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Minnesota Legislature

Office of the Revisor of Statutes

HF 1309

4th Engrossment - 86th Legislature (2009 - 2010) Posted on 02/09/2010 01:48am

KEY: stricken = removed, old language.
underscored = added, new language.
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A bill for an act
relating to transportation; appropriating money for transportation, Metropolitan
Council, and public safety activities and programs; providing for fund transfers,
contingent appropriations, and tort claims; modifying previous appropriations;
authorizing sale of trunk highway bonds; modifying various provisions related
to transportation finance and policy; providing for and modifying disposition
of various fees, revenues, and accounts; clarifying appropriate uses of trunk
highway fund; providing for mitigation of transportation construction impacts on
business; increasing set-aside from municipal state-aid fund for administrative
costs; establishing Stillwater lift bridge endowment account; regulating records
of commercial drivers; modifying provisions related to transit services,
fracture-critical bridges, passenger rail, and motor vehicle sales tax revenue
allocations; establishing discount transit passes pilot program; authorizing
Metropolitan Council to convey certain real property including the Apple Valley
Transit Station; establishing Design-Build Project Selection Council and pilot
program; adding provisions relating to bus purchases and a Mississippi River
crossing near St. Cloud; requiring reports; amending Minnesota Statutes 2008,
sections 16A.152, subdivision 2; 161.20, subdivision 3; 162.12, subdivision 2;
168.017, subdivision 5; 168.021, subdivision 4; 168.10, subdivision 1i; 168.29;
168.62, subdivision 3; 174.24, subdivisions 1a, 5, by adding a subdivision;
174.50, by adding a subdivision; 297B.09, subdivision 1; 473.408, by adding
a subdivision; Laws 2007, chapter 143, article 1, section 3, subdivision 2,
as amended; Laws 2008, chapter 152, article 1, sections 3, subdivision 2; 5;
proposing coding for new law in Minnesota Statutes, chapters 160; 165; 171; 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 98,385,000
new text end
new text begin $
new text end
new text begin 95,885,000
new text end
new text begin $
new text end
new text begin 194,270,000
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 1,264,921,000
new text end
new text begin 1,372,687,000
new text end
new text begin 2,637,608,000
new text end
new text begin Total
new text end
new text begin $
new text end
new text begin 2,074,580,000
new text end
new text begin $
new text end
new text begin 2,212,985,000
new text end
new text begin $
new text end
new text begin 4,287,565,000
new text end

Sec. 2. new text beginTRANSPORTATION 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 beginDEPARTMENT 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 1,848,892,000
new text end
new text begin $
new text end
new text begin 1,987,197,000
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 18,191,000
new text end
new text begin 15,691,000
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 1,178,053,000
new text end
new text begin 1,286,019,000
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) Aeronautics
new text end
new text begin (1) 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
360.305, subdivision 4, paragraph (c),
of the appropriation in fiscal year 2010,
the commissioner may provide a local
contribution for aeronautics project elements
if:
new text end

new text begin (1) federal funds are made available for the
project in federal fiscal year 2009 by the
United States Department of Transportation,
Federal Aviation Administration from the
airport improvement program under United
States Code, title 49, section 47101, et seq.;
new text end

new text begin (2) the project requires a five percent match
from nonfederal sources; and
new text end

new text begin (3) the airport is not classified as a key
system airport, as provided in Minnesota
Statutes, section 360.305, subdivision 3.
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 If the appropriation for either year does not
exhaust the balance in the state airports fund,
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 purpose of
airport development and assistance and must
be spent according to Minnesota Statutes,
section 360.305, subdivision 4.
new text end

new text begin (2) 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 (b) Transit
new text end
new text begin 18,036,000
new text end
new text begin 15,536,000
new text end
new text begin Appropriations by Fund
new text end
new text begin General
new text end
new text begin 17,261,000
new text end
new text begin 14,761,000
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 $17,261,000
for each year.
new text end

new text begin Of these appropriations from the general
fund, $19,300 in each year is for the
administrative expenses of the Minnesota
Council on Transportation Access, and for
other costs relating to the preparation of
required reports, including the costs of hiring
a consultant, if the council is created.
new text end

new text begin (c) 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 (d) 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 The commissioner of transportation shall
enter into an agreement to either forgive
any money due (approximately $2,851,118)
on loan agreements 65572 and 67106 or
convert the loans to grants. The loans were
made to the Buffalo Ridge Regional Railroad
Authority, which was established by Rock
and Nobles Counties, to enable the counties
to purchase and rehabilitate 41.4 miles of rail
line providing transportation service to the
counties. The agreement must ensure that all
terms, provisions, and conditions of the loan
agreements are deemed to be fully satisfied
and performed on the part of the railroad
authority and counties. If the railroad
authority sells all or any part of the rail line
that has been rehabilitated with either of the
loans, the railroad authority must pay the
net proceeds to the commissioner, up to the
amount loaned.
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 251,643,000
new text end
new text begin 245,892,000
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) Infrastructure Investment and Planning
new text end
new text begin (1) Infrastructure Investment Support
new text end
new text begin 201,461,000
new text end
new text begin 196,935,000
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 $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 (2) State Road Construction
new text end
new text begin 551,300,000
new text end
new text begin 598,700,000
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 250,200,000
new text end
new text begin 210,200,000
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 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 shall expend up to
one-half of one percent of the federal
appropriations under this paragraph as grants
to opportunity industrialization centers and
other nonprofit job training centers for
job training programs related to highway
construction.
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 (3) Highway Debt Service
new text end
new text begin 101,170,000
new text end
new text begin 173,400,000
new text end

new text begin $86,517,000 the first year and $157,304,000
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 (c) 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 43,440,000
new text end
new text begin 42,449,000
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 43,415,000
new text end
new text begin 42,424,000
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 17,443,000
new text end
new text begin 17,047,000
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 17,387,000
new text end
new text begin 16,991,000
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; and the
remainder in each year to the county turnback
account in the county state-aid highway 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 The commissioner must allocate money
appropriated in this section so as to maximize
the use of all available federal money from
the American Recovery and Reinvestment
Act of 2009, Public Law 111-5, and to the
extent possible, any other federal funding.
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, with
the approval of the governor and the written
approval of at least five members of a
group consisting of: (1) the members of the
Legislative Advisory Commission under
Minnesota Statutes, section 3.30; and (2) the
ranking minority members of the house of
representatives and senate committees with
jurisdiction over transportation finance, may
transfer all or part of the unappropriated
balance in the trunk highway fund to an
appropriation (1) for 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) for trunk highway
maintenance in order to meet an emergency,
or (3) to pay tort or environmental claims.
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. The amount
transferred is appropriated for the purpose of
the account to which it is transferred.
new text end

new text begin Subd. 9. new text end

new text begin Appropriations Carryforward
new text end

new text begin Notwithstanding Minnesota Statutes, section
16A.28, or any other law to the contrary, the
commissioner may carry forward to fiscal
years 2010 and 2011 any unexpended and
unencumbered operating balances from trunk
highway appropriations for fiscal year 2009.
new text end

new text begin Subd. 10. new text end

new text begin Use of Trunk Highway Fund
new text end

new text begin No transfer or expenditure of trunk highway
funds may be made for the purpose of paying
personnel costs incurred on behalf of the
Governor's Office.
new text end

new text begin Subd. 11. new text end

new text begin Disadvantaged Business Enterprise
Program
new text end

new text begin The commissioner shall, in utilizing these
appropriations, comply in all respects
with Minnesota Statutes, section 174.03,
subdivision 11.
new text end

