HF 3199

1st Engrossment - 82nd Legislature (2001 - 2002) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to transportation; modifying motor carrier 
  1.3             provisions to reduce certain regulatory obligations; 
  1.4             modifying budget reduction of department of 
  1.5             transportation construction district 1; prohibiting 
  1.6             zoning variance allowing loading zone in state-aid 
  1.7             street or highway in metropolitan area; prohibiting 
  1.8             action and spending on Dan Patch commuter rail line; 
  1.9             abolishing law that prohibits action that may affect 
  1.10            water flow to or from Camp Coldwater Springs; making 
  1.11            clarifying changes; amending Minnesota Statutes 2000, 
  1.12            sections 221.0252, subdivision 3; 221.0314, by adding 
  1.13            a subdivision; 221.0355, subdivisions 2, 3; 221.221, 
  1.14            subdivision 4; 221.605, subdivision 1; Minnesota 
  1.15            Statutes 2001 Supplement, section 221.221, subdivision 
  1.16            2; Laws 2001, First Special Session chapter 8, article 
  1.17            1, section 8; repealing Minnesota Statutes 2000, 
  1.18            section 221.0313; Laws 2001, chapter 101, section 1. 
  1.19  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.20     Section 1.  Minnesota Statutes 2000, section 221.0252, 
  1.21  subdivision 3, is amended to read: 
  1.22     Subd. 3.  [AUDIT; INSPECTION.] (a) Within 90 days of 
  1.23  issuing a new certificate of registration to a carrier under 
  1.24  this section, and before issuing an annual renewal of a 
  1.25  certificate of registration, the commissioner shall: 
  1.26     (1) conduct an audit of the carrier's records; 
  1.27     (2) inspect the vehicles the carrier uses in its motor 
  1.28  carrier operation to determine if they comply with the federal 
  1.29  regulations incorporated in section 221.0314 or accept for 
  1.30  filing proof that a complete vehicle inspection was conducted 
  1.31  within the previous one year by a commercial vehicle inspector 
  1.32  of the department of public safety; 
  2.1      (3) verify that the carrier has a designated office in 
  2.2   Minnesota where the books and files necessary to conduct 
  2.3   business and the records required by this chapter are kept and 
  2.4   shall be made available for inspection by the commissioner; 
  2.5      (4) audit the carrier's drivers' criminal background and 
  2.6   safety records; and 
  2.7      (5) verify compliance with the insurance requirements of 
  2.8   section 221.141. 
  2.9      (b) To streamline the audit process and to reduce the 
  2.10  regulatory burden on carriers, the commissioner may reduce the 
  2.11  number of vehicle inspections and records audited under 
  2.12  paragraph (a) if the commissioner has sufficient information 
  2.13  from federal and state motor carrier safety data about a 
  2.14  carrier's operations to determine that a carrier has an 
  2.15  effective safety management program. 
  2.16     (c) The commissioner and the commissioner of public safety 
  2.17  shall, through an interagency agreement, coordinate vehicle 
  2.18  inspection activities to avoid duplication of annual vehicle 
  2.19  inspections to minimize the burden of compliance on carriers and 
  2.20  to maximize the efficient use of state resources. 
  2.21     Sec. 2.  Minnesota Statutes 2000, section 221.0314, is 
  2.22  amended by adding a subdivision to read: 
  2.23     Subd. 3b.  [FEDERAL WAIVER, EXEMPTION.] Notwithstanding 
  2.24  subdivisions 3 and 3a, a Minnesota intrastate waiver is not 
  2.25  required in Minnesota intrastate commerce if that person holds a 
  2.26  valid interstate waiver or comparable document for physical 
  2.27  qualifications described in Code of Federal Regulations, title 
  2.28  49, section 391.41. 
  2.29     Sec. 3.  Minnesota Statutes 2000, section 221.0355, 
  2.30  subdivision 2, is amended to read: 
  2.31     Subd. 2.  [DEFINITIONS.] For purposes of this section, the 
  2.32  following words and phrases have the meanings given them in this 
  2.33  subdivision: 
  2.34     (a) "Base state" means the state selected by a carrier 
  2.35  according to the procedures established by the uniform program. 
