HF 2006

1st Committee Engrossment - 86th Legislature (2009 - 2010) Posted on 03/19/2013 07:29pm

1.1A bill for an act

1.2relating to highway and transit construction; requiring road authorities to mitigate
1.3construction impacts on small businesses; creating construction mitigation grant
1.4program; appropriating money;amending Minnesota Statutes 2008, section
1.5160.16, by adding a subdivision; proposing coding for new law in Minnesota
1.6Statutes, chapters 116J; 161.
1.7BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

1.8    Section 1. [116J.432] CONSTRUCTION MITIGATION GRANT PROGRAM.
1.9    Subdivision 1. Purpose. The purpose of the construction mitigation grant program
1.10is to mitigate the impacts of transportation construction on local small businesses, to
1.11promote the retention of jobs in transportation construction areas, and to provide outreach
1.12to the public and small businesses to minimize interruption to local commerce. The
1.13Department of Transportation, Department of Employment and Economic Development,
1.14and local government units shall work together to ensure that the recommendations
1.15of the Department of Transportation's 2009 report to the legislature on transportation
1.16construction impacts and any statutory changes resulting from the report recommendations
1.17are applied when implementing the grant program.
1.18    Subd. 2. Establishment. The commissioner of employment and economic
1.19development shall develop and implement a construction mitigation grant program to
1.20make grants available to local government units to mitigate the impacts of transportation
1.21construction on local small businesses.
1.22    Subd. 3. Definitions. For purposes of this section:
1.23(1) "applicant" means a local government unit;
1.24(2) "commissioner" means the commissioner of the Department of Employment and
1.25Economic Development;
2.1(3) "eligible transportation project" means a project entirely or partially funded
2.2by state or federal funds that will affect one or more small businesses as a result of
2.3transportation work because the work is anticipated to impair road access for a minimum
2.4period of one month;
2.5(4) "local government unit" means a county, statutory or home rule charter city,
2.6town, special district, or other political subdivision;
2.7(5) "project" has the meaning given it in section 161.2415; and
2.8(6) "small business" means a business that employs ten or fewer employees and is
2.9located in an area that is adjacent to an eligible project.
2.10    Subd. 4. Applications. A grant applicant shall prepare and submit to the
2.11commissioner a written proposal detailing a construction mitigation plan and strategies
2.12on how the applicant will implement the plan to meet the purpose of the grant program
2.13as provided in subdivision 1. An applicant shall identify any nonstate funding sources
2.14available to match state funds distributed under subdivision 5.
2.15    Subd. 5. Fund distribution. In distributing funds, the commissioner shall consider
2.16the types of businesses affected by the eligible transportation project and shall balance
2.17funding between eligible transportation projects within the seven-county metropolitan area
2.18and eligible transportation projects outside of the seven-county metropolitan area.
2.19EFFECTIVE DATE.This section is effective the day following final enactment.

2.20    Sec. 2. Minnesota Statutes 2008, section 160.16, is amended by adding a subdivision
2.21to read:
2.22    Subd. 4. Business signs. A road authority, before entering into a contract for
2.23construction, reconstruction, or improvement of a street or highway, shall identify any
2.24business that will experience access, parking, or visibility impacts during construction.
2.25The road authority shall consult with affected businesses before and during construction to
2.26plan signage that will mitigate adverse effects on businesses during project construction.

2.27    Sec. 3. [161.2415] MITIGATION OF TRANSPORTATION CONSTRUCTION
2.28IMPACTS ON BUSINESS.
2.29    Subdivision 1. Definition. For the purposes of this section, "project" means road
2.30work to maintain, construct, reconstruct, or improve a street or highway, or for a transit
2.31improvement, if the work is anticipated by the road authority to impair road access to one
2.32or more business establishments for a minimum period of one month.
2.33    Subd. 2. Business liaison. (a) Before the beginning of project construction work,
2.34the road authority shall identify businesses that are adjacent to the construction area or
3.1whose access to the business premises or parking will be impaired by the project and
3.2designate an individual to serve as business liaison between the road authority and the
3.3affected businesses.
3.4(b) The business liaison shall provide information to the identified businesses,
3.5before and during construction, concerning project duration and timetables, lane and
3.6road closures, detours, access impacts, customer parking impacts, visibility, noise, dust,
3.7vibration, and public participation opportunities.

3.8    Sec. 4. FUNDING; APPROPRIATION.
3.9    Subdivision 1. Funding. To the extent that the commissioner receives funds from
3.10the American Recovery and Reinvestment Act of 2009, Public Law 111-5, for the
3.11purposes of Minnesota Statutes, section 116J.432, funding for the construction mitigation
3.12grant program must be done through federal dollars. The commissioner of employment
3.13and economic development is directed to determine whether federal dollars are available
3.14for this purpose.
3.15    Subd. 2. Appropriation. $....... is appropriated from the general fund to the
3.16commissioner of employment and economic development to implement a construction
3.17mitigation grant program. This appropriation is only available if federal stimulus money is
3.18not available. This appropriation is available until expended.
3.19EFFECTIVE DATE.This section is effective the day following final enactment.