HF 429

1st Engrossment - 82nd Legislature (2001 - 2002) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to telecommunications; authorizing state 
  1.3             agencies to allow commercial wireless equipment to be 
  1.4             placed on state-owned lands, buildings, and other 
  1.5             structures; appropriating money; amending Minnesota 
  1.6             Statutes 2000, section 174.70, subdivisions 2, 3; Laws 
  1.7             1999, chapter 238, article 1, section 2, subdivision 
  1.8             7; proposing coding for new law in Minnesota Statutes, 
  1.9             chapter 16B.  
  1.10  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.11     Section 1.  [16B.261] [WIRELESS EQUIPMENT ON STATE-OWNED 
  1.12  PROPERTY.] 
  1.13     (a) The commissioner may by agreement allow commercial 
  1.14  wireless service providers and other tower owners to install 
  1.15  privately owned equipment on any towers on state-owned lands, 
  1.16  buildings, and other structures, when it is practical and 
  1.17  feasible to do so.  
  1.18     (b) The commissioner shall charge a site use fee for the 
  1.19  value of the property or structure made available.  In lieu of a 
  1.20  site use fee, the commissioner may make agreements with 
  1.21  commercial wireless service providers to place state equipment 
  1.22  on privately owned towers and may accept (1) improvements to 
  1.23  state-owned public communications system facilities or real or 
  1.24  personal property, or (2) services provided by a commercial 
  1.25  wireless service provider.  At such time when the state 
  1.26  determines that space is available, and no less than annually, 
  1.27  the commissioner shall publish a list of state-owned tower sites 
  2.1   that are available to commercial wireless service providers and 
  2.2   other tower owners for installation of their equipment.  The 
  2.3   commissioner shall select a provider based on competitive bids 
  2.4   or proposals.  The commissioner shall ensure that notice to 
  2.5   submit a bid or proposal is provided to interested parties by 
  2.6   publishing notice of the opportunity in the State Register at 
  2.7   least 15 calendar days before bids or proposals are due.  In 
  2.8   cases of agreements in lieu of site use fees, the commissioner 
  2.9   shall select the proposal based upon the best interests of the 
  2.10  state, considering the value to the state of the alternative 
  2.11  compensation package offered and the equitable distribution of 
  2.12  available state property to providers and other tower owners. 
  2.13     (c) Fees collected under paragraph (b) are appropriated and 
  2.14  allocated to the commissioner of administration for technology 
  2.15  investments. 
  2.16     (d) This section does not apply to state property that is 
  2.17  (1) trunk highway right-of-way, (2) state land, buildings, or 
  2.18  structures under the jurisdiction of the commissioner of 
  2.19  transportation, or (3) property administered by the commissioner 
  2.20  of natural resources. 
  2.21     (e) The commissioner of administration and the commissioner 
  2.22  of natural resources shall enter into agreements to designate a 
  2.23  portion of lease fees for wireless communications equipment on 
  2.24  state property for technology investments.  When agreements are 
  2.25  executed, no less than 20 percent of the lease fees must be 
  2.26  transferred and annually appropriated to the commissioner of 
  2.27  administration for technology investments. 
  2.28     Sec. 2.  [STATE PROPERTY UNDER JURISDICTION OF COMMISSIONER 
  2.29  OF TRANSPORTATION.] 
  2.30     Sections 2 to 5 apply to state property that is trunk 
  2.31  highway right-of-way and to state land, buildings, or structures 
  2.32  under the jurisdiction of the commissioner of transportation. 
  2.33     Sec. 3.  Minnesota Statutes 2000, section 174.70, 
  2.34  subdivision 2, is amended to read: 
  2.35     Subd. 2.  [IMPLEMENTATION.] In order to facilitate 
  2.36  construction and maintenance of the initial backbone of the 
  3.1   state's communications system described in subdivision 1 systems 
  3.2   and to reduce the proliferation of communications towers, the 
  3.3   commissioner shall may, by purchase, lease, gift, exchange, or 
  3.4   other means, obtain sites for the erection of towers and the 
  3.5   location of equipment and shall may construct buildings and 
  3.6   structures needed for developing the system state's 
  3.7   communications systems.  The commissioner may negotiate with 
  3.8   commercial wireless service providers and other tower owners to 
  3.9   obtain sites, towers, and equipment.  Notwithstanding sections 
  3.10  161.433, 161.434, 161.45, and 161.46, the commissioner may by 
  3.11  agreement lease, allow, or permit commercial wireless service 
  3.12  providers or other tower owners to install privately owned 
  3.13  equipment on state-owned lands, buildings, and other structures 
  3.14  under the jurisdiction of the commissioner when it is practical 
  3.15  and feasible to do so.  The commissioner shall annually publish 
  3.16  a list of state-owned towers that are available to commercial 
  3.17  wireless service providers and other tower owners for 
  3.18  installation of their equipment.  The commissioner shall charge 
  3.19  a site use fee for the value of the real property or structure 
  3.20  made available.  In lieu of a site use fee, the commissioner may 
  3.21  make agreements with commercial wireless service providers or 
  3.22  other tower owners to place state equipment on privately owned 
  3.23  towers and may accept (1) improvements to state-owned public 
  3.24  safety the state's communications systems facilities or real or 
  3.25  personal property, or (2) services provided by a commercial 
  3.26  wireless service provider or other tower owner.  