  2.36     (b) "Base state agreement" means the agreement between 
  3.1   participating states electing to register or permit carriers of 
  3.2   hazardous material or hazardous waste. 
  3.3      (c) "Carrier" means a person who operates a motor vehicle 
  3.4   used to transport hazardous material or hazardous waste. 
  3.5      (d) "Designated hazardous material" means a hazardous 
  3.6   material described in Code of Federal Regulations, title 49, 
  3.7   section 107.601, which is incorporated by reference. 
  3.8      (e) "Hazardous material" means: 
  3.9      (1) a hazardous material when the hazardous material is of 
  3.10  a type or in a quantity that requires the transport vehicle to 
  3.11  be placarded in accordance with Code of Federal Regulations, 
  3.12  title 49, part 172; or 
  3.13     (2) a hazardous substance or marine pollutant when 
  3.14  transported in bulk packaging as defined in Code of Federal 
  3.15  Regulations, title 49, section 171.8, which is incorporated by 
  3.16  reference. 
  3.17     (f) "Hazardous material transportation" means the 
  3.18  transportation of hazardous material or hazardous waste, or 
  3.19  both, on the public highways. 
  3.20     (g) "Hazardous waste" means hazardous waste of a type and 
  3.21  amount that requires the shipment to be accompanied by a uniform 
  3.22  hazardous waste manifest described in Code of Federal 
  3.23  Regulations, title 40, part 262, including state-designated 
  3.24  hazardous wastes when a list of state-designated hazardous 
  3.25  wastes has been filed by the state with the national repository 
  3.26  under the uniform program. 
  3.27     (h) "Participating state" means a state electing to 
  3.28  participate in the uniform program by entering a base state 
  3.29  agreement. 
  3.30     (i) "Person" means an individual, firm, copartnership, 
  3.31  cooperative, company, association, limited liability company, 
  3.32  corporation, or public entity. 
  3.33     (j) "Public entity" means a carrier who is a federal or 
  3.34  state agency or political subdivision. 
  3.35     (k) "Shipper" means a person who offers a designated 
  3.36  hazardous material to another person for shipment or who causes 
  4.1   a designated hazardous material to be transported or shipped by 
  4.2   another person. 
  4.3      (l) "Uniform application" means the uniform motor carrier 
  4.4   registration and permit application form established under the 
  4.5   uniform program. 
  4.6      (m) "Uniform program" means the Uniform State Hazardous 
  4.7   Materials Transportation Motor Carrier Registration and Permit 
  4.8   Program established in the report submitted to the secretary of 
  4.9   transportation pursuant to the "Hazardous Materials 
  4.10  Transportation Uniform Safety Act of 1990," United States Code, 
  4.11  title 49 appendix, section 1819, subsection (c). 
  4.12     Sec. 4.  Minnesota Statutes 2000, section 221.0355, 
  4.13  subdivision 3, is amended to read: 
  4.14     Subd. 3.  [GENERAL REQUIREMENTS.] Except as provided in 
  4.15  subdivision 17, after October 1, 1994: 
  4.16     (a) No carrier, other than a public entity, may transport a 
  4.17  hazardous material by motor vehicle in Minnesota unless it has 
  4.18  complied with subdivision 4. 
  4.19     (b) No carrier, other than a public entity, may transport a 
  4.20  hazardous waste in Minnesota unless it has complied with 
  4.21  subdivisions 4 and 5. 
  4.22     (c) No shipper may offer a designated hazardous material 
  4.23  for shipment or cause a designated hazardous material to be 
  4.24  transported or shipped in Minnesota unless it has complied with 
  4.25  subdivision 7. 
  4.26     (d) No carrier, other than a public entity, may transport a 
  4.27  designated hazardous material by rail or water in Minnesota 
  4.28  unless it has complied with subdivision 7a. 
  4.29     (e) No public entity may transport a hazardous material or 
  4.30  hazardous waste by motor vehicle in Minnesota unless it has 
  4.31  complied with subdivision 8. 
