HF 1309

1st Committee Engrossment - 86th Legislature (2009 - 2010) Posted on 03/19/2013 07:28pm

A bill for an act
relating to transportation finance; appropriating money for transportation,
Metropolitan Council, and public safety activities and programs; providing for
fund transfers and tort claims; authorizing an account and certain contingent
appropriations; modifying previous appropriations provisions; modifying various
provisions related to transportation finance and policy; modifying provisions
related to speed limits, fracture-critical bridges, transit, passenger rail, motor
vehicle lease sales tax revenue allocations, and transit services; requiring reports;
amending Minnesota Statutes 2008, sections 161.081, by adding a subdivision;
161.36, subdivision 7, as added; 162.12, subdivision 2; 169.14, by adding a
subdivision; 174.24, subdivision 1a, by adding a subdivision; 174.50, by adding
a subdivision; 297A.815, subdivision 3; 473.408, by adding a subdivision; Laws
2007, chapter 143, article 1, section 3, subdivision 2, as amended; Laws 2008,
chapter 152, article 1, section 5; proposing coding for new law in Minnesota
Statutes, chapters 161; 174.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

ARTICLE 1

TRANSPORTATION APPROPRIATIONS

Section 1. new text begin SUMMARY OF APPROPRIATIONS. new text end

new text begin The amounts shown in this section summarize direct appropriations, by fund, made
in this article.
new text end

		new text begin 2010 new text end		new text begin 2011 new text end		new text begin Total new text end
new text begin General new text end	new text begin $ new text end	new text begin 101,590,000 new text end	new text begin $ new text end	new text begin 94,030,000 new text end	new text begin $ new text end	new text begin 195,620,000 new text end
new text begin Airports new text end		new text begin 21,909,000 new text end		new text begin 19,659,000 new text end		new text begin 41,568,000 new text end
new text begin C.S.A.H. new text end		new text begin 496,786,000 new text end		new text begin 524,478,000 new text end		new text begin 1,021,264,000 new text end
new text begin M.S.A.S. new text end		new text begin 134,003,000 new text end		new text begin 141,400,000 new text end		new text begin 275,403,000 new text end
new text begin Special Revenue new text end		new text begin 49,038,000 new text end		new text begin 49,038,000 new text end		new text begin 98,076,000 new text end
new text begin H.U.T.D. new text end		new text begin 9,538,000 new text end		new text begin 9,838,000 new text end		new text begin 19,376,000 new text end
new text begin Trunk Highway new text end		new text begin 1,263,292,000 new text end		new text begin 1,369,846,000 new text end		new text begin 2,633,138,000 new text end
new text begin Total new text end	new text begin $ new text end	new text begin 2,076,156,000 new text end	new text begin $ new text end	new text begin 2,208,289,000 new text end	new text begin $ new text end	new text begin 4,284,445,000 new text end

Sec. 2. new text begin TRANSPORTATION APPROPRIATIONS. new text end

new text begin The sums shown in the columns marked "Appropriations" are appropriated to
the agencies and for the purposes specified in this article. The appropriations are from
the trunk highway fund, or another named fund, and are available for the fiscal years
indicated for each purpose. The figures "2010" and "2011" used in this article mean that
the appropriations listed under them are available for the fiscal year ending June 30, 2010,
or June 30, 2011, respectively. "The first year" is fiscal year 2010. "The second year" is
fiscal year 2011. "The biennium" is fiscal years 2010 and 2011. Appropriations for the
fiscal year ending June 30, 2009, are effective the day following final enactment.
new text end

			new text begin APPROPRIATIONS new text end
			new text begin Available for the Year new text end
			new text begin Ending June 30 new text end
				new text begin 2010 new text end		new text begin 2011 new text end

Sec. 3. new text begin DEPARTMENT OF TRANSPORTATION new text end

new text begin Subdivision 1. new text end new text begin Total Appropriation new text end

new text begin $ new text end

new text begin 1,849,926,000 new text end

new text begin $ new text end

new text begin 1,983,923,000 new text end

new text begin Appropriations by Fund new text end
	new text begin 2010 new text end	new text begin 2011 new text end
new text begin General new text end	new text begin 18,704,000 new text end	new text begin 11,144,000 new text end
new text begin Airports new text end	new text begin 21,859,000 new text end	new text begin 19,609,000 new text end
new text begin C.S.A.H. new text end	new text begin 496,786,000 new text end	new text begin 524,478,000 new text end
new text begin M.S.A.S. new text end	new text begin 134,003,000 new text end	new text begin 141,400,000 new text end
new text begin Trunk Highway new text end	new text begin 1,178,574,000 new text end	new text begin 1,287,292,000 new text end

new text begin The amounts that may be spent for each
purpose are specified in the following
subdivisions.
new text end

new text begin Subd. 2. new text end new text begin Multimodal Systems new text end

new text begin (a) new text end new text begin Airport Development and Assistance new text end

new text begin 16,548,000 new text end

new text begin 14,298,000 new text end

new text begin This appropriation is from the state
airports fund and must be spent according
to Minnesota Statutes, section 360.305,
subdivision 4.
new text end

new text begin Notwithstanding Minnesota Statutes, section
16A.28, subdivision 6, this appropriation is
available for five years after appropriation.
If the appropriation for either year is
insufficient, the appropriation for the other
year is available for it.
new text end

new text begin (b) new text end new text begin Aviation Support and Services new text end

new text begin 6,123,000 new text end

new text begin 6,123,000 new text end

new text begin Appropriations by Fund new text end
new text begin Airports new text end	new text begin 5,286,000 new text end	new text begin 5,286,000 new text end
new text begin Trunk Highway new text end	new text begin 837,000 new text end	new text begin 837,000 new text end

new text begin $65,000 the first year and $65,000 the second
year from the state airports fund are for the
Civil Air Patrol.
new text end

