as introduced - 80th Legislature (1997 - 1998) Posted on 12/15/2009 12:00am
1.1 A bill for an act 1.2 relating to highways; allowing substitution in 1.3 metropolitan area of another project in state 1.4 transportation improvement program for designated toll 1.5 facility project; providing for municipal review and 1.6 dispute resolution process for state highway project 1.7 in municipality; requiring revisions to state 1.8 transportation plan every four years; allowing 1.9 nonmetropolitan district offices of department of 1.10 transportation to receive grants for transportation 1.11 studies; making technical changes; amending Minnesota 1.12 Statutes 1996, sections 160.92; 161.17; 161.172; 1.13 161.173; 161.174; 161.176; 161.177; and 174.03, 1.14 subdivisions 1a and 2; and Laws 1995, chapter 265, 1.15 article 2, section 2, subdivision 7; proposing coding 1.16 for new law in Minnesota Statutes, chapter 161; 1.17 repealing Minnesota Statutes 1996, sections 161.171; 1.18 and 161.175. 1.19 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 1.20 Section 1. Minnesota Statutes 1996, section 160.92, is 1.21 amended to read: 1.22 160.92 [TOLL FACILITY REPLACEMENT PROJECTS.] 1.23 When a highway project in the metropolitan area has been 1.24 scheduled in the department'ssix-year workstate transportation 1.25 improvement program but is designated as a toll facility, the 1.26 commissioner shall substitute in theworkprograma similar1.27highwayanother construction project in the metropolitan area. 1.28 Sec. 2. [161.167] [HIGHWAY CONSTRUCTION THROUGH 1.29 MUNICIPALITIES; DEFINITIONS.] 1.30 Subdivision 1. [SCOPE.] As used in sections 161.168 to 1.31 161.177, the terms defined in this section have the meanings 1.32 given them. 2.1 Subd. 2. [ADVISORY BODY.] "Advisory body" means (1) if the 2.2 project is located in the seven-county metropolitan area, the 2.3 metropolitan council; (2) if the project is located in a 2.4 municipality outside of the seven-county metropolitan area, and 2.5 not within the jurisdiction of a metropolitan planning 2.6 organization, the municipal advisory committee on state aid 2.7 rules established under section 162.09, subdivision 2; or (3) if 2.8 the project is located in a municipality outside of the 2.9 seven-county metropolitan area and within a metropolitan 2.10 planning organization area, the policy board of the metropolitan 2.11 planning organization. 2.12 Subd. 3. [APPEAL BOARD.] "Appeal board" means (1) if the 2.13 project is located in the seven-county metropolitan area, the 2.14 metropolitan council; (2) if the project is located in a 2.15 municipality outside of the seven-county metropolitan area, and 2.16 not within the jurisdiction of a metropolitan planning 2.17 organization, the municipal advisory committee on state aid 2.18 rules established under section 162.09, subdivision 2; or (3) if 2.19 the project is located in a municipality outside of the 2.20 seven-county metropolitan area and within a metropolitan 2.21 planning organization area, the policy board of the metropolitan 2.22 planning organization. 2.23 Subd. 4. [CONSTRUCTION PLAN.] "Construction plan" means 2.24 the final plan including plan sheets, profiles, typical cross 2.25 sections, and supplemental drawings that show the location, 2.26 character, dimensions, and details of the highway construction 2.27 or improvement work to be done, and which is substantially in 2.28 conformance with the plan that will be submitted to prospective 2.29 bidders. 2.30 Subd. 5. [CONSTRUCTION PROJECT.] "Construction project" 2.31 means new construction, reconstruction, or other highway 2.32 improvements. 2.33 Subd. 6. [GOVERNING BODY.] "Governing body" means the duly 2.34 elected council of a municipality. 2.35 Subd. 7. [MUNICIPALITY.] "Municipality" means a statutory 2.36 or home rule charter city within the state. 3.1 Subd. 8. [METROPOLITAN AREA.] "Metropolitan area" includes 3.2 the counties of Anoka, Carver, Dakota, Hennepin, Ramsey, Scott, 3.3 and Washington, presently under the jurisdiction, for 3.4 metropolitan area planning and coordination purposes, of the 3.5 metropolitan council established pursuant to chapter 473. 3.6 Subd. 9. [METROPOLITAN PLANNING AREA.] "Metropolitan 3.7 planning area" means the geographic area in which the 3.8 metropolitan transportation planning process required by section 3.9 8 of the Federal Transit Act and by United States Code, title 3.10 23, section 134, must be carried out. 3.11 Subd. 10. [METROPOLITAN PLANNING ORGANIZATION OR 3.12 MPO.] "Metropolitan planning organization" or "MPO" means the 3.13 forum for cooperative transportation decision-making for 3.14 metropolitan planning areas. 3.15 Subd. 11. [SYSTEM OF NONPRINCIPAL ROUTES.] "System of 3.16 nonprincipal routes" means any of the systems of routes that are 3.17 functionally classified as minor arterials, collectors, and 3.18 local roads and that have less emphasis on mobility and more 3.19 emphasis on access than the system of principal arterial routes. 3.20 Subd. 12. [PRELIMINARY PLAN.] "Preliminary plan" means the 3.21 geometric layout or, if no geometric layout is prepared, the 3.22 preliminary construction plan for a highway facility, that 3.23 shows, where applicable, the proposed locations, elevations, and 3.24 number and width of lanes; frontage roads; types and approximate 3.25 locations of proposed roadway intersections or interchanges; 3.26 approximate width and length of bridges; and approximate 3.27 right-of-way limits and access locations. 3.28 Subd. 13. [SYSTEM OF PRINCIPAL ARTERIAL ROUTES.] "System 3.29 of principal arterial routes" means the system of routes whose 3.30 primary function is to carry vehicles for long-distance trips at 3.31 high speeds, to emphasize mobility over local access functions. 3.32 It consists of the national highway system, interstate routes, 3.33 and other principal arterial routes not designated as part of 3.34 the national highway system. 3.35 Sec. 3. [161.168] [HIGHWAY PROJECT REVIEW.] 3.36 Subdivision 1. [SCOPE.] Sections 161.167 to 161.17 apply 4.1 to state trunk highways functionally classified as part of the 4.2 system of principal arterial routes by the commissioner. 