1.1 	A bill for an act
1.2 	relating to transportation; appropriating money or reducing appropriations for 
1.3 	certain transportation, Metropolitan Council, and public safety activities or 
1.4 	programs; modifying provisions relating to transportation projects, contracts, 
1.5 	and a highway emergency relief account; repealing provisions regulating the 
1.6 	transportation of hazardous materials;amending Minnesota Statutes 2008, 
1.7 	sections 161.04, by adding a subdivision; 161.3426, subdivision 3, by adding 
1.8 	a subdivision; 174.02, by adding subdivisions; repealing Minnesota Statutes 
1.9 	2008, sections 13.721, subdivision 4; 221.0355, subdivisions 1, 2, 3, 4, 5, 6, 7, 
1.10 	7a, 8, 9, 10, 11, 12, 13, 14, 16, 17, 18.
1.11 	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

1.12 	ARTICLE 1
1.13 	TRANSPORTATION APPROPRIATIONS

1.14	Section 1.  SUMMARY OF APPROPRIATIONS.
 	
1.15 	The amounts shown in this section summarize direct appropriations, by fund, made 
1.16 	in this article.

1.17			2010
		2011
		Total
	
1.18	General
	$
	(1,733,000)
	$
	(2,670,000)
	$
	(4,403,000)
	
1.19	State Airports
		(140,000)
		(212,000)
		(352,000)
	
1.20	Trunk Highway
		-0-
		109,000,000
		109,000,000
	
1.21	Total
	$
	(1,873,000)
	$
	106,118,000
	$
	104,245,000

1.22	Sec. 2. APPROPRIATIONS.
 	
1.23 	The sums shown in the columns marked "Appropriations" are added to or, if shown 
1.24 	in parentheses, subtracted from the appropriations in Laws 2009, chapter 36, article 1, to 
1.25 	the agencies and for the purposes specified in this article. The appropriations are from the 
1.26 	general fund, or another named fund, and are available for the fiscal years indicated for 
2.1 	each purpose. The figures "2010" and "2011" used in this article mean that the addition to 
2.2 	or subtraction from the appropriations listed under them are available for the fiscal year 
2.3 	ending June 30, 2010, or June 30, 2011, respectively. Supplemental appropriations and 
2.4 	reductions to appropriations for the fiscal year ending June 30, 2010, are effective the 
2.5 	day following final enactment.

2.6				APPROPRIATIONS
	
2.7				Available for the Year
	
2.8				Ending June 30
	
2.9					2010
		2011

2.10
2.11	Sec. 3. DEPARTMENT OF 
TRANSPORTATION

2.12	Subdivision 1.Total Appropriation
 	$
	(811,000)
	$
	108,318,000

2.13	Appropriations by Fund
	
2.14	General
	(671,000)
	(470,000)
	
2.15	State Airports
	(140,000)
	(212,000)
	
2.16	Trunk Highway
	-0-
	109,000,000
	
2.17 	The amounts that may be spent for each 
2.18 	purpose are specified in the following 
2.19 	subdivisions.

2.20	Subd. 2.State Road Construction
 		-0-
		104,000,000
	
2.21 	$104,000,000 in fiscal year 2011 is 
2.22 	appropriated to the commissioner of 
2.23 	transportation from the trunk highway 
2.24 	fund for state road construction. This 
2.25 	appropriation is added to appropriations 
2.26 	under Laws 2009, chapter 36, article 1, 
2.27 	section 3, subdivision 3, paragraph (b), 
2.28 	clause (2). This additional appropriation is 
2.29 	funded by additional federal highway aid 
2.30 	of $104,000,000 above that specified in 
2.31 	Laws 2009, chapter 36, article 1, section 3, 
2.32 	subdivision 3, paragraph (b), clause (2). This 
2.33 	is a onetime appropriation.

2.34	Subd. 3.Federal Emergency Relief Account
 		-0-
		5,000,000
	
3.1 	$5,000,000 in fiscal year 2011 is transferred 
3.2 	from the trunk highway fund to the trunk 
3.3 	highway emergency relief account and 
3.4 	is appropriated to the commissioner of 
3.5 	transportation for the purposes of that 
3.6 	account.

