Skip to main content Skip to office menu Skip to footer
Capital IconMinnesota Legislature

HF 1715

as introduced - 89th Legislature (2015 - 2016) Posted on 03/18/2015 12:32pm

KEY: stricken = removed, old language.
underscored = added, new language.

Bill Text Versions

Engrossments
Introduction Posted on 03/10/2015

Current Version - as introduced

Line numbers 1.1 1.2 1.3 1.4 1.5 1.6
1.7 1.8 1.9 1.10 1.11 1.12 1.13 1.14 1.15 1.16 1.17 1.18 1.19 1.20 1.21 1.22 1.23
1.24 2.1 2.2 2.3 2.4 2.5 2.6 2.7 2.8 2.9 2.10
2.11 2.12 2.13 2.14 2.15 2.16 2.17 2.18 2.19 2.20 2.21
2.22 2.23 2.24 2.25 2.26 2.27 2.28 2.29 2.30 2.31 2.32
3.1 3.2 3.3 3.4 3.5 3.6 3.7
3.8 3.9 3.10 3.11 3.12 3.13 3.14 3.15 3.16 3.17 3.18 3.19 3.20 3.21 3.22 3.23 3.24
3.25 3.26 3.27 3.28 3.29 3.30 3.31 3.32 3.33 3.34 4.1 4.2 4.3 4.4 4.5 4.6 4.7 4.8 4.9
4.10 4.11 4.12 4.13
4.14 4.15 4.16 4.17 4.18 4.19 4.20 4.21 4.22 4.23
4.24 4.25 4.26 4.27 4.28 4.29 4.30 4.31 4.32 4.33 5.1

A bill for an act
relating to transportation; modifying various provisions impacting or enforced
by the Department of Transportation; making technical changes; amending
Minnesota Statutes 2014, sections 160.20, subdivision 4; 160.266, subdivisions
2, 3, by adding subdivisions; 161.321, subdivisions 2a, 2c, 4.

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

Section 1.

Minnesota Statutes 2014, section 160.20, subdivision 4, is amended to read:


Subd. 4.

Conditions.

(a) A road authority may accept applications for permits for
installation of drain tile along or across the right-of-way under its jurisdiction. The road
authority may adopt reasonable rules for the installations and may require a bond before
granting a permit. Permits for installation along a highway right-of-way must ensure that
the length of the installation is restricted to the minimum necessary to achieve the desired
agricultural benefits. A permit must not allow open trenches to be left on the right-of-way
after installation of the drain tile is completed. A road authority that grants a permit for
tile drain installation is not responsible for damage to that installation resulting from the
action of the authority or any other permittee utilizing the right-of-way.

(b) A person who installs drain tile along or across a highway right-of-way without
obtaining a permit as provided in this section is guilty of a misdemeanor.

(c) The commissioner shall take no action under this section which will result in the
loss of federal aid for highway construction in the state.

(d) For the purpose of deleted text begin this sectiondeleted text end new text begin subdivisions 2 to 4new text end , "highway" means any
highway as defined in section 160.02 which is located outside the corporate limits of a
home rule charter or statutory city.

Sec. 2.

Minnesota Statutes 2014, section 160.266, subdivision 2, is amended to read:


Subd. 2.

Creation.

The commissioner, in cooperation with road and trail authorities
including the commissioner of natural resources, shall identify deleted text begin a bikeway that originates at
Itasca State Park in Clearwater, Beltrami, and Hubbard Counties, then generally parallels
the Mississippi River through the cities of Bemidji in Beltrami County, Grand Rapids in
Itasca County, Brainerd in Crow Wing County, Little Falls in Morrison County, Sauk
Rapids in Benton County, St. Cloud in Stearns County, Minneapolis in Hennepin County,
St. Paul in Ramsey County, Hastings in Dakota County, Red Wing in Goodhue County,
Wabasha in Wabasha County, Winona in Winona County, and La Crescent in Houston
County to Minnesota's boundary with Iowa and there terminates. Where opportunities
exist, the bikeway may be designated on both sides of the Mississippi River
deleted text end new text begin state bikewaysnew text end .

Sec. 3.

Minnesota Statutes 2014, section 160.266, subdivision 3, is amended to read:


Subd. 3.

Connections with other bikeways.

(a) The commissioner, in cooperation
with road and trail authorities including the commissioner of natural resources, shall:

(1) identify existing bikeways of regional significance that are in reasonable proximity
but not connected to the deleted text begin bikewaydeleted text end new text begin bikewaysnew text end established deleted text begin indeleted text end new text begin undernew text end this sectiondeleted text begin , including but
not limited to the Lake Wobegon Trail in the counties of Stearns and Todd
deleted text end ; and

(2) support development of linkages between bikeways deleted text begin identified under clause (1)
and the bikeway
deleted text end established deleted text begin indeleted text end new text begin undernew text end this section.

(b) The requirements of this subdivision are a secondary priority for use of funds
available under this section following establishment and enhancement of the deleted text begin bikewaydeleted text end new text begin
bikeways
new text end under deleted text begin subdivision 1deleted text end new text begin this sectionnew text end .

Sec. 4.

