Minnesota Legislature
HF 2801
1st Committee Engrossment - 86th Legislature (2009 - 2010) Posted on 03/19/2013 07:29pm
KEY: stricken = removed, old language.
underscored = added, new language.
1.2relating to establishing complete streets program and requiring reports;amending
1.3Minnesota Statutes 2008, sections 162.02, subdivision 3a; 162.09, subdivision
1.43a; proposing coding for new law in Minnesota Statutes, chapter 174.
1.5BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.8 Section 1. Minnesota Statutes 2008, section 162.02, subdivision 3a, is amended to read:
1.9 Subd. 3a. Variances from rules and engineering standards. (a) Subject to section
1.10174.75, subdivision 5, the commissioner may grant variances from the rules and from the
1.11engineering standards developed pursuant to section162.021 or
162.07, subdivision 2 . A
1.12political subdivision in which a county state-aid highway is located or is proposed to be
1.13located may submit a written request to the commissioner for a variance for that highway.
1.14(b) The commissioner shall publish notice of the request in the State Register and
1.15give notice to all persons known to the commissioner to have an interest in the matter. The
1.16commissioner may grant or deny the variance within 30 days of providing notice of the
1.17request. If a written objection to the request is received within seven days of providing
1.18notice, the variance shall be granted or denied only after a contested case hearing has been
1.19held on the request. If no timely objection is received and the variance is denied without
1.20hearing, the political subdivision may request, within 30 days of receiving notice of denial,
1.21and shall be granted a contested case hearing.
1.22(c) For purposes of this subdivision, "political subdivision" includes (1) an agency of
1.23a political subdivision which has jurisdiction over parks, and (2) a regional park authority.
2.1 Sec. 2. Minnesota Statutes 2008, section 162.09, subdivision 3a, is amended to read:
2.2 Subd. 3a. Variances from rules and engineering standards. (a) Subject to section
2.3174.75, subdivision 5, the commissioner may grant variances from the rules and from the
2.4engineering standards developed pursuant to section162.13, subdivision 2 . A political
2.5subdivision in which a municipal state-aid street is located or is proposed to be located
2.6may submit a written request to the commissioner for a variance for that street.
2.7(b) The commissioner shall publish notice of the request in the State Register and
2.8give notice to all persons known to the commissioner to have an interest in the matter. The
2.9commissioner may grant or deny the variance within 30 days of providing notice of the
2.10request. If a written objection to the request is received within seven days of providing
2.11notice, the variance shall be granted or denied only after a contested case hearing has been
2.12held on the request. If no timely objection is received and the variance is denied without
2.13hearing, the political subdivision may request, within 30 days of receiving notice of denial,
2.14and shall be granted a contested case hearing.
2.15(c) For purposes of this subdivision, "political subdivision" includes (1) an agency of
2.16a political subdivision which has jurisdiction over parks, and (2) a regional park authority.
2.17 Sec. 3. [174.75] COMPLETE STREETS.
2.18 Subdivision 1. Definition. "Complete streets" is the planning, scoping, design,
2.19implementation, operation, and maintenance of roads in order to reasonably address the
2.20safety and accessibility needs of users of all ages and abilities. Complete streets considers
2.21the needs of motorists, pedestrians, transit users and vehicles, bicyclists, and commercial
2.22and emergency vehicles moving along and across roads, intersections, and crossings in a
2.23manner that recognizes that the needs vary in urban, suburban, and rural settings.
2.24 Subd. 2. Implementation. The commissioner shall implement a complete streets
2.25policy after consultation with stakeholders, state and regional agencies, local governments,
2.26and road authorities. The commissioner, after such consultation, shall address relevant
2.27protocols, guidance, standards, requirements, and training, and shall integrate related
2.28principles of context-sensitive solutions.
2.29 Subd. 3. Report. Beginning in 2011, the commissioner shall report on the
2.30implementation of the complete streets policy in the agency's biennial budget submission
2.31under section 174.02.
2.32 Subd. 4. Local road authorities. Local road authorities are encouraged, but not
2.33required, to create and adopt complete streets policies for their roads that reflect local
2.34context and goals. Nothing in this section may be construed to prohibit a local road
3.1authority from adopting a complete streets policy that incorporates or exceeds statutory
3.2complete streets principles.