3.7	Subd. 4.Multimodal Systems

3.8	(a) Aeronautics
		(140,000)
		(212,000)

3.9	Appropriations by Fund
	
3.10	Airports
	(140,000)
	(212,000)
	
3.11 	Aviation Support and Services. A reduction 
3.12 	of $140,000 in fiscal year 2010 is made to 
3.13 	Aviation Support and Services, and must 
3.14 	be transferred from the airports fund to the 
3.15 	general fund before June 30, 2010.
3.16 	A reduction of $212,000 in fiscal year 2011 is 
3.17 	made to Aviation Support and Services, and 
3.18 	must be transferred from the airports fund to 
3.19 	the general fund before June 30, 2011.

3.20	(b) Transit
		(462,000)
		(345,000)

3.21	Appropriations by Fund
	
3.22	General
	(462,000)
	(345,000)
	
3.23 	The base for nonmetro transit grants in 2012 
3.24 	is $16,598,000.

3.25	(c) Freight
		(125,000)
		(125,000)

3.26	Appropriations by Fund
	
3.27	General
	(125,000)
	(125,000)
	
3.28 	This reduction is from the hazardous 
3.29 	materials registration program.

3.30	Subd. 5.Urban Partnership Reduction
 		(84,000)
		-0-

3.31	Appropriations by Fund
	
3.32	General
	(84,000)
	-0-
	
4.1 	This is a onetime reduction from the 
4.2 	appropriation in Laws 2008, chapter 179, 
4.3 	section 16, subdivision 3.

4.4	Subd. 6.Transfers
 					
4.5 	Notwithstanding any law to the contrary, 
4.6 	by June 30, 2010, the commissioner shall 
4.7 	transfer $265,000 from accounts in the 
4.8 	special revenue fund to the general fund.
4.9 	After July 1, 2010, and before June 30, 2011, 
4.10 	the commissioner shall transfer $376,000 
4.11 	from accounts in the special revenue fund to 
4.12 	the general fund.

4.13	Sec. 4. DEPARTMENT OF PUBLIC SAFETY
 	$
	-0-
	$
	(82,000)

4.14	Appropriations by Fund
	
4.15	General
	-0-
	(82,000)
	
4.16 	This appropriation reduction is to the 
4.17 	information technology budget in the 
4.18 	technical support services budget activity 
4.19 	of the administration and related services 
4.20 	program. This reduction is permanent.

4.21	Sec. 5. METROPOLITAN COUNCIL
 	$
	(1,062,000)
	$
	(2,118,000)

4.22	Appropriations by Fund
	
4.23	General
	(1,062,000)
	(2,118,000)
	
4.24 	These reductions are to the bus transit 
4.25 	appropriations in Laws 2009, chapter 
4.26 	36, article 1, section 4, subdivision 2. 
4.27 	To the extent possible, the council shall 
4.28 	reduce administrative costs to achieve the 
4.29 	reductions. This reduction is permanent.

5.1 	ARTICLE 2
5.2 	TRANSPORTATION POLICY

5.3 	Section 1. Minnesota Statutes 2008, section 161.04, is amended by adding a 
5.4 	subdivision to read:
5.5 		Subd. 5.Trunk highway emergency relief account. (a) The trunk highway 
5.6 	emergency relief account is created in the trunk highway fund. Money in the account 
5.7 	is appropriated to the commissioner to be used to fund relief activities related to an 
5.8 	emergency, as defined in section 161.32, subdivision 3.
5.9 	(b) Reimbursements by the Federal Highway Administration for emergency relief 
5.10 	payments made from the trunk highway emergency relief account must be deposited 
5.11 	into the account. Interest accrued on the account must be deposited into the account. 
5.12 	Notwithstanding section 16A.28, money appropriated to the account for this program from 
5.13 	any source is available until spent. If the balance of the account at the end of the fiscal 
5.14 	year is greater than $10,000,000, the amount above $10,000,000 must be transferred to 
5.15 	the trunk highway fund.
5.16 	(c) By September 1, 2012, and in every subsequent even-numbered year by 
5.17 	September 1, the commissioner shall submit a report to the chairs and ranking minority 
5.18 	members of the house of representatives and senate committees having jurisdiction over 
5.19 	transportation policy and finance. The report must include the balance, as well as details 
5.20 	of payments made from and deposits made to the trunk highway emergency relief account 
5.21 	since the last report.