  3.27     [EFFECTIVE DATE.] This section is effective the day 
  3.28  following final enactment. 
  3.29     Sec. 4.  Minnesota Statutes 2000, section 174.70, 
  3.30  subdivision 3, is amended to read: 
  3.31     Subd. 3.  [DEPOSIT OF FEES; APPROPRIATION.] Fees collected 
  3.32  under subdivision 2 must be deposited in the trunk 
  3.33  highway department of transportation electronic communication 
  3.34  account in the special revenue fund.  The fees so collected are 
  3.35  appropriated to the commissioner of transportation to pay for 
  3.36  the commissioner's share and state patrol's share of the costs 
  4.1   of constructing developing and maintaining the communication 
  4.2   system sites communications systems that serve state agencies, 
  4.3   except that 20 percent of the fees each year must be transferred 
  4.4   and appropriated to the commissioner of administration for 
  4.5   technology investments. 
  4.6      Sec. 5.  Laws 1999, chapter 238, article 1, section 2, 
  4.7   subdivision 7, is amended to read: 
  4.8   Subd. 7.  State Roads                912,625,000    923,769,000
  4.9                 Summary by Fund
  4.10  General                 59,000          9,000
  4.11  Trunk Highway      912,566,000    923,760,000
  4.12  The amounts that may be spent from this 
  4.13  appropriation for each activity are as 
  4.14  follows:  
  4.15  (a) State Road Construction 
  4.16     516,684,000    521,707,000
  4.17  It is estimated that these 
  4.18  appropriations will be funded as 
  4.19  follows:  
  4.20  Federal Highway Aid 
  4.21     275,000,000    275,000,000
  4.22  Highway User Taxes 
  4.23     241,684,000    246,707,000
  4.24  The commissioner of transportation 
  4.25  shall notify the chair of the 
  4.26  transportation budget division of the 
  4.27  senate and chair of the transportation 
  4.28  finance committee of the house of 
  4.29  representatives quarterly of any events 
  4.30  that should cause these estimates to 
  4.31  change. 
  4.32  This appropriation is for the actual 
  4.33  construction, reconstruction, and 
  4.34  improvement of trunk highways.  This 
  4.35  includes the cost of actual payment to 
  4.36  landowners for lands acquired for 
  4.37  highway rights-of-way, payment to 
  4.38  lessees, interest subsidies, and 
  4.39  relocation expenses. 
  4.40  The commissioner may transfer up to 
  4.41  $15,000,000 each year to the trunk 
  4.42  highway revolving loan account. 
  4.43  The commissioner may receive money 
  4.44  covering other shares of the cost of 
  4.45  partnership projects.  These receipts 
  4.46  are appropriated to the commissioner 
  4.47  for these projects. 
  4.48  (b) Highway Debt Service 
  5.1       13,949,000     13,175,000
  5.2   $3,949,000 the first year and 
  5.3   $3,175,000 the second year are for 
  5.4   transfer to the state bond fund. 
  5.5   If this appropriation is insufficient 
  5.6   to make all transfers required in the 
  5.7   year for which it is made, the 
  5.8   commissioner of finance shall notify 
  5.9   the committee on state government 
  5.10  finance of the senate and the committee 
  5.11  on ways and means of the house of 
  5.12  representatives of the amount of the 
  5.13  deficiency and shall then transfer that 
  5.14  amount under the statutory open 
  5.15  appropriation.  
  5.16  Any excess appropriation must be 
  5.17  canceled to the trunk highway fund. 