  4.32     (f) A carrier registered under this section, who 
  4.33  exclusively offers designated materials for shipment only in 
  4.34  vehicles controlled or operated by that carrier and who does not 
  4.35  offer hazardous materials to other private or for-hire carriers, 
  4.36  is not required to register as a shipper under subdivision 7. 
  5.1      Sec. 5.  Minnesota Statutes 2001 Supplement, section 
  5.2   221.221, subdivision 2, is amended to read: 
  5.3      Subd. 2.  [ENFORCEMENT POWERS.] Transportation program 
  5.4   specialists and hazardous material program specialists of the 
  5.5   department, for the purpose of enforcing the provisions of (1) 
  5.6   this chapter, sections 169.781 to 169.783 relating to commercial 
  5.7   vehicle inspections, and section 296A.27, subdivisions 6 and 12, 
  5.8   relating to motor carrier licenses and trip permits, (2) Code of 
  5.9   Federal Regulations, title 49, parts 40 and 382, and (3) the 
  5.10  applicable rules, orders, or directives of the commissioner of 
  5.11  transportation and the commissioner of revenue, issued under 
  5.12  this chapter and chapter 296A, but for no other purpose, have 
  5.13  the powers conferred by law upon police officers.  The powers 
  5.14  include the authority to conduct inspections at designated 
  5.15  highway weigh stations or under other appropriate circumstances. 
  5.16     Sec. 6.  Minnesota Statutes 2000, section 221.221, 
  5.17  subdivision 4, is amended to read: 
  5.18     Subd. 4.  [DOCUMENT INSPECTION.] Records, log books, 
  5.19  certificates, licenses, shipping documents, or other papers or 
  5.20  documents required to determine compliance with this 
  5.21  chapter and, rules adopted under this chapter, and Code of 
  5.22  Federal Regulations, title 49, parts 40 and 382, must be 
  5.23  presented for inspection, upon request, to a peace officer or 
  5.24  police officer or other person empowered to enforce the 
  5.25  provisions of this chapter.  
  5.26     Sec. 7.  Minnesota Statutes 2000, section 221.605, 
  5.27  subdivision 1, is amended to read: 
  5.28     Subdivision 1.  [FEDERAL REGULATIONS.] (a) Interstate 
  5.29  carriers and private carriers engaged in interstate commerce 
  5.30  shall comply with the federal motor carrier safety regulations, 
  5.31  in Code of Federal Regulations, title 49, parts 40, 382, 387, 
  5.32  and 390 to through 398; with Code of Federal Regulations, title 
  5.33  49, part 40; and with the rules of the commissioner concerning 
  5.34  inspections, vehicle and driver out-of-service restrictions and 
  5.35  requirements, and vehicle, driver, and equipment checklists.  
  5.36  For purposes of regulating commercial motor vehicles as defined 
  6.1   in section 169.781, subdivision 1, the exemption provided in 
  6.2   Code of Federal Regulations, title 49, section 396.11, paragraph 
  6.3   (d), applies in Minnesota only to driveaway-towaway operations. 
  6.4      (b) An interstate carrier or private carrier engaged in 
  6.5   interstate commerce who complies with federal regulations 
  6.6   governing testing for controlled substances and alcohol is 
  6.7   exempt from the requirements of sections 181.950 to 181.957 
  6.8   unless the carrier's drug testing program provides for testing 
  6.9   for controlled substances in addition to those listed in Code of 
  6.10  Federal Regulations, title 49, section 40.21, paragraph 
  6.11  (a) 40.85.  Persons subject to this section may test for drugs, 
  6.12  in addition to those listed in Code of Federal Regulations, 
  6.13  title 49, section 40.21, paragraph (a) 40.85, only in accordance 
  6.14  with sections 181.950 to 181.957 and rules adopted under those 
  6.15  sections. 