4.3 Sections 161.172 to 161.177 do not apply to the system of 4.4 principal arterial routes. Sections 161.167 to 161.169 and 4.5 161.172 to 161.177 apply to a system of nonprincipal routes. 4.6 Subd. 2. [PROJECTS REQUIRING REVIEW.] Section 161.17, 4.7 which applies to the system of principal arterial routes, and 4.8 sections 161.172 to 161.177, which apply to a system of 4.9 nonprincipal routes, apply only to projects that alter access, 4.10 increase or reduce highway traffic capacity, or require 4.11 acquisition of permanent rights-of-way. 4.12 Subd. 3. [TRAFFIC SAFETY MEASURES.] Nothing contained in 4.13 sections 161.167 to 161.177 limits the power of the commissioner 4.14 to regulate traffic or install traffic control devices or other 4.15 safety measures on trunk highways located within municipalities 4.16 regardless of their impact on access or traffic capacity or on 4.17 the need for additional right-of-way. 4.18 Subd. 4. [CONSTRUCTION PROGRAM; PRIORITY.] Nothing 4.19 contained in sections 161.167 to 161.177 limits the 4.20 commissioner's discretion to determine priority and programming 4.21 of trunk highway construction projects. 4.22 Sec. 4. [161.169] [PUBLIC PARTICIPATION.] 4.23 Subdivision 1. [CONSULTATION AND COORDINATION.] As part of 4.24 the project development process, the department shall engage in 4.25 early consultation and coordination with federal, state, and 4.26 local agencies and with the general public in order to learn 4.27 about their needs, exchange information, and facilitate 4.28 communication. The consultation and coordination may take many 4.29 forms and may be tailored to the size and impact of the 4.30 projects. To the greatest extent possible, the department shall 4.31 coordinate the municipal approval process with state and federal 4.32 environmental review processes. The department shall conduct 4.33 system planning, corridor planning, preliminary design, and 4.34 environmental study processes in a way that complements and 4.35 assists the process of obtaining municipal approval. 4.36 Subd. 2. [PUBLIC HEARING.] A public hearing will be held 5.1 or an opportunity for a public hearing provided on any 5.2 construction project: 5.3 (1) requiring the acquisition of more than minor amounts of 5.4 right-of-way; 5.5 (2) substantially changing the layout or function of the 5.6 facility being improved; 5.7 (3) that has a substantial, adverse impact on abutting real 5.8 properties; 5.9 (4) that has important social, economic, transportation, or 5.10 environmental effects; 5.11 (5) that may involve substantial public controversy; 5.12 (6) when another federal or state agency with jurisdiction 5.13 requests a hearing; or 5.14 (7) when the department determines it should hold a hearing. 5.15 Subd. 3. [APPLICATION.] This section applies to sections 5.16 161.17 to 161.177. 5.17 Sec. 5. Minnesota Statutes 1996, section 161.17, is 5.18 amended to read: 5.19 161.17 [INTERSTATE HIGHWAY SYSTEM; APPROVAL OF PLANSSYSTEM 5.20 OF PRINCIPAL ARTERIAL ROUTES.] 5.21 Subd. 2. [INTERSTATE SYSTEMLEGISLATIVE DECLARATION.]It5.22is hereby declared(a) The legislature declares that 5.23 construction of theinterstatesystem ofhighwaysprincipal 5.24 arterial routes will vitally affect the future development 5.25 ofthe citiesmunicipalities through which these routes pass and 5.26suchmunicipalities should have an important role in the 5.27 development of this highway system; that on the other hand the 5.28 future planning and programming ofconstructionthese projects 5.29 over a period of years is necessary to take maximum advantage of 5.30 federal aid and to build a unified and coordinatedinterstate5.31 system of principal arterial routes; that excessive delay in 5.32 local approval of plans for construction of one segment may 5.33 seriously impede completion of the entire system and adversely 5.34 affect other municipalities along theinterstatesystem of 5.35 principal arterial routes; that the mutual exchange of 5.36 information and close cooperation between the department and 6.1 local governing bodies should be encouraged by improved 6.2 administrative processes for securing orderly review 6.3 of preliminary plans and the resolution of differences 6.4 overinterstatethe system of principal arterial routes and 6.5 projects; and that the provisions of sections161.171161.172 to 6.6 161.177 for local approval of trunk highway preliminary plans 6.7must be modified forare not applicable to theinterstate6.8highwaysystem of principal arterial routes in the light of 6.9 these various considerations. 6.10 Subd. 3. [SUBMISSION OF PLANS.] (a) Before proceeding with 6.11 the preparation of thefinalplans for the construction,6.12reconstruction, or improvementof any route on theinterstate6.13 system of principal arterial routes lying within anycity6.14 municipality, the commissioner shall submit to its governing 6.15 body preliminary plans covering the route location and design. 6.16 The preliminary plans shall be submitted as part of a report 6.17 containingsuchsupporting data that the commissioner deems 6.18 helpful to the governing body in appraising the preliminary 6.19 plans submitted. 6.20 (b) Any public hearing on location and design or on design 6.21 alone ofan interstatea route on the system of principal 6.22 arterial routes held in compliance with federal requirements 6.23 shall be held at least one month after submission to the 6.24 governing body of the report provided for inthissubdivision 3. 6.25 Subd. 4. [GOVERNING BODY ACTION.]After the public hearing6.26and on preparing final plans, the commissioner shall submit the6.27final plans to the governing body for approval. IfWithin 90 6.28 days from the date the plans were submitted to it and after the 6.29 public hearing, if a hearing was required, the governing body 6.30does not approveshall approve or disapprove, in writing, the 6.31finalpreliminary planswithin three months after submitted,. 6.32 (a) If the governing body approves the plans or does not 6.33 disapprove the plans in writing within 90 days, in which case 6.34 the plans are deemed to be approved, then the commissioner may 6.35 prepare substantially similar construction plans and proceed 6.36 with the project. If the construction plans contain significant 7.1 changes from the preliminary plans approved by the governing 7.2 body, the commissioner shall resubmit the portion of the 7.3 construction plans where changes were made to the governing body 7.4 for approval or disapproval under this section. 7.5 (b) If the governing body disapproves the preliminary 7.6 plans, the commissioner may decide not to proceed with the 7.7 project or may refer the preliminary plans to the appropriate 7.8 advisory body(1) the Twin Cities Metropolitan Area Planning7.9Commission, if the project is within the area of its7.10jurisdiction, or (2) the municipal advisory committee on7.11state-aid rules established under section 162.09, subdivision 2,7.12if the project is elsewhere in the state. If a member of the7.13advisory committee is from the municipality concerned that7.14member shall be excused. If the plans are so referred. 7.15 Subd. 5. [ADVISORY BODY.] Within 30 days after referral of 7.16 the preliminary plans, thecommission or committeeadvisory body 7.17 shall give the commissioner and the governing body ample 7.18 opportunity to present the case for or against approval of 7.19 the preliminary plansso referred. Not later thanthree months7.20after such hearings and independent study as it deems desirable,7.21it120 days after referral of the plans, the advisory body shall 7.22approve or disapprove suchrecommend approval, recommend 7.23 approval with modifications, or recommend disapproval of the 7.24 preliminary plans, making such additional recommendations 7.25 consistent with state and federal requirements as it deems 7.26 appropriate, and. It shall submit a written report containing 7.27 its findings and recommendations to the commissioner and the 7.28 governing body. 7.29 Subd. 6. [COMMISSIONER ACTION.] On receiving the advisory 7.30 body's recommendations and the written report, the commissioner 7.31 shall proceed as follows: 7.32 (a) If the advisory body recommends approval of the 7.33 preliminary plans, or does not recommend disapproval of the 7.34 plans, or does not submit the written report within the time 7.35 allowed, in which case the plans are deemed approved, then the 7.36 commissionershall not proceed with the proposed construction,8.1reconstruction, or improvement except in accordance with plans8.2approved by the governing body or, if referred to the commission8.3or committee, until after the commission or committee has made8.4its report, and then only after the governing body has had an8.5additional 90 days within which to consider the plans originally8.6submitted or such modified plans as may be submitted to it by8.7the commissioner following the report of the commission or8.8committee.may prepare substantially similar construction plans 8.9 and proceed with the project. If the construction plans contain 8.10 significant changes from the preliminary plans approved by the 8.11 advisory body, the commissioner shall resubmit the portion of 8.12 the construction plan where changes were made to the governing 8.13 body for its approval or disapproval under paragraph (b) and, if 8.14 the governing body disapproves the resubmitted plans, then refer 8.15 the modified plans to the advisory body under subdivision 5. 8.16 (b) If withinsuch 90-daythe 120-day period,the8.17governing body does not approve the plans submitted to it, and8.18if the commissioner then wishes to proceed with the project8.19according to plans differing substantially from the plans8.20recommended by the commission or committee in its report, the8.21commissioner shall, before proceeding with the project, file a8.22written report with the commission or committee and the8.23governing body stating fully the reasons for doing so. Whenever8.24plans are referred to the Twin Cities Metropolitan Area Planning8.25Commission, the commission shall be reimbursed from the trunk8.26highway fund for actual and necessary expenses incurred by the8.27commission in staff work incident to consideration of plans and8.28action thereon by the commission. Whenever plans are referred8.29to the advisory committee on rules, members of the committee8.30shall be paid their necessary expenses to the same extent and in8.31the same manner as for its duties in considering the8.32commissioner's rules.the advisory body recommends approval of 8.33 the preliminary plans with modifications, the commissioner may 8.34 either: 8.35 (1) prepare construction plans with the recommended 8.36 modifications, notify the governing body, and proceed with the 9.1 project; 9.2 (2) decide not to proceed with the project; or 9.3 (3) prepare construction plans substantially similar to the 9.4 preliminary plans referred to the advisory body, notify the 9.5 governing body and advisory body, and proceed with the project. 9.6 The commissioner shall, before proceeding with the project, file 9.7 a written report with the governing body and advisory body 9.8 stating fully the reasons for doing so. 9.9 (c) If within the 120-day period, the advisory body 9.10 recommends disapproval of the preliminary plans, the 9.11 commissioner may either: 9.12 (1) decide not to proceed with the project; or 9.13 (2) prepare construction plans substantially similar to the 9.14 preliminary plans referred to the advisory body, notify the 9.15 governing body and advisory body, and proceed with project 9.16 construction. The commissioner shall, before proceeding with 9.17 the project, file a written report with the governing body and 9.18 advisory body stating fully the reasons for doing so. 9.19 (d) For informational purposes, the commissioner shall send 9.20 as complete a set of construction plans as is possible to any 9.21 directly affected municipality at least 45 days before bid 9.22 letting. 9.23 Sec. 6. Minnesota Statutes 1996, section 161.172, is 9.24 amended to read: 9.25 161.172 [MUNICIPALITIES TO CONSENTSYSTEM OF NONPRINCIPAL 9.26 ROUTES; MUNICIPAL REVIEW.] 9.27 Except for routeson the interstate system, nogoverned 9.28 under section 161.17, a state trunk highwayor any part thereof,9.29 located within the corporate limits ofanya municipality, shall9.30 may be constructedor improved in the manner specified in this9.31section withoutonly with the consent of the governing body 9.32 ofsuchthe municipality, unless the procedures prescribed by 9.33 sections 161.172 to 161.177shallhave been followed by the 9.34 commissioner of transportation. 