new text begin (c) Airport Development Appropriation Adjustments new text end

new text begin If an appropriation for airport development
and assistance under paragraph (a) does
not exhaust the balance in the state airports
fund in the year for which it is made, the
commissioner of finance, upon request of
the commissioner of transportation, shall
notify the chairs and ranking minority
members of the senate and house of
representatives committees with jurisdiction
over transportation finance of the amount of
the remainder and shall then add that amount
to the appropriation. The amount added is
appropriated as provided in paragraph (a).
new text end

new text begin If the appropriation for airport development
and assistance under paragraph (a) or
this paragraph does exhaust the balance
in the state airports fund in the year for
which it is made, the commissioner of
finance shall notify the chairs and ranking
minority members of the senate and house of
representatives committees with jurisdiction
over transportation finance of the amount by
which the appropriation exceeds the balance
and shall then reduce that amount from the
appropriation.
new text end

new text begin (d) Transit new text end

new text begin 18,549,000 new text end

new text begin 10,989,000 new text end

new text begin Appropriations by Fund new text end
new text begin General new text end	new text begin 17,774,000 new text end	new text begin 10,214,000 new text end
new text begin Trunk Highway new text end	new text begin 775,000 new text end	new text begin 775,000 new text end

new text begin The base appropriation from the general fund
for fiscal years 2012 and 2013 is $17,774,000
for each year.
new text end

new text begin (e) Commuter and Passenger Rail new text end

new text begin 500,000 new text end

new text begin 500,000 new text end

new text begin This appropriation is from the general fund
for (1) development of the comprehensive
statewide freight and passenger rail plan
under Minnesota Statutes, section 174.03,
subdivision 1b, and (2) passenger rail
system planning, alternatives analysis,
environmental analysis, design, preliminary
engineering, and land acquisition under
Minnesota Statutes, sections 174.632 to
174.636.
new text end

new text begin (f) Freight new text end

new text begin 5,262,000 new text end

new text begin 5,262,000 new text end

new text begin Appropriations by Fund new text end
new text begin General new text end	new text begin 365,000 new text end	new text begin 365,000 new text end
new text begin Trunk Highway new text end	new text begin 4,897,000 new text end	new text begin 4,897,000 new text end

new text begin Subd. 3. new text end new text begin State Roads new text end

new text begin (a) Infrastructure Operations and Maintenance new text end

new text begin 250,457,000 new text end

new text begin 242,651,000 new text end

new text begin The base appropriation for fiscal years 2012
and 2013 is $257,395,000 for each year.
new text end

new text begin (b) new text end new text begin Infrastructure Investment Support new text end

new text begin 200,527,000 new text end

new text begin 194,384,000 new text end

new text begin The base appropriation for fiscal years 2012
and 2013 is $205,988,000 for each year.
new text end

new text begin Of the appropriation for fiscal year 2010,
$390,000 is for engineering, signage, and
roadway marking related to speed limit
requirements under Minnesota Statutes,
section 169.14, subdivision 2a.
new text end

new text begin $266,000 the first year and $266,000 the
second year are available for grants to
metropolitan planning organizations outside
the seven-county metropolitan area.
new text end

new text begin $75,000 the first year and $75,000 the
second year are for a transportation research
contingent account to finance research
projects that are reimbursable from the
federal government or from other sources.
If the appropriation for either year is
insufficient, the appropriation for the other
year is available for it.
new text end

new text begin $600,000 the first year and $600,000
the second year are available for grants
for transportation studies outside the
metropolitan area to identify critical
concerns, problems, and issues. These
grants are available (1) to regional
development commissions; (2) in regions
where no regional development commission
is functioning, to joint powers boards
established under agreement of two or
more political subdivisions in the region to
exercise the planning functions of a regional
development commission; and (3) in regions
where no regional development commission
or joint powers board is functioning, to the
department's district office for that region.
new text end

new text begin (c) new text end new text begin State Road Construction new text end

new text begin 557,300,000 new text end

new text begin 612,700,000 new text end

new text begin The base appropriation for fiscal years 2012
and 2013 is $635,000,000 for each year.
new text end

new text begin It is estimated that these appropriations will
be funded as follows:
new text end

new text begin Appropriations by Fund new text end
new text begin Federal Highway Aid new text end	new text begin 301,100,000 new text end	new text begin 388,500,000 new text end
new text begin Highway User Taxes new text end	new text begin 256,200,000 new text end	new text begin 224,200,000 new text end

new text begin This appropriation is for the actual
construction, reconstruction, and
improvement of trunk highways, including
design-build contracts and consultant usage
to support these activities. This includes the
cost of actual payment to landowners for
lands acquired for highway rights-of-way,
payment to lessees, interest subsidies, and
relocation expenses.
new text end

new text begin The commissioner of transportation shall
notify the chairs and ranking minority
members of the senate and house of
representatives committees with jurisdiction
over transportation finance of any significant
events that should cause these estimates to
change.
new text end

new text begin The commissioner may transfer up to
$15,000,000 each year to the transportation
revolving loan fund.
new text end

new text begin The commissioner may receive money
covering other shares of the cost of
partnership projects. These receipts are
appropriated to the commissioner for these
projects.
new text end

new text begin (d) new text end new text begin Highway Debt Service new text end

new text begin 100,598,000 new text end

new text begin 169,752,000 new text end

new text begin $85,945,000 the first year and $153,656,000
the second year are for transfer to the state
bond fund. If this appropriation is insufficient
to make all transfers required in the year for
which it is made, the commissioner of finance
shall notify the Committee on Finance of
the senate and the Committee on Ways and
Means of the house of representatives of
the amount of the deficiency and shall then
transfer that amount under the statutory open
appropriation. Any excess appropriation
cancels to the trunk highway fund.
new text end

new text begin (e) Electronic Communications new text end

new text begin 5,177,000 new text end

new text begin 5,177,000 new text end

new text begin Appropriations by Fund new text end
new text begin General new text end	new text begin 9,000 new text end	new text begin 9,000 new text end
new text begin Trunk Highway new text end	new text begin 5,168,000 new text end	new text begin 5,168,000 new text end

new text begin The general fund appropriation is to equip
and operate the Roosevelt signal tower for
Lake of the Woods weather broadcasting.
new text end