Sec. 4. new text beginMETROPOLITAN 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 72,235,000
new text end
new text begin $
new text end
new text begin 72,235,000
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 66,942,000
new text end
new text begin 66,942,000
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 Of this amount, $80,700 in each year is for
the administrative expenses of the Minnesota
Council on Transportation Access, and for
other costs relating to the preparation of
required reports, including the costs of hiring
a consultant, if the council is created.
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

Sec. 5. new text beginDEPARTMENT 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 152,478,000
new text end
new text begin $
new text end
new text begin 152,578,000
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 7,959,000
new text end
new text begin 7,959,000
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 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 Trunk Highway
new text end
new text begin 86,068,000
new text end
new text begin 85,868,000
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 8,168,000
new text end
new text begin 8,168,000
new text end
new text begin Appropriations by Fund
new text end
new text begin General
new text end
new text begin 3,296,000
new text end
new text begin 3,296,000
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 71,522,000
new text end
new text begin 71,522,000
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 71,393,000
new text end
new text begin 71,393,000
new text end
new text begin (b) Commercial Vehicle Enforcement
new text end
new text begin 7,996,000
new text end
new text begin 7,796,000
new text end

new text begin This appropriation is from the trunk highway
fund.
new text end

new text begin $800,000 the first year and $600,000 the
second year are for the Office of Pupil
Transportation Safety.
new text end

new text begin (c) Capitol Security
new text end
new text begin 3,113,000
new text end
new text begin 3,113,000
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 The commissioner of public safety shall
spend 50 percent of the money available
to the state under Public Law 105-206,
section 164, and the remaining 50 percent
must be transferred to the commissioner
of transportation for hazard elimination
activities under United States Code, title 23,
section 152.
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

new text begin Subd. 7. new text end

new text begin Use of Trunk Highway Fund
new text end

new text begin No transfer or expenditure of trunk highway
funds may be made for the purpose of paying
personnel costs incurred on behalf of the
Governor's Office.
new text end

Sec. 6. new text beginGENERAL 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 may
only be spent with the approval of the
governor and the written approval of at least
five members of a group consisting of (1)
the members of the Legislative Advisory
Commission under Minnesota Statutes,
section 3.30, and (2) the ranking minority
members of the house of representatives and
senate committees with jurisdiction over
transportation finance.
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 beginTORT 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 21,316,000
new text end
Trunk Highway
740,000
761,000

new text begin Of the appropriation in fiscal year 2009,
$2,500,000 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

new text begin Notwithstanding Minnesota Statutes, section
16A.28, subdivision 6, this appropriation is
available for fiscal years 2010 and 2011.
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$77,000,000deleted text endnew text begin $33,000,000new 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

Sec. 10. new text beginMETROPOLITAN LIVABLE COMMUNITIES FUND; TRANSFERS.
new text end

new text begin 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 money that is not committed to grant or loan awards made by the council as follows:
new text end

new text begin (1) up to 50 percent of the revenues and amounts credited, transferred, or distributed
to the tax base revitalization account in 2009, 2010, and 2011, pursuant to Minnesota
Statutes, section 473.252;
new text end

new text begin (2) up to 50 percent of the revenues and amounts credited, transferred, or distributed
to the metropolitan livable communities demonstration account in 2009, 2010, and 2011
pursuant to Minnesota Statutes, section 473.253; and
new text end

new text begin (3) balances in the metropolitan livable communities fund accounts in 2009, 2010,
and 2011.
new text end

new text begin The council shall use the amounts transferred 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. If the council transfers
funds pursuant to this section, 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

Sec. 11. new text beginRIGHT-OF-WAY ACQUISITION LOAN FUND; TRANSFERS.
new text end

new text begin 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 up to 75 percent of the amounts levied and collected in 2009, 2010, and 2011
under Minnesota Statutes, section 473.167, subdivision 3. The council shall use the
amounts transferred 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

ARTICLE 2

TRUNK HIGHWAY BONDS

Section 1. new text beginHIGHWAY APPROPRIATION AND BOND SALE.
new text end

new text begin Subdivision 1. new text end

new text begin Appropriation. new text end

new text begin $40,000,000 is appropriated from the bond
proceeds account in the trunk highway fund to the commissioner of transportation for
(1) construction of interchanges involving a trunk highway, where the interchange will
promote economic development, increase employment, relieve growing traffic congestion,
and promote traffic safety; and (2) local match for any federal grants made available to the
state. The amount under this paragraph must be allocated 50 percent to the department's
metropolitan district, and 50 percent to districts in greater Minnesota. At least $20,000,000
of this appropriation must be expended as provided under clause (1). This amount is in
addition to existing appropriations for this purpose.
new text end

new text begin Subd. 2. new text end

new text begin Bond sale. new text end

new text begin To provide the money appropriated in subdivision 1 from the
bond proceeds account in the trunk highway fund, the commissioner of finance shall sell
and issue bonds of the state in an amount up to $40,000,000 in the manner, upon the terms,
and with the effect prescribed by Minnesota Statutes, sections 167.50 to 167.52, and
by the Minnesota Constitution, article XIV, section 11, at the times and in the amounts
requested by the commissioner of transportation. The proceeds of the bonds, except
accrued interest and any premium received from the sale of the bonds, must be deposited
in the bond proceeds account in the trunk highway fund.
new text end

Sec. 2. new text beginEFFECTIVE DATE.
new text end

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

ARTICLE 3

TRANSPORTATION FINANCE AND POLICY

Section 1.

Minnesota Statutes 2008, section 16A.152, subdivision 2, is amended to
read:


Subd. 2.

Additional revenues; priority.

