Minnesota Legislature
HF 518
2nd Engrossment - 87th Legislature (2011 - 2012) Posted on 04/18/2012 10:12am
Current Version - 2nd Engrossment
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A bill for an act
relating to transportation; governing rulemaking and permits; amending
rulemaking authority for state-aid program; amending allocation of funds from
certain overdimension motor vehicle permits; requiring a legislative report
on water permitting process for transportation projects; making clarifying
and technical changes; amending Minnesota Statutes 2010, sections 162.02,
subdivisions 2, 3; 162.09, subdivisions 2, 3; 162.155; 169.86, by adding a
subdivision; 169.865, subdivision 4; Minnesota Statutes 2011 Supplement,
section 169.86, subdivision 5.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
Section 1.
Minnesota Statutes 2010, section 162.02, subdivision 2, is amended to read:
Subd. 2.
Rules; advisory committee.
(a) The rules shall be made and promulgated
by the commissioner acting with the advice of a committee selected by the several county
boards acting through the officers of the statewide association of county commissioners.
The committee shall be composed of nine members so selected that each member shall
be from a different state highway construction district. Not more than five of the nine
members of the committee shall be county commissioners. The remaining members shall
be county highway engineers. In the event that agreement cannot be reached on any rule,
the commissioner's determination shall be final. The rules shall be printed and copies
forwarded to the county engineers of the several counties. deleted text begin For the purposes of this section,
the expedited process for adopting rules established in section 14.389 may be used.
deleted text end
(b) Notwithstanding section 15.059, subdivision 5, the committee does not expire.
Sec. 2.
Minnesota Statutes 2010, section 162.02, subdivision 3, is amended to read:
Sec. 3.
Minnesota Statutes 2010, section 162.09, subdivision 2, is amended to read:
Subd. 2.
Rules; advisory committee.
(a) The rules shall be made and promulgated
by the commissioner acting with the advice of a committee selected by the governing
bodies of such cities, acting through the officers of the statewide association of municipal
officials. The committee shall be composed of 12 members, so selected that there shall be
one member from each state highway construction district and in addition one member
from each city of the first class. Not more than six members of the committee shall be
elected officials of the cities. The remaining members of the committee shall be city
engineers. In the event that agreement cannot be reached on any rule the commissioner's
determination shall be final. The rules shall be printed and copies forwarded to the clerks
and engineers of the cities. deleted text begin For the purposes of this section, the expedited process for
adopting rules established in section 14.389 may be used.
deleted text end
(b) Notwithstanding section 15.059, subdivision 5, the committee does not expire.
Sec. 4.
Minnesota Statutes 2010, section 162.09, subdivision 3, is amended to read:
Sec. 5.
Minnesota Statutes 2010, section 162.155, is amended to read:
162.155 deleted text begin RULES FOR VARIANCESdeleted text end new text begin RULEMAKINGnew text end .
new text begin (a) new text end The commissioner shall adopt rulesdeleted text begin , no later than January 1, 1980, in accordance
with sections 15.041 to 15.052,deleted text end setting forth the criteria to be considered by the
commissioner in evaluating requests for variances under sections 162.02, subdivision 3a
and 162.09, subdivision 3a. The rules deleted text begin shalldeleted text end new text begin mustnew text end include, but are not limited to, economic,
engineering and safety guidelines.
new text begin (b)new text end Thenew text begin commissioner shall adopt rules establishing thenew text end engineering standards
deleted text begin adopted pursuant to sectiondeleted text end new text begin for cost estimation under sectionsnew text end 162.07, subdivision 2,
deleted text begin ordeleted text end new text begin andnew text end 162.13, subdivision 2deleted text begin , shall be adopted pursuant to the requirements of chapter
15 by July 1, 1980deleted text end .
new text begin
(c) The rules adopted by the commissioner under this section and sections
162.02; 162.07, subdivision 2; 162.09; and 162.13, subdivision 2, are exempt from the
rulemaking provisions of chapter 14. The rules are subject to section 14.386, except that,
notwithstanding paragraph (b) of that section, the rules continue in effect until repealed or
superseded by other law or rule.
new text end
Sec. 6.
Minnesota Statutes 2011 Supplement, section 169.86, subdivision 5, is
amended to read:
Subd. 5.
Fees; proceeds deposited; appropriation.
The commissioner, with
respect to highways under the commissioner's jurisdiction, may charge a fee for each
permit issued.new text begin Unless otherwise specified,new text end all such fees for permits issued by the
commissioner of transportation shall be deposited in the state treasury and credited to
the trunk highway fund. Except for those annual permits for which the permit fees are
specified elsewhere in this chapter, the fees shall be:
(a) $15 for each single trip permit.
(b) $36 for each job permit. A job permit may be issued for like loads carried on
a specific route for a period not to exceed two months. "Like loads" means loads of the
same product, weight, and dimension.
