
  6.28  determining the amount of money to be apportioned to each of the 
  6.29  cities having a population of less than 5,000, the commissioner 
  6.30  shall forthwith send a statement of the amount to the 
  6.31  commissioner of finance and to the clerk of the city.  The 
  6.32  amount so apportioned to each city must be paid by the state to 
  6.33  the fiscal officer of the city out of the small cities municipal 
  6.34  account. 
  6.35     Subd. 4.  [PURPOSES; OTHER USES; OTHER FUNDS.] Money 
  6.36  apportioned under subdivision 2 must be used for aid in the 
  7.1   establishment, location, construction, reconstruction, 
  7.2   improvement, and maintenance of municipal streets within the 
  7.3   city.  The governing body of the city may, subject to the 
  7.4   consent of the commissioner, use a portion of the money so 
  7.5   apportioned on any state trunk highway or county state-aid 
  7.6   highway within the city.  
  7.7      Sec. 6.  [270.081] [TAXES CREDITED TO DEBT SERVICE 
  7.8   ACCOUNT.] 
  7.9      The revenue credited to the trunk highway fund from a tax 
  7.10  rate adjustment imposed under sections 296A.07, subdivision 5, 
  7.11  and 296A.08, subdivision 7, must be credited to the trunk 
  7.12  highway debt service account in the state bond fund. 
  7.13     Sec. 7.  Minnesota Statutes 2000, section 296A.07, 
  7.14  subdivision 3, is amended to read: 
  7.15     Subd. 3.  [RATE OF TAX.] The gasoline excise tax is imposed 
  7.16  at the following rates: 
  7.17     (1) E85 is taxed at the rate of 14.2 18.5 cents per gallon; 
  7.18     (2) M85 is taxed at the rate of 11.4 14.8 cents per gallon; 
  7.19  and 
  7.20     (3) all other gasoline is taxed at the rate of 20 26 cents 
  7.21  per gallon. 
  7.22     Sec. 8.  Minnesota Statutes 2000, section 296A.07, is 
  7.23  amended by adding a subdivision to read: 
  7.24     Subd. 5.  [ANNUAL GASOLINE TAX RATE ADJUSTMENT.] (a) Before 
  7.25  June 1 of each year, the commissioner of revenue shall recompute 
  7.26  and publish the rate of the gasoline excise tax.  The new rate 
  7.27  per gallon must be calculated by multiplying the rate in effect 
  7.28  at the time of the calculation by an amount obtained under 
  7.29  paragraph (b).  The new rate must be rounded to the nearest 0.1 
  7.30  cent and is effective on June 1 of each year. 
  7.31     (b) Divide the annual average United States Consumer Price 
  7.32  Index for all urban consumers, United States city average, as 
  7.33  determined by the United States Department of Labor for the 
  7.34  previous year by that annual average for the year before the 
  7.35  previous year. 
  7.36     Sec. 9.  Minnesota Statutes 2000, section 296A.08, 
  8.1   subdivision 2, is amended to read: 
  8.2      Subd. 2.  [RATE OF TAX.] The special fuel excise tax is 
  8.3   imposed at the following rates: 
  8.4      (1) Liquefied petroleum gas or propane is taxed at the rate 
  8.5   of 15 19.5 cents per gallon. 
  8.6      (2) Liquefied natural gas is taxed at the rate of 12 15.6 
  8.7   cents per gallon. 
  8.8      (3) Compressed natural gas is taxed at the rate 
  8.9   of $1.739 $2.261 per thousand cubic feet; or 20 26 cents per 
  8.10  gasoline equivalent, as defined by the National Conference on 
  8.11  Weights and Measures, which is 5.66 pounds of natural gas. 
  8.12     (4) All other special fuel is taxed at the same rate as the 
  8.13  gasoline excise tax as specified in section 296A.07, subdivision 
  8.14  2.  The tax is payable in the form and manner prescribed by the 
  8.15  commissioner. 