9.35The highway improvements requiring consent are limited to9.36those improvements which alter access, increase or reduce10.1highway traffic capacity or require acquisition of permanent10.2rights-of-way.10.3This section shall not limit the power of the commissioner10.4to regulate traffic or install traffic control devices or other10.5safety measures on trunk highways located within municipalities.10.6Nothing contained in this section shall be construed as in10.7any way limiting the commissioner's discretion to determine the10.8priority and programming of trunk highway construction.10.9 Sec. 7. Minnesota Statutes 1996, section 161.173, is 10.10 amended to read: 10.11 161.173 [SUBMISSION OFCORRIDOR PROPOSALPRELIMINARY PLANS; 10.12 NOTICE AND HEARING; MUNICIPAL DECISION.] 10.13 Subdivision 1. [REPORT SUBMITTED.] (a) Before proceeding 10.14 with plans for the construction of a trunk highway, the 10.15 commissioner shall submit a report containing the preliminary 10.16 plans and supporting data to the governing body of each 10.17 municipality whereina trunkthe highway isproposed toor will 10.18 beconstructed or improved, and to the governing body of each10.19municipality adjacent to any such municipality, alocated. The 10.20 reportcontainingshall contain: 10.21 (1) a statement of the need for this proposed construction 10.22or improvement,; 10.23 (2) a description ofalternatealternative routeswhich10.24were, if any, considered by the commissioner and an explanation 10.25 of the advantages and disadvantages in the selection of any 10.26 route considered. The report shall also contain; 10.27for each alternate, the following information: general10.28alignment and profile, approximate points of access, highway10.29classification, an approximate cost estimate, relation to10.30existing and planned regional and local development and to other10.31transportation routes and facilities, and a statement of the10.32expected general effect on present and future use of the10.33property within the corridor10.34 (3) the preliminary plan prepared for the highway 10.35 construction; 10.36 (4) a tentative schedule for right-of-way acquisition, if 11.1 known; and 11.2 (5) the estimated cost of the construction. 11.3 (b) Where a state trunk highway is proposed to be 11.4 constructedor improvedwithinthea metropolitan planning area, 11.5aan informational copy of the reportshallmay also be 11.6 submitted to themetropolitan councilappropriate metropolitan 11.7 planning organization (MPO). 11.8In all areas of the state a copy of the report shall be11.9sent to established regional, county and municipal planning11.10commissions in the area affected by the highway project.11.11 Subd. 2. [NOTICE.] Not less than 45 nor more than 90 days, 11.12 or as otherwise mutually agreed, after the commissioner submits 11.13 the reporthas been submittedto the governing body, if required 11.14 by section 161.168, subdivision 2, the commissioner shall hold a 11.15 public hearing on the proposed highway constructionor11.16improvementatsucha time and place within any municipality 11.17 wherein a portion of the proposed constructionor improvementis 11.18 located, as the commissioner shall determine. Not less than 30 11.19 days before the hearing the commissioner shall mail notice 11.20 thereof to the governing body of each municipalityor agency11.21entitled to receive a copy of the report, and. The commissioner 11.22 shallcause notice of the hearing to be published at least once11.23each week for two successive weekspublish notice of the hearing 11.24 at least 30 days before the hearing date and shall publish a 11.25 second notice at least five days before the hearing date in a 11.26 newspaperor newspapershaving general circulation insuchthe 11.27 affected municipalities, the second publication to be not less11.28than five days before the date of the hearing. The notice shall 11.29 state the date, time, place and purpose of the hearing, shall 11.30 describe the proposed or actual general location of the highway 11.31 to be constructedor improved, and shall state where the report 11.32 may be inspected prior to the hearing by any interested person. 11.33 Subd. 3. [HEARING.] The hearing shall be conducted by the 11.34 commissioner or the commissioner's designee, and shall be 11.35 transcribed and a record thereof mailed to each municipalityor11.36agency entitled to receive a copy of the report. All interested 12.1 persons shall be permitted to present their views on the 12.2 proposed highway constructionor improvement. The hearing may 12.3 be continued as often as necessary, as determined by the 12.4 commissioner or commissioner's designee. 12.5 Subd. 4. [APPROVAL OR DISAPPROVAL.] Within 120 days after 12.6 thehearing is completedcommissioner submits the preliminary 12.7 plan and supporting data to each affected municipality, the 12.8 governing body of each municipalityor agencyentitled to 12.9 receive a copy of the report shall submit in writing to the 12.10 commissioner its approval, its approval with modifications, or 12.11 its disapproval of the report, and shall state the reasons for 12.12 each.If all or any part of the report is disapproved, the12.13municipality or agency shall state the reasons for such12.14disapproval and suggested changes in the report.If an affected 12.15 municipality does not respond in writing within 120 days after 12.16 the report was submitted to it, the report is deemed to be 12.17 approved by that municipality. On receiving a municipality's 12.18 determination, the commissioner shall, before preparing12.19additional plans for the proposed highway construction or12.20improvement, submit to the governing body of each municipality12.21or agency disapproving the report, a statement accepting or12.22rejecting any suggested changes and the reasons for acceptance12.23or rejectionrespond as provided in section 161.174. 12.24 Sec. 8. Minnesota Statutes 1996, section 161.174, is 12.25 amended to read: 12.26 161.174 [SUBMISSION OF LAYOUT PLANSCOMMISSIONER'S 12.27 DETERMINATION.] 