HF 2891

2nd Engrossment - 81st Legislature (1999 - 2000) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to transportation; appropriating money for 
  1.3             state road construction, public transit, and other 
  1.4             purposes; establishing an intergovernmental 
  1.5             cooperative facilities loan fund; establishing a major 
  1.6             transportation projects commission; restricting 
  1.7             expenditures for commuter rail and light rail transit; 
  1.8             canceling bonding authorization for light rail 
  1.9             transit; directing a study of freeway ramp meters in 
  1.10            the metropolitan area; providing for a grant to the 
  1.11            University of Minnesota for design and engineering of 
  1.12            personal rapid transit; directing a study of 
  1.13            high-occupancy vehicle lane use by certain vehicles; 
  1.14            providing for approval of and payment under 
  1.15            supplemental goods or services agreements of the 
  1.16            commissioner of transportation; authorizing suspension 
  1.17            of motor vehicle registration when tax is paid by 
  1.18            dishonored check; exempting dealers in firefighting 
  1.19            equipment from motor vehicle dealer licensing; 
  1.20            providing for commuter rail plan dispute resolution; 
  1.21            providing for inspection of vehicles of motor 
  1.22            carriers; requiring the budget for light rail transit 
  1.23            to include cost of utility relocation; requiring a 
  1.24            municipality to issue permits for a specific business 
  1.25            or use that uses river transportation as a major mode 
  1.26            of transportation once a special permit has been 
  1.27            issued and an environmental assessment worksheet has 
  1.28            been completed; expanding eligibility for replacement 
  1.29            transit service program; requiring a report on metro 
  1.30            mobility; establishing working group to assess impact 
  1.31            of DM&E rail line project; requiring study and 
  1.32            legislative report on statewide public safety radio 
  1.33            system; amending Minnesota Statutes 1998, sections 
  1.34            161.32, by adding a subdivision; 168.27, subdivision 
  1.35            8; 169.781, by adding a subdivision; 174.35; 216B.16, 
  1.36            by adding a subdivision; 221.131, subdivision 4; 
  1.37            221.132; and 473.388, subdivision 2; Minnesota 
  1.38            Statutes 1999 Supplement, sections 168.17; 174.88; 
  1.39            174.86, subdivision 2, and by adding a subdivision; 
  1.40            and 221.0252, subdivision 7; proposing coding for new 
  1.41            law in Minnesota Statutes, chapters 161; 174; and 462. 
  1.42  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.43                             ARTICLE 1 
  2.1                        TRANSPORTATION FINANCE 
  2.2      Section 1.  [161.086] [INTERGOVERNMENTAL COOPERATIVE 
  2.3   FACILITIES REVOLVING LOAN FUND.] 
  2.4      Subdivision 1.  [ESTABLISHMENT.] An intergovernmental 
  2.5   cooperative facilities revolving loan fund is created in the 
  2.6   state treasury.  The fund consists of all money appropriated or 
  2.7   transferred to the fund and all money received by the 
  2.8   commissioner from repayment of loans made under this section.  
  2.9   Money in the fund is appropriated to the commissioner for the 
  2.10  purpose of subdivision 2. 
  2.11     Subd. 2.  [LOANS.] The commissioner shall use money in the 
  2.12  intergovernmental cooperative facilities revolving loan fund for 
  2.13  loans to local road authorities for their share of costs 
  2.14  relating to the construction of highway maintenance facilities 
  2.15  to be shared between the commissioner and local road authorities.
  2.16     Sec. 2.  Minnesota Statutes 1998, section 174.35, is 
  2.17  amended to read: 
  2.18     174.35 [LIGHT RAIL TRANSIT.] 
  2.19     Subdivision 1.  [AUTHORIZATION.] The commissioner of 
  2.20  transportation may exercise the powers granted in this chapter 
  2.21  and chapter 473, as necessary, to plan, design, acquire, 
  2.22  construct, and equip light rail transit facilities in the 
  2.23  metropolitan area as defined in section 473.121, subdivision 2. 
  2.24     Subd. 2.  [PROHIBITION.] The commissioner shall not spend 
  2.25  any money appropriated from the trunk highway fund for (1) any 
  2.26  of the activities described in subdivision 1, (2) the 
  2.27  acquisition of real property to the extent that the real 
  2.28  property will be used exclusively or primarily for light rail 
  2.29  transit, or (3) the rerouting of any highway, or the 
  2.30  construction or reconstruction of highway overpasses, to the 
  2.31  extent that the rerouting, construction, or reconstruction is 
  2.32  necessitated exclusively or primarily by the construction of 
  2.33  light rail transit. 