  8.16     Sec. 10.  Minnesota Statutes 2000, section 296A.08, is 
  8.17  amended by adding a subdivision to read: 
  8.18     Subd. 7.  [ANNUAL SPECIAL FUEL TAX RATE ADJUSTMENT.] (a) 
  8.19  Before June 1 of each year, the commissioner of revenue shall 
  8.20  recompute and publish the rate of the special fuel tax.  The new 
  8.21  rate must be calculated by multiplying the rate in effect at the 
  8.22  time of the calculation by an amount obtained under paragraph 
  8.23  (b).  The new rate must be rounded to the nearest 0.1 cent and 
  8.24  is effective on June 1 of each year. 
  8.25     (b) Divide the annual average United States Consumer Price 
  8.26  Index for all urban consumers, United States city average, as 
  8.27  determined by the United States Department of Labor for the 
  8.28  previous year by that annual average for the year before the 
  8.29  previous year. 
  8.30     Sec. 11.  Minnesota Statutes 2001 Supplement, section 
  8.31  297B.09, subdivision 1, is amended to read: 
  8.32     Subdivision 1.  [DEPOSIT OF REVENUES.] (a) Money collected 
  8.33  and received under this chapter must be deposited as provided in 
  8.34  this subdivision.  
  8.35     (b) From July 1, 2001, to June 30, 2002, 30.86 percent of 
  8.36  the money collected and received must be deposited in the 
  9.1   highway user tax distribution fund, and the remaining money must 
  9.2   be deposited in the general fund.  
  9.3      (c) On and after July 1, 2002, 32 percent of the money 
  9.4   collected and received must be deposited 21.2 percent in the 
  9.5   highway user tax distribution fund, and 10.8 percent in the 
  9.6   multimodal transportation fund. 
  9.7      (d) On and after July 1, 2002, 20.5 percent must be 
  9.8   deposited in the metropolitan area transit fund under section 
  9.9   16A.88, and 1.25 percent must be deposited in the greater 
  9.10  Minnesota transit fund under section 16A.88.  In fiscal year 
  9.11  2004 and thereafter, two percent of the money collected and 
  9.12  received must be deposited in the metropolitan area transit 
  9.13  appropriation account under section 16A.88. 
  9.14     (e) The remaining money must be deposited in the general 
  9.15  fund. 
  9.16     Sec. 12.  [TRUNK HIGHWAY BONDS; ISSUANCE.] 
  9.17     The commissioner of finance shall, on recommendation of the 
  9.18  commissioner of transportation, sell and issue Minnesota trunk 
  9.19  highway bonds under Minnesota Statutes, sections 167.50 to 
  9.20  167.52, and the Minnesota Constitution, article XI, sections 4 
  9.21  to 7, and article XIV, section 11, at such times and in such 
  9.22  amounts as are determined by the commissioner of 
  9.23  transportation.  Bonds issued under this section are authorized 
  9.24  in an aggregate principal amount of $1,000,000,000 over a 
  9.25  ten-year period.  The proceeds of the bonds, except accrued 
  9.26  interest and any premium received on the sale of the bonds, must 
  9.27  be credited to the bond proceeds account in the trunk highway 
  9.28  fund.  Notwithstanding Minnesota Statutes, section 16A.642, this 
  9.29  authorization must not be canceled before February 1, 2017. 
  9.30     Sec. 13.  [APPROPRIATIONS.] 
  9.31     Subdivision 1.  [BOND PROCEEDS ACCOUNT.] $1,000,000,000 is 
  9.32  appropriated to the commissioner of transportation from the 
  9.33  separate bond proceeds account in the trunk highway fund for the 
  9.34  construction, reconstruction, and improvement of trunk highways 
  9.35  including acquisition of real property.  No more than 
  9.36  $100,000,000 of this appropriation may be encumbered in each of 
 10.1   fiscal years 2003 through 2012.  Of this appropriation: 
 10.2      (1) 50 percent must be expended on projects in areas 
 10.3   classified by the department of transportation as bottlenecks or 
 10.4   at-risk interregional corridors within the seven-county 
 10.5   metropolitan area, as defined in Minnesota Statutes, section 
 10.6   473.121, subdivision 2; and 
 10.7      (2) 50 percent must be expended for at-risk interregional 
 10.8   corridors located outside of the seven-county metropolitan 
 10.9   area.  Up to 15 percent of the appropriation each year may be 
 10.10  used by the department for delivery of the projects. 