12.28The commissioner shall submit to the governing body of each12.29municipality wherein a highway is proposed to be constructed or12.30improved, a proposed layout plan for the highway construction or12.31improvement containing: the proposed location, elevation, width12.32and geometrics of the construction or improvement, together with12.33a statement of the reasons therefor. Said plan shall also12.34contain: approximate right-of-way limits; a tentative schedule12.35for right-of-way acquisition, if known; proposed access points;12.36frontage roads; separation structures and interchanges; location13.1of utilities, when known; landscaping, illumination, a tentative13.2construction schedule, if known; and the estimated cost of the13.3construction or improvement. The commissioner shall submit more13.4than one layout plan. Each such plan shall also be submitted to13.5the metropolitan council if any portion of the proposed highway13.6construction or improvement is located in the metropolitan13.7area. In all areas of the state a copy of the layout plan shall13.8be sent to established regional, county and municipal planning13.9commissions in the area affected by the highway project. Not13.10less than 90 nor more than 120 days after said plan has been13.11submitted, the commissioner shall hold a public hearing on the13.12proposed highway construction or improvement at such time and13.13place within any municipality wherein a portion of the13.14construction or improvement is located, as the commissioner13.15shall determine. The hearing shall be noticed, held and13.16conducted in the manner provided in section 161.173, except that13.17the commissioner shall mail notice of the hearing only to those13.18municipalities and agencies entitled to receive a copy of the13.19layout plan. The hearing shall be transcribed and a record13.20thereof made available to each municipality or agency entitled13.21to receive a copy of said plan. Within 180 days after the13.22hearing is completed, the commissioner shall formally adopt a13.23layout plan. A copy of the layout plan as adopted shall be13.24submitted to each municipality or agency entitled to receive a13.25copy of the proposed plan, together with the reasons for any13.26change in the plan as presented at the hearing. Within 120 days13.27after the receipt of the adopted layout plan, each such13.28municipality or agency shall submit to the commissioner its13.29approval or disapproval of the layout plan and the reasons for13.30such disapproval, and proposed alternatives, which may include a13.31recommendation of no highway. Such alternatives submitted by a13.32municipality located within the metropolitan area shall, upon13.33request of the municipality, be reviewed by the metropolitan13.34council in order to determine whether such alternatives are13.35likely to meet minimum federal requirements. The metropolitan13.36council is authorized to provide whatever assistance it deems14.1advisable to the submitting municipality in order to assist it14.2in arriving at an alternative which meets minimum federal14.3requirements.14.4 Subdivision 1. [WHEN MUNICIPALITY APPROVES PLAN.] Ifsaid14.5 the preliminary planor any part thereofisnot disapproved14.6within such periodapproved, the commissioner mayproceed to14.7 preparefinalsubstantially similar construction plansand14.8specificationsfor the highway constructionor improvement14.9consistent with the adopted layout plan, and may acquire the14.10necessary right-of-wayin that municipality. 14.11 Subd. 2. [WHEN MUNICIPALITY DISAPPROVES PLAN.] If 14.12 thelayoutpreliminary planor any part thereofis disapproved 14.13 byanya municipalityor agency, and the commissioner determines14.14to proceed with the plan without modifications, the commissioner 14.15shall proceed in the mannermay: 14.16 (1) decide not to proceed with the project; or 14.17 (2) appeal the municipality's decision as provided in 14.18 section161.175161.176.On determining to proceed with the14.19plan14.20 Subd. 3. [MUNICIPALITY APPROVES PLAN WITH 14.21 MODIFICATIONS.] (a) If the municipality approves the plan with 14.22 modifications, the commissioner may: 14.23 (1) decide not to proceed with the project; 14.24 (2) appeal the governing body's decision as provided in 14.25 section 161.176; or 14.26 (3) prepare a preliminary plan with modifications, the14.27commissioner shallproposed by the governing body and submit the 14.28 modifiedlayoutplan to themunicipalities and agencies entitled14.29to receive the original layout plan in the manner described14.30above, for approval or disapproval by each such municipality or14.31agencymunicipality, which must approve or disapprove the 14.32 modified plan within6030 days after receipt of the 14.33 modifiedlayoutplan. 14.34 (b) If the modifiedlayoutplanor any part thereofisnot14.35disapprovedapproved byanythe municipalityor agency, or 14.36 is not disapproved in writing within6030 days after its 15.1receiptsubmission, in which case the plan is deemed approved by 15.2 that municipality, the commissioner mayproceed toprepare final 15.3 construction plansand specificationsconsistent with the 15.4 modifiedlayoutpreliminary plan, and may acquire the necessary 15.5 right-of-way. 15.6 (c) If the modified plan is disapproved byanythe 15.7 municipality and the commissioner determines to proceed 15.8 with either the original preliminary plan or the modified 15.9 preliminary plan without additional modification, the 15.10 commissioner shall proceed in the manner provided in section 15.11161.175161.176. 