HF 605

1st Committee Engrossment - 86th Legislature (2009 - 2010)

Posted on 03/19/2013 07:28 p.m.

1.1A bill for an act 1.2relating to transportation; modifying management, priorities, research, and 1.3planning provisions related to Department of Transportation; requiring reports; 1.4amending Minnesota Statutes 2008, sections 161.53; 165.03, by adding a 1.5subdivision; 174.02, subdivisions 1a, 2, by adding a subdivision; 174.03, 1.6subdivisions 1a, 4, by adding a subdivision; proposing coding for new law in 1.7Minnesota Statutes, chapter 167. 1.8BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 1.9    Section 1. Minnesota Statutes 2008, section 161.53, is amended to read: 1.10161.53 RESEARCH ACTIVITIES. 1.11     new text begin (a) new text end The commissioner may set aside in each fiscal year up to two percent of the 1.12total amount of all funds appropriated to the commissioner other than county state-aid 1.13and municipal state-aid highway funds for transportation research including public and 1.14private research partnerships. The commissioner shall spend this money for (1) research 1.15to improve the design, construction, maintenance, management, and environmental 1.16compatibility of transportation systems new text begin , including research into and implementation of new text end 1.17 new text begin innovations in bridge-monitoring technology and bridge inspection technology; bridge new text end 1.18 new text begin inspection techniques and best practices; and the cost-effectiveness of deferred or lower new text end 1.19 new text begin cost highway and bridge design and maintenance activities and their impacts on long-term new text end 1.20 new text begin trunk highway costs and maintenance needs new text end ; (2) research on transportation policies that 1.21enhance energy efficiency and economic development; (3) programs for implementing 1.22and monitoring research results; and (4) development of transportation education and 1.23outreach activities. 1.24 new text begin (b) new text end Of all funds appropriated to the commissioner other than state-aid funds, the 1.25commissioner shall spend at least 0.1 percent, but not exceeding $1,200,000 in any fiscal 2.1year, for research and related activities performed by the Center for Transportation Studies 2.2of the University of Minnesota. The center shall establish a technology transfer and 2.3training center for Minnesota transportation professionals. 2.4    Sec. 2. Minnesota Statutes 2008, section 165.03, is amended by adding a subdivision 2.5to read: 2.6     new text begin Subd. 8. new text end new text begin Biennial report on bridge inspection quality assurance. new text end new text begin By February new text end 2.7 new text begin 1 of each odd-numbered year, the commissioner shall submit a report electronically to new text end 2.8 new text begin the members of the senate and house of representatives committees with jurisdiction over new text end 2.9 new text begin transportation policy and finance concerning quality assurance for bridge inspections. new text end 2.10 new text begin At a minimum, the report must: new text end 2.11 new text begin (1) summarize the bridge inspection quality assurance and quality control procedures new text end 2.12 new text begin used in Minnesota; new text end 2.13 new text begin (2) identify any substantive changes to quality assurance and quality control new text end 2.14 new text begin procedures made in the previous two years; new text end 2.15 new text begin (3) summarize and provide a briefing on findings from bridge inspection quality new text end 2.16 new text begin reviews performed in the previous two years; new text end 2.17 new text begin (4) identify actions taken and planned in response to findings from bridge inspection new text end 2.18 new text begin quality reviews performed in the previous two years; new text end 2.19 new text begin (5) summarize the results of any bridge inspection compliance review by the Federal new text end 2.20 new text begin Highway Administration; and new text end 2.21 new text begin (6) identify actions in response to the Federal Highway Administration compliance new text end 2.22 new text begin review taken by the department in order to reach full compliance. new text end 2.23    Sec. 3. new text begin [167.60] DEBT-FINANCING MANAGEMENT POLICY. new text end 2.24 new text begin (a) By July 1, 2010, the commissioner shall develop a debt-financing management new text end 2.25 new text begin policy for trunk highway bonds, federal advanced construction funds, and other forms of new text end 2.26 new text begin highway financing based on debt or future repayment. The policy must be used by the new text end 2.27 new text begin department to guide decision making related to debt financing. The commissioner may new text end 2.28 new text begin update the policy as necessary. In developing and updating the