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HF 1780

as introduced - 89th Legislature (2015 - 2016) Posted on 04/11/2016 04:53pm

KEY: stricken = removed, old language.
underscored = added, new language.

Bill Text Versions

Engrossments
Introduction Posted on 03/12/2015

Current Version - as introduced

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A bill for an act
relating to transportation; highways; requiring the commissioner of transportation
to develop a performance, stewardship, and sustainability plan for the trunk
highway system; requiring performance reports; requiring an assessment of the
department's organizational structure; requiring achievement of performance
targets; amending Minnesota Statutes 2014, section 174.03, by adding
subdivisions.

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

Section 1.

Minnesota Statutes 2014, section 174.03, is amended by adding a
subdivision to read:


new text begin Subd. 12. new text end

new text begin Trunk highway system performance; stewardship and sustainability
required.
new text end

new text begin (a) The commissioner shall develop a performance, stewardship, and
sustainability plan for the trunk highway system to improve the condition of the existing
infrastructure and enhance the effectiveness of the transportation system.
new text end

new text begin (b) The trunk highway system performance, stewardship, and sustainability plan
shall include strategies to achieve the state transportation goals for the trunk highway
system defined in section 174.01 and comply with all other applicable Minnesota and
federal statutes.
new text end

new text begin (c) The trunk highway system performance, stewardship, and sustainability plan
must include all transportation modes and all infrastructure assets within trunk highway
corridor rights-of-way. At a minimum, the plan shall include:
new text end

new text begin (1) quantity and quality of assets, including but not limited to bridge, pavement,
geotechnical, pedestrian, bicycle, and transit assets;
new text end

new text begin (2) predictive and consequential measures of performance, stewardship, and
sustainability, identified in consultation with interested citizens;
new text end

new text begin (3) annual performance targets for each performance measure, to be achieved by
each district of the department, which must comply with the following:
new text end

new text begin (i) state transportation goals defined in section 174.01 and all other applicable
Minnesota and federal statutes;
new text end

new text begin (ii) United States Department of Transportation regulations under Code of Federal
Regulations, title 23, part 490; and
new text end

new text begin (iii) additional performance targets identified in consultation with interested citizens;
new text end

new text begin (4) identification and explanation of the performance gap between target and current
status;
new text end

new text begin (5) life cycle, risk, and health impact assessments for projects in each district of the
department, which at a minimum shall include:
new text end

new text begin (i) identification of the expected and potential material and energy inputs, including
costs;
new text end

new text begin (ii) identification of the expected and potential material and energy outputs,
including costs; and
new text end

new text begin (iii) assessment of the safety, health, economic, social, and environmental impacts
associated with the inputs and outputs;
new text end

new text begin (6) an annual investment plan for each district of the department based on funding
expected during the next ten years, which describes strategic investments that produce the
best long-term value to Minnesota and enhance safety, health, mobility, and economic
well-being; and
new text end

new text begin (7) a sustainability plan for each district of the department that recommends specific
trunk highway segments to be removed from the trunk highway system and specific local
road segments to be added to the trunk highway system, in order to optimize financial
sustainability.
new text end

new text begin (d) The commissioner shall submit the trunk highway system performance,
stewardship, and sustainability plan, which shall be signed by a professional engineer
licensed in Minnesota, to the chairs and ranking minority members of the legislative
committees having jurisdiction over transportation policy and finance every year by
December 15.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2015. The initial performance,
stewardship, and sustainability plan under this section is due December 15, 2016.
new text end

Sec. 2.

Minnesota Statutes 2014, section 174.03, is amended by adding a subdivision
to read:


new text begin Subd. 13. new text end

new text begin Performance achievement required. new text end

new text begin (a) If the department does
not achieve the annual performance targets described in subdivision 12, then the
department shall, within six months, reallocate 20 percent of all engineering management
positions and 20 percent of all planning management positions to nonmanagement and
nonsupervisory positions. These nonmanagement and nonsupervisory positions shall
directly support enhancing program effectiveness in areas not achieving the annual
performance targets described in subdivision 12.
new text end

new text begin (b) Prior to reallocation of these positions, the commissioner shall submit a report
that describes the actions the department will take to enhance effectiveness and achieve
the performance targets.
new text end

new text begin (c) The report may also include a justification that some positions be retained
during an interim period, not to exceed one year, while progress toward achieving the
performance targets is assessed.
new text end

new text begin (d) The commissioner shall submit the report to the chairs and ranking minority
members of the legislative committees having jurisdiction over transportation policy and
finance. The committees shall determine whether any of the positions to be reallocated
may be retained during the interim period requested.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2015.
new text end

Sec. 3.