new text begin Subd. 4. new text end new text begin Local Roads new text end

new text begin (a) County State Aids new text end

new text begin 496,786,000 new text end

new text begin 524,478,000 new text end

new text begin This appropriation is from the county
state-aid highway fund and is available until
spent.
new text end

new text begin (b) Municipal State Aids new text end

new text begin 134,003,000 new text end

new text begin 141,400,000 new text end

new text begin This appropriation is from the municipal
state-aid street fund and is available until
spent.
new text end

new text begin (c) State Aid Appropriation Adjustments new text end

new text begin If an appropriation for either county state
aids or municipal state aids does not exhaust
the balance in the fund from which it is
made in the year for which it is made, the
commissioner of finance, upon request of
the commissioner of transportation, shall
notify the chairs and ranking minority
members of the senate and house of
representatives committees with jurisdiction
over transportation finance of the amount of
the remainder and shall then add that amount
to the appropriation. The amount added is
appropriated for the purposes of county state
aids or municipal state aids, as appropriate.
new text end

new text begin If the appropriation for either county
state aids or municipal state aids does
exhaust the balance in the fund from
which it is made in the year for which
it is made, the commissioner of finance
shall notify the chairs and ranking minority
members of the senate and house of
representatives committees with jurisdiction
over transportation finance of the amount by
which the appropriation exceeds the balance
and shall then reduce that amount from the
appropriation.
new text end

new text begin Subd. 5. new text end new text begin General Support and Services new text end

new text begin (a) Department Support new text end

new text begin 40,735,000 new text end

new text begin 39,388,000 new text end

new text begin Appropriations by Fund new text end
new text begin Airports new text end	new text begin 25,000 new text end	new text begin 25,000 new text end
new text begin Trunk Highway new text end	new text begin 40,710,000 new text end	new text begin 39,363,000 new text end

new text begin The base appropriation from the trunk
highway fund in fiscal years 2012 and 2013
is $41,907,000 for each year.
new text end

new text begin (b) Buildings new text end

new text begin 17,361,000 new text end

new text begin 16,821,000 new text end

new text begin Appropriations by Fund new text end
new text begin General new text end	new text begin 56,000 new text end	new text begin 56,000 new text end
new text begin Trunk Highway new text end	new text begin 17,305,000 new text end	new text begin 16,765,000 new text end

new text begin The base appropriation from the trunk
highway fund in fiscal years 2012 and 2013
is $17,784,000 for each year.
new text end

new text begin If the appropriation for either year is
insufficient, the appropriation for the other
year is available for it.
new text end

new text begin Subd. 6. new text end new text begin Transfers new text end

new text begin (a) With the approval of the commissioner of
finance, the commissioner of transportation
may transfer unencumbered balances
among the appropriations from the trunk
highway fund and the state airports fund
made in this section. No transfer may be
made from the appropriation for state road
construction. No transfer may be made
from the appropriations for debt service to
any other appropriation. Transfers under
this paragraph may not be made between
funds. Transfers between programs must
be reported immediately to the chairs and
ranking minority members of the senate and
house of representatives committees with
jurisdiction over transportation finance.
new text end

new text begin (b) The commissioner of finance shall
transfer from the flexible account in the
county state-aid highway fund $8,440,000
the first year and $1,550,000 the second year
to the municipal turnback account in the
municipal state-aid street fund.
new text end

new text begin Subd. 7. new text end new text begin Use of State Road Construction Appropriations new text end

new text begin Any money appropriated to the commissioner
of transportation for state road construction
for any fiscal year before fiscal year
2010 is available to the commissioner
during the biennium to the extent that the
commissioner spends the money on the
state road construction project for which the
money was originally encumbered during the
fiscal year for which it was appropriated. The
commissioner of transportation shall report
to the commissioner of finance by August
1, 2009, and August 1, 2010, on a form
the commissioner of finance provides, on
expenditures made during the previous fiscal
year that are authorized by this subdivision.
new text end

new text begin Subd. 8. new text end new text begin Contingent Appropriation new text end

new text begin The commissioner of transportation may
request an appropriation of an unappropriated
balance in the trunk highway fund in the
biennium as provided under Minnesota
Statutes, section 161.358, for (1) trunk
highway design, construction, or inspection
in order to take advantage of an unanticipated
receipt of income to the trunk highway fund
or to take advantage of federal advanced
construction funding; (2) trunk highway
maintenance in order to meet an emergency;
or (3) payment of tort or environmental
claims.
new text end

new text begin Nothing in this subdivision authorizes the
commissioner to increase the use of federal
advanced construction funding beyond
amounts specifically authorized. Any
transfer as a result of the use of federal
advanced construction funding must include
an analysis of the effects on the long-term
trunk highway fund balance.
new text end

Sec. 4. new text begin METROPOLITAN COUNCIL new text end

new text begin Subdivision 1. new text end new text begin Total Appropriation new text end

new text begin $ new text end

new text begin 75,186,000 new text end

new text begin $ new text end

new text begin 75,186,000 new text end

new text begin The appropriations in this section are from
the general fund.
new text end

new text begin The amounts that may be spent for each
purpose are specified in the following
subdivisions.
new text end

new text begin Subd. 2. new text end new text begin Bus Transit new text end

new text begin 69,893,000 new text end

new text begin 69,893,000 new text end

new text begin This appropriation is for bus system
operations.
new text end

new text begin Of this appropriation, $129,000 for fiscal
year 2010 and $140,000 for fiscal year 2011
is for transit service for disabled veterans
under Minnesota Statutes, section 473.408,
subdivision 10.
new text end

new text begin Subd. 3. new text end new text begin Rail Operations new text end

new text begin 5,293,000 new text end

new text begin 5,293,000 new text end

new text begin This appropriation is for operations of the
Hiawatha light rail transit line.
new text end