policy, the commissioner new text end 2.29 new text begin shall consult with the commissioner of management and budget and the chairs and ranking new text end 2.30 new text begin minority members of the senate and house of representatives committees with jurisdiction new text end 2.31 new text begin over transportation finance. new text end 2.32 new text begin (b) The debt-financing management policy must address relevant financial issues, new text end 2.33 new text begin including, but not limited to: new text end 3.1 new text begin (1) limits on cumulative amounts of debt for the trunk highway system from all new text end 3.2 new text begin state and federal sources; new text end 3.3 new text begin (2) eligibility of projects for debt-financing funds; new text end 3.4 new text begin (3) allocation and use of funds; new text end 3.5 new text begin (4) terms of debt service and methods of repayment; new text end 3.6 new text begin (5) management of trunk highway fund balance impacts; and new text end 3.7 new text begin (6) mitigation of risks from different forms of debt financing. new text end 3.8 new text begin (c) Upon creation or formal revision of the debt-financing management policy, the new text end 3.9 new text begin commissioner shall distribute electronic copies to the members of the senate and house of new text end 3.10 new text begin representatives committees with jurisdiction over transportation finance, and as required new text end 3.11 new text begin for reports to the legislature under section 3.195, subdivision 1. new text end 3.12    Sec. 4. Minnesota Statutes 2008, section 174.02, subdivision 1a, is amended to read: 3.13    Subd. 1a. Mission; efficiency; legislative report, recommendations. It is part 3.14of the department's mission that within the department's resources the commissioner 3.15shall endeavor to: 3.16    (1) prevent the waste or unnecessary spending of public money; 3.17    (2) use innovative fiscal and human resource practices to manage the state's 3.18resources and operate the department as efficiently as possible; 3.19    (3) minimize the degradation of air and water quality; 3.20    (4) coordinate the department's activities wherever appropriate with the activities 3.21of other governmental agencies; 3.22    (5) use technology where appropriate to increase agency productivity, improve 3.23customer service, increase public access to information about government, and increase 3.24public participation in the business of government; 3.25    (6) utilize constructive and cooperative labor-management practices to the extent 3.26otherwise required by chapters 43A and 179A; 3.27    (7) new text begin ensure that the safety, maintenance, and preservation of Minnesota's new text end 3.28 new text begin transportation infrastructure is a primary priority; new text end 3.29 new text begin (8) new text end report to the legislature on the performance of agency operations and the 3.30accomplishment of agency goals in the agency's biennial budget according to section 3.3116A.10, subdivision 1 ; and 3.32    (8) new text begin (9) new text end recommend to the legislature appropriate changes in law necessary to carry 3.33out the mission and improve the performance of the department. 3.34    Sec. 5. Minnesota Statutes 2008, section 174.02, subdivision 2, is amended to read: 4.1    Subd. 2. Unclassified positions. The commissioner may establish four positions 4.2in the unclassified service at the deputy and assistant commissioner, assistant to 4.3commissioner or personal secretary levels. No more than two of these positions shall be at 4.4the deputy commissioner level. new text begin One of the four positions in the unclassified service must new text end 4.5 new text begin serve as the chief engineer and be licensed as a professional engineer under section 326.02. new text end 4.6    Sec. 6. Minnesota Statutes 2008, section 174.02, is amended by adding a subdivision 4.7to read: 4.8     new text begin Subd. 8. new text end new text begin Electronic reports. new text end new text begin For any legislative report required to be submitted by new text end 4.9 new text begin the commissioner by law, in which the report may or must be submitted electronically, the new text end 4.10 new text begin commissioner shall meet the requirements under section 3.195, subdivision 1. new text end 4.11    Sec. 7. Minnesota Statutes 2008, section 174.03, subdivision 1a, is amended to read: 4.12    Subd. 1a. Revision of state new text begin statewide multimodal new text end transportation plan. new text begin (a) new text end The 4.13commissioner shall revise the state new text begin statewide multimodal new text end transportation plan by January 1, 4.141996, January 1, 2000, and, if the requirements of clauses (1) and (2) have been met in the 4.15previous revision new text begin 2016 new text end , new text begin and new text end by January 