(a) If on the basis of a forecast of general
fund revenues and expenditures, the commissioner of finance determines that there will be
a positive unrestricted budgetary general fund balance at the close of the biennium, the
commissioner of finance must allocate money to the following accounts and purposes in
priority order:

(1) the cash flow account established in subdivision 1 until that account reaches
$350,000,000;

(2) the budget reserve account established in subdivision 1a until that account
reaches $653,000,000;

(3) the amount necessary to increase the aid payment schedule for school district
aids and credits payments in section 127A.45 to not more than 90 percent rounded to the
nearest tenth of a percent without exceeding the amount available and with any remaining
funds deposited in the budget reserve; deleted text beginand
deleted text end

(4) the amount necessary to restore all or a portion of the net aid reductions under
section 127A.441 and to reduce the property tax revenue recognition shift under section
123B.75, subdivision 5, paragraph (b), and Laws 2003, First Special Session chapter 9,
article 5, section 34, as amended by Laws 2003, First Special Session chapter 23, section
20, by the same amountnew text begin; and
new text end

new text begin (5) to the state airports fund, the amount necessary to restore the amount transferred
from the state airports fund under Laws 2008, chapter 363, article 11, section 3,
subdivision 5
new text end.

(b) The amounts necessary to meet the requirements of this section are appropriated
from the general fund within two weeks after the forecast is released or, in the case of
transfers under paragraph (a), clauses (3) and (4), as necessary to meet the appropriations
schedules otherwise established in statute.

(c) To the extent that a positive unrestricted budgetary general fund balance is
projected, appropriations under this section must be made before section 16A.1522 takes
effect.

(d) The commissioner of finance shall certify the total dollar amount of the
reductions under paragraph (a), clauses (3) and (4), to the commissioner of education. The
commissioner of education shall increase the aid payment percentage and reduce the
property tax shift percentage by these amounts and apply those reductions to the current
fiscal year and thereafter.

Sec. 2.

new text begin [160.165] MITIGATION OF TRANSPORTATION CONSTRUCTION
IMPACTS ON BUSINESS.
new text end

new text begin Subdivision 1. new text end

new text begin Definitions. new text end

new text begin For the purposes of this section, the following terms
have the meanings given:
new text end

new text begin (1) "project" means construction work to maintain, construct, reconstruct, or
improve a street or highway;
new text end

new text begin (2) "substantial business impacts" means impairment of road access, parking, or
visibility for one or more business establishments as a result of a project, for a minimum
period of one month; and
new text end

new text begin (3) "transportation authority" means the commissioner, as to trunk highways; the
county board, as to county state-aid highways and county highways; the town board, as to
town roads; and statutory or home rule charter cities, as to city streets.
new text end

new text begin Subd. 2. new text end

new text begin Business liaison. new text end

new text begin (a) Before beginning construction work on a project,
a transportation authority shall identify whether the project is anticipated to include
substantial business impacts. For such projects, the transportation authority shall designate
an individual to serve as business liaison between the transportation authority and affected
businesses.
new text end

new text begin (b) The business liaison shall consult with affected businesses before and
during construction to investigate means of mitigating project impacts to businesses.
The mitigation considered must include signage. The business liaison shall provide
information to the identified businesses before and during construction, concerning project
duration and timetables, lane and road closures, detours, access impacts, customer parking
impacts, visibility, noise, dust, vibration, and public participation opportunities.
new text end

Sec. 3.

Minnesota Statutes 2008, section 161.20, subdivision 3, is amended to read:


Subd. 3.

Trunk highway fund appropriations.

The commissioner may expend
trunk highway funds only for trunk highway purposes. Payment of expenses related
to Bureau of Criminal Apprehension laboratory, Explore Minnesota Tourism kiosks,
Minnesota Safety Council, tort claims, driver education programs, Emergency Medical
Services Board, and Mississippi River Parkway Commissionnew text begin, and personnel costs incurred
on behalf of the Governor's Office
new text end do not further a highway purpose and do not aid in the
construction, improvement, or maintenance of the highway system.

Sec. 4.

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


Subd. 2.

Administrative costs.

A sum of deleted text begin1-1/2deleted text endnew text begin twonew 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.

new text begin [165.15] STILLWATER LIFT BRIDGE ENDOWMENT ACCOUNT.
new text end

new text begin Subdivision 1. new text end

new text begin Account established. new text end

new text begin The Stillwater lift bridge endowment account
is established in the state treasury. The account may consist of appropriations made by the
state of Minnesota or Wisconsin and may include federal funds. The account may also
receive private contributions, gifts, or grants under section 16A.013. Any interest or profit
accruing from investment of these sums is credited to the account.
new text end

new text begin Subd. 2. new text end

new text begin Use of funds. new text end

new text begin (a) Income derived from the investment of principal in the
account may be used by the commissioner of transportation for operations and routine
maintenance of the Stillwater lift bridge. No money from this account may be used for
any purposes except those described in this section, and no money from this account
may be transferred to any other account in the state treasury without specific legislative
authorization. Any money transferred from the trunk highway fund may only be used for
trunk highway purposes. For the purposes of this section:
new text end

new text begin (1) "Income" is the amount of interest on debt securities and dividends on equity
securities. Any gains or losses from the sale of securities must be added to the principal
of the account.
new text end

new text begin (2) "Routine maintenance" means activities that are predictable and repetitive, but
not activities that would constitute major repairs or rehabilitation.
new text end

new text begin (b) Investment management fees incurred by the State Board of Investment are
eligible expenses for reimbursement from the account.
new text end

new text begin (c) The commissioner of transportation has authority to approve or deny expenditures
of funds in the account.
new text end

new text begin Subd. 3. new text end

new text begin Appropriation. new text end

new text begin Income derived from the investment of principal in the
account is appropriated annually to the commissioner of transportation for the purposes
described in this section.
new text end

new text begin Subd. 4. new text end

new text begin Financial compliance. new text end

new text begin The commissioner of transportation shall ensure
that the account complies with the regulations in OMB circulars A87, Cost Principles for
State, Local and Indian Tribal Governments, and A122, Cost Principles for Non-Profit
Organizations, of the United States Office of Management and Budget (OMB).
new text end

new text begin Subd. 5. new text end

new text begin Investment. new text end

new text begin The State Board of Investment, in consultation with the
commissioner of transportation, shall invest money in the account under section 11A.24.
new text end

new text begin Subd. 6. new text end

new text begin Demolition. new text end

new text begin If the commissioner determines, in consultation with the
State Historic Preservation Office, that it is necessary to demolish the Stillwater lift
bridge, the principal in the account may be spent to pay for demolition of the bridge, and
is appropriated to the commissioner of transportation only for that purpose, except that
only funds originally contributed by the state or federal government can be used to pay
for demolition. Any money remaining in the account after demolition must be used to
pay for the preservation of other historic bridges in consultation with the State Historic
Preservation Office.
new text end

new text begin Subd. 7. new text end

new text begin Audits. new text end

new text begin The account is subject to audit by the legislative auditor.
new text end

new text begin Subd. 8. new text end

new text begin Reports required. new text end

new text begin The commissioner of transportation shall report
annually to the chair and ranking minority member of each legislative committee with
jurisdiction over transportation on the endowment account. At a minimum, the report
must include detailed revenue and expenditure information.
new text end

Sec. 6.