Minnesota Statutes 2014, section 160.266, is amended by adding a subdivision
to read:


new text begin Subd. 6. new text end

new text begin Mississippi River Trail. new text end

new text begin The Mississippi River Trail bikeway shall
originate at Itasca State Park in Clearwater, Beltrami, and Hubbard Counties, then generally
parallel the Mississippi River through the cities of Bemidji in Beltrami County, Grand
Rapids in Itasca County, Brainerd in Crow Wing County, Little Falls in Morrison County,
Sauk Rapids in Benton County, St. Cloud in Stearns County, Minneapolis in Hennepin
County, St. Paul in Ramsey County, Hastings in Dakota County, Red Wing in Goodhue
County, Wabasha in Wabasha County, Winona in Winona County, and La Crescent
in Houston County to Minnesota's boundary with Iowa and there terminate. Where
opportunities exist, the bikeway may be designated on both sides of the Mississippi River.
new text end

Sec. 5.

Minnesota Statutes 2014, section 160.266, is amended by adding a subdivision
to read:


new text begin Subd. 7. new text end

new text begin James L. Oberstar Memorial Bikeway. new text end

new text begin The James L. Oberstar Memorial
Bikeway shall originate in the city of St. Paul in Ramsey County, then proceed north
through the cities of North Branch in Chisago County, Hinckley in Pine County, Carlton in
Carlton County, Duluth in St. Louis County, Two Harbors in Lake County, and Grand
Marais in Cook County to Minnesota's boundary with Canada and there terminate.
new text end

Sec. 6.

Minnesota Statutes 2014, section 161.321, subdivision 2a, is amended to read:


Subd. 2a.

Small targeted group business; subcontracting goals.

(a) The
commissioner, as a condition of awarding a construction contract, may set goals that
require the prime contractor to subcontract portions of the contract to small targeted group
businesses. deleted text begin Prime contractors must demonstrate good faith efforts to meet the project goals.
The commissioner shall establish a procedure for granting waivers from the subcontracting
requirement when qualified small targeted group businesses are not reasonably available.
deleted text end new text begin
The prime contractor may request a subcontracting goal waiver for the difference between
the level of targeted group small business participation the prime contractor has obtained
and the level specified in the goal. The commissioner may grant the waiver only if the
prime contractor has demonstrated good faith efforts to meet the goal. The commissioner
shall establish a procedure for evaluating the good faith efforts of contractors.
new text end The
commissioner may establish (1) financial incentives for prime contractors who exceed the
goals set for the use of subcontractors under this subdivision; and (2) sanctions for prime
contractors who fail to make good faith efforts to meet the goals set under this subdivision.

(b) The small targeted group business subcontracting requirements of this
subdivision do not apply to prime contractors who are small targeted group businesses.

Sec. 7.

Minnesota Statutes 2014, section 161.321, subdivision 2c, is amended to read:


Subd. 2c.

Veteran-owned small business; subcontracting goals.

(a) The
commissioner, as a condition of awarding a construction contract, may set goals that
require the prime contractor to subcontract portions of the contract to veteran-owned small
businesses, except when prohibited by federal law or rule as a condition of receiving
federal funds. deleted text begin Prime contractors must demonstrate good faith efforts to meet the project
goals. The commissioner shall establish a procedure for granting waivers from the
subcontracting requirement when qualified veteran-owned small businesses are not
reasonably available.
deleted text end new text begin The prime contractor may request a subcontracting goal waiver
for the difference between the level of veteran-owned small business participation the
prime contractor has obtained and the level specified in the goal. The commissioner may
grant the waiver only if the prime contractor has demonstrated good faith efforts to meet
the goal. The commissioner shall establish a procedure for evaluating the good faith
efforts of contractors.
new text end The commissioner may establish (1) financial incentives for prime
contractors who exceed the goals set for the use of subcontractors under this subdivision;
and (2) sanctions for prime contractors who have not been granted a waiver and fail
to meet goals set under this subdivision.

(b) The subcontracting requirements of this subdivision do not apply to prime
contractors who are veteran-owned small businesses.

Sec. 8.

Minnesota Statutes 2014, section 161.321, subdivision 4, is amended to read:


Subd. 4.

Contract awards, limitations.

Contracts awarded pursuant to this section
deleted text begin aredeleted text end new text begin may benew text end subject to deleted text begin alldeleted text end limitations contained in rules adopted by the commissioner
of administration.

Sec. 9. new text begin LEGISLATIVE ROUTE NO. 275 REMOVED.
new text end

new text begin (a) Minnesota Statutes, section 161.115, subdivision 206, is repealed effective the
day after the commissioner of transportation receives a copy of the agreement between the
commissioner and the governing body of Lac qui Parle County to transfer jurisdiction
of Legislative Route No. 275 and after the commissioner notifies the revisor of statutes
under paragraph (b).
new text end

new text begin (b) The revisor of statutes shall delete the route identified in paragraph (a) from
Minnesota Statutes when the commissioner of transportation sends notice to the revisor
electronically or in writing that the conditions required to transfer the route have been
satisfied.
new text end

Sec. 10. new text begin ALTERNATIVE DAMAGES APPRAISAL; OFFICE OF
ADMINISTRATIVE HEARINGS.
new text end

new text begin (a) In lieu of a commissioners' hearing for award of damages under Minnesota
Statutes, section 117.075, the commissioner of transportation is authorized to petition the
court for a referral to the Office of Administrative Hearings. Upon referral to the Office of
Administrative Hearings by the court, an administrative law judge shall conduct a hearing
for the purpose of determining and awarding damages. The hearing must be conducted in a
manner consistent with the contested case procedures under Minnesota Statutes, chapter 14.
new text end

new text begin (b) The commissioner of transportation may petition for a referral under paragraph
(a) for up to five transportation projects.
new text end

new text begin (c) This section expires June 30, 2017.
new text end