Sec. 5. new text begin DEPARTMENT OF PUBLIC SAFETY new text end

new text begin Subdivision 1. new text end new text begin Total Appropriation new text end

new text begin $ new text end

new text begin 150,069,000 new text end

new text begin $ new text end

new text begin 148,205,000 new text end

new text begin Appropriations by Fund new text end
	new text begin 2010 new text end	new text begin 2011 new text end
new text begin General new text end	new text begin 7,700,000 new text end	new text begin 7,700,000 new text end
new text begin H.U.T.D. new text end	new text begin 9,413,000 new text end	new text begin 9,713,000 new text end
new text begin Special Revenue new text end	new text begin 49,038,000 new text end	new text begin 49,038,000 new text end
new text begin Trunk Highway new text end	new text begin 83,918,000 new text end	new text begin 81,754,000 new text end

new text begin The amounts that may be spent for each
purpose are specified in the following
subdivisions.
new text end

new text begin Subd. 2. new text end new text begin Administration and Related Services new text end

new text begin (a) Office of Communications new text end

new text begin 434,000 new text end

new text begin 434,000 new text end

new text begin Appropriations by Fund new text end
new text begin General new text end	new text begin 41,000 new text end	new text begin 41,000 new text end
new text begin Trunk Highway new text end	new text begin 393,000 new text end	new text begin 393,000 new text end

new text begin (b) Public Safety Support new text end

new text begin 8,035,000 new text end

new text begin 8,035,000 new text end

new text begin Appropriations by Fund new text end
new text begin General new text end	new text begin 3,163,000 new text end	new text begin 3,163,000 new text end
new text begin H.U.T.D. new text end	new text begin 1,366,000 new text end	new text begin 1,366,000 new text end
new text begin Trunk Highway new text end	new text begin 3,506,000 new text end	new text begin 3,506,000 new text end

new text begin $380,000 the first year and $380,000 the
second year are appropriated from the general
fund for payment of public safety officer
survivor benefits under Minnesota Statutes,
section 299A.44. If the appropriation for
either year is insufficient, the appropriation
for the other year is available for it.
new text end

new text begin $1,367,000 the first year and $1,367,000
the second year are appropriated from the
general fund to be deposited in the public
safety officer's benefit account. This money
is available for reimbursements under
Minnesota Statutes, section 299A.465.
new text end

new text begin $508,000 the first year and $508,000 the
second year are appropriated from the general
fund for soft body armor reimbursements
under Minnesota Statutes, section 299A.38.
new text end

new text begin $792,000 the first year and $792,000
the second year are appropriated from the
general fund for transfer by the commissioner
of finance to the trunk highway fund on
December 31, 2009, and December 31, 2010,
respectively, in order to reimburse the trunk
highway fund for expenses not related to the
fund. These represent amounts appropriated
out of the trunk highway fund for general
fund purposes in the administration and
related services program.
new text end

new text begin $610,000 the first year and $610,000 the
second year are appropriated from the
highway user tax distribution fund for
transfer by the commissioner of finance to
the trunk highway fund on December 31,
2009, and December 31, 2010, respectively,
in order to reimburse the trunk highway
fund for expenses not related to the fund.
These represent amounts appropriated out
of the trunk highway fund for highway
user tax distribution fund purposes in the
administration and related services program.
new text end

new text begin $716,000 the first year and $716,000 the
second year are appropriated from the
highway user tax distribution fund for
transfer by the commissioner of finance to
the general fund on December 31, 2009, and
December 31, 2010, respectively, in order to
reimburse the general fund for expenses not
related to the fund. These represent amounts
appropriated out of the general fund for
operation of the criminal justice data network
related to driver and motor vehicle licensing.
new text end

new text begin (c) Technical Support Services new text end

new text begin 3,835,000 new text end

new text begin 3,835,000 new text end

new text begin Appropriations by Fund new text end
new text begin General new text end	new text begin 1,472,000 new text end	new text begin 1,472,000 new text end
new text begin H.U.T.D. new text end	new text begin 19,000 new text end	new text begin 19,000 new text end
new text begin Trunk Highway new text end	new text begin 2,344,000 new text end	new text begin 2,344,000 new text end

new text begin Subd. 3. new text end new text begin State Patrol new text end

new text begin (a) Patrolling Highways new text end

new text begin 69,597,000 new text end

new text begin 67,433,000 new text end

new text begin Appropriations by Fund new text end
new text begin General new text end	new text begin 37,000 new text end	new text begin 37,000 new text end
new text begin H.U.T.D. new text end	new text begin 92,000 new text end	new text begin 92,000 new text end
new text begin Trunk Highway new text end	new text begin 69,468,000 new text end	new text begin 67,304,000 new text end

new text begin The base appropriation from the trunk
highway fund for fiscal years 2012 and 2013
is $71,393,000 for each year.
new text end

new text begin (b) Commercial Vehicle Enforcement new text end

new text begin 7,771,000 new text end

new text begin 7,771,000 new text end

new text begin (c) Capitol Security new text end

new text begin 2,987,000 new text end

new text begin 2,987,000 new text end

new text begin This appropriation is from the general fund.
new text end

new text begin The commissioner may not (1) spend
any money from the trunk highway fund
for capitol security or (2) permanently
transfer any state trooper from the patrolling
highways activity to capitol security.
new text end

new text begin The commissioner may not transfer any
money (1) appropriated for Department of
Public Safety administration, the patrolling of
highways, commercial vehicle enforcement,
or driver and vehicle services to capitol
security or (2) from capitol security.
new text end

new text begin Subd. 4. new text end new text begin Driver and Vehicle Services new text end

new text begin (a) Vehicle Services new text end

new text begin 26,909,000 new text end

new text begin 27,209,000 new text end

new text begin Appropriations by Fund new text end
new text begin Special Revenue new text end	new text begin 18,973,000 new text end	new text begin 18,973,000 new text end
new text begin H.U.T.D. new text end	new text begin 7,936,000 new text end	new text begin 8,236,000 new text end

new text begin The special revenue fund appropriation is
from the vehicle services operating account.
new text end

new text begin (b) Driver Services new text end

new text begin 28,712,000 new text end

new text begin 28,712,000 new text end

new text begin Appropriations by Fund new text end
new text begin Special Revenue new text end	new text begin 28,711,000 new text end	new text begin 28,711,000 new text end
new text begin Trunk Highway new text end	new text begin 1,000 new text end	new text begin 1,000 new text end

new text begin The special revenue fund appropriation is
from the driver services operating account.
new text end

new text begin Subd. 5. new text end new text begin Traffic Safety new text end

new text begin 435,000 new text end

new text begin 435,000 new text end

new text begin Subd. 6. new text end new text begin Pipeline Safety new text end

new text begin 1,354,000 new text end

new text begin 1,354,000 new text end

new text begin This appropriation is from the pipeline safety
account in the special revenue fund.
new text end