Minnesota Statutes 2008, section 168.017, subdivision 5, is amended to read:


Subd. 5.

Registration period extension for leased vehicle.

(a) Notwithstanding
subdivisions 3 and 4, a person leasing for at least one year a vehicle registered under
this section may obtain an extension of the motor vehicle's registration period for the
unexpired portion of the lease period, for a period not to exceed 11 months beyond the
expiration of the registration period.

(b) In order to obtain an extension under this subdivision a lessee must

(1) apply to the registrar on a form the registrar prescribes;

(2) submit to the registrar a copy of the lease;

(3) pay an administrative fee of $5; and

(4) pay a tax of 1/12 of the tax for the registration period being extended for each
month of the extension.

(c) On an applicant's compliance with paragraph (b) the registrar shall issue the
applicant a license plate tab or sticker designating the new month of expiration of the
registration. The extended registration expires on the tenth day of the month following
the month designated on the tab or sticker.

(d) All fees collected under paragraph (b), clause (3), must be deposited in the new text beginvehicle
services operating account under section 299A.705, subdivision 1. Taxes collected under
paragraph (b), clause (4), must be deposited in the
new text endhighway user tax distribution fund.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective retroactively from August 1, 2005,
for fees collected on or after that date.
new text end

Sec. 7.

Minnesota Statutes 2008, section 168.021, subdivision 4, is amended to read:


Subd. 4.

Fees; disposition.

All fees collected from the sale of disability plates
under this section must be deposited in the state treasury to the credit of the deleted text beginhighway
user tax distribution fund
deleted text endnew text begin vehicle services operating account under section 299A.705,
subdivision 1
new text end.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective retroactively from August 1, 2005,
for fees collected on or after that date.
new text end

Sec. 8.

Minnesota Statutes 2008, section 168.10, subdivision 1i, is amended to read:


Subd. 1i.

Collector plate transfer.

Notwithstanding section 168.12, subdivision 1,
on payment of a transfer fee of $5, plates issued under this section may be transferred to
another vehicle owned or jointly owned by the person to whom the special plates were
issued or the plate may be assigned to another owner. In addition to the transfer fee a new
owner must pay the $25 tax and any fee required by section 168.12, subdivision 2a. The
$5 fee must be paid into the state treasury and credited to the deleted text beginhighway user tax distribution
fund
deleted text endnew text begin vehicle services operating account under section 299A.705, subdivision 1new text end. License
plates issued under this section may not be transferred to a vehicle not eligible for the
collector's vehicle license plates.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective retroactively from August 1, 2005,
for fees collected on or after that date.
new text end

Sec. 9.

Minnesota Statutes 2008, section 168.29, is amended to read:


168.29 REPLACEMENT PLATES.

(a) In the event of the defacement, loss or destruction of any number plates or
validation stickers, the registrar, upon receiving and filing a sworn statement of the vehicle
owner, setting forth the circumstances of the defacement, loss, destruction or theft of
the number plates or validation stickers, together with any defaced plates or stickers
and the payment of a fee calculated to cover the cost of replacement, shall issue a new
set of plates or stickers.

(b) The registrar shall then note on the registrar's records the issue of new number
plates and shall proceed in such manner as the registrar may deem advisable to cancel and
call in the original plates so as to insure against their use on another motor vehicle.

(c) Duplicate registration certificates plainly marked as duplicates may be issued
in like cases upon the payment of a $1 fee. Fees collected under this section must be
paid into the state treasury and credited to the deleted text beginhighway user tax distribution funddeleted text endnew text begin vehicle
services operating account under section 299A.705, subdivision 1
new text end.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective retroactively from August 1, 2005,
for fees collected on or after that date.
new text end

Sec. 10.

Minnesota Statutes 2008, section 168.62, subdivision 3, is amended to read:


Subd. 3.

Special plates or certificate; fee; proceeds to highway user fund.

At the
same time that an owner or operator of intercity buses registers them in Minnesota and
obtains number plates therefor, the owner or operator shall apply for special identification
plates or certificates for the remainder of that fleet of intercity buses. The registrar of
motor vehicles shall design an appropriate plate or identification certificate for this
purpose which shall be issued upon the payment of a fee of $10 covering each intercity
bus so identified. The proceeds of such fees shall be deposited to the credit of the deleted text beginhighway
user tax distribution fund
deleted text endnew text begin vehicle services operating account under section 299A.705,
subdivision 1
new text end. No intercity bus shall at any time be operated in the state of Minnesota
without either Minnesota number plates or special identification plates or certificates
issued as herein provided.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective retroactively from August 1, 2005,
for fees collected on or after that date.
new text end

Sec. 11.

new text begin [171.163] COMMERCIAL DRIVER'S LICENSE RECORD KEEPING.
new text end

new text begin An agency, court, or public official in Minnesota shall not mask, defer imposition of
judgment, or allow an individual to enter into a diversion program that would prevent a
conviction for a violation of a state or local traffic control law, except a parking violation,
from appearing on the driving record of a holder of a commercial driver's license, when
the violation is committed in any type of motor vehicle, or on the driving record of an
individual who committed the violation in a commercial motor vehicle.
new text end

Sec. 12.

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 beginThe plan must also provide that recipients of operating assistance
under this section provide fixed route public transit service without charge for disabled
veterans in accordance with subdivision 7.
new text endThe 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. 13.

Minnesota Statutes 2008, section 174.24, subdivision 5, is amended to read:


Subd. 5.

Method of payment, operating assistance.

Payments for operating
assistance under this section must be made in the following manner:

(a) For payments made from the general fund:

(1) 50 percent of the total contract amount innew text begin or beforenew text end the first month of operation;

(2) 40 percent of the total contract amount innew text begin or beforenew text end the seventh month of
operation;

(3) 9 percent of the total contract amount innew text begin or beforenew text end the 12th month of operation;
and

(4) 1 percent of the total contract amount after the final audit.

(b) For payments made from the greater Minnesota transit account:

(1) 50 percent of the total contract amount innew text begin or beforenew text end the seventh month of
operation; and

(2) 50 percent of the total contract amount innew text begin or beforenew text end the 11th month of operation.

Sec. 14.

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 fixed route public transit, shall provide fixed route 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. 15.

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. 16.

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. 17.

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. 18.

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. 19.

Minnesota Statutes 2008, section 297B.09, subdivision 1, is amended to read:


Subdivision 1.

Deposit of revenues.

(a) Money collected and received under this
chapter must be deposited as provided in this subdivision.

(b) From July 1, 2007, through June 30, 2008, 38.25 percent of the money collected
and received must be deposited in the highway user tax distribution fund, 24 percent must
be deposited in the metropolitan area transit account under section 16A.88, and 1.5 percent
must be deposited in the greater Minnesota transit account under section 16A.88. The
remaining money must be deposited in the general fund.

(c) From July 1, 2008, through June 30, 2009, 44.25 percent of the money collected
and received must be deposited in the highway user tax distribution fund, 27.75 percent
must be deposited in the metropolitan area transit account under section 16A.88, 1.75
percent must be deposited in the greater Minnesota transit account under section 16A.88,
and the remaining money must be deposited in the general fund.

deleted text begin (d) From July 1, 2009, through June 30, 2010, 50.25 percent of the money collected
and received must be deposited in the highway user tax distribution fund, 30 percent must
be deposited in the metropolitan area transit account under section 16A.88, 3.5 percent
must be deposited in the greater Minnesota transit account under section 16A.88, and the
remaining money must be deposited in the general fund.
deleted text end

new text begin (d) From July 1, 2009, through June 30, 2010, 47.5 percent of the money collected
and received must be deposited in the highway user tax distribution fund, 30 percent
must be deposited in the metropolitan area transit account under section 16A.88, 3.5
percent must be deposited in the greater Minnesota transit account under section 16A.88,
and 16.25 percent must be deposited in the general fund. The remaining amount must
be deposited as follows:
new text end

new text begin (1) 1.5 percent in the metropolitan area transit account, except that any amount in
excess of $6,000,000 must be deposited in the highway user tax distribution fund; and
new text end

new text begin (2) 1.25 percent in the greater Minnesota transit account, except that any amount in
excess of $5,000,000 must be deposited in the highway user tax distribution fund.
new text end

deleted text begin (e) From July 1, 2010, through June 30, 2011, 56.25 percent of the money collected
and received must be deposited in the highway user tax distribution fund, 33.75 percent
must be deposited in the metropolitan area transit account under section 16A.88, 3.75
percent must be deposited in the greater Minnesota transit account under section 16A.88,
and the remaining money must be deposited in the general fund.
deleted text end

new text begin (e) From July 1, 2010, through June 30, 2011, 54.5 percent of the money collected
and received must be deposited in the highway user tax distribution fund, 33.75 percent
must be deposited in the metropolitan area transit account under section 16A.88, 3.75
percent must be deposited in the greater Minnesota transit account under section 16A.88,
and 6.25 percent must be deposited in the general fund. The remaining amount must
be deposited as follows:
new text end

new text begin (1) 1.5 percent in the metropolitan area transit account, except that any amount in
excess of $6,750,000 must be deposited in the highway user tax distribution fund; and
new text end

new text begin (2) 0.25 percent in the greater Minnesota transit account, except that any amount in
excess of $1,250,000 must be deposited in the highway user tax distribution fund.
new text end

(f) On and after July 1, 2011, 60 percent of the money collected and received must
be deposited in the highway user tax distribution fund, 36 percent must be deposited in
the metropolitan area transit account under section 16A.88, and four percent must be
deposited in the greater Minnesota transit account under section 16A.88.

new text begin (g) It is the intent of the legislature that the allocations under paragraph (f) remain
unchanged for fiscal year 2012 and all subsequent fiscal years.
new text end

Sec. 20.

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. 21.

Laws 2008, chapter 152, article 1, section 3, subdivision 2, is amended to read:


Subd. 2.

Multimodal Systems

(a) Transit
0
1,700,000

This appropriation is from the general fund.
This is a onetime appropriation.

(b) Rail
0
250,000

This appropriation is from the general
fund for a grant to the Northstar Corridor
Development Authority to fund advanced
preliminary engineering, updated
environmental documentation, property
appraisals, new text beginpark-and-ride lot construction,
new text endand negotiations with the railroad to extend
commuter rail service on the Burlington
Northern Santa Fe rail line between Big Lake
and Rice. This is a onetime appropriation
and is available until spent.

(c) Port Development Assistance
0
500,000

This appropriation is from the general fund
for grants under Minnesota Statutes, chapter
457A. Any improvements made with the
proceeds of these grants must be publicly
owned. This is a onetime appropriation.

Sec. 22. new text beginLAND USE AND PLANNING RESOURCES REPORT.
new text end

new text begin (a) By January 15, 2011, the Metropolitan Council shall submit a report to the chairs
and ranking minority members of the house of representatives and senate committees with
jurisdiction over transportation policy and finance. The report must identify and assess
the effectiveness of local level and regional level land use and transportation planning
strategies and processes for:
new text end

new text begin (1) reducing air pollution;
new text end

new text begin (2) mitigating congestion; and
new text end

new text begin (3) reducing costs for operation, maintenance, or improvement of infrastructure.
new text end

new text begin (b) The report must emphasize approaches that reduce or manage travel demand
through land use and access to transportation options.
new text end

new text begin (c) The Metropolitan Council shall (1) identify and adapt existing information and
resources that are found to be applicable to Minnesota, taking into account travel and
demographic trends specific to the Twin Cities metropolitan area; and (2) collaborate
with local units of government and other stakeholders interested in development and
refinement of the resources.
new text end

new text begin (d) The Metropolitan Council shall submit progress reports on development and
application of the land use and planning resources report to the chairs and ranking
minority members of the house of representatives and senate committees with jurisdiction
over transportation policy and finance by October 15, 2009; April 15, 2010; and October
15, 2010.
new text end

new text begin (e) The Metropolitan Council may enter into a contract for up to $375,000 with the
Board of Regents of the University of Minnesota for the Center for Transportation Studies
to assist in creation of the report required under this section.
new text end

Sec. 23. new text beginPASSENGER 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. 24. new text beginBUS PURCHASES.
new text end

new text begin The Metropolitan Council, in preparing bid specifications for bus purchases, shall
ensure that the specifications conform, to the greatest extent practicable, with products
that are manufactured in this state.
new text end

Sec. 25. new text beginST. CLOUD BRIDGE SITE.
new text end

new text begin The commissioner of transportation shall ensure that the economic impact on
existing area communities is evaluated and considered in analyzing potential alternative
sites and selecting potential and preferred sites for a Mississippi River crossing near St.
Cloud metropolitan area.
new text end

Sec. 26. new text beginCONVEYANCE OF LAND AND BUILDINGS.
new text end

new text begin Notwithstanding Minnesota Statutes, section 16A.695, subdivision 3, or any other
law to the contrary, the Metropolitan Council shall convey the Apple Valley Transit
Station and the real property on which it is situated, located in Dakota County, to the
Minnesota Valley Transit Authority for nominal consideration, in order to carry out the
governmental program and public purpose for which the Apple Valley Transit Station was
constructed. Any subsequent conveyance of this property by the Minnesota Valley Transit
Authority is subject to Minnesota Statutes, section 16A.695, subdivision 3.
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. 27. new text beginDISCOUNT TRANSIT PASSES PILOT PROGRAM.
new text end

new text begin (a) The Metropolitan Council shall establish a pilot program and policies to sell
transit fare media at a 50 percent discount to eligible charitable organizations for use by
homeless individuals. For the purposes of this section, "eligible charitable organization"
means a charitable organization described in section 501(c)(3) of the Internal Revenue
Code that provides services for homeless individuals, and "homeless individuals" means
homeless individuals or persons as defined in Minnesota Statutes, section 116L.361,
subdivision 5. The pilot program must include: (1) an organization located in Minneapolis
that provides a homeless shelter, a homeless street outreach program, and sober housing to
American Indian women recovering from chemical dependency; and (2) an organization
located in Minneapolis that provides transitional apartments for homeless families as well
as walk-in services for single adults, including meals and a food shelf. The pilot program
shall terminate March 15, 2011.
new text end

new text begin (b) By January 15, 2011, the chair of the Metropolitan Council shall prepare and
submit a report to the chairs and ranking minority members of the senate and house of
representatives committees having jurisdiction over transportation. The chair shall prepare
and submit the report with existing agency staff and resources. The report must be made
electronically and available in print only upon request. The report on the pilot program
must include a list of sales made under this subdivision, including organization name and
the volume of fare media purchased, and costs of providing the discounted service and
revenue impacts in the council's transit system. The report must be prepared in consultation
with representatives from the charitable organizations participating in the pilot program.
new text end

new text begin (c) Paragraphs (a) and (b) apply in the counties of Anoka, Carver, Dakota, Hennepin,
Ramsey, Scott, and Washington.
new text end

new text begin EFFECTIVE DATE. new text end

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

Sec. 28. new text beginDESIGN-BUILD PROJECT SELECTION COUNCIL.
new text end

new text begin Subdivision 1. new text end

new text begin Establishment of council. new text end

new text begin A Design-Build Project Selection
Council is established to select, evaluate, and support county and municipal transportation
projects on the state-aid system that are conducive to use of the design-build method of
contracting and to report to the legislature.
new text end

new text begin Subd. 2. new text end

new text begin Duties of council. new text end

new text begin In order to accomplish these purposes, the council shall:
new text end

new text begin (1) review applications for participation received by the commissioner from counties
and cities;
new text end

new text begin (2) select for participation in the pilot program a maximum of 15 projects on the
state-aid system, no more than ten of which may be on the county state-aid highway
system, and no more than ten of which may be on the municipal state-aid street system;
new text end

new text begin (3) determine that the use of design-build in the selected projects would serve the
public interest, after considering, at a minimum:
new text end

new text begin (i) the extent to which the municipality can adequately define the project
requirements in a proposed scope of the design and construction desired;
new text end

new text begin (ii) the time constraints for delivery of the project;
new text end

new text begin (iii) the capability of potential contractors with the design-build method of project
delivery;
new text end

new text begin (iv) the suitability of the project for use of the design-build method of project
delivery with respect to time, schedule, costs, and quality factors;
new text end

new text begin (v) the capability of the municipality to manage the project, including the
employment of experienced personnel or outside consultants; and
new text end

new text begin (vi) the original character of the product or the services;
new text end

new text begin (4) periodically review and evaluate the use of design-build in the selected projects;
and
new text end

new text begin (5) assist the commissioner in preparing a report to the legislature at the conclusion
of the pilot program.
new text end

new text begin Subd. 3. new text end

new text begin Membership. new text end

new text begin (a) The council is composed of the following members:
new text end

new text begin (1) two contractors, at least one of whom represents a small contracting firm,
selected by the Associated General Contractors, Minnesota chapter;
new text end

new text begin (2) two project designers selected by the American Council of Engineering
Companies, Minnesota chapter;
new text end

new text begin (3) one representative of a metropolitan area county selected by the Association
of Minnesota Counties;
new text end

new text begin (4) one representative of a greater Minnesota county selected by the Association
of Minnesota Counties;
new text end

new text begin (5) one representative of a metropolitan area city selected by the League of
Minnesota Cities;
new text end

new text begin (6) one representative of a greater Minnesota city selected by the League of
Minnesota Cities; and
new text end

new text begin (7) the commissioner of transportation or a designee from the Minnesota Department
of Transportation Division of State Aid for Local Transportation.
new text end

new text begin (b) All appointments required by paragraph (a) must be completed by August
1, 2009.
new text end

new text begin (c) The commissioner or the commissioner's designee shall convene the first meeting
of the council within two weeks after the members have been appointed to the council and
shall serve as chair of the council.
new text end

new text begin Subd. 4. new text end

new text begin Report to legislature. new text end

new text begin Annually, by January 15, the council shall submit
a report to the chairs and ranking minority members of the legislative committees with
jurisdiction over transportation budget and policy, and to the legislature as provided under
Minnesota Statutes, section 15.059. The report must summarize the design-build pilot
program selection process, including the number of applications considered; the proposal
process for each project that was selected; the contracting process for each project that was
completed; and project costs. The report must evaluate the process and results applying
the performance-based measures with which the commissioner evaluates trunk highway
design-build projects. The report must include any recommendations for future legislation.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment
and expires on October 1, 2012, or upon completion of nine design-build projects under
this pilot program, whichever occurs first.
new text end

Sec. 29. new text beginDESIGN-BUILD CONTRACTING PILOT PROGRAM.
new text end

new text begin Subdivision 1. new text end

new text begin Definitions. new text end

new text begin The following terms have the meanings given:
new text end

new text begin (1) "commissioner" means the commissioner of transportation;
new text end

new text begin (2) "municipality" means a county or statutory or home rule charter city;
new text end

new text begin (3) "design-build contract" means a single contract between a municipality and a
design-build company or firm to furnish the architectural or engineering and related design
services as well as the labor, material, supplies, equipment, and construction services for
the transportation project;
new text end

new text begin (4) "design-build firm" means a proprietorship, partnership, limited liability
partnership, joint venture, corporation, any type of limited liability company, professional
corporation, or any legal entity;
new text end

new text begin (5) "design professional" means a person who holds a license under Minnesota
Statutes, chapter 326B, that is required to be registered under Minnesota law;
new text end

new text begin (6) "design-build transportation project" means the procurement of both the design
and construction of a transportation project in a single contract with a company or
companies capable of providing the necessary engineering services and construction;
new text end

new text begin (7) "design-builder" means the design-build firm that proposes to design and build a
transportation project governed by the procedures of this section;
new text end

new text begin (8) "request for proposals" or "RFP" means the document by which the municipality
solicits proposals from qualified design-build firms to design and construct the
transportation project;
new text end

new text begin (9) "request for qualifications" or "RFQ" means a document to qualify potential
design-build firms; and
new text end

new text begin (10) "responsive proposal" means a technical proposal of which no major component
(i) contradicts the goals of the project, (ii) materially violates an RFP requirement so as
to give the proposer a competitive advantage, or (iii) places conditions on a proposal
inconsistent with the requirements of the RFP.
new text end

new text begin Subd. 2. new text end

new text begin Establishment of pilot program. new text end

new text begin (a) The commissioner of transportation
shall conduct a design-build contracting pilot program to select local transportation
projects for participation in the program, to conduct information sessions for engineers
and contractors, to support and evaluate the use of the design-build method of contracting
by counties and statutory and home rule charter cities in constructing, improving, and
maintaining streets and highways on the state-aid system, and to report to the legislature.
new text end

new text begin (b) The selection of design-build projects under the pilot program must be as made
by the Design-Build Project Selection Council established in section 28.
new text end

new text begin Subd. 3. new text end

new text begin Licensing requirements. new text end

new text begin (a) Each design-builder shall employ, or have
as a partner, member, officer, coventurer, or subcontractor, a person duly licensed and
registered to provide the design services required to complete the project and do business
in the state, including the provision of sureties of sufficient amount to protect the interests
of the awarding municipality.
new text end

new text begin (b) A design-builder may enter into a contract to provide professional or construction
services for a project that the design-builder is not licensed, registered, or qualified to
perform, so long as the design-builder provides those services through subcontractors with
duly licensed, registered, or otherwise qualified individuals in accordance with Minnesota
Statutes, sections 161.3410 to 161.3428.
new text end

new text begin (c) Nothing in this section authorizing design-build contracts is intended to limit or
eliminate the responsibility or liability owed by a professional on a design-build project to
the state, municipality, or other third party under existing law.
new text end

new text begin (d) The design service portion of a design-build contract must be considered a
service and not a product.
new text end

new text begin Subd. 4. new text end

new text begin Information session for municipal engineer. new text end

new text begin After a project is selected
for participation in the design-build contracting pilot program, the commissioner or the
commissioner's designee with design-build experience shall conduct an information
session for the municipality's engineer for each selected project, in which issues unique
to design-build must be discussed, including, but not limited to, writing an RFP, project
oversight requirements, assessing risk, and communication with the design-build firm.
After participation in the information session, the municipality's engineer is qualified to
post the selected project, along with any future design-build project RFP in the pilot
program.
new text end

new text begin Subd. 5. new text end

new text begin Technical Review Committee. new text end

new text begin During the phase one RFQ and before
solicitation, the municipality shall appoint a Technical Review Committee of at least
five individuals. The Technical Review Committee must include an individual whose
name and qualifications are submitted to the municipality by the Minnesota chapter of
the Associated General Contractors, after consultation with other commercial contractor
associations in the state. Members of the Technical Review Committee who are not state
employees are subject to the Minnesota Government Data Practices Act and Minnesota
Statutes, section 16C.06, to the same extent that state agencies are subject to those
provisions. A Technical Review Committee member may not participate in the review or
discussion of responses to the RFQ or RFP when a design-build firm in which the member
has a financial interest has responded to the RFQ or RFP. "Financial interest" includes,
but is not limited to, being or serving as an owner, employee, partner, limited liability
partner, shareholder, joint venturer, family member, officer, or director of a design-build
firm responding to an RFQ or RFP for a specific project, or having any other economic
interest in that design-build firm. The members of the Technical Review Committee must
be treated as municipal employees in the event of litigation resulting from any action
arising out of their service on the committee.
new text end

new text begin Subd. 6. new text end

new text begin Phase one; design-build RFQ. new text end

new text begin The municipality shall prepare an RFQ,
which must include the following:
new text end

new text begin (1) the minimum qualifications of design-builders necessary to meet the requirements
for acceptance;
new text end

new text begin (2) a scope of work statement and schedule;
new text end

new text begin (3) documents defining the project requirements;
new text end

new text begin (4) the form of contract to be awarded;
new text end

new text begin (5) the weighted selection criteria for compiling a short list and the number of firms
to be included in the short list, which must be at least two but not more than five;
new text end

new text begin (6) a description of the request for proposals (RFP) requirements;
new text end

new text begin (7) the maximum time allowed for design and construction;
new text end

new text begin (8) the municipality's estimated cost of design and construction;
new text end

new text begin (9) requirements for construction experience, design experience, financial, personnel,
and equipment resources available from potential design-builders for the project and
experience in other design-build transportation projects or similar projects, provided that
these requirements may not unduly restrict competition; and
new text end

new text begin (10) a statement that "past performance" or "experience" or other criteria used in the
RFQ evaluation process does not include the exercise or assertion of a person's legal rights.
new text end

new text begin Subd. 7. new text end

new text begin Information session for prospective design-build firms. new text end

new text begin After a
design-build project is advertised, any prospective design-build firm shall attend a
design-build information session conducted by the commissioner or the commissioner's
designee with design-build experience. The information must include information about
design-build contracts, including, but not limited to, communication with partner firms,
project oversight requirements, assessing risk, and communication with the municipality's
engineer. After participation in the information session, the design-build firm is eligible to
bid on the design-build project and any future design-build pilot program projects.
new text end

new text begin Subd. 8. new text end

new text begin Evaluation. new text end

new text begin The selection team shall evaluate the design-build
qualifications of responding firms and shall compile a short list of no more than five
most highly qualified firms in accordance with qualifications criteria described in the
RFQ. If only one design-build firm responds to the RFQ or remains on the short list, the
municipality may readvertise or cancel the project as the municipality deems necessary.
new text end

new text begin Subd. 9. new text end

new text begin Phase two; design-build RFP. new text end

new text begin The municipality shall prepare an RFP,
which must include:
new text end

new text begin (1) the scope of work, including (i) performance and technical requirements, (ii)
conceptual design, (iii) specifications consistent with state standards and specifications,
and (iv) functional and operational elements for the delivery of the completed project, all
of which must be prepared by a registered or licensed professional engineer;
new text end

new text begin (2) copies of the contract documents that the successful proposer will be expected to
sign;
new text end

new text begin (3) the maximum time allowable for design and construction;
new text end

new text begin (4) the road authority's estimated cost of design and construction;
new text end

new text begin (5) the requirement that a submitted proposal be segmented into two parts, a
technical proposal and a price proposal;
new text end

new text begin (6) the requirement that each proposal be in a separately sealed, clearly identified
package and include the date and time of the submittal deadline;
new text end

new text begin (7) the requirement that the technical proposal include a critical path method,
bar schedule of the work to be performed, or similar schematic; preliminary design
plans and specifications; technical reports; calculations; permit requirements; applicable
development fees; and other data requested in the RFP;
new text end

new text begin (8) the requirement that the price proposal contain all design, construction,
engineering, inspection, and construction costs of the proposed project;
new text end

new text begin (9) the requirement that surety be submitted equal to the total amount of the proposal;
new text end

new text begin (10) a description of the qualifications required of the design-builder and the
selection criteria, including the weight of each criterion and subcriterion;
new text end

new text begin (11) the date, time, and location of the public opening of the sealed price proposals;
new text end

new text begin (12) the amount of, and eligibility for, a stipulated fee;
new text end

new text begin (13) other information relevant to the project; and
new text end

new text begin (14) a statement that "past performance," "experience," or other criteria used in the
RFP evaluation process does not include the exercise or assertion of a person's legal rights.
new text end

new text begin Subd. 10. new text end

new text begin Design-build award; computation; announcement. new text end

new text begin A design-build
contract shall be awarded as follows:
new text end

new text begin (a) The Technical Review Committee shall score the technical proposals of the
proposers selected under subdivision 8 using the selection criteria in the RFP. The
Technical Review Committee shall then submit a technical proposal score for each
design-builder to the municipality. The Technical Review Committee shall reject any
nonresponsive proposal, including those unable to provide sufficient surety to guarantee
project completion. The municipality shall review the technical proposal scores.
new text end

new text begin (b) The commissioner or the commissioner's designee shall review the technical
proposal scores. The commissioner shall submit the final technical proposal scores to the
municipality.
new text end

new text begin (c) The municipality shall announce the technical proposal score for each
design-builder and shall publicly open the sealed price proposals and shall divide each
design-builder's price by the technical score that the commissioner has given to it to obtain
an adjusted score. The design-builder selected must be that responsive and responsible
design-builder whose adjusted score is the lowest.
new text end

new text begin (d) If a time factor is included with the selection criteria in the RFP package, the
municipality may use a value of the time factor established by the municipality as a
criterion in the RFP.
new text end

new text begin (e) Unless all proposals are rejected, the municipality shall award the contract
to the responsive and responsible design-builder with the lowest adjusted score. The
municipality shall reserve the right to reject all proposals.
new text end

new text begin (f) The municipality shall award a stipulated fee not less than two-tenths of one
percent of the municipality's estimated cost of design and construction to each short-listed,
responsible proposer who provides a responsive but unsuccessful proposal. If the
municipality does not award a contract, all short-listed proposers must receive the
stipulated fee. If the municipality cancels the contract before reviewing the technical
proposals, the municipality shall award each design-builder on the short list a stipulated
fee of not less than two-tenths of one percent of the municipality's estimated cost of
design and construction. The municipality shall pay the stipulated fee to each proposer
within 90 days after the award of the contract or the decision not to award a contract.
In consideration for paying the stipulated fee, the municipality may use any ideas or
information contained in the proposals in connection with any contract awarded for the
project or in connection with a subsequent procurement, without any obligation to pay
any additional compensation to the unsuccessful proposers. Notwithstanding the other
provisions of this subdivision, an unsuccessful short-list proposer may elect to waive
the stipulated fee. If an unsuccessful short-list proposer elects to waive the stipulated
fee, the municipality may not use ideas and information contained in that proposer's
proposal. Upon the request of the municipality, a proposer who waived a stipulated fee
may withdraw the waiver, in which case the municipality shall pay the stipulated fee to the
proposer and thereafter may use ideas and information in the proposer's proposal.
new text end

new text begin (g) The municipality shall not limit the ability of design-builders that have submitted
proposals to protest a contemplated or actual award by the commissioner by, among
other things, unreasonably restricting the time to protest; restricting the right to seek
judicial review of the commissioner's actions; attempting to change the judicial standard
of review; or requiring the protestor to pay attorney fees for an unsuccessful, nonfrivolous
protest. Unless all design-builders that have submitted proposals agree to execution of
a contract for the project without a waiting period beforehand, the municipality shall
wait at least seven days after both the award of the project and public disclosure of the
Technical Review Committee's scoring data and the successful proposal before executing
a contract for the project.
new text end

new text begin Subd. 11. new text end

new text begin Low-bid design-build process. new text end

new text begin (a) The municipality may also use
low-bid, design-build procedures to award a design-build contract where the scope of
the work can be clearly defined.
new text end

new text begin (b) Low-bid design-build projects may require an RFQ and short-listing, and must
require an RFP.
new text end

new text begin (c) Submitted proposals under this subdivision must include separately a technical
proposal and a price proposal. The low-bid, design-build procedures must follow a
two-step process for review of the responses to the RFP as follows:
new text end

new text begin (1) the first step is the review of the technical proposal by the Technical Review
Committee as provided in subdivision 5. The Technical Review Committee must open
the technical proposal first and must determine if it complies with the requirements of the
RFP and is responsive. The Technical Review Committee may not perform any ranking
or scoring of the technical proposals; and
new text end

new text begin (2) the second step is the determination of the low bidder based on the price
proposal. The municipality may not open the price proposal until the review of the
technical proposal is complete.
new text end

new text begin (d) The contract award under low-bid, design-build procedures must be made to the
proposer whose sealed bid is responsive to the technical requirements as determined by
the Technical Review Committee and that is also the lowest bid.
new text end

new text begin (e) A stipulated fee may be paid for unsuccessful bids on low-bid, design-build
projects only when the municipality has required an RFQ and short-listed the most highly
qualified responsive bidders.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment
and expires on October 1, 2012, or upon completion of nine design-build projects under
this pilot program, whichever occurs first.
new text end