15.12If the layout plan is disapproved, either as originally15.13submitted or as modified, and the commissioner does not act15.14pursuant to section 161.175, within one year from the date of15.15the completion of the hearing, any objecting municipality15.16entitled to receive a copy of the layout plan by virtue of this15.17section may invoke the appellate procedure pursuant to section15.18161.175, in the same manner as the same might be invoked by the15.19commissioner. In the event the appellate procedure is invoked15.20by either the commissioner or the municipality, the commissioner15.21shall hold a public hearing prior to the appointment of an15.22appeal board. Such hearing shall be limited to the proposed15.23alternative layout plans.15.24 Subd. 4. [RESUBMISSION OF PLAN CHANGES.] If the 15.25 commissioner prepares a construction plan differing 15.26 substantially from the preliminary plan approved by the appeal 15.27 board, the commissioner shall resubmit those changed portions of 15.28 the construction plan to each affected municipality under 15.29 section 161.173. The municipality must approve or disapprove 15.30 the construction plan changes submitted to it by the 15.31 commissioner within 60 days from the day of submission. If the 15.32 municipality does not respond in writing to the commissioner in 15.33 60 days, the plan is deemed approved. 15.34 Sec. 9. Minnesota Statutes 1996, section 161.176, is 15.35 amended to read: 15.36 161.176 [POWERS OF APPEAL BOARD.] 16.1 Subdivision 1. [DETERMININGAPPEAL BOARD.] If the 16.2 governing body disapproves the preliminary plans, or if the 16.3 governing body approves the plans with modifications 16.4 unacceptable to the commissioner, the commissioner may refer the 16.5 preliminary plans and supporting data to the appropriate appeal 16.6 board. If a member of the advisory committee on state-aid rules 16.7 or if a member of the policy board of the MPO is from the 16.8 municipality concerned, that member shall be excused. 16.9 Subd. 1a. [HEARING.] Within 30 days after the commissioner 16.10 refers the preliminary plans and supporting data to it, the 16.11highwayappeal board shall, on notice to the commissioner and 16.12theeach affectedmunicipalitiesmunicipality, hold an appeal 16.13 hearing onthe entire highway layoutthe preliminary plan as 16.14 proposed or modified by the commissioner, and alternates16.15consistent with minimum federal requirements that are presented16.16by the disapproving municipalities. At the hearing the appeal 16.17 board shall give the commissioner and the governing body ample 16.18 opportunity to present the case for or against approval of a 16.19 preliminary plan or preliminary plan with modifications. The 16.20 board shall take into consideration all aspects of theproposal16.21includingpreliminary plan or modified preliminary plan and 16.22 supporting data. The board may also consider highway design, 16.23 economic development, aesthetics, urban and rural planning, 16.24 agriculture, transportation planning, and all other factors 16.25 concerning highways.After considering all the evidence in the16.26record, the appeal board shall issue an order approving the16.27commissioner's proposed highway layout plan or one of the16.28alternatives. The appeal board shall be limited in its ruling16.29to any previously submitted layout plan of the commissioner or16.30an alternate presented by the community in response to the16.31commissioner. A copy of the order and a memorandum setting16.32forth the reasons therefor shall be filed with the secretary of16.33state, and shall be mailed to the commissioner and each16.34municipality or agency entitled to receive notice of the layout16.35hearing. If the cost is not substantially in excess of the16.36programmed estimates for projects included in the commissioner's17.1current construction program the commissioner shall construct17.2the plan approved by the board in accordance with the original17.3program schedule.17.4 Subd. 2. [INVESTIGATORY POWERSHEARING RECORD.]The chair17.5of the board, or any member thereof, shall have the power to17.6subpoena witnesses; to administer oaths, and to compel the17.7production of books, records, and other evidence. The rules of17.8evidence and procedure for the trial of civil matters shall17.9apply, but such rules may be modified by the board when it is17.10deemed necessary. All evidence, including records and documents17.11in the possession of the board of which it desires to avail17.12itself, shall be offered and made a part of the record in the17.13proceeding, and no other factual information or evidence shall17.14be considered in the determination of the matter. Documentary17.15evidence may be received in the form of copies or excerpts, or17.16by incorporation by reference.The board shall cause a record 17.17 of all proceedings before it to be made and filed with the chair 17.18 of the board. Copies thereof shall be made available upon such 17.19 terms and conditions as the board shall prescribe. 17.20 Subd. 2a. [BOARD ORDER; COMMISSIONER'S RESPONSE.] (a) 17.21 After considering all the evidence in the record and within 120 17.22 days after the preliminary plans or modified preliminary plans 17.23 were submitted to the board, the appeal board shall issue an 17.24 order approving, approving with modifications, or disapproving 17.25 the commissioner's original preliminary plan and any modified 17.26 preliminary plan prepared by the commissioner. A copy of the 17.27 order and a report setting forth the reasons therefor shall be 17.28 mailed to the commissioner and each municipality entitled to 17.29 receive notice of the appeal hearing. If the cost is not 17.30 substantially in excess of the programmed estimates for projects 17.31 included in the commissioner's current construction program and 17.32 is consistent with state and federal design guidelines, the 17.33 commissioner may construct the plan approved by the board. If 17.34 the appeal board does not submit the order and report within 120 17.35 days after the plans were submitted to it, the original and 17.36 modified preliminary plans are deemed to be approved and the 18.1 commissioner shall proceed pursuant to paragraph (b). On 18.2 receiving the appeal board's order and written report within the 18.3 time allowed, the commissioner shall proceed pursuant to 18.4 paragraphs (b) to (d). 18.5 (b) If the appeal board approves a preliminary plan, the 18.6 commissioner may prepare substantially similar construction 18.7 plans and proceed with the project and notify each affected 18.8 governing body. If the commissioner prepares a construction 18.9 plan differing substantially from the preliminary plan approved 18.10 by the appeal board, the commissioner shall resubmit those 18.11 changed portions of the construction plan to each affected 18.12 municipality under section 161.173. The municipality must 18.13 approve or disapprove the construction plan changes submitted to 18.14 it by the commissioner within 60 days from the day of 18.15 submission. If the municipality does not respond in writing to 18.16 the commissioner in 60 days, the plan is deemed approved. 