Minnesota Statutes 2014, section 174.03, is amended by adding a subdivision
to read:


new text begin Subd. 14. new text end

new text begin Office of Innovative Projects and Asset Management. new text end

new text begin (a) An Office
of Innovative Projects and Asset Management is created, and is directly accountable to
the commissioner.
new text end

new text begin (b) The office shall serve as an example to be replicated throughout the department,
by:
new text end

new text begin (1) pursuing innovations that will transform the department into an organization
capable of implementing performance-based decision-making and best value project
selection that supports long-term transportation asset management;
new text end

new text begin (2) providing services that maintain current transportation assets in a state of good
repair while promoting conservation, reducing waste, and preserving the health of the
environment for future generations;
new text end

new text begin (3) providing services that support the design and construction of sustainable,
future-oriented transportation assets that facilitate commerce, opportunity, equity, and
prosperity;
new text end

new text begin (4) demonstrating greater effort to implement innovative policies and deploy
solutions documented in AASHTO, FHWA, and other state Department of Transportation
publications, and provide financial compensation to districts when deployed solutions do
not perform as expected;
new text end

new text begin (5) demonstrating greater effort to implement policies, technologies, and practices
that prevent or reduce injuries and deaths in all transportation modes;
new text end

new text begin (6) demonstrating greater effort to implement technologies that reduce or prevent
maintenance expenses for existing roadways and other transportation assets;
new text end

new text begin (7) demonstrating greater effort to implement technologies that improve project
quality and long-term performance of transportation assets;
new text end

new text begin (8) demonstrating greater effort to recycle existing materials during construction
of transportation assets;
new text end

new text begin (9) demonstrating successful employee engagement, including encouraging ideas
from frontline employees that enhance effectiveness and jointly discussing ideas between
management and the employees to develop solutions in partnership;
new text end

new text begin (10) demonstrating successful stakeholder engagement, including conducting
inclusive stakeholder meetings where participation is proportional to the number of people
impacted by the subject project. These meetings must include trained facilitators to
encourage participants to fully engage in the conversation, and to ensure fairness as ideas
are offered and discussed. Participant ideas may be submitted verbally or in writing, and
must be transcribed accurately. A record of all comments and the department's response
shall be available on the department Web site; and
new text end

new text begin (11) demonstrating successful public engagement by establishing a public oversight
panel, which shall provide oversight of all office activities and conduct the annual
performance review of the office director.
new text end

new text begin (c) The office director is accountable for the following outcomes, in addition to other
responsibilities determined by the commissioner:
new text end

new text begin (1) ensure the office delivers the highest quality service and value to the department
and to the public;
new text end

new text begin (2) develop employment systems that: (i) reward attention to detail, set employee
expectations, measure results, and hold employees accountable; (ii) reward competition,
hard work, and preparedness; and (iii) reward employees who are committed to
and articulate a passion for innovation, strive for excellence, and lead the nation in
implementing new technology and best management practices;
new text end

new text begin (3) ensure fairness, greater opportunity, and financial security for all employees
through fair compensation, pay-for-performance incentives, early retirements, and other
innovative approaches offered by the legislature and the governor;
new text end

new text begin (4) recruit employees who understand the responsibilities as team members and who
are optimistic, resilient, and tenacious in their desire to improve processes and enhance
effectiveness;
new text end

new text begin (5) encourage employee diversity, embrace individual differences, and utilize each
employee's unique strengths;
new text end

new text begin (6) implement change in the organizational structure that: (i) ensures a culture
of innovation and accountability to manage risk and overcome fear; (ii) creates an
office culture that encourages communication and cooperation between all staff as team
members in a spirit of equality, respect, and gratitude; and (iii) creates a work place that is
comfortable with change, able to adapt, and confident to act;
new text end