1 of every third even-numbered year new text begin six years new text end 4.16thereafter. Before final adoption of a revised plan, the commissioner shall hold a hearing 4.17to receive public comment on the preliminary draft of the revised plan. 4.18The new text begin (b) Each new text end revised state new text begin statewide multimodal new text end transportation plan must: 4.19(1) incorporate the goals of the state transportation system in section 174.01; and 4.20(2) establish objectives, policies, and strategies for achieving those goals. new text begin ; and new text end 4.21 new text begin (3) identify performance targets for measuring progress and achievement of new text end 4.22 new text begin transportation system goals, objectives, or policies. new text end 4.23 new text begin EFFECTIVE DATE. new text end new text begin This section is effective the day following final enactment. new text end 4.24    Sec. 8. Minnesota Statutes 2008, section 174.03, is amended by adding a subdivision 4.25to read: 4.26     new text begin Subd. 1c. new text end new text begin Statewide highway 20-year capital investment plan. new text end new text begin By July 2012 and new text end 4.27 new text begin in conjunction with each future revision of the statewide multimodal transportation plan, new text end 4.28 new text begin the commissioner shall prepare a 20-year statewide highway capital investment plan that: new text end 4.29 new text begin (1) incorporates performance measures and targets for assessing progress and new text end 4.30 new text begin achievement of the state's transportation goals, objectives, and policies identified in this new text end 4.31 new text begin chapter for the state trunk highway system, and those goals, objectives, and policies new text end 4.32 new text begin established in the statewide multimodal transportation plan. Performance targets must be new text end 4.33 new text begin based on objectively verifiable measures, and address, at a minimum, preservation and new text end 5.1 new text begin maintenance of the structural condition of state highway bridges and pavements, safety, new text end 5.2 new text begin and mobility; new text end 5.3 new text begin (2) summarizes trends and impacts for each performance target over the past five new text end 5.4 new text begin years; new text end 5.5 new text begin (3) summarizes the amount and analyzes the impact of the department's capital new text end 5.6 new text begin investments and priorities over the past five years on each performance target, including a new text end 5.7 new text begin comparison of prior plan projected costs with actual costs; new text end 5.8 new text begin (4) identifies the investments required to meet the established performance targets new text end 5.9 new text begin over the next 20-year period; new text end 5.10 new text begin (5) projects available state and federal funding over the 20-year period; new text end 5.11 new text begin (6) identifies strategies to ensure the most efficient use of existing transportation new text end 5.12 new text begin infrastructure, and to maximize the performance benefits of projected available funding; new text end 5.13 new text begin (7) establishes investment priorities for projected funding, including a schedule of new text end 5.14 new text begin major projects or improvement programs for the 20-year period together with projected new text end 5.15 new text begin costs and impact on performance targets; and new text end 5.16 new text begin (8) identifies those performance targets identified under clause (1) not expected to new text end 5.17 new text begin meet the target outcome over the 20-year period together with alternative strategies that new text end 5.18 new text begin could be implemented to meet the targets. new text end 5.19 new text begin EFFECTIVE DATE. new text end new text begin This section is effective the day following final enactment. new text end 5.20    Sec. 9. Minnesota Statutes 2008, section 174.03, subdivision 4, is amended to read: 5.21    Subd. 4. Other duties. The commissioner shall: 5.22(1) construct and maintain transportation facilities as authorized by law; 5.23(2) cooperate with, and may provide technical and financial assistance to, the 5.24Metropolitan Council and regional development commissions in the regional transportation 5.25planning process, in accordance with mutually acceptable terms and conditions; 5.26(3) cooperate with, and may provide planning and technical assistance upon the 5.27request of, any political subdivision or other governmental agency in accordance with 5.28mutually accepted terms and conditions, except as otherwise restricted by law; and 5.29(4) develop, revise, and monitor a statewide rail transportation plan as part of the 5.30statewide transportation planning process, including a study and evaluation of alternative 5.31methods for insuring