(c) $60 for an annual permit to be issued for a period not to exceed 12 consecutive
months. Annual permits may be issued for:
(1) motor vehicles used to alleviate a temporary crisis adversely affecting the safety
or well-being of the public;
(2) motor vehicles which travel on interstate highways and carry loads authorized
under subdivision 1a;
(3) motor vehicles operating with gross weights authorized under section 169.826,
subdivision 1a;
(4) special pulpwood vehicles described in section 169.863;
(5) motor vehicles bearing snowplow blades not exceeding ten feet in width;
(6) noncommercial transportation of a boat by the owner or user of the boat;
(7) motor vehicles carrying bales of agricultural products authorized under section
169.862; and
(8) special milk-hauling vehicles authorized under section 169.867.
(d) $120 for an oversize annual permit to be issued for a period not to exceed 12
consecutive months. Annual permits may be issued for:
(1) mobile cranes;
(2) construction equipment, machinery, and supplies;
(3) manufactured homes and manufactured storage buildings;
(4) implements of husbandry;
(5) double-deck buses;
(6) commercial boat hauling and transporting waterfront structures, including, but
not limited to, portable boat docks and boat lifts;
(7) three-vehicle combinations consisting of two empty, newly manufactured trailers
for cargo, horses, or livestock, not to exceed 28-1/2 feet per trailer; provided, however,
the permit allows the vehicles to be moved from a trailer manufacturer to a trailer dealer
only while operating on twin-trailer routes designated under section 169.81, subdivision 3,
paragraph (c); and
(8) vehicles operating on that portion of marked Trunk Highway 36 described in
section 169.81, subdivision 3, paragraph (e).
(e) For vehicles which have axle weights exceeding the weight limitations of
sections 169.823 to 169.829, an additional cost added to the fees listed above. However,
this paragraph applies to any vehicle described in section 168.013, subdivision 3,
paragraph (b), but only when the vehicle exceeds its gross weight allowance set forth in
that paragraph, and then the additional cost is for all weight, including the allowance
weight, in excess of the permitted maximum axle weight. The additional cost is equal
to the product of the distance traveled times the sum of the overweight axle group cost
factors shown in the following chart:
| Overweight Axle Group Cost Factors |
||||||
| Weight (pounds) |
Cost Per Mile For Each Group Of: |
|||||
| exceeding weight limitations on axles |
Two consecutive axles spaced within 8 feet or less |
Three consecutive axles spaced within 9 feet or less |
Four consecutive axles spaced within 14 feet or less |
|||
| 0-2,000 |
.12 |
.05 |
.04 |
|||
| 2,001-4,000 |
.14 |
.06 |
.05 |
|||
| 4,001-6,000 |
.18 |
.07 |
.06 |
|||
| 6,001-8,000 |
.21 |
.09 |
.07 |
|||
| 8,001-10,000 |
.26 |
.10 |
.08 |
|||
| 10,001-12,000 |
.30 |
.12 |
.09 |
|||
| 12,001-14,000 |
Not permitted |
.14 |
.11 |
|||
| 14,001-16,000 |
Not permitted |
.17 |
.12 |
|||
| 16,001-18,000 |
Not permitted |
.19 |
.15 |
|||
| 18,001-20,000 |
Not permitted |
Not permitted |
.16 |
|||
| 20,001-22,000 |
Not permitted |
Not permitted |
.20 |
|||
The amounts added are rounded to the nearest cent for each axle or axle group. The
additional cost does not apply to paragraph (c), clauses (1) and (3).
For a vehicle found to exceed the appropriate maximum permitted weight, a cost-per-mile
fee of 22 cents per ton, or fraction of a ton, over the permitted maximum weight is imposed
in addition to the normal permit fee. Miles must be calculated based on the distance
already traveled in the state plus the distance from the point of detection to a transportation
loading site or unloading site within the state or to the point of exit from the state.
(f) As an alternative to paragraph (e), an annual permit may be issued for overweight,
or oversize and overweight, mobile cranes; construction equipment, machinery, and
supplies; implements of husbandry; and commercial boat hauling. The fees for the permit
are as follows:
| Gross Weight (pounds) of Vehicle |
Annual Permit Fee |
|
| 90,000 |
or less |
$200 |
| 90,001 |
- 100,000 |
$300 |
| 100,001 |
- 110,000 |
$400 |
| 110,001 |
- 120,000 |
$500 |
| 120,001 |
- 130,000 |
$600 |
| 130,001 |
- 140,000 |
$700 |
| 140,001 |
- 145,000 |
$800 |
If the gross weight of the vehicle is more than 145,000 pounds the permit fee is determined
under paragraph (e).
(g) For vehicles which exceed the width limitations set forth in section 169.80 by
more than 72 inches, an additional cost equal to $120 added to the amount in paragraph (a)
when the permit is issued while seasonal load restrictions pursuant to section 169.87 are
in effect.