 10.11     Subd. 2.  [TRUNK HIGHWAY FUND.] $50,000,000 is appropriated 
 10.12  for fiscal year 2003 from the trunk highway fund to the 
 10.13  commissioner of transportation for the construction, 
 10.14  reconstruction, and improvement of trunk highways, including the 
 10.15  acquisition of real property.  The commissioner may spend up to 
 10.16  15 percent of this appropriation for delivery of the projects 
 10.17  provided that all work related to program delivery must be done 
 10.18  by state employees. 
 10.19     Subd. 3.  [DEBT SERVICE.] $22,300,000 is appropriated for 
 10.20  fiscal year 2003 from the trunk highway fund to the commissioner 
 10.21  of transportation for debt service payments. 
 10.22     Sec. 14.  [TRANSIT PROJECTS.] 
 10.23     In fiscal year 2003 the commissioner of transportation 
 10.24  shall spend $10,000,000 from the department of transportation 
 10.25  multimodal account on the following projects in priority order: 
 10.26     (1) the east end of the St. Paul busway project; 
 10.27     (2) purchase of the Union Depot in St. Paul; and 
 10.28     (3) design and engineering for the Red Rock Rush line 
 10.29  corridors. 
 10.30     Sec. 15.  [EFFECTIVE DATE.] 
 10.31     Sections 1, 5, 6, 8, 10, 11, 12, and 13 are effective July 
 10.32  1, 2002.  Sections 2, 3, 4, 7, and 9 are effective June 1, 2002. 
 10.33  Sections 7 and 9 apply to all gasoline, undyed diesel fuel, and 
 10.34  special fuel in distributor storage on June 1, 2002. 
 10.35                             ARTICLE 2
 10.36                    METROPOLITAN TRANSPORTATION
 11.1      Section 1.  [473J.01] [METROPOLITAN TRANSPORTATION AREA.] 
 11.2      The metropolitan transportation area is the area within the 
 11.3   counties of Anoka, Carver, Chisago, Dakota, Hennepin, Isanti, 
 11.4   Ramsey, Scott, Sherburne, Washington, and Wright. 
 11.5      Sec. 2.  [473J.02] [HIGHWAY SPENDING IN METROPOLITAN 
 11.6   TRANSPORTATION AREA.] 
 11.7      In any year during the period of imposition of the taxes 
 11.8   authorized in sections 473J.03 and 473J.04, and exclusive of the 
 11.9   expenditure of these revenues, the percentage of total trunk 
 11.10  highway fund expenditures attributable to projects in the 
 11.11  metropolitan transportation area may not vary more than two 
 11.12  percentage points from the average of the previous five years of 
 11.13  trunk highway fund metropolitan transportation area expenditures.
 11.14     Sec. 3.  [473J.03] [SALES TAX.] 
 11.15     There is imposed an excise tax of .5 percent of the gross 
 11.16  receipts from sales at retail made by any person in the 
 11.17  metropolitan transportation area.  The tax is in addition to, 
 11.18  and subject to the same exceptions as, the tax imposed by 
 11.19  section 297A.62, subdivision 1. 
 11.20     Sec. 4.  [473J.04] [MOTOR VEHICLE EXCISE TAX.] 
 11.21     There is imposed an excise tax of $20 per motor vehicle 
 11.22  purchased or acquired by a retail consumer from any person 
 11.23  engaged within the metropolitan transportation area in the 
 11.24  business of selling motor vehicles at retail. 
 11.25     Sec. 5.  [473J.05] [TAX COLLECTION.] 
 11.26     The taxes imposed by sections 473J.03 and 473J.04 must be 
 11.27  reported and paid to the commissioner of revenue with the taxes 
 11.28  imposed by chapter 297A and in accordance with an agreement 
 11.29  between the counties in the metropolitan transportation area and 
 11.30  the commissioner of revenue.  The taxes are subject to the same 
 11.31  interest, penalty, and other provisions provided for sales and 
 11.32  use taxes under chapters 289A and 297A.  The commissioner has 
 11.33  the same powers to assess and collect the taxes as are given the 
 11.34  commissioner in chapters 270, 289A, and 297A to assess and 
 11.35  collect sales and use taxes.  The commissioner shall deposit the 
 11.36  revenues, including interest and penalties, derived from the 
 12.1   taxes in the state treasury and credit them to the general fund. 
