HF 2801

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

Posted on 03/19/2013 07:29 p.m.

1.1A bill for an act 1.2relating to establishing complete streets program and requiring reports;amending 1.3Minnesota Statutes 2008, sections 162.02, subdivision 3a; 162.09, subdivision 1.43a; proposing coding for new law in Minnesota Statutes, chapter 174. 1.5BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 1.6ARTICLE 1 1.7IMPLEMENTATION 1.8    Section 1. Minnesota Statutes 2008, section 162.02, subdivision 3a, is amended to read: 1.9    Subd. 3a. Variances from rules and engineering standards. new text begin (a) Subject to section new text end 1.10 new text begin 174.75, subdivision 5, new text end the commissioner may grant variances from the rules and from the 1.11engineering standards developed pursuant to section 162.021 or 162.07, subdivision 2. A 1.12political subdivision in which a county state-aid highway is located or is proposed to be 1.13located may submit a written request to the commissioner for a variance for that highway. 1.14 new text begin (b) new text end The commissioner shall publish notice of the request in the State Register and 1.15give notice to all persons known to the commissioner to have an interest in the matter. The 1.16commissioner may grant or deny the variance within 30 days of providing notice of the 1.17request. If a written objection to the request is received within seven days of providing 1.18notice, the variance shall be granted or denied only after a contested case hearing has been 1.19held on the request. If no timely objection is received and the variance is denied without 1.20hearing, the political subdivision may request, within 30 days of receiving notice of denial, 1.21and shall be granted a contested case hearing. 1.22 new text begin (c) new text end For purposes of this subdivision, "political subdivision" includes (1) an agency of 1.23a political subdivision which has jurisdiction over parks, and (2) a regional park authority. 2.1    Sec. 2. Minnesota Statutes 2008, section 162.09, subdivision 3a, is amended to read: 2.2    Subd. 3a. Variances from rules and engineering standards. (a) new text begin Subject to section new text end 2.3 new text begin 174.75, subdivision 5, new text end the commissioner may grant variances from the rules and from the 2.4engineering standards developed pursuant to section 162.13, subdivision 2. A political 2.5subdivision in which a municipal state-aid street is located or is proposed to be located 2.6may submit a written request to the commissioner for a variance for that street. 2.7(b) The commissioner shall publish notice of the request in the State Register and 2.8give notice to all persons known to the commissioner to have an interest in the matter. The 2.9commissioner may grant or deny the variance within 30 days of providing notice of the 2.10request. If a written objection to the request is received within seven days of providing 2.11notice, the variance shall be granted or denied only after a contested case hearing has been 2.12held on the request. If no timely objection is received and the variance is denied without 2.13hearing, the political subdivision may request, within 30 days of receiving notice of denial, 2.14and shall be granted a contested case hearing. 2.15(c) For purposes of this subdivision, "political subdivision" includes (1) an agency of 2.16a political subdivision which has jurisdiction over parks, and (2) a regional park authority. 2.17    Sec. 3. new text begin [174.75] COMPLETE STREETS. new text end 2.18     new text begin Subdivision 1. new text end new text begin Definition. new text end new text begin "Complete streets" is the planning, scoping, design, new text end 2.19 new text begin implementation, operation, and maintenance of roads in order to reasonably address the new text end 2.20 new text begin safety and accessibility needs of users of all ages and abilities. Complete streets considers new text end 2.21 new text begin the needs of motorists, pedestrians, transit users and vehicles, bicyclists, and commercial new text end 2.22 new text begin and emergency vehicles moving along and across roads, intersections, and crossings in a new text end 2.23 new text begin manner that recognizes that the needs vary in urban, suburban, and rural settings. new text end 2.24     new text begin Subd. 2. new text end new text begin Implementation. new text end new text begin The commissioner shall implement a complete streets new text end 2.25 new text begin policy after consultation with stakeholders, state and regional agencies, local governments, new text end 2.26 new text begin and road authorities. The commissioner, after such consultation, shall address relevant new text end 2.27 new text begin protocols, guidance, standards, requirements, and training, and shall integrate related new text end 2.28 new text begin principles of context-sensitive solutions. new text end 2.29     new text begin Subd. 3. new text end new text begin Report. new text end new text begin Beginning in 2011, the commissioner shall report on the new text end 2.30 new text begin implementation of the complete streets policy in the agency's biennial budget submission new text end 2.31 new text begin under section 174.02. new text end 2.32     new text begin Subd. 4. new text end new text begin Local road authorities. new text end new text begin Local road authorities are encouraged, but not new text end 2.33 new text begin required, to create and adopt complete streets policies for their roads that reflect local new text end 2.34 new text begin context and goals. Nothing in this section may be construed to prohibit a local road new text end 3.1 new text begin authority from adopting a complete streets policy that incorporates or exceeds statutory new text end 3.2 new text begin complete streets principles. new text end 3.3     new text begin Subd. 5. new text end new text begin Variances from engineering standards. new text end new text begin (a) When evaluating a request new text end 3.4 new text begin for a variance from the engineering standards for state-aid projects under chapter 162 in new text end 3.5 new text begin which the variance request is related to complete streets, the commissioner shall consider new text end 3.6 new text begin the latest edition of (1) A Policy on Geometric Design of Highways and Streets, from the new text end 3.7 new text begin American Association of State Highway and Transportation Officials; and (2) for projects new text end 3.8 new text begin in urban areas, the Context Sensitive Solutions in Designing Major Urban Thoroughfares new text end 3.9 new text begin for Walkable Communities, from the Institute of Transportation Engineers. new text end 3.10 new text begin (b) If the commissioner denies a variance request related to complete streets, the new text end 3.11 new text begin commissioner shall provide a brief written reason for the denial to the political subdivision new text end 3.12 new text begin that submitted the request. new text end 3.13ARTICLE 2 3.14REPORTS 3.15    Section 1. new text begin COMPLETE STREETS REPORTS. new text end 3.16 new text begin The commissioner of transportation shall submit to the chairs and ranking minority new text end 3.17 new text begin members of the house of representatives and senate committees with jurisdiction over new text end 3.18 new text begin transportation policy and finance reports that: new text end 3.19 new text begin (1) by November 15, 2010, summarize the department's complete streets initiatives, new text end 3.20 new text begin summarize steps taken to expedite and improve the transparency of the state-aid variance new text end 3.21 new text begin process related to complete streets, outline plans to develop and implement a complete new text end 3.22 new text begin streets policy, and identify any statutory barriers to complete streets implementation; new text end 3.23 new text begin (2) by November 15, 2011, summarize the results of the collaboration under new text end 3.24 new text begin Minnesota Statutes, section 174.75, subdivision 3; identify modifications made to or new text end 3.25 new text begin recommended for protocols, guidance, standards, or other requirements to facilitate new text end 3.26 new text begin complete streets implementation; report status of development of complete streets new text end 3.27 new text begin performance indicators; outline other work planned related to the complete streets new text end 3.28 new text begin policy; and identify statutory recommendations to facilitate complete streets policy new text end 3.29 new text begin implementation; and new text end 3.30 new text begin (3) by November 15, 2013, overview the department's implementation of complete new text end 3.31 new text begin streets policy; note updates to protocols, guidance, standards, or requirements; identify new text end 3.32 new text begin any recommendations for supporting local complete streets implementation under the new text end 3.33 new text begin state-aid standards variance process; and identify statutory recommendations to facilitate new text end 3.34 new text begin complete streets policy implementation. new text end 4.1 new text begin The reports in clauses (1), (2), and (3) must be made available electronically and new text end 4.2 new text begin made available in print only upon request. new text end