Sec. 6. new text begin GENERAL CONTINGENT ACCOUNTS new text end

new text begin $ new text end

new text begin 375,000 new text end

new text begin $ new text end

new text begin 375,000 new text end

new text begin Appropriations by Fund new text end
new text begin Trunk Highway new text end	new text begin 200,000 new text end	new text begin 200,000 new text end
new text begin H.U.T.D. new text end	new text begin 125,000 new text end	new text begin 125,000 new text end
new text begin Airports new text end	new text begin 50,000 new text end	new text begin 50,000 new text end

new text begin The appropriations in this section from the
trunk highway fund, the highway user tax
distribution fund, and the state airports fund
may only be spent upon approval as provided
under Minnesota Statutes, section 161.358.
new text end

new text begin If an appropriation in this section for either
year is insufficient, the appropriation for the
other year is available for it.
new text end

Sec. 7. new text begin TORT CLAIMS new text end

new text begin $ new text end

new text begin 600,000 new text end

new text begin $ new text end

new text begin 600,000 new text end

new text begin This appropriation is to the commissioner of
finance.
new text end

new text begin If the appropriation for either year is
insufficient, the appropriation for the other
year is available for it.
new text end

Sec. 8.

Laws 2007, chapter 143, article 1, section 3, subdivision 2, as amended by
Laws 2008, chapter 363, article 11, section 10, is amended to read:

Subd. 2. Multimodal Systems

(a) Aeronautics

(1) Airport Development and Assistance

20,298,000

5,298,000

This appropriation is from the state airports
fund and must be spent according to
Minnesota Statutes, section 360.305,
subdivision 4.

$6,000,000 the first year is a onetime
appropriation and does not add to the
base appropriations. The base for this
appropriation for fiscal year 2010 is
$14,298,000.

Of this appropriation $200,000 the first
year is to the Legislative Coordinating
Commission for the administrative expenses
of the Airport Funding Advisory Task Force
and for other costs relating to the preparation
of the task force report, including the costs of
hiring a consultant, if needed. Any remaining
amount of this appropriation shall revert to
the state airports fund.

Notwithstanding Minnesota Statutes, section
16A.28, subdivision 6, this appropriation is
available for five years after appropriation.

If the appropriation for either year is
insufficient, the appropriation for the other
year is available for it.

(2) Aviation Support and Services

Appropriations by Fund
Airports	5,184,000	5,286,000
Trunk Highway	852,000	866,000

$65,000 the first year and $65,000 the second
year from the state airports fund are for the
Civil Air Patrol.

(b) Transit

Appropriations by Fund
General	18,813,000	deleted text begin 18,816,000 deleted text end new text begin 26,376,000 new text end
Trunk Highway	740,000	761,000

new text begin Of the appropriation in fiscal year 2009,
$7,560,000 may be expended for financial
assistance under Minnesota Statutes, section
174.24, notwithstanding the payment
schedule under Minnesota Statutes, section
174.24, subdivision 5.
new text end

(c) Freight

Appropriations by Fund
General	357,000	367,000
Trunk Highway	5,028,000	5,158,000

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 9.

Laws 2008, chapter 152, article 1, section 5, is amended to read:

Sec. 5. APPROPRIATION; TRANSPORTATION EMERGENCY RELIEF.

$55,000,000 in fiscal year 2008 and deleted text begin $77,000,000 deleted text end new text begin $33,000,000 new text end in fiscal year 2009
are appropriated to the commissioner of transportation from the trunk highway fund for
the purposes specified in the federal grants and aids related to the I-35W bridge collapse
on marked Interstate Highway I-35W in Minneapolis. The appropriation in fiscal year
2009 is available for other trunk highway construction projects. This appropriation is in
addition to appropriations under Laws 2007, chapter 143, article 1, section 3, and Laws
2007, First Special Session chapter 2, article 2, section 2.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

ARTICLE 2

TRANSPORTATION FINANCE AND POLICY

Section 1.

Minnesota Statutes 2008, section 161.081, is amended by adding a
subdivision to read:

new text begin Subd. 4. new text end

new text begin Metropolitan routes of regional significance account. new text end

new text begin (a) For purposes
of this subdivision, the following terms have the meanings given them:
new text end

new text begin (1) "metropolitan county" has the meaning given in section 473.121, subdivision
4; and
new text end

new text begin (2) "population" has the meaning given in section 477A.011, subdivision 3, except
that it excludes the three most populous cities in the metropolitan area.
new text end

new text begin (b) The metropolitan routes of regional significance account is created in the state
treasury. Funds in the account are for allocation to metropolitan counties to assist in
paying the costs of construction, reconstruction, or maintenance of county highways with
statewide or regional significance that have not been fully funded through other state,
federal, or local funding sources.
new text end

new text begin (c) The commissioner shall allocate funds in the account to each metropolitan county
so that the county receives an amount proportional to the percentage that its population,
estimated or established by July 15 of the year prior to the current calendar year, bears to
the total population of the counties receiving funds under this subdivision.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2009.
new text end

Sec. 2.