3.3 Subd. 5. Variances from engineering standards. (a) When evaluating a request
3.4for a variance from the engineering standards for state-aid projects under chapter 162 in
3.5which the variance request is related to complete streets, the commissioner shall consider
3.6the latest edition of (1) A Policy on Geometric Design of Highways and Streets, from the
3.7American Association of State Highway and Transportation Officials; and (2) for projects
3.8in urban areas, the Context Sensitive Solutions in Designing Major Urban Thoroughfares
3.9for Walkable Communities, from the Institute of Transportation Engineers.
3.10(b) If the commissioner denies a variance request related to complete streets, the
3.11commissioner shall provide a brief written reason for the denial to the political subdivision
3.12that submitted the request.
3.15 Section 1. COMPLETE STREETS REPORTS.
3.16The commissioner of transportation shall submit to the chairs and ranking minority
3.17members of the house of representatives and senate committees with jurisdiction over
3.18transportation policy and finance reports that:
3.19(1) by November 15, 2010, summarize the department's complete streets initiatives,
3.20summarize steps taken to expedite and improve the transparency of the state-aid variance
3.21process related to complete streets, outline plans to develop and implement a complete
3.22streets policy, and identify any statutory barriers to complete streets implementation;
3.23(2) by November 15, 2011, summarize the results of the collaboration under
3.24Minnesota Statutes, section 174.75, subdivision 3; identify modifications made to or
3.25recommended for protocols, guidance, standards, or other requirements to facilitate
3.26complete streets implementation; report status of development of complete streets
3.27performance indicators; outline other work planned related to the complete streets
3.28policy; and identify statutory recommendations to facilitate complete streets policy
3.29implementation; and
3.30(3) by November 15, 2013, overview the department's implementation of complete
3.31streets policy; note updates to protocols, guidance, standards, or requirements; identify
3.32any recommendations for supporting local complete streets implementation under the
3.33state-aid standards variance process; and identify statutory recommendations to facilitate
3.34complete streets policy implementation.
4.1The reports in clauses (1), (2), and (3) must be made available electronically and
4.2made available in print only upon request.
1.3Minnesota Statutes 2008, sections 162.02, subdivision 3a; 162.09, subdivision
1.43a; proposing coding for new law in Minnesota Statutes, chapter 174.
1.5BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.8 Section 1. Minnesota Statutes 2008, section 162.02, subdivision 3a, is amended to read:
1.9 Subd. 3a. Variances from rules and engineering standards. (a) Subject to section
1.10174.75, subdivision 5, the commissioner may grant variances from the rules and from the
1.11engineering standards developed pursuant to section
1.12political subdivision in which a county state-aid highway is located or is proposed to be
1.13located may submit a written request to the commissioner for a variance for that highway.
1.14(b) The commissioner shall publish notice of the request in the State Register and
1.15give notice to all persons known to the commissioner to have an interest in the matter. The
1.16commissioner may grant or deny the variance within 30 days of providing notice of the
1.17request. If a written objection to the request is received within seven days of providing
1.18notice, the variance shall be granted or denied only after a contested case hearing has been
1.19held on the request. If no timely objection is received and the variance is denied without
1.20hearing, the political subdivision may request, within 30 days of receiving notice of denial,
1.21and shall be granted a contested case hearing.
1.22(c) For purposes of this subdivision, "political subdivision" includes (1) an agency of
1.23a political subdivision which has jurisdiction over parks, and (2) a regional park authority.
2.1 Sec. 2. Minnesota Statutes 2008, section 162.09, subdivision 3a, is amended to read:
2.2 Subd. 3a. Variances from rules and engineering standards. (a) Subject to section
2.3174.75, subdivision 5, the commissioner may grant variances from the rules and from the
2.4engineering standards developed pursuant to section
2.5subdivision in which a municipal state-aid street is located or is proposed to be located
2.6may submit a written request to the commissioner for a variance for that street.
