Minnesota Legislature
HF 518
as introduced - 87th Legislature (2011 - 2012) Posted on 02/14/2011 11:17am
1.14 1.15 1.16 1.17 1.18 1.19 1.20 1.21
1.22 1.23 1.24 1.25 1.26 2.1 2.2 2.3 2.4 2.5 2.6 2.7 2.8 2.9 2.10 2.11
2.12 2.13 2.14 2.15 2.16 2.17 2.18 2.19 2.20
2.21 2.22 2.23 2.24 2.25 2.26 2.27 2.28 2.29 2.30 2.31 2.32 2.33 2.34 3.1 3.2
3.3 3.4 3.5 3.6 3.7 3.8 3.9 3.10 3.11
3.12 3.13 3.14 3.15 3.16 3.17 3.18 3.19 3.20 3.21 3.22 3.23 3.24 3.25 3.26 3.27 3.28 3.29
3.30 3.31 3.32 3.33 4.1 4.2 4.3 4.4 4.5 4.6 4.7 4.8 4.9 4.10 4.11 4.12 4.13
4.14 4.15 4.16 4.17 4.18 4.19 4.20 4.21 4.22 4.23 4.24 4.25 4.26 4.27
4.28 4.29 4.30 4.31 4.32 4.33 4.34 5.1 5.2 5.3 5.4
5.5
5.6 5.7 5.8 5.9 5.10 5.11 5.12 5.13
A bill for an act
relating to transportation; limiting authority of commissioner of transportation to
adopt rules for county state-aid roads and municipal state-aid streets; abolishing
provision promoting complete streets policies for local road authorities;
amending Minnesota Statutes 2010, sections 162.02, subdivisions 1, 2, 10;
162.021, subdivision 1; 162.07, subdivision 2; 162.09, subdivisions 1, 2; 162.13,
subdivision 2; repealing Minnesota Statutes 2010, sections 162.02, subdivisions
3, 3a, 3b; 162.09, subdivisions 3, 3a; 162.155; 174.75, subdivision 4; Laws
2010, chapter 351, section 72; Minnesota Rules, parts 8820.2500; 8820.2700;
8820.3100, subparts 1, 2, 5, 6, 7a, 8, 9a, 10; 8820.3300; 8820.3400; 8820.4060;
8820.9920; 8820.9922; 8820.9926, subpart 1; 8820.9936; 8820.9946; 8820.9956;
8820.9961; 8820.9981; 8820.9986; 8820.9990; 8820.9995.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
Section 1.
Minnesota Statutes 2010, section 162.02, subdivision 1, is amended to read:
Subdivision 1.
Creation.
There is created a county state-aid highway system which
must be established, located, constructed, reconstructed, improved, and maintained as
public highways by the counties deleted text begin under rules not inconsistent with this section made and
promulgated by the commissioner as provided in this chapterdeleted text end . The counties are vested
with the rights, title, easements, and their appurtenances, held by or vested in any of the
towns or municipal subdivisions or dedicated to the public use prior to the time a road or
portion of a road is taken over by the county as a county state-aid highway.
Sec. 2.
Minnesota Statutes 2010, section 162.02, subdivision 2, is amended to read:
Subd. 2.
Rulesdeleted text begin ; advisory committeedeleted text end .
deleted text begin
(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. For the purposes of this section,
the expedited process for adopting rules established in section 14.389 may be used.
deleted text end
deleted text begin
(b) Notwithstanding section 15.059, subdivision 5, the committee does not expire.
deleted text end
new text begin
The commissioner shall adopt rules for establishment, location, designation, and
financial assistance to the county state-aid highway system. Such rules may not include
engineering or design standards for county state-aid highway construction, reconstruction,
and maintenance.
new text end
Sec. 3.
Minnesota Statutes 2010, section 162.02, subdivision 10, is amended to read:
Subd. 10.
Abandonment or revocation.
County state-aid highways may be
abandoned, changed, or revoked by joint action of the county board and the commissioner.
If a county state-aid highway is established or located within the limits of a city, it shall
not be abandoned, changed, or revoked without the concurrence of the governing body of
such city; provided, that any county state-aid highway established or located within a city
may be abandoned, or revoked without concurrence if the city refuses or neglects for a
period of one year after submittal to approve plans for the construction of such highway
deleted text begin which plans conform to the construction standards provided in the commissioner's rulesdeleted text end .
Sec. 4.
Minnesota Statutes 2010, section 162.021, subdivision 1, is amended to read:
Subdivision 1.
Establishment; rules.
(a) The commissioner shall establish a natural
preservation routes category within the county state-aid highway system.
(b) Natural preservation routes include those routes that possess particular scenic,
environmental, or historical characteristics, such as routes along lakes or through forests,
wetlands, or flood plains, that would be harmed by construction or reconstruction deleted text begin meeting
the engineering standards under section 162.07 or the rules adopted under that sectiondeleted text end .
(c) The commissioner shall adopt rules deleted text begin establishing minimum construction and
reconstruction standardsdeleted text end that address public safety and reflect the function, lower traffic
volume, and slower speed on natural preservation routes. deleted text begin The rules may not establish
standards for natural preservation routes that are higher than the standards for national
forest highways within national forests and state park access roads within state parks.