new text begin [161.358] CONTINGENT APPROPRIATIONS.
new text end

new text begin Subdivision 1. new text end

new text begin Application. new text end

new text begin This section only applies as specifically provided in
conjunction with a contingent appropriation under law, and provides for the commissioner
of transportation, or another named commissioner, to obtain appropriation authority from
the trunk highway fund, or another named fund, for transportation purposes.
new text end

new text begin Subd. 2. new text end

new text begin Definition. new text end

new text begin (a) For purposes of this section, the following term has the
meaning given.
new text end

new text begin (b) "Transportation Contingent Appropriations Group" or "TCAG" means a group
comprised of the following members:
new text end

new text begin (1) the members of the Legislative Advisory Commission under section 3.30; and
new text end

new text begin (2) the ranking minority members of the house of representatives and senate
committees with jurisdiction over transportation finance.
new text end

new text begin Subd. 3. new text end

new text begin Appropriations process; request; hearings. new text end

new text begin (a) To request an
appropriation under this section, the commissioner shall submit to members of the
Transportation Contingent Appropriations Group written notice and request for
appropriation authority. The notice must provide information on the appropriation
authority being sought, and request the written response of each TCAG member within
ten days of the date of notification.
new text end

new text begin (b) Upon request by any member of the Transportation Contingent Appropriations
Group for further information, the TCAG shall hold hearings on the requested
appropriation authority. A member must make the request for further information within
ten days of the date of notification under paragraph (a).
new text end

new text begin (c) The division chair of the finance committee with jurisdiction over transportation
finance in the senate and the division chair of the appropriate finance committee or
division with jurisdiction over transportation finance in the house of representatives shall
on an alternating basis chair the TCAG hearings. The TCAG shall conclude hearings and
provide written approval or disapproval of the request for appropriation authority within
six weeks of the date of notification.
new text end

new text begin Subd. 4. new text end

new text begin Approval. new text end

new text begin A member of the Transportation Contingent Appropriations
Group is deemed to approve the commissioner's request for appropriation authority if:
new text end

new text begin (1) no request for further information is made under subdivision 3, paragraph (b),
and that member does not respond with written disapproval within ten days of the date of
notification under subdivision 3, paragraph (a); or
new text end

new text begin (2) a request for further information is made, and that member does not respond with
written disapproval within six weeks of the date of notification.
new text end

new text begin Subd. 5. new text end

new text begin Contingent appropriation. new text end

new text begin Upon approval of the governor and the
approval of a minimum of five members of the Transportation Contingent Appropriations
Group, the funds requested under subdivision 3 are appropriated to the commissioner from
the trunk highway fund, or another named fund, and must be utilized in conformance
with the purposes specified.
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. 3.

Minnesota Statutes 2008, section 161.36, subdivision 7, as added by Laws
2009, chapter 9, section 1, is amended to read:

Subd. 7.

Economic recovery funds.

(a) All federal funds made available new text begin as of April
2, 2009, new text end to the commissioner under title XII of the American Recovery and Reinvestment
Act of 2009, Public Law 111-5 new text begin (the act) new text end , and designated for transportation purposes,
including but not limited to assistance for highways and bridges, transit, aeronautics,
ports, and railroads, are appropriated to the commissioner from the trunk highway fund or
the federal fund, as appropriate. deleted text begin This appropriation includes any funds not initially made
available to the commissioner under the act, including but not limited to competitive grant
awards and funds made available in addition to the amount expected on the effective date
of this section. deleted text end The money is available until expended.

(b) new text begin The commissioner may request an appropriation from the trunk highway fund
or the federal fund, as appropriate, as provided under section 161.358, for funds made
available to the commissioner under the act that are not appropriated in paragraph (a).
new text end

new text begin (c) new text end The commissioner shall make every reasonable effort to seek and utilize all
funds available under title XII of the act.

deleted text begin (c) deleted text end new text begin (d) new text end The commissioner shall expend funds appropriated under this subdivision in
conformance with federal requirements established in association with use of the funds.
The commissioner may expend up to 17 percent of the funds for program delivery.

deleted text begin (d) deleted text end new text begin (e) new text end Notwithstanding section 360.305, subdivision 4, no local contribution is
required for eligible aeronautics project elements funded by a federal grant-in-aid through
the act.

deleted text begin (e) deleted text end new text begin (f) new text end Within two weeks of submitting each report to the United States Department
of Transportation as required for the federal aid under this subdivision, the commissioner
shall submit a corresponding report to the chairs and ranking members of the house of
representatives and senate committees with jurisdiction over transportation policy and
finance. The corresponding report must contain (1) a copy of the report submitted to
the United States Department of Transportation, and (2) information on the geographic
distribution of projects funded under this subdivision, which at a minimum specifies
the amount provided for highways and bridges, transit, aeronautics, ports, and railroads
within each of the department's districts.

Sec. 4.

Minnesota Statutes 2008, section 162.12, subdivision 2, is amended to read:

Subd. 2.

Administrative costs.

A sum of deleted text begin 1-1/2 deleted text end new text begin two new text end percent shall be deducted from
the total available in the municipal state-aid street fund, set aside in a separate account,
and used for administration costs incurred by the state Transportation Department in
carrying out the provisions relating to the municipal state-aid street system.

Sec. 5.

Minnesota Statutes 2008, section 169.14, is amended by adding a subdivision
to read:

new text begin Subd. 2a. new text end

new text begin Increased speed limit when passing. new text end

new text begin Notwithstanding subdivision 2, the
speed limit is increased by ten miles per hour over the posted speed limit when the driver:
new text end

new text begin (1) is on a two-lane highway having one lane for each direction of travel;
new text end

new text begin (2) is on a highway with a posted speed limit that is equal to or higher than 55
miles per hour;
new text end

new text begin (3) is overtaking and passing another vehicle proceeding in the same direction
of travel; and
new text end

new text begin (4) meets the requirements in section 169.18.
new text end

Sec. 6.

Minnesota Statutes 2008, section 174.24, subdivision 1a, is amended to read:

Subd. 1a.

Transit service needs implementation plan.