 12.2      Sec. 6.  [473J.06] [METROPOLITAN TRANSPORTATION FUND.] 
 12.3      Subdivision 1.  [TRANSFER TO FUND.] The revenue collected 
 12.4   under section 473J.05, less the cost of collection, is 
 12.5   appropriated from the general fund to the commissioner of 
 12.6   finance for transfer to a special account in the state treasury, 
 12.7   to be called the metropolitan transportation fund.  The cost of 
 12.8   collection equals the direct and indirect costs of the 
 12.9   department of revenue to administer, audit, and collect the 
 12.10  revenue, plus the metropolitan transportation area's 
 12.11  proportionate share of the indirect cost of administering all 
 12.12  local sales and use taxes under section 297A.99. 
 12.13     Subd. 2.  [USE OF FUND.] Money in the metropolitan 
 12.14  transportation fund is appropriated as follows: 
 12.15     (1) 25 percent to the metropolitan council for acquisition 
 12.16  of buses, highway shoulder improvements for buses, and other 
 12.17  capital expenses related to transit in the metropolitan 
 12.18  transportation area; and 
 12.19     (2) 75 percent to the commissioner of transportation for 
 12.20  highway system improvement, replacement, and bottleneck removal 
 12.21  projects and metropolitan system highway expansion projects in 
 12.22  the metropolitan transportation area.  This money must be used 
 12.23  to construct the projects identified in the metropolitan 
 12.24  council's 25-year plan and the department of transportation's 
 12.25  20-year district plans that cover the counties in the 
 12.26  metropolitan transportation area. 
 12.27     The metropolitan council may provide grants to the 
 12.28  commissioner of transportation for the implementation of transit 
 12.29  capital improvements in counties that are outside of the 
 12.30  metropolitan area as defined in section 473.121, subdivision 2, 
 12.31  but are within the metropolitan transportation area. 
 12.32     Sec. 7.  [APPLICATION.] 
 12.33     This act applies in the counties of Anoka, Carver, Chisago, 
 12.34  Dakota, Hennepin, Isanti, Ramsey, Scott, Sherburne, Washington, 
 12.35  and Wright. 
 12.36     Sec. 8.  [EFFECTIVE DATE.] 
 13.1      This article is effective upon its approval by a majority 
 13.2   of the voters voting on the question in the metropolitan 
 13.3   transportation area at the general election in November 2002 and 
 13.4   sections 3 and 4 apply to sales made on and after July 1, 2003.  
 13.5   The question on the ballot must be: 
 13.6      "Shall an additional tax of up to one-half of one percent 
 13.7   be imposed for ten years on sales in the 11-county metropolitan 
 13.8   area to pay for transportation improvements to relieve traffic 
 13.9   congestion in the metropolitan area?" 
 13.10     This article expires June 30, 2013. 
 13.11                             ARTICLE 3 
 13.12             STREAMLINING AND ENVIRONMENTAL PROTECTION
 13.13     Section 1.  [161.168] [SNOW AND ICE CONTROL MATERIALS.] 
 13.14     Subdivision 1.  [FINDING.] The legislature finds that the 
 13.15  use on state highways of de-icing solutions derived from 
 13.16  agricultural products provides economic and environmental 
 13.17  benefits to the state while preserving public safety. 
 13.18     Subd. 2.  [USE OF AGRICULTURE-BASED DE-ICING SOLUTION.] The 
 13.19  commissioner of transportation shall use a de-icing solution 
 13.20  derived from agricultural products for snow and ice control on 
 13.21  trunk highways to the extent that the commissioner determines is 
 13.22  economically feasible, environmentally beneficial, and 
 13.23  consistent with public safety. 
 13.24     Subd. 3.  [EFFECT ON ENVIRONMENT.] The commissioner, in 
 13.25  determining which snow and ice control materials to use on trunk 
 13.26  highways, shall consider the effect of each type of material on 
 13.27  the environment and on the deterioration of bridges and other 
 13.28  structures. 
 13.29     Sec. 2.  Minnesota Statutes 2000, section 161.465, is 
 13.30  amended to read: 
 13.31     161.465 [REIMBURSEMENT FOR FIRE SERVICES.] 