5.22 	Sec. 2. Minnesota Statutes 2008, section 161.3426, subdivision 3, is amended to read:
5.23 		Subd. 3.Stipulated fee. The commissioner shall award a stipulated fee not less than 
5.24 	two-tenths of one percent of the department's estimated cost of design and construction 
5.25 	to each unsuccessful short-listed, responsible proposer who provides a responsive 
5.26 	but unsuccessful proposal obtains the minimum technical proposal score established 
5.27 	by the commissioner in the RFP. If the commissioner does not award a contract, all 
5.28 	short-listed proposers must receive the stipulated fee. If the commissioner cancels the 
5.29 	contract before reviewing the technical proposals, the commissioner shall award each 
5.30 	design-builder on the short list a stipulated fee of not less than two-tenths of one percent 
5.31 	of the commissioner's estimated cost of design and construction. The commissioner shall 
5.32 	pay the stipulated fee to each proposer within 90 days after the award of the contract or 
5.33 	the decision not to award a contract. In consideration for paying the stipulated fee, the 
5.34 	commissioner may use any ideas or information contained in the proposals in connection 
6.1 	with any contract awarded for the project or in connection with a subsequent procurement, 
6.2 	without any obligation to pay any additional compensation to the unsuccessful proposers. 
6.3 	Notwithstanding the other provisions of this subdivision, an unsuccessful short-list 
6.4 	proposer may elect to waive the stipulated fee. If an unsuccessful short-list proposer 
6.5 	elects to waive the stipulated fee, the commissioner may not use ideas and information 
6.6 	contained in that proposer's proposal. Upon the request of the commissioner, a proposer 
6.7 	who waived a stipulated fee may withdraw the waiver, in which case the commissioner 
6.8 	shall pay the stipulated fee to the proposer and thereafter may use ideas and information in 
6.9 	the proposer's proposal.

6.10 	Sec. 3. Minnesota Statutes 2008, section 161.3426, is amended by adding a subdivision 
6.11 	to read:
6.12 		Subd. 6.Reissue of RFP. If the commissioner rejects all bids or does not execute 
6.13 	the contract, the commissioner may reissue the RFP and allow only short-listed teams 
6.14 	to resubmit proposals. The commissioner shall then pay a reasonable stipulated fee to 
6.15 	each unsuccessful short-listed, responsible proposer who obtains the minimum technical 
6.16 	proposal score established by the commissioner in the reissued RFP.

6.17 	Sec. 4. Minnesota Statutes 2008, section 174.02, is amended by adding a subdivision 
6.18 	to read:
6.19 		Subd. 8.Alternative financing and investment in transportation projects.
 6.20 	The commissioner may enter into agreements with governmental or nongovernmental 
6.21 	entities, including private and nonprofit entities, to finance or invest in transportation 
6.22 	projects, including repayment agreements subject to the availability of state money or 
6.23 	other dedicated revenue or resources, with the approval of the commissioner of Minnesota 
6.24 	Management and Budget.

6.25 	Sec. 5. Minnesota Statutes 2008, section 174.02, is amended by adding a subdivision 
6.26 	to read:
6.27 		Subd. 9.Federal financial program authority. The commissioner may apply 
6.28 	for and receive financial assistance under the Transportation Infrastructure Finance and 
6.29 	Innovation Act of 1998 (TIFIA), United States Code, title 23, chapter 6, or through other 
6.30 	federal transportation loan, grant, or credit assistance programs. The assistance may 
6.31 	include but is not limited to loans, loan guarantees, and lines of credit. The commissioner 
6.32 	may enter into agreements to repay the financial assistance subject to the availability of 
7.1 	state money or other dedicated revenue or resources, with the approval of Minnesota 
7.2 	Management and Budget.

7.3 	Sec. 6.  REPEALER.
 7.4 	Minnesota Statutes 2008, sections 13.721, subdivision 4; and 221.0355, subdivisions 
7.5 	1, 2, 3, 4, 5, 6, 7, 7a, 8, 9, 10, 11, 12, 13, 14, 16, 17, and 18, are repealed.