SF 5173
Introduction - 94th Legislature (2025 - 2026)
Posted on 04/16/2026 01:02 p.m.
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A bill for an act
relating to state government; expanding the scope of vehicles requiring an
overweight vehicle special permit; restricting local ordinances affecting aggregate
mining or production facilities; requiring a legislative audit of the aggregate
production tax; appropriating money for aggregate resource inventory; amending
Minnesota Statutes 2024, section 169.869, subdivisions 1, 2, 3; proposing coding
for new law in Minnesota Statutes, chapter 471.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
Section 1.
Minnesota Statutes 2024, section 169.869, subdivision 1, is amended to read:
Subdivision 1.
Definition.
For purposes of this section, "deleted text begin roaddeleted text end construction materials"
means deleted text begin street or highway construction materials, including but not limited to aggregate
material as defined in section 298.75, subdivision 1, paragraph (a), hot mix asphalt, plastic
concrete, cementitious materials, concrete admixtures, asphalt cement, and recycled roaddeleted text end
materialsnew text begin and supplies used or consumed in and equipment incorporated into the construction
of real property, including but not limited to a building, facility, or street or highwaynew text end .
Sec. 2.
Minnesota Statutes 2024, section 169.869, subdivision 2, is amended to read:
Subd. 2.
Six-axle vehicles.
(a) A road authority may issue an annual permit authorizing
a vehicle or combination of vehicles with a total of six or more axles to haul deleted text begin roaddeleted text end construction
materials and be operated with a gross vehicle weight of up to:
(1) 90,000 pounds; and
(2) 99,000 pounds during the period set by the commissioner under section 169.826,
subdivision 1.
(b) The fee for a permit issued under this subdivision is $300, or a proportional amount
as provided in section 169.86, subdivision 5.
Sec. 3.
Minnesota Statutes 2024, section 169.869, subdivision 3, is amended to read:
Subd. 3.
Seven-axle vehicles.
(a) A road authority may issue an annual permit authorizing
a vehicle or combination of vehicles with a total of seven or more axles to haul deleted text begin roaddeleted text end
construction materials and be operated with a gross vehicle weight of up to:
(1) 97,000 pounds; and
(2) 99,000 pounds during the period set by the commissioner under section 169.826,
subdivision 1.
(b) The fee for a permit issued under this subdivision is $500, or a proportional amount
as provided in section 169.86, subdivision 5.
Sec. 4.
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[471.9999] ORDINANCE RESTRICTIONS; AGGREGATE MINING.
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(a) A county, home rule charter or statutory city, or town is prohibited from adopting
an ordinance affecting an aggregate mining or production facility if one or both of the
following circumstances are present:
new text end
new text begin
(1) an application for a required permit from a county, home rule charter or statutory
city, or town has been submitted by an aggregate mining or production facility but has not
yet been approved or denied; or
new text end
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(2) an environmental impact statement related to the aggregate mining or production
facility is in the process of being prepared.
new text end
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(b) A county, home rule charter or statutory city, or town ordinance, permit, or regulation
must not include conditions on an aggregate mining or production facility that are more
restrictive than the conditions imposed by the state or federal government.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective the day following final enactment.
new text end
Sec. 5. new text begin AUDIT OF AGGREGATE TAX AND USE OF REVENUES COLLECTED
BY COUNTIES.
new text end
new text begin
The Office of the Legislative Auditor is directed to conduct a program audit of the
aggregate production tax established in Minnesota Statutes, section 298.75, to include the
following, by individual participating county, and covering all fiscal years since the county
established the tax:
new text end
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(1) a report on total revenues collected by fiscal year;
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(2) a report on how revenues are distributed among maintenance, construction, and
reconstruction of roads, highways, and bridges;
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(3) a report as to the funding priority given to roads, highways, and bridges that service
or are impacted by aggregate operations;
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(4) a report as to whether the county distributes aggregate tax revenues on a project or
formula basis;
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(5) a report as to the distribution and expenditure of money for aggregate mine
reclamation activities; and
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(6) a report on how tax revenue deposited in the special reserve fund established in
Minnesota Statutes, section 298.75, subdivision 7, paragraph (c), clause (3), has been
expended since each county began collecting the tax.
new text end
Sec. 6. new text begin APPROPRIATION; AGGREGATE RESOURCE INVENTORY.
new text end
new text begin
$250,000 in fiscal year 2027 is appropriated from the general fund to the commissioner
of natural resources for the aggregate resource mapping program to update Information
Circular 46, Aggregate Resources Inventory of the Seven-County Metropolitan Area,
Minnesota (Minnesota Geological Survey 2000), with particular emphasis on projected
needs and the estimated time until the aggregate resource is exhausted, and to perform duties
under Minnesota Statutes, section 84.94. This is a onetime appropriation.
new text end