 13.32     (a) Subdivision 1.  [GRASS FIRES.] Ordinary expenses 
 13.33  incurred by a municipal or volunteer fire department in 
 13.34  extinguishing a grass fire within the right-of-way of a trunk 
 13.35  highway must be reimbursed upon certification to the 
 13.36  commissioner of transportation from the trunk highway fund.  In 
 14.1   addition, ordinary expenses incurred by a municipal or volunteer 
 14.2   fire department in extinguishing a fire outside the right-of-way 
 14.3   of any trunk highway if the fire originated within the 
 14.4   right-of-way, upon approval of a police officer or an officer or 
 14.5   employee of the department of public safety must, upon 
 14.6   certification to the commissioner of transportation by the 
 14.7   proper official of the municipality or fire department within 60 
 14.8   days after the completion of the service, be reimbursed to the 
 14.9   municipality or fire department from funds in the trunk highway 
 14.10  fund.  
 14.11     Subd. 2.  [MOTOR VEHICLE FIRES.] Ordinary expenses incurred 
 14.12  by a municipal or volunteer fire department in extinguishing a 
 14.13  motor vehicle fire within the right-of-way of a trunk highway or 
 14.14  interstate, to the extent these expenses are not reimbursed by 
 14.15  insurance, some other reasonable method of reimbursement, or 
 14.16  collected in accordance with section 366.012, may be reimbursed 
 14.17  by the commissioner from the motor vehicle fire revolving 
 14.18  account in the special revenue fund up to $300 per fire call 
 14.19  upon certification to the commissioner. 
 14.20     Subd. 3.  [FUND REIMBURSEMENT.] The commissioner of 
 14.21  transportation shall take action practicable to secure 
 14.22  reimbursement to the trunk highway fund or to the special 
 14.23  revenue fund of money expended under this section from the 
 14.24  person, firm, or corporation responsible for the fire or danger 
 14.25  of fire.  A motor vehicle fire revolving account is created in 
 14.26  the special revenue fund.  The commissioner shall deposit into 
 14.27  the account all money received by the commissioner in 
 14.28  reimbursements from persons, firms, or corporations for costs of 
 14.29  extinguishing motor vehicle fires within trunk highway 
 14.30  right-of-way.  Money in the account is appropriated to the 
 14.31  commissioner for the purpose of making reimbursements to 
 14.32  municipal or volunteer fire departments under subdivision 2. 
 14.33     (b) Subd. 4.  [NO ADMISSION OF LIABILITY.] The provisions 
 14.34  of this section shall not be construed to admit state liability 
 14.35  for damage or destruction to private property or for injury to 
 14.36  persons resulting from a fire originating within a trunk highway 
 15.1   or interstate right-of-way. 
 15.2      Sec. 3.  Minnesota Statutes 2001 Supplement, section 
 15.3   174.242, is amended by adding a subdivision to read: 
 15.4      Subd. 3a.  [REPLACEMENT AID FOR NEW TRANSIT SYSTEMS.] (a) 
 15.5   Notwithstanding subdivision 3 if, after making the replacement 
 15.6   aid payments required under subdivision 3 in each of calendar 
 15.7   years 2002 and 2003, there is a remaining balance in the greater 
 15.8   Minnesota transit fund, the commissioner shall utilize the 
 15.9   remaining balance to make grants to new transit systems 
 15.10  beginning service in calendar year 2002 or 2003.  
 15.11     (b) The commissioner shall estimate the total property tax 
 15.12  payments that would be required for each new transit system in 
 15.13  calendar years 2002 and 2003.  The new system is eligible to 
 15.14  receive replacement aid payments in 2002 and 2003 equal to (1) 
 15.15  the proportion that the new system's estimated tax amount is of 
 15.16  the total tax amount estimated by the commissioner for all new 
 15.17  transit systems, times (2) the projected total revenue remaining 
 15.18  in the greater Minnesota transit fund after the payments 
 15.19  required under subdivision 3 have been made. 
 15.20     (c) However, despite paragraph (b), the replacement aid 
 15.21  received by each new transit system may not exceed the tax 
 15.22  amount estimated by the commissioner for that system. 