(h) $85 for an annual permit to be issued for a period not to exceed 12 months, for
refuse-compactor vehicles that carry a gross weight of not more than: 22,000 pounds on
a single rear axle; 38,000 pounds on a tandem rear axle; or, subject to section 169.828,
subdivision 2, 46,000 pounds on a tridem rear axle. A permit issued for up to 46,000
pounds on a tridem rear axle must limit the gross vehicle weight to not more than 62,000
pounds.
(i) $300 for a motor vehicle described in section 169.8261. The fee under this
paragraph must be deposited as follows:
deleted text begin
(1) in fiscal years 2005 through 2010:
deleted text end
deleted text begin (i)deleted text end new text begin (1)new text end the first $50,000 in each fiscal year must be deposited in the trunk highway
fund for costs related to administering the permit program and inspecting and posting
bridges;new text begin and
new text end
deleted text begin (ii)deleted text end new text begin (2)new text end all remaining money in each fiscal year must be deposited in deleted text begin adeleted text end new text begin thenew text end bridge
inspection and signing account deleted text begin in the special revenue fund. Money in the account is
appropriated to the commissioner for:deleted text end new text begin as provided under subdivision 5a.
new text end
deleted text begin
(A) inspection of local bridges and identification of local bridges to be posted,
including contracting with a consultant for some or all of these functions; and
deleted text end
deleted text begin
(B) erection of weight-posting signs on local bridges; and
deleted text end
deleted text begin
(2) in fiscal year 2011 and subsequent years must be deposited in the trunk highway
fund.
deleted text end
(j) Beginning August 1, 2006, $200 for an annual permit for a vehicle operating
under authority of section 169.824, subdivision 2, paragraph (a), clause (2).
Sec. 7.
Minnesota Statutes 2010, section 169.86, is amended by adding a subdivision
to read:
new text begin Subd. 5a. new text end
new text begin Bridge inspection and signing account; appropriation. new text end
new text begin
(a) A bridge
inspection and signing account is established in the special revenue fund. The account
consists of fees for special permits as specified under this chapter, and any other money
donated, allotted, transferred, or otherwise provided to the account.
new text end
new text begin
(b) The revenue in the bridge inspection and signing account under this subdivision
is annually appropriated to the commissioner for:
new text end
new text begin
(1) inspection of local bridges and identification of local bridges to be posted,
including contracting with a consultant for some or all of these functions; and
new text end
new text begin
(2) erection of weight-posting signs on local bridges.
new text end
Sec. 8.
Minnesota Statutes 2010, section 169.865, subdivision 4, is amended to read:
Subd. 4.
Deposit of revenuesdeleted text begin ; appropriationdeleted text end .
deleted text begin (a)deleted text end Revenue from the permits issued
by the commissioner under this section must be depositeddeleted text begin :
deleted text end
deleted text begin (1) in fiscal years 2008 through 2011,deleted text end in the bridge inspection and signing account
deleted text begin in the special revenue fund; anddeleted text end new text begin as provided under section 169.86, subdivision 5a.
new text end
deleted text begin
(2) in fiscal year 2012 and subsequent years, in the trunk highway fund.
deleted text end
deleted text begin
(b) The revenue in the bridge inspection and signing account under this section is
annually appropriated to the commissioner for:
deleted text end
deleted text begin
(1) inspection of local bridges and identification of local bridges to be posted,
including contracting with a consultant for some or all of these functions; and
deleted text end
deleted text begin
(2) erection of weight-posting signs on local bridges.
deleted text end
Sec. 9. new text begin WATER PERMITTING PROCESSES FOR TRANSPORTATION
PROJECTS; REPORT.
new text end
new text begin
By January 15, 2013, the commissioners of transportation, natural resources, and the
Pollution Control Agency, in consultation with local road authorities and the Board of
Water and Soil Resources, shall submit recommendations to the house of representatives
and senate committees and divisions with primary jurisdiction over environment and
natural resources policy and finance and transportation policy and finance on how
water-related permitting for transportation projects can best be streamlined through
creation of a single point of issuance system. The recommendations shall:
new text end
new text begin
(1) outline a single point of issuance system in which road authorities applying
for state water permits would interact with a single state agency serving as the sole
intermediary on behalf of all state agencies with an interest in a road authority's water
permit application;
new text end
new text begin
(2) provide a goal for the maximum number of days necessary to issue final water
permitting decisions;
new text end
new text begin
(3) identify how state entities with current oversight authority over water permitting
decisions would allocate resources to accommodate a single point of issuance system; and
new text end
new text begin
(4) suggest strategies to enhance the coordination of federal and state water
permitting information gathering and decision making.
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. 10. new text begin EFFECTIVE DATE.
new text end
new text begin
Unless another date is specified, this act is effective July 1, 2012.
new text end