2.7(b) The commissioner shall publish notice of the request in the State Register and
2.8give notice to all persons known to the commissioner to have an interest in the matter. The
2.9commissioner may grant or deny the variance within 30 days of providing notice of the
2.10request. If a written objection to the request is received within seven days of providing
2.11notice, the variance shall be granted or denied only after a contested case hearing has been
2.12held on the request. If no timely objection is received and the variance is denied without
2.13hearing, the political subdivision may request, within 30 days of receiving notice of denial,
2.14and shall be granted a contested case hearing.
2.15(c) For purposes of this subdivision, "political subdivision" includes (1) an agency of
2.16a political subdivision which has jurisdiction over parks, and (2) a regional park authority.
2.17 Sec. 3. [174.75] COMPLETE STREETS.
2.18 Subdivision 1. Definition. "Complete streets" is the planning, scoping, design,
2.19implementation, operation, and maintenance of roads in order to reasonably address the
2.20safety and accessibility needs of users of all ages and abilities. Complete streets considers
2.21the needs of motorists, pedestrians, transit users and vehicles, bicyclists, and commercial
2.22and emergency vehicles moving along and across roads, intersections, and crossings in a
2.23manner that recognizes that the needs vary in urban, suburban, and rural settings.
2.24 Subd. 2. Implementation. The commissioner shall implement a complete streets
2.25policy after consultation with stakeholders, state and regional agencies, local governments,
2.26and road authorities. The commissioner, after such consultation, shall address relevant
2.27protocols, guidance, standards, requirements, and training, and shall integrate related
2.28principles of context-sensitive solutions.
2.29 Subd. 3. Report. Beginning in 2011, the commissioner shall report on the
2.30implementation of the complete streets policy in the agency's biennial budget submission
2.31under section 174.02.
2.32 Subd. 4. Local road authorities. Local road authorities are encouraged, but not
2.33required, to create and adopt complete streets policies for their roads that reflect local
2.34context and goals. Nothing in this section may be construed to prohibit a local road
3.1authority from adopting a complete streets policy that incorporates or exceeds statutory
3.2complete streets principles.
3.3 Subd. 5. Variances from engineering standards. (a) When evaluating a request
3.4for a variance from the engineering standards for state-aid projects under chapter 162 in
3.5which the variance request is related to complete streets, the commissioner shall consider
3.6the latest edition of (1) A Policy on Geometric Design of Highways and Streets, from the
3.7American Association of State Highway and Transportation Officials; and (2) for projects
3.8in urban areas, the Context Sensitive Solutions in Designing Major Urban Thoroughfares
3.9for Walkable Communities, from the Institute of Transportation Engineers.
3.10(b) If the commissioner denies a variance request related to complete streets, the
3.11commissioner shall provide a brief written reason for the denial to the political subdivision
3.12that submitted the request.
3.15 Section 1. COMPLETE STREETS REPORTS.
3.16The commissioner of transportation shall submit to the chairs and ranking minority
3.17members of the house of representatives and senate committees with jurisdiction over
3.18transportation policy and finance reports that:
3.19(1) by November 15, 2010, summarize the department's complete streets initiatives,
3.20summarize steps taken to expedite and improve the transparency of the state-aid variance
3.21process related to complete streets, outline plans to develop and implement a complete
3.22streets policy, and identify any statutory barriers to complete streets implementation;
3.23(2) by November 15, 2011, summarize the results of the collaboration under
3.24Minnesota Statutes, section 174.75, subdivision 3; identify modifications made to or
3.25recommended for protocols, guidance, standards, or other requirements to facilitate
3.26complete streets implementation; report status of development of complete streets
3.27performance indicators; outline other work planned related to the complete streets
3.28policy; and identify statutory recommendations to facilitate complete streets policy
3.29implementation; and
3.30(3) by November 15, 2013, overview the department's implementation of complete
3.31streets policy; note updates to protocols, guidance, standards, or requirements; identify
3.32any recommendations for supporting local complete streets implementation under the
3.33state-aid standards variance process; and identify statutory recommendations to facilitate
3.34complete streets policy implementation.
4.1The reports in clauses (1), (2), and (3) must be made available electronically and
4.2made available in print only upon request.