 15.23     Sec. 4.  Minnesota Statutes 2000, section 366.011, is 
 15.24  amended to read: 
 15.25     366.011 [CHARGES FOR EMERGENCY SERVICES; COLLECTION.] 
 15.26     A town may impose a reasonable service charge for emergency 
 15.27  services, including fire, rescue, medical, and related services 
 15.28  provided by the town or contracted for by the town.  If the 
 15.29  service charge remains unpaid 30 days after a notice of 
 15.30  delinquency is sent to the recipient of the service or the 
 15.31  recipient's representative or estate, the town or its contractor 
 15.32  on behalf of the town may use any lawful means allowed to a 
 15.33  private party for the collection of an unsecured delinquent 
 15.34  debt.  The town may also use the authority of section 366.012 to 
 15.35  collect unpaid service charges of this kind from delinquent 
 15.36  recipients of services who are owners of taxable real property 
 16.1   in the town. 
 16.2      The powers conferred by this section are in addition and 
 16.3   supplemental to the powers conferred by any other law for a town 
 16.4   to impose a service charge or assessment for a service provided 
 16.5   by the town or contracted for by the town. 
 16.6      Sec. 5.  Minnesota Statutes 2000, section 366.012, is 
 16.7   amended to read: 
 16.8      366.012 [COLLECTION OF UNPAID SERVICE CHARGES.] 
 16.9      If a town is authorized to impose a service charge on the 
 16.10  owner, lessee, or occupant of property, or any of them, for a 
 16.11  governmental service provided by the town, the town board may 
 16.12  certify to the county auditor of the county in which the 
 16.13  recipient of the services owns real property, on or before 
 16.14  October 15 for each year, any unpaid service charges which shall 
 16.15  then be collected together with property taxes levied against 
 16.16  the property.  The county auditor shall remit to the town all 
 16.17  service charges collected by the auditor on behalf of the town.  
 16.18  Charges collected under this section for motor vehicle fires 
 16.19  provided by section 161.465, subdivision 2, shall not exceed the 
 16.20  amount authorized in that subdivision, but a town may recover 
 16.21  expenses incurred for extinguishing a motor vehicle fire in 
 16.22  excess of that amount by any other authorized method.  A charge 
 16.23  may be certified to the auditor only if, on or before September 
 16.24  15, the town has given written notice to the property owner of 
 16.25  its intention to certify the charge to the auditor.  The service 
 16.26  charges shall be subject to the same penalties, interest, and 
 16.27  other conditions provided for the collection of property taxes.  
 16.28  This section is in addition to other law authorizing the 
 16.29  collection of unpaid costs and service charges. 
 16.30     Sec. 6.  Minnesota Statutes 2000, section 473.661, is 
 16.31  amended by adding a subdivision to read: 
 16.32     Subd. 5.  [BUDGET REVIEW.] At least 90 days before the 
 16.33  metropolitan airports commission adopts a proposed annual 
 16.34  operating budget or capital budget, the commission must submit 
 16.35  the proposed budget, along with a detailed statement of planned 
 16.36  actions to abate airport-related noise which conforms to 
 17.1   subdivision 4 and related data, to the chairs of the senate 
 17.2   finance committee, the house of representatives ways and means 
 17.3   committee, and the committees with jurisdiction over 
 17.4   transportation policy and finance and environment and natural 
 17.5   resources finance in the senate and house of representatives.  
 17.6   As part of any review of these budgets, the legislature must not 
 17.7   reduce the expenditure of any amount in conformance with 
 17.8   subdivision 4. 
 17.9      Sec. 7.  [TECHNICAL ADVISORY GROUP.] 
 17.10     Subdivision 1.  [CREATION.] The commissioner of 
 17.11  transportation shall create a technical advisory group 
 17.12  consisting of one senior manager and two administration staff 
 17.13  from each of the following state agencies: 
 17.14     (1) department of transportation; 
 17.15     (2) department of natural resources; 
 17.16     (3) pollution control agency; and 
 17.17     (4) the board of soil and water resources. 
 17.18     The group shall conduct research, evaluate alternatives, 
 17.19  and make findings and recommendations on streamlining the 
 17.20  process of environmental review for transportation-related 
 17.21  projects.  The commissioner of each agency shall appoint the 
 17.22  respective members from that agency by July 1, 2002.  The 
 17.23  commissioner of transportation or a senior manager appointed by 
 17.24  the commissioner of transportation shall chair the group. 