Design standards specifying the width of vehicle recovery areas on forest highways,
forest and park roads, and on natural preservation routes must minimize harmful
environmental impact.deleted text end new text begin Such rules may not include engineering or design standards for
natural preservation route construction, reconstruction, and maintenance.
new text end
Sec. 5.
Minnesota Statutes 2010, section 162.07, subdivision 2, is amended to read:
Subd. 2.
Money needs defined.
For the purpose of this section, money needs
of each county are defined as the estimated total annual costs of constructing, over a
period of 25 years, the county state-aid highway system in that county. Costs incidental to
construction, or a specified portion thereof as set forth in the commissioner's rules may be
included in determining money needs. To avoid variances in costs due to differences in
construction policy, construction costs shall be estimated on the basis of the engineering
standards developed cooperatively by deleted text begin the commissioner anddeleted text end the county engineers of
the several counties.
Sec. 6.
Minnesota Statutes 2010, section 162.09, subdivision 1, is amended to read:
Subdivision 1.
Creation; mileage limitation; rules.
(a) There is created a
municipal state-aid street system within statutory and home rule charter cities having
a population of 5,000 or more. The extent of the municipal state-aid street system for
a city shall not exceed:
(1) 20 percent of the total miles of city streets and county roads partially or totally
within the jurisdiction of that city; plus
(2) the mileage of all trunk highways reverted or turned back to the jurisdiction of
the city pursuant to law on and after July 1, 1965; plus
(3) the mileage of county highways reverted or turned back to the jurisdiction of the
city pursuant to law on or after May 11, 1994.
(b) For purposes of this subdivision, the total miles of city streets and county roads
within the jurisdiction of a city includes all miles of county highways turned back to that
city's jurisdiction on or after May 11, 1994.
(c) The system shall be established, located, constructed, reconstructed, improved,
and maintained as public highways partially or totally within such cities deleted text begin under rules, not
inconsistent with this section, made and promulgated by the commissioner as hereinafter
provideddeleted text end .
Sec. 7.
Minnesota Statutes 2010, section 162.09, subdivision 2, is amended to read:
Subd. 2.
Rulesdeleted text begin ; advisory committeedeleted text end .
deleted text begin
(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. For the purposes of this section, the expedited process for
adopting rules established in section 14.389 may be used.
deleted text end
deleted text begin
(b) Notwithstanding section 15.059, subdivision 5, the committee does not expire.
deleted text end
new text begin
The commissioner shall adopt rules for establishment, location, designation, and
financial assistance to the municipal state-aid street system. Such rules may not include
engineering or design standards for municipal state-aid street construction, reconstruction,
and maintenance.
new text end
Sec. 8.
Minnesota Statutes 2010, section 162.13, subdivision 2, is amended to read:
Subd. 2.
Money needs defined.
For the purpose of this section money needs of each
city having a population of 5,000 or more are defined as the estimated cost of constructing
and maintaining over a period of 25 years the municipal state-aid street system in such
city. Right-of-way costs and drainage shall be included in money needs. Lighting costs
and other costs incidental to construction and maintenance, or a specified portion of such
costs, as set forth in the commissioner's rules, may be included in determining money
needs. When a county locates a county state-aid highway over a portion of a street in any
such city and the remaining portion is designated as a municipal state-aid street only the
construction and maintenance costs of the portion of the street other than the portions taken
over by the county shall be included in the money needs of the city. To avoid variances
in costs due to differences in construction and maintenance policy, construction and
maintenance costs shall be estimated on the basis of the engineering standards developed
cooperatively by deleted text begin the commissioner anddeleted text end the engineers, or a committee thereof, of the cities.
Sec. 9. new text begin RULEMAKING; ELIMINATION OF ENGINEERING STANDARDS.
new text end
new text begin
(a) By December 31, 2011, the commissioner of transportation shall amend
Minnesota Rules to (1) eliminate any references to engineering and design standards
previously established by the commissioner under Minnesota Rules, chapter 8820; and (2)
identify approved engineering and design standards under Minnesota Rules, chapter 8820,
only as those standards developed by the several cities with respect to municipal state-aid
streets, or the several counties with respect to county state-aid highways.
new text end
new text begin
(b) The rules adopted by the commissioner under paragraph (a) are exempt from
the rulemaking provisions of Minnesota Statutes, chapter 14. The rules are subject to
Minnesota Statutes, 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
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 REPEALER.
new text end
new text begin
(a)
new text end
new text begin
Minnesota Statutes 2010, sections 162.02, subdivisions 3, 3a, and 3b; 162.09,
subdivisions 3 and 3a; 162.155; and 174.75, subdivision 4,
new text end
new text begin
are repealed.
new text end
new text begin
(b)
new text end
new text begin
Minnesota Rules, parts 8820.2500; 8820.2700; 8820.3100, subparts 1, 2, 5, 6,
7a, 8, 9a, and 10; 8820.3300; 8820.3400; 8820.4060; 8820.9920; 8820.9922; 8820.9926,
subpart 1; 8820.9936; 8820.9946; 8820.9956; 8820.9961; 8820.9981; 8820.9986;
8820.9990; and 8820.9995,
new text end
new text begin
are repealed.
new text end
new text begin
(c)
new text end
new text begin
Laws 2010, chapter 351, section 72,
new text end
new text begin
is repealed.
new text end