The commissioner shall
develop a transit service needs implementation plan that contains a goal of meeting at
least 80 percent of unmet transit service needs in greater Minnesota by July 1, 2015, and
meeting at least 90 percent of unmet transit service needs in greater Minnesota by July 1,
2025. The plan must include, but is not limited to, the following: an analysis of ridership
and transit service needs throughout greater Minnesota; a calculation of unmet needs; an
assessment of the level and type of service required to meet unmet needs; an analysis of
costs and revenue options; and, a plan to reduce unmet transit service needs as specified
in this subdivision. The plan must specifically address special transportation service
ridership and needs. new text begin The plan must also provide that recipients of operating assistance
under this section provide public transit service without charge for disabled veterans in
accordance with subdivision 7. new text end The commissioner may amend the plan as necessary, and
may use all or part of the 2001 greater Minnesota public transportation plan created by the
Minnesota Department of Transportation.

Sec. 7.

Minnesota Statutes 2008, section 174.24, is amended by adding a subdivision
to read:

new text begin Subd. 7. new text end

new text begin Transit service for disabled veterans. new text end

new text begin On and after July 1, 2009,
an eligible recipient of operating assistance under this section, who contracts or has
contracted to provide public transit, shall provide public transit service free of charge for
veterans, as defined in section 197.447, certified as disabled. For purposes of this section,
"certified as disabled" means certified in writing by the United States Department of
Veterans Affairs or the state commissioner of veterans affairs as having a permanent
service-connected disability.
new text end

Sec. 8.

Minnesota Statutes 2008, section 174.50, is amended by adding a subdivision
to read:

new text begin Subd. 6c. new text end

new text begin Fracture-critical bridges. new text end

new text begin (a) The commissioner may make a grant to
any political subdivision for replacement or rehabilitation of a fracture-critical bridge. To
be eligible for a grant under this subdivision, the project must produce a bridge structure:
new text end

new text begin (1) that is no longer classified as fracture critical, by having alternate load paths; and
new text end

new text begin (2) whose failure of a main component will not result in the collapse of the bridge.
new text end

new text begin (b) A grant under this subdivision is subject to the procedures and criteria established
under subdivisions 5 and 6.
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. 9.

new text begin [174.632] PASSENGER RAIL; COMMISSIONER'S DUTIES.
new text end

new text begin (a) The planning, design, development, construction, operation, and maintenance of
passenger rail track, facilities, and services are governmental functions, serve a public
purpose, and are a matter of public necessity.
new text end

new text begin (b) The commissioner is responsible for all aspects of planning, designing,
developing, constructing, equipping, operating, and maintaining passenger rail, including
system planning, alternatives analysis, environmental studies, preliminary engineering,
final design, construction, negotiating with railroads, and developing financial and
operating plans.
new text end

new text begin (c) The commissioner may enter into a memorandum of understanding or agreement
with a public or private entity, including a regional railroad authority, a joint powers board,
and a railroad, to carry out these activities.
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 [174.634] PASSENGER RAIL; FUNDING.
new text end

new text begin (a) The commissioner may apply for funding from federal, state, regional, local, and
private sources to carry out the commissioner's duties in section 174.632.
new text end

new text begin (b) Section 174.88, subdivision 2, does not apply to the commissioner's performance
of duties and exercise of powers under sections 174.632 to 174.636.
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. 11.

new text begin [174.636] PASSENGER RAIL; EXERCISE OF POWER.
new text end

new text begin (a) The commissioner has all powers necessary to carry out the duties specified in
section 174.632. In the exercise of those powers, the commissioner may:
new text end

new text begin (1) acquire by purchase, gift, or by eminent domain proceedings as provided by law,
all land and property necessary to preserve future passenger rail corridors or to construct,
maintain, and improve passenger rail corridors;
new text end

new text begin (2) let all necessary contracts as provided by law; and
new text end

new text begin (3) make agreements with and cooperate with any governmental authority or private
entity to carry out statutory duties related to passenger rail.
new text end

new text begin (b) The commissioner shall consult with metropolitan planning organizations and
regional rail authorities in areas where passenger rail corridors are under consideration
to ensure that passenger rail services are integrated with existing rail and transit services
and other transportation facilities to provide as nearly as possible connected, efficient,
and integrated services.
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. 12.

Minnesota Statutes 2008, section 297A.815, subdivision 3, is amended to read:

Subd. 3.

Motor vehicle lease sales tax revenue.

(a) For purposes of this
subdivision, "net revenue" means an amount equal to:

(1) the revenues, including interest and penalties, collected under this section, during
the fiscal year; less

(2) the estimated reduction in individual income tax receipts and the estimated
amount of refunds paid out under section 290.06, subdivision 34, for the fiscal year.

(b) On or before June 30 of each fiscal year, the commissioner of revenue shall
estimate the amount of the revenues and subtraction under paragraph (a) for the current
fiscal year.

(c) On or after July 1 of the subsequent fiscal year, the commissioner of finance shall
transfer the net revenue as estimated in paragraph (b) from the general fund, as follows:

(1) new text begin 65 percent to the metropolitan area transit account;
new text end

new text begin (2) new text end deleted text begin 50 deleted text end new text begin 25 new text end percent to the greater Minnesota transit account; and

deleted text begin (2) 50 percent to the county state-aid highway fund. Notwithstanding any other law
to the contrary, the commissioner of transportation shall allocate the funds transferred
under this clause to the counties in the metropolitan area, as defined in section 473.121,
subdivision 4, excluding the counties of Hennepin and Ramsey, so that each county shall
receive of such amount the percentage that its population, as defined in section 477A.011,
subdivision 3, estimated or established by July 15 of the year prior to the current calendar
year, bears to the total population of the counties receiving funds under this clause.
deleted text end

new text begin (3) ten percent to the metropolitan routes of regional significance account under
section 161.081, subdivision 4.
new text end

(d) For fiscal years 2010 and 2011, the amount under paragraph (a), clause (1), must
be calculated using the following percentages of the total revenues:

(1) for fiscal year 2010, 83.75 percent; and

(2) for fiscal year 2011, 93.75 percent.

Sec. 13.