 17.25     Subd. 2.  [REPORT.] The technical advisory group shall 
 17.26  submit a comprehensive report to the senate and house of 
 17.27  representatives committees having jurisdiction over 
 17.28  environmental policy and transportation policy and finance by 
 17.29  January 1, 2003.  The report must make findings and 
 17.30  recommendations, including actions that should be taken, 
 17.31  recommendations on reporting mitigating costs for the previous 
 17.32  five years and for the future, and the statutory changes 
 17.33  necessary to effect a more streamlined process for environmental 
 17.34  review, assessment, and approval without weakening the substance 
 17.35  of existing environmental protections. 
 17.36     Sec. 8.  [BRAINERD LAKES REST AREA.] 
 18.1      (a) Notwithstanding other law: 
 18.2      (1) the commissioner of transportation may enter into a 
 18.3   joint venture with Crow Wing county, the commissioner of natural 
 18.4   resources, and the Brainerd Lakes area chamber of commerce or 
 18.5   similar nonprofit entity that provides regional travel 
 18.6   information and services in connection with the operation of 
 18.7   facilities at the class I rest area to be constructed between 
 18.8   Brainerd and Little Falls on state highway No. 371 in the 
 18.9   vicinity of the Crow Wing state park; 
 18.10     (2) the chamber or similar entity may be a tenant in the 
 18.11  facility and may operate, advertise membership, run a 
 18.12  concession, including a gift shop in the facility, and take 
 18.13  revenue from the concession to support its nonprofit activities 
 18.14  within the rest area building; 
 18.15     (3) the commissioner may enter into a lease with the 
 18.16  chamber or similar entity.  The lease may be for a term of up to 
 18.17  20 years and may be renewed for additional terms of up to 20 
 18.18  years.  Some or all of the consideration from the chamber or 
 18.19  similar entity for the lease may be in the form of in-kind 
 18.20  contribution to improvements to the rest area facility; and 
 18.21     (4) the chamber or similar entity may advertise its 
 18.22  presence and services in the rest area along state highways, 
 18.23  including on rest area grounds and along state highway No. 371 
 18.24  within one-half mile of the rest area exit. 
 18.25     (b) The conditions, exemptions, and terms set out in this 
 18.26  act are intended to apply only to the rest area to be built on 
 18.27  state highway No. 371 between Little Falls and Brainerd. 
 18.28     (c) It is understood that because of lack of available 
 18.29  funding and other higher priorities, the unique circumstances, 
 18.30  including exceptional volume, site requirements and limitations, 
 18.31  and other unique circumstances, the rest area could not be built 
 18.32  and operated in the most desirable way without the contributions 
 18.33  of all the parties. 
 18.34     (d) The commissioner of transportation and the partners in 
 18.35  this rest area shall mutually develop and execute an agreement 
 18.36  to identify and accept responsibility for their respective 
 19.1   portion of construction, maintenance, and operating costs of the 
 19.2   facility based on their spatial requirements.  The 
 19.3   responsibilities could be through direct funding or in-kind 
 19.4   contributions as mutually agreed. 
 19.5      Sec 9.  [I-35W CONSTRUCTION FUNDING.] 
 19.6      By January 1, 2004, the commissioner of transportation 
 19.7   shall reserve construction funds necessary to ensure the 
 19.8   completion of a southbound exit and northbound entrance ramp 
 19.9   connecting I-35W with county state-aid highway No. 3 and a 
 19.10  northbound exit ramp connection to east 28th Street in the city 
 19.11  of Minneapolis, Hennepin county.  Construction shall begin by 
 19.12  July 1, 2004, and be completed by December 31, 2009.  The funds 
 19.13  reserved shall be available until fully expended. 
 19.14     Sec. 10.  [EFFECTIVE DATE AND APPLICATION.] 
 19.15     Section 3 is effective the day following final enactment 
 19.16  and applies in the counties of Anoka, Carver, Dakota, Hennepin, 
 19.17  Ramsey, Scott, and Washington.  Section 4 is effective the day 
 19.18  following final enactment and expire January 2, 2003.