adequate and economical transportation of agricultural commodities, 5.32supplies, and other goods to and from rural areas of the state. The plan shall include an 5.33analysis of rail lines in the state for the purpose of determining (i) eligibility of rail lines 5.34for assistance under federal and state rail assistance programs, (ii) eligibility of rail lines 6.1for inclusion in the state rail bank, and (iii) the actions required by the state to insure the 6.2continuation of rail service that meets essential state needs and objectives. new text begin ; and new text end 6.3 new text begin (5) appoint an employee to serve as controller to establish and maintain a system of new text end 6.4 new text begin internal controls consistent with section 16A.057, subdivision 1, to ensure the accuracy, new text end 6.5 new text begin thoroughness, and reliability of financial, asset management, and performance information new text end 6.6 new text begin generated by the department and reported to the legislature. The controller shall report new text end 6.7 new text begin annually, at a minimum, to the chairs and ranking minority members of the senate and new text end 6.8 new text begin house of representatives committees with jurisdiction over transportation policy and new text end 6.9 new text begin finance concerning agency productivity, progress toward performance-based agency new text end 6.10 new text begin budgeting, and agency efficiency. The report on agency efficiency must include cost new text end 6.11 new text begin estimates of projects, with engineering, right-of-way acquisition, and construction costs new text end 6.12 new text begin compared to actual costs; and district-to-district comparisons of estimated and actual costs new text end 6.13 new text begin and results achieved. Effectiveness of the internal controls must be tested annually by new text end 6.14 new text begin auditors using generally accepted auditing standards. new text end 6.15    Sec. 10. new text begin REPORT ON DEPARTMENT OF TRANSPORTATION new text end 6.16 new text begin MANAGEMENT CHANGES. new text end 6.17 new text begin (a) By February 1, 2011, the commissioner of transportation shall submit a report new text end 6.18 new text begin electronically to the members of the senate and house of representatives committees new text end 6.19 new text begin with jurisdiction over transportation policy and finance concerning recent changes in the new text end 6.20 new text begin department's organizational structure, internal procedures and practices, and anticipated new text end 6.21 new text begin budget. The report must include, but is not limited to: new text end 6.22 new text begin (1) a summary and review of the department organizational structure for bridge new text end 6.23 new text begin management, maintenance, and inspections, including a brief explanation of any relevant new text end 6.24 new text begin structural or organizational changes made since August 1, 2007; new text end 6.25 new text begin (2) an analysis of the division of bridge-related duties and decision-making new text end 6.26 new text begin responsibilities between districts and central administration; new text end 6.27 new text begin (3) a summary of current agency procedures and processes, and any changes made new text end 6.28 new text begin since August 1, 2007, related to: new text end 6.29 new text begin (i) initiation of bridge re-rating and use of bridge inspection findings in the re-rating new text end 6.30 new text begin process; new text end 6.31 new text begin (ii) implementation of agencywide standards for documenting bridge inspection new text end 6.32 new text begin findings and decision making for postinspection bridge maintenance; and new text end 6.33 new text begin (iii) other changes designed to ensure or enhance the safety of Minnesota's new text end 6.34 new text begin transportation infrastructure; and new text end 7.1 new text begin (4) a budget analysis of anticipated funding and funding allocations for pavement new text end 7.2 new text begin preservation and highway maintenance, safety projects, mobility enhancement projects, new text end 7.3 new text begin and highway and bridge construction, for fiscal years 2012 through 2018, including a new text end 7.4 new text begin discussion of any anticipated budgetary challenges or risks. new text end 7.5 new text begin (b) In addition to an electronic report, the commissioner shall prepare a summary of new text end 7.6 new text begin findings from the report for distribution and oral testimony to the chairs of the senate and new text end 7.7 new text begin house of representatives committees with jurisdiction over transportation finance, who new text end 7.8 new text begin shall make every reasonable effort to arrange testimony from the department during the new text end 7.9 new text begin 2011 legislative session. new text end