  6.16     Sec. 8.  Laws 2001, First Special Session chapter 8, 
  6.17  article 1, section 8, is amended to read: 
  6.18     Sec. 8.  [DEPARTMENT OF TRANSPORTATION DISTRICT 1 
  6.19  CONSTRUCTION BUDGET.] 
  6.20     The commissioner of transportation shall reduce the 
  6.21  construction budget of the department of transportation 
  6.22  construction district 1 by $35,000,000 $24,700,000 over the 
  6.23  period from fiscal year 2003 through fiscal year 2007, in order 
  6.24  to repay the advance of highway construction funds in fiscal 
  6.25  years 2001 and 2002.  The reduction in each year of the period 
  6.26  must equal the cost of trunk highway construction projects that 
  6.27  were originally scheduled to be constructed during that year 
  6.28  that were constructed in fiscal year 2001 or 2002 instead be 
  6.29  approximately $5,000,000 until the funds advanced have been 
  6.30  repaid. 
  6.31     [EFFECTIVE DATE.] This section is effective the day 
  6.32  following final enactment. 
  6.33     Sec. 9.  [LIMITATION ON LAND USE VARIANCE ON STATE-AID 
  6.34  ROAD.] 
  6.35     Neither a county nor a statutory or home rule charter city 
  6.36  located in the metropolitan area under Minnesota Statutes, 
  7.1   section 473.121, subdivision 2, may grant a variance from its 
  7.2   zoning or other land use management plans, ordinances, or 
  7.3   regulations to permit or authorize, or otherwise approve any 
  7.4   other land use to permit or authorize, the establishment of a 
  7.5   loading zone on or in the easement or right-of-way of any 
  7.6   state-aid street or highway on the behalf of any housing or 
  7.7   other building project receiving a building permit after 
  7.8   December 31, 2001. 
  7.9      [EFFECTIVE DATE.] This section is effective retroactively 
  7.10  from January 1, 2002. 
  7.11     Sec. 10.  [DAN PATCH COMMUTER RAIL LINE; PROHIBITIONS.] 
  7.12     Subdivision 1.  [DEFINITION.] For purposes of this section, 
  7.13  "Dan Patch commuter rail line" means the commuter rail line 
  7.14  between Northfield and Minneapolis identified in the 
  7.15  metropolitan council's transit 2020 master plan as the Dan Patch 
  7.16  line. 
  7.17     Subd. 2.  [METROPOLITAN COUNCIL; PROHIBITIONS.] The 
  7.18  metropolitan council may not take any action or spend any 
  7.19  federal, state, or local money for study, planning, preliminary 
  7.20  engineering, final design, or construction for the Dan Patch 
  7.21  commuter rail line.  The council shall remove all references, 
  7.22  other than references for historical purposes, to the Dan Patch 
  7.23  commuter rail line from any future revisions to the council's 
  7.24  transportation policy plan and the council's regional transit 
  7.25  master plan. 
  7.26     Subd. 3.  [COMMISSIONER OF TRANSPORTATION.] The 
  7.27  commissioner of transportation may not take any action or expend 
  7.28  any federal, state, or local money for study, planning, 
  7.29  preliminary engineering, final design, or construction for the 
  7.30  Dan Patch commuter rail line.  The commissioner shall remove all 
  7.31  references, other than references for historical purposes, to 
  7.32  the Dan Patch commuter rail line from any future revisions to 
  7.33  the state transportation plan and the commissioner's commuter 
  7.34  rail system plan. 
  7.35     Subd. 4.  [REGIONAL RAIL AUTHORITIES.] No county or 
  7.36  regional rail authority may expend any federal, state, or local 
  8.1   money for study, planning, preliminary engineering, final 
  8.2   design, or construction for the Dan Patch commuter rail line. 
  8.3      [EFFECTIVE DATE.] This section is effective July 1, 2002. 
  8.4      Sec. 11.  [REPEALER.] 
  8.5      (a) Minnesota Statutes 2000, section 221.0313, is repealed. 
  8.6      (b) Laws 2001, chapter 101, section 1, is repealed. 
  8.7      [EFFECTIVE DATE.] Paragraph (b) is effective the day 
  8.8   following final enactment.