  2.34     Sec. 3.  [174.55] [MAJOR TRANSPORTATION PROJECTS 
  2.35  COMMISSION.] 
  2.36     Subdivision 1.  [CREATION AND PURPOSE.] A major 
  3.1   transportation projects commission is created to set priorities 
  3.2   among proposed major transportation projects in which the 
  3.3   department of transportation is involved and report these 
  3.4   priorities to the governor and to the legislature. 
  3.5      Subd. 2.  [COMPOSITION.] The major transportation projects 
  3.6   commission is composed of the governor; three citizen members 
  3.7   appointed by the governor and serving at the pleasure of the 
  3.8   governor; five senators appointed by the subcommittee on 
  3.9   committees of the committee on rules and administration, two of 
  3.10  whom must not be members of the senate majority party; and five 
  3.11  members of the house of representatives appointed by the 
  3.12  speaker, two of whom must not be members of the house majority 
  3.13  party.  The commissioner of transportation shall serve as a 
  3.14  nonvoting member.  The commission shall elect a chair from among 
  3.15  its members.  Nongovernment members of the commission shall 
  3.16  receive compensation in accordance with section 15.059, 
  3.17  subdivision 3. 
  3.18     Subd. 3.  [DUTIES.] The major transportation projects 
  3.19  commission shall review reports submitted under subdivision 4.  
  3.20  The commission shall recommend approval, approval with 
  3.21  modifications, or disapproval of each project included in the 
  3.22  reports of the commissioner of transportation and shall 
  3.23  enumerate approved major transportation projects in 
  3.24  chronological order of priority.  The commission shall submit a 
  3.25  major transportation projects program to the governor or 
  3.26  governor-elect, the legislature, and the transportation 
  3.27  committees of the house of representatives and the senate no 
  3.28  later than September 30 of each year. 
  3.29     Subd. 4.  [COMMISSIONER REPORT.] The commissioner of 
  3.30  transportation shall report to the commission not later than 
  3.31  July 15 of each year.  The report must consist of a listing of 
  3.32  candidate projects for enumeration that meet the criteria of 
  3.33  major transportation projects within the definition in 
  3.34  subdivision 5, and a listing of proposed projects for study that 
  3.35  the commissioner believes have the potential of being major 
  3.36  transportation projects but do not have draft environmental 
  4.1   impact statements. 
  4.2      Subd. 5.  [MAJOR TRANSPORTATION PROJECT.] A major 
  4.3   transportation project is a project that meets each of the 
  4.4   following criteria: 
  4.5      (1) involves the department of transportation; 
  4.6      (2) has a total cost of more than $5,000,000; 
  4.7      (3) is a critical element of the transportation system of 
  4.8   its region and the state; and 
  4.9      (4) has a completed draft environmental impact statement. 
  4.10     Subd. 6.  [CONSTRUCTION OF TRANSPORTATION PROJECTS.] The 
  4.11  department may not construct a major transportation project 
  4.12  without first submitting the project to the major transportation 
  4.13  projects commission and receiving specific legislative 
  4.14  authorization.  Legislative authorization for the construction 
  4.15  of major transportation projects may not include any projects 
  4.16  that have not been recommended in a report of the major 
  4.17  transportation projects commission.  Within any six-year period, 
  4.18  the department may not construct a transportation project 
  4.19  consisting of separate contiguous projects that do not 
  4.20  individually qualify as major transportation projects, but which 
  4.21  in their entirety would constitute a major transportation 
  4.22  project, without first submitting the project to the major 
  4.23  transportation projects commission for its recommendations and 
  4.24  report and without specific legislative authorization. 
  4.25     Sec. 4.  Minnesota Statutes 1999 Supplement, section 
  4.26  174.88, is amended to read: 
  4.27     174.88 [COMMUTER RAIL FUNDING.] 
  4.28     Subdivision 1.  [FEDERAL FUND APPLICATIONS.] The 
  4.29  commissioner, in cooperation with appropriate metropolitan 
  4.30  planning organizations, may apply for funding from federal, 
  4.31  state, regional, local, and private sources for commuter rail 
  4.32  facility construction, operation, implementation, maintenance, 
  4.33  and improvement. 
  4.34     Subd. 2.  [EXPENDITURE OF STATE FUNDS.] The commissioner 
  4.35  shall not spend any state funds for the planning, design, 
  4.36  engineering, right-of-way acquisition, or construction of 
  5.1   commuter rail facilities unless the funds have been appropriated 
  5.2   by law specifically for those purposes. 
  5.3      Sec. 5.  [APPROPRIATIONS AND AUTHORIZATION CANCELED.] 
  5.4      (a) The unspent and unencumbered part of the appropriation 
  5.5   for the Hