HF 1708

as introduced - 84th Legislature (2005 - 2006) Posted on 12/15/2009 12:00am

A bill for an act
relating to highways; providing for counties to
contract with commissioner of transportation to
maintain trunk highways; proposing coding for new law
in Minnesota Statutes, chapter 161.

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

Section 1.

new text begin [161.395] MAINTENANCE OF TRUNK HIGHWAYS BY
COUNTIES.
new text end

new text begin Subdivision 1. new text end

new text begin Rules for maintenance by county. new text end

new text begin The
state trunk highway system must be maintained by the state at
state expense. The commissioner shall prescribe by rule
specifications for this maintenance and may contract, and after
December 31, 2004, shall contract, with any county road
authority to have all or certain parts of the work of
maintaining the state trunk highways within or beyond the limits
of a county, including interstate highways and bridges,
performed by the county. Any county may enter, and after
December 31, 2004, shall enter, into a contract with the
commissioner to perform the maintenance, except as may be
otherwise provided in subdivision 7.
new text end

new text begin Subd. 2. new text end

new text begin Maintenance activities. new text end

new text begin (a) General maintenance
activities include the application of protective coatings; the
removal and control of snow; the removal, treatment, and sanding
of ice; the interim repair of highway surfaces and adjacent
structures; and all other operations, activities, and processes
required on a continuing basis for preserving the highways on
the state trunk highway system.
new text end

new text begin (b) Maintenance activities also include the care and
protection of trees and other roadside and median vegetation;
suitable plantings to prevent soil erosion or to beautify
highways; and all measures deemed necessary to provide adequate
traffic service.
new text end

new text begin (c) Special maintenance activities may include the
restoration, reinforcement, complete repair, or other activities
that the commissioner deems are necessary on an individual basis
for specified portions of any particular trunk highway.
new text end

new text begin Subd. 3. new text end

new text begin Emergency activities. new text end

new text begin To accomplish prompt
repair, protection, or preservation of any trunk highway that
has been closed or is being jeopardized by extraordinary damage
by flood, structure failure, slides, or other extraordinary
condition of necessity and emergency, the commissioner, on
determining that such action is in the public interest, may
proceed at once to repair or protect the highway with forces and
services of private constructors and agencies, summarily engaged
by the department, and have the work performed by negotiated
contract or agreement without calling for competitive bids;
provided that a negotiated contract or agreement involving an
estimated expenditure greater than $10,000 is subject to
approval of the governor before it becomes effective.
new text end

new text begin Subd. 4. new text end

new text begin Payment for work on trunk highways. new text end

new text begin When a
county maintains the trunk highways within or beyond the limits
of the county, including interstate highways and bridges, in
compliance with the agreed arrangement with the department, the
commissioner shall pay the actual cost of the maintenance,
including the allowance for materials and the use of county
machinery and overhead expenses agreed upon in advance. The
payments must be made upon presentation by the county road
authority of a properly itemized and verified account, in a form
determined by the commissioner. The county road authority shall
present the itemized accounts for maintenance work no later than
one month following the period during which the work was
performed.
new text end

new text begin Subd. 5. new text end [DESIGNATION OF COUNTY AS COMMISSIONER'S
AGENT.] new text begin (a) The commissioner may designate the county board of a
county performing maintenance work on trunk highways under
contract with the department as the commissioner's agent
empowered to perform those bidding and contracting
responsibilities required of the commissioner by law or rule for
maintenance on those trunk highways within the maintenance
jurisdiction of that county's road authority. The designated
agent who enters into a contract under this subdivision does so
on behalf of the department and the state, and the state is a
party to the contract. The contract is subject to the
conditions specified for maintenance contracts entered into by
the commissioner. The commissioner may authorize an agent under
this subdivision to perform bidding and contracting
responsibilities to administer the resulting contract on behalf
of the state.
new text end

new text begin (b) The commissioner may assign department employees to
individual counties entering into contracts for highway
maintenance under this section.
new text end

new text begin Subd. 6. new text end

new text begin Trunk highway appropriations. new text end

new text begin (a) A sum
sufficient is appropriated from the trunk highway fund to the
commissioner of transportation for payments according to
subdivision 4 to counties for costs resulting from maintenance
work performed pursuant to contracts entered into under this
section.
new text end

new text begin (b) As part of the state's reimbursement for the costs of
any county to maintain state highways, and on behalf of the
state, the commissioner may transfer ownership of state-owned
equipment used for road maintenance to the county.
new text end

new text begin Subd. 7. new text end

new text begin Application of other law; exceptions. new text end

new text begin (a)
Except as otherwise provided in paragraph (b) or (c), this
section supersedes any state law or rule to the contrary.
new text end

new text begin (b) The commissioner shall not implement any provision of
this section that would result in the loss of federal funds for
transportation activities or projects in this state.
new text end

new text begin (c) If a county board determines and notifies the
commissioner that the county road authority is unable to perform
or provide the technical or professional services or any other
specific work required to conduct or complete a maintenance
project on a state trunk highway within its borders, then the
commissioner shall let a contract to the lowest responsible
bidder to complete the project pursuant to sections 161.315 to
161.39.
new text end

new text begin Subd. 8. new text end

new text begin Report to legislature. new text end

new text begin The commissioner shall
report annually before January 1 of each year to the committees
of the house of representatives and senate dealing with
transportation policy and transportation finance on costs of and
performance under contracts entered into under this section.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2005.
new text end