new text begin (7) create an organization that: (i) develops each employee's strengths and reduces
the barriers to their success; (ii) trains, mentors, and encourages employees so that talents
and emotional intelligence are fully developed; and (iii) fairly and honestly measures
employee success and rewards success with greater opportunity;
new text end

new text begin (8) establish labor-management partnerships to: (i) develop, promote, and reward a
progressive, innovative culture; (ii) encourage open dialogue and listen to the issues and
concerns of employees; and (iii) involve employees and union representatives as full
partners with management to identify problems and craft solutions to better serve the
department's customers and achieve the state's transportation goals;
new text end

new text begin (9) negotiate the subjects in chapters 43A and 179A and United States Code, title 5,
section 7106(b)(1), to strategically align the organizational structure to better implement
performance-based planning and risk management at the office, section, and project levels,
and to ensure participation and cooperation by all levels of management and supervision;
new text end

new text begin (10) provide comprehensive training to employees, including managers, supervisors,
and union representatives, in alternative dispute resolution techniques and interest-based
negotiation;
new text end

new text begin (11) measure and evaluate progress and improvements in organizational performance
resulting from the labor-management partnership; and
new text end

new text begin (12) strengthen transportation advocacy organizations by providing timely
information, greater transparency, and well-documented measures of transportation asset
condition, and to help elevate the public debate by providing timely information to citizens
so that they can better communicate the commitment to transportation investment as a
necessity for safe travel, economic well-being, and livable communities.
new text end

new text begin (d) Additional revenue from the trunk highway fund and general fund must be
appropriated by statute to achieve the requirements of this subdivision.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2015.
new text end

Sec. 4. new text begin ENHANCED ORGANIZATIONAL EFFECTIVENESS AND
INNOVATION REVIEW.
new text end

new text begin (a) A review and assessment of the department's organizational structure is required
to enhance organizational effectiveness, encourage prudent allocation of resources, and
deliver the greatest value to Minnesota. This review and assessment shall be completed
by a partnership that includes the Humphrey School of Public Affairs, Carlson School of
Management, the Center for Transportation Studies at the University of Minnesota, and
the State Smart Transportation Initiative at the University of Wisconsin.
new text end

new text begin (b) A preliminary report of this review and assessment shall be submitted to the
chairs and ranking minority members of the legislative committees having jurisdiction
over transportation policy and finance by December 15, 2015, with the final report
submitted by June 30, 2016. If the department does not promptly supply the information
necessary to complete the preliminary report, then the department shall, within six
months, reallocate a sufficient number of engineering management positions and planning
management positions to nonmanagement and nonsupervisory positions in order to
achieve a department-wide average employee-to-supervisor ratio of ten to one. The
reallocated positions shall be assigned to directly support achievement of the annual
performance targets described in Minnesota Statutes, section 174.03, subdivision 12.
new text end

new text begin (c) At a minimum, the review and assessment shall include:
new text end

new text begin (1) the relationship of each district, division, office, and section of the department to
the state's transportation goals under Minnesota Statutes, section 174.01, the department's
mission under Minnesota Statutes, section 174.02, the duties of the commissioner under
Minnesota Statutes, section 174.03, and the annual performance targets under Minnesota
Statutes, section 174.03, subdivision 12;
new text end

new text begin (2) the budget assigned to each district, division, office, and section of the department;
new text end

new text begin (3) the ratio of employees to supervisors in each district, division, office, and section
of the department;
new text end

new text begin (4) recommendations identifying best practices, and comparisons with other state
departments of transportation;
new text end

new text begin (5) recommendations regarding the appropriate ratio of employees to supervisors
for the variety of activities performed by the department;
new text end

new text begin (6) recommendations regarding the appropriate increase in department operations
resulting from increases in capital investments;
new text end

new text begin (7) recommendations regarding the appropriate fiscal responsibility assigned to
construction inspectors and engineers;
new text end

new text begin (8) recommendations regarding the appropriate, fiscally constrained size of the
trunk highway system; and
new text end

new text begin (9) recommendations regarding how to achieve the appropriate, fiscally constrained
size of the trunk highway system.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2015.
new text end