18.17 (c) If the appeal board approves a plan with modifications, 18.18 the commissioner may: 18.19 (1) prepare construction plans including the modifications, 18.20 notify the governing body, and resubmit the modified plan with 18.21 supporting data to the appeal board for approval and, if 18.22 approved, proceed with the project; 18.23 (2) decide not to proceed with the project; or 18.24 (3) prepare a new preliminary plan and resubmit the plan to 18.25 each affected municipality under section 161.173. 18.26 (d) If the appeal board disapproves the original 18.27 preliminary plan and each modified preliminary plan, the 18.28 commissioner may: 18.29 (1) decide not to proceed with the project; or 18.30 (2) prepare a new preliminary plan and resubmit the plan to 18.31 each affected municipality under section 161.173. 18.32 Subd. 3. [COMPENSATION; REIMBURSEMENT OF EXPENSES.] 18.33 Members of thehighwayappeal board shall receive per diem 18.34 compensation in the amount of $100 for the time spent in 18.35 disposing of matters presented to the board. Board members 18.36 shall be reimbursed for all reasonable expenses incurred by them 19.1 in the performance of their duties including all costs incurred 19.2 in connection with any hearing. 19.3Subd. 4. [EXPENSES OF PARTIES.] Each party to the appeal19.4shall submit to the appeal board an itemized list of the19.5expenses incurred in preparing its layout plan and presenting19.6the appeal. The appeal board may determine what portion, if19.7any, of a municipality's expenses incurred for the services and19.8disbursements of persons not regularly employed by the19.9municipality will be reimbursed from the trunk highway fund.19.10 Sec. 10. Minnesota Statutes 1996, section 161.177, is 19.11 amended to read: 19.12 161.177 [CONSTRUCTION PLANSAND SPECIFICATIONS.] 19.13 Subdivision 1. [PLANS RESUBMITTED.] Not less than12060 19.14 days before the date specified by the commissioner for the 19.15 receipt of construction bids for the constructionor improvement19.16 of any state trunk highway within any municipality, the 19.17 commissioner shall submit to the governing body of each 19.18 municipalityor agency entitled to receive a copy of the layout19.19plan therefor under section 161.174,a copy of as complete a set 19.20 of construction plans as is possiblewhichthat will be issued 19.21 to prospective bidders.All suchThose plansshallmust be in 19.22 accordance with thehighway construction or improvement19.23layoutpreliminary planasapproved under section 161.174,or 19.24section161.176. 19.25 Subd. 2. [PLANS WITH SUBSTANTIAL CHANGES.] If the 19.26 construction plans are not inaccordanceagreement with the 19.27layoutplan as approved, the governing body of any 19.28 municipalityor agency entitled to receive notice of the hearing19.29under section 161.174where substantial changes have been made 19.30 from the preliminary plan to the construction plan, may, 19.31 within6030 days after the receipt ofsuchthe 19.32 constructionplans, mayplan, disapprove the plan in writing to 19.33 the commissioner or requestthe establishment of a highway19.34appeal board as provided in section 161.175, andthat the 19.35highwayappropriate appeal boardshall approvereview the plans 19.36 following the procedures outlined inthatsection, except that20.1action and comment161.176. 20.2 Subd. 3. [LIMITED APPEAL BOARD REVIEW.] The appeal board 20.3 review is limited to changes from or additions to thelayout20.4 preliminary plan that alter access, increase or reduce highway 20.5 traffic capacity, or require acquisition of permanent 20.6 rights-of-way. Changes in design capacity required to 20.7 accommodate increased traffic forecastsshallare notbe20.8considereddeviations from thelayoutpreliminary plan.A copy20.9of any plans prepared to affect any highway construction or20.10improvement plan previously approved by the highway appeal20.11board, shall also be sent to the chair of the board.20.12 Subd. 4. [SUBSEQUENT CONSTRUCTION PLANS; REVIEW.] If the 20.13 construction plans are not inaccordancesubstantial agreement 20.14 with thelayoutpreliminary plan approved by the board under 20.15 section 161.176, the board, within6030 days after the receipt 20.16 ofsuchthe plans, shall issue its order directing the 20.17 commissioner towithhold any advertisement for construction bids20.18 withdraw the plans from the bid letting until the plans are 20.19 revised to comply with theplan approvedorder issued by the 20.20 board, orare approved bythe board may issue an order approving 20.21 the plans, approving the plans with modifications, or 20.22 disapproving the construction plans. Ifno municipality or20.23agency requeststheestablishment of a highway appeal board, or20.24 thehighwayappeal board does not issue its order within 30 days 20.25 of receiving a request for review from a municipality,as20.26provided above,the commissioner mayproceed to advertise for20.27construction bidsaward the project for construction. 20.28 Sec. 11. Minnesota Statutes 1996, section 174.03, 20.29 subdivision 1a, is amended to read: 20.30 Subd. 1a. [REVISION OF STATE TRANSPORTATION PLAN.] The 20.31 commissioner shall revise the state transportation plan by 20.32 January 1, 1996, and by January 1 ofeach odd-numberedevery 20.33 fourth year thereafter. Before final adoption of a revised 20.34 plan, the commissioner shallhold a hearing toreceive public 20.35 comment on the plan. The revised state transportation plan must: 20.36 (1) incorporate the goals of the state transportation 21.1 system in section 174.01; and 21.2 (2) establish objectives, policies, and strategies for 21.3 achieving those goals. 