  5.18  (c) Research and Investment Management 
  5.19      12,450,000     12,597,000
  5.20  $600,000 the first year and $600,000 
  5.21  the second year are available for 
  5.22  grants for transportation studies 
  5.23  outside the metropolitan area to 
  5.24  identify critical concerns, problems, 
  5.25  and issues.  These grants are available 
  5.26  to (1) regional development 
  5.27  commissions, and (2) in regions where 
  5.28  no regional development commission is 
  5.29  functioning, joint powers boards 
  5.30  established under agreement of two or 
  5.31  more political subdivisions in the 
  5.32  region to exercise the planning 
  5.33  functions of a regional development 
  5.34  commission, and (3) in regions where no 
  5.35  regional development commission or 
  5.36  joint powers board is functioning, the 
  5.37  department's district office for that 
  5.38  region. 
  5.39  $216,000 the first year and $216,000 
  5.40  the second year are available for 
  5.41  grants to metropolitan planning 
  5.42  organizations outside the seven-county 
  5.43  metropolitan area. 
  5.44  $75,000 the first year and $25,000 the 
  5.45  second year are for transportation 
  5.46  planning relating to the 2000 census.  
  5.47  This appropriation may not be added to 
  5.48  the agency's budget base. 
  5.49  $75,000 the first year and $75,000 the 
  5.50  second year are for a transportation 
  5.51  research contingent account to finance 
  5.52  research projects that are reimbursable 
  5.53  from the federal government or from 
  5.54  other sources.  If the appropriation 
  5.55  for either year is insufficient, the 
  5.56  appropriation for the other year is 
  5.57  available for it. 
  5.58  (d) Central Engineering Services
  5.59      68,563,000     70,940,000
  6.1   (e) Design and Construction Engineering
  6.2       80,592,000     83,246,000
  6.3   $1,000,000 the first year and $500,000 
  6.4   the second year are for transportation 
  6.5   planning relating to the 2000 census.  
  6.6   This appropriation may not be added to 
  6.7   the agency's budget base. 
  6.8   (f) State Road Operations
  6.9      214,703,000    216,561,000
  6.10  $1,000,000 each year are for 
  6.11  enhancements to the freeway operations 
  6.12  program in the metropolitan area. 
  6.13  $1,000,000 the first year and 
  6.14  $1,000,000 the second year are for 
  6.15  maintenance services including rest 
  6.16  area maintenance, vehicle insurance, 
  6.17  ditch assessments, and tort claims. 
  6.18  $3,000,000 the first year and 
  6.19  $1,000,000 the second year are for 
  6.20  improved highway striping. 
  6.21  $500,000 the first year and $500,000 
  6.22  the second year are for safety 
  6.23  technology applications. 
  6.24  $150,000 the first year and $150,000 
  6.25  the second year are for statewide asset 
  6.26  preservation and repair. 
  6.27  $750,000 the first year and $750,000 
  6.28  the second year are for the 
  6.29  implementation of the transportation 
  6.30  worker concept. 
  6.31  The commissioner shall establish a task 
  6.32  force to study seasonal road 
  6.33  restrictions and report to the 
  6.34  legislature its findings and any 
  6.35  recommendations for legislative 
  6.36  action.  The commissioner shall appoint 
  6.37  members representing: 
  6.38  (1) aggregate and ready-mix producers; 
  6.39  (2) solid waste haulers; 
  6.40  (3) liquid waste haulers; 
  6.41  (4) the logging industry; 
  6.42  (5) the construction industry; and 
  6.43  (6) agricultural interests. 
  6.44  The task force shall report to the 
  6.45  legislature by February 1, 2000, on its 
  6.46  findings and recommendations. 
  6.47  (g) Electronic Communications
  6.48       5,684,000      5,543,000
  6.49                Summary by Fund
  7.1   General                  59,000         9,000
  7.2   Trunk Highway         5,625,000     5,534,000
  7.3   $9,000 the first year and $9,000 the 
  7.4   second year are from the general fund 
  7.5   for equipment and operation of the 
  7.6   Roosevelt signal tower for Lake of the 
  7.7   Woods weather broadcasting. 
  7.8   $50,000 the first year from the general 
  7.9   fund is for purchase of equipment for 
  7.10  the 800 MHz public safety radio system. 
  7.11  $200,000 the first year is from the 
  7.12  trunk highway fund for costs resulting 
  7.13  from the termination of agreements made 
  7.14  under article 2, sections 31 and 89, 
  7.15  and Minnesota Statutes, section 174.70, 
  7.16  subdivision 2.  This appropriation does 
  7.17  not cancel but is available until spent.
  7.18  In each year of the biennium the 
  7.19  commissioner shall request the 
  7.20  commissioner of administration to 
  7.21  request bids for the purchase of 
  7.22  digital mobile and portable radios to 
  7.23  be used on the metropolitan regional 
  7.24  public safety radio communications 
  7.25  system. 
  7.26     [EFFECTIVE DATE.] This section is effective the day 
  7.27  following final enactment.