Minnesota Statutes 2008, section 473.408, is amended by adding a subdivision
to read:

new text begin Subd. 10. new text end

new text begin Transit service for disabled veterans. new text end

new text begin (a) On and after the effective
date of this section, the council shall provide regular route transit, as defined in section
473.385, subdivision 1, free of charge for veterans, as defined in section 197.447, certified
as disabled. For purposes of this section, "certified as disabled" means certified in writing
by the United States Department of Veterans Affairs or the state commissioner of veterans
affairs as having a permanent service-connected disability.
new text end

new text begin (b) The requirements under this subdivision apply to operators of regular route
transit (1) receiving financial assistance under section 473.388, or (2) operating under
section 473.405, subdivision 12.
new text end

Sec. 14. new text begin FUND TRANSFERS; METROPOLITAN COUNCIL TRANSIT
SERVICE.
new text end

new text begin Subdivision 1. new text end

new text begin Metropolitan livable communities fund. new text end

new text begin (a) Notwithstanding
Minnesota Statutes, sections 473.25 to 473.255, or any other law, the Metropolitan Council
may transfer to its transit operating budget in 2009, 2010, and 2011, funds from:
new text end

new text begin (1) the revenues and amounts credited, transferred, or distributed to the metropolitan
livable communities fund accounts in 2009, 2010, and 2011 pursuant to Minnesota
Statutes, sections 473.252, 473.253, 473.254, and 473F.08, subdivision 3b, that are not
committed to grant or loan awards made by the council; and
new text end

new text begin (2) balances in the metropolitan livable communities fund accounts in 2009, 2010,
and 2011 that are not committed to grant or loan awards made by the council.
new text end

new text begin (b) The council may not transfer proceeds from solid waste bonds issued under
Minnesota Statutes, section 473.831, before August 1, 1992, for the purposes specified
in this section.
new text end

new text begin (c) The total amount transferred under paragraph (a) may not exceed $1,000,000.
new text end

new text begin (d) If the council transfers funds under this subdivision, the council shall amend the
annual distribution plan described in Minnesota Statutes, section 473.25, paragraph (d),
and include information about the transfer in the annual report required under Minnesota
Statutes, section 473.25, paragraph (e).
new text end

new text begin Subd. 2. new text end

new text begin Right-of-way acquisition loan fund. new text end

new text begin (a) Notwithstanding Minnesota
Statutes, section 473.167, or any other law, the Metropolitan Council may transfer to its
transit operating budget in 2009, 2010, and 2011 funds from the amounts levied and
collected in 2009, 2010, and 2011 under Minnesota Statutes, section 473.167, subdivision
3.
new text end

new text begin (b) The total amount transferred under paragraph (a) may not exceed $3,000,000.
new text end

new text begin Subd. 3. new text end

new text begin Use of transferred funds. new text end

new text begin The council shall use the amounts transferred
under subdivisions 1 and 2 to cover operating deficits for the transit, paratransit, and light
rail and commuter rail services provided or assisted by the council under Minnesota
Statutes, sections 473.371 to 473.449.
new text end

new text begin EFFECTIVE DATE; APPLICATION. new text end

new text begin This section is effective the day following
final enactment and applies in the counties of Anoka, Carver, Dakota, Hennepin, Ramsey,
Scott, and Washington.
new text end

Sec. 15. new text begin MAINTENANCE OF EFFORT.
new text end

new text begin (a) On or after the effective date of this section, with transit, paratransit, and light
rail and commuter rail services provided by the Metropolitan Council under Minnesota
Statutes, sections 473.371 to 473.449, the council may not (1) increase fares, or (2) reduce
service, including but not limited to reducing the frequency of bus or rail service, or
eliminating existing routes.
new text end

new text begin (b) This section applies to transit operators receiving financial assistance from the
council under Minnesota Statutes, sections 473.384; 473.386; 473.388; and 473.405,
subdivision 12.
new text end

new text begin (c) This provision applies for calendar years 2009, 2010, and 2011.
new text end

new text begin EFFECTIVE DATE; APPLICATION. new text end

new text begin This section is effective the day following
final enactment and applies in the counties of Anoka, Carver, Dakota, Hennepin, Ramsey,
Scott, and Washington.
new text end

Sec. 16. new text begin PASSENGER RAIL REPORT.
new text end

new text begin By February 1, 2010, the commissioner of transportation shall report to the chairs
and ranking minority members of the legislative committees with jurisdiction over
transportation policy and finance concerning the status of passenger rail in this state.
The report must be made electronically and made available in print only upon request.
The report must include a summary of the current status of passenger rail projects and
recommend:
new text end

new text begin (1) a public participation process for intercity passenger rail planning;
new text end

new text begin (2) appropriate participation and levels of review by local units of government;
new text end

new text begin (3) future sources of funding for capital costs and operations;
new text end

new text begin (4) definitions to distinguish passenger rail from commuter rail;
new text end

new text begin (5) legislative changes to facilitate and improve the passenger rail planning processes
and operation; and
new text end

new text begin (6) state operating subsidy mechanisms designed to create local tax equity between
communities served by passenger rail and communities served by commuter rail.
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. 17. new text begin LAND USE AND PLANNING REPORT.
new text end

new text begin (a) The Metropolitan Council shall transfer $500,000 from the livable communities
demonstration account in the metropolitan livable communities fund to the Board of
Regents of the University of Minnesota for the Center for Transportation Studies to
develop the resources and report as provided in this section.
new text end

new text begin (b) By December 15, 2010, the Center for Transportation Studies shall develop
resources for use by local governments and the Metropolitan Council to identify land use
and transportation planning strategies and processes to support the reduction of greenhouse
gas emissions through the reduction of per capita vehicle miles driven. The resources must
take into account recent transportation trends, including travel and demographic trends
specific to the Twin Cities Metropolitan Area. The Center for Transportation Studies shall
identify and use existing information and models to the extent they are useful and accurate.
The Center for Transportation Studies shall collaborate with the Metropolitan Council and
local units of government interested in development and refinement of the resources.
new text end

new text begin (c) By January 15, 2011, the Center for Transportation Studies shall submit a
report on the resources and findings to the chairs and ranking minority members of the
house of representatives and senate committees having jurisdiction over transportation
policy and finance.
new text end