21.4 Sec. 12. Minnesota Statutes 1996, section 174.03, 21.5 subdivision 2, is amended to read: 21.6 Subd. 2. [IMPLEMENTATION OF PLAN.] After the adoption and 21.7 each revision of the statewide transportation plan, the 21.8 commissionerand the transportation regulation boardshall take 21.9 no action inconsistent with the revised plan. 21.10 Sec. 13. Laws 1995, chapter 265, article 2, section 2, 21.11 subdivision 7, is amended to read: 21.12 Subd. 7. State Road Construction 516,960,000 515,986,000 21.13 The amounts that may be spent from this 21.14 appropriation for each activity are as 21.15 follows: 21.16 (a) State Road Construction 21.17 376,463,000 377,763,000 21.18 It is estimated that the appropriation 21.19 from the trunk highway fund will be 21.20 funded as follows: 21.21 Federal Highway Aid 21.22 205,000,000 205,000,000 21.23 Highway User Taxes 21.24 171,463,000 172,763,000 21.25 The commissioner of transportation 21.26 shall notify the chair of the committee 21.27 on finance of the senate and chair of 21.28 the committee on ways and means of the 21.29 house of representatives quarterly of 21.30 any events that should cause these 21.31 estimates to change. 21.32 This appropriation is for the actual 21.33 construction, reconstruction, and 21.34 improvement of trunk highways. This 21.35 includes the cost of actual payment to 21.36 landowners for lands acquired for 21.37 highway right-of-way, payment to 21.38 lessees, interest subsidies, and 21.39 relocation expenses. 21.40 The commissioner of transportation may 21.41 receive monies covering other shares of 21.42 the cost of partnership projects. 21.43 These receipts are appropriated to the 21.44 commissioner for these projects. 21.45 Before proceeding with a project, or a 21.46 series of projects on a single highway, 21.47 with a cost exceeding $10,000,000, the 21.48 commissioner shall consider the 22.1 feasibility of alternative means of 22.2 financing the project or series of 22.3 projects, including but not limited to 22.4 congestion pricing, tolls, mileage 22.5 pricing, and public-private partnership. 22.6 (b) Highway Debt Service 22.7 21,728,000 19,602,000 22.8 $11,948,000 the first year and 22.9 $7,641,000 the second year are for 22.10 transfer to the state bond fund. 22.11 If this appropriation is insufficient 22.12 to make all transfers required in the 22.13 year for which it is made, the 22.14 commissioner of finance shall notify 22.15 the committee on finance of the senate 22.16 and the committee on ways and means of 22.17 the house of representatives of the 22.18 amount of the deficiency and shall then 22.19 transfer that amount under the 22.20 statutory open appropriation. 22.21 Any excess appropriation must be 22.22 canceled to the trunk highway fund. 22.23 (c) Research and Investment Management 22.24 10,388,000 10,390,000 22.25 $444,000 the first year and $444,000 22.26 the second year are available for 22.27 grants for transportation studies 22.28 outside the metropolitan area for 22.29 transportation studies to identify 22.30 critical concerns, problems, and 22.31 issues. These grants are available to 22.32 (1) regional development commissions, 22.33 and (2) in regions where no regional 22.34 development commission is functioning, 22.35 joint-powers boards established under 22.36 agreement of two or more political 22.37 subdivisions in the region to exercise 22.38 the planning functions of a regional 22.39 development commission, and (3) in 22.40 regions where no regional development 22.41 commission or joint powers board is 22.42 functioning, the department's district 22.43 office for that region. 22.44 $180,000 the first year and $180,000 22.45 the second year are available for 22.46 grants to metropolitan planning 22.47 organizations outside the seven-county 22.48 metropolitan area. 22.49 $75,000 the first year and $75,000 the 22.50 second year are for a transportation 22.51 research contingent account to finance 22.52 research projects that are reimbursable 22.53 from the federal government or from 22.54 other sources. If the appropriation 22.55 for either year is insufficient, the 22.56 appropriation for the other year is 22.57 available for it. 22.58 (d) Design Engineering 22.59 52,981,000 52,981,000 23.1 Of these appropriations, $2,190,000 the 23.2 first year and $2,190,000 the second 23.3 year are for scientific equipment. If 23.4 the appropriation for either year is 23.5 insufficient, the appropriation for the 23.6 other year is available for it. 23.7 The commissioner, in cooperation with 23.8 the tribal council, shall determine 23.9 those portions of trunk highway 61 23.10 right-of-way lying within the 23.11 boundaries of the Grand Portage Indian 23.12 Reservation that are no longer needed 23.13 for trunk highway purposes. This 23.14 determination shall be made according 23.15 to criteria developed by the 23.16 commissioner in consultation with the 23.17 tribal council. Following the 23.18 completion of this project the 23.19 commissioner may, pursuant to Minnesota 23.20 Statutes, section 161.43, relinquish 23.21 and quit claim to the Grand Portage 23.22 Band where it is the fee owner, or to 23.23 the United States where it holds the 23.24 fee in trust for the Grand Portage 23.25 Band, any easement or portion of an 23.26 easement that has been determined to be 23.27 no longer needed by the transportation 23.28 department for trunk highway purposes. 23.29 For the purposes of section 161.43, the 23.30 tribal council shall be treated in the 23.31 same manner as if it were a political 23.32 subdivision of the state, provided that 23.33 the matching funds contributed by the 23.34 tribal council to the surveying and 23.35 mapping project described above shall 23.36 be considered full compensation for the 23.37 relinquishment and quit claim of any 23.38 easements or portions of any easements 23.39 over tribal or tribal trust lands. 23.40 (e) Construction Engineering 23.41 55,400,000 55,250,000 23.42 Sec. 14. [INSTRUCTION TO REVISOR.] 23.43 The revisor of statutes shall delete "161.171" and insert 23.44 "161.172" in Minnesota Statutes, section 160.85, subdivision 3, 23.45 and shall delete "161.171 et seq" and insert "161.172 to 23.46 161.177" in Minnesota Statutes, section 473.181, subdivision 1. 23.47 Sec. 15. [REPEALER.] 23.48 Minnesota Statutes 1996, sections 161.171; and 161.175, are 23.49 repealed. 23.50 Sec. 16. [EFFECTIVE DATE.] 23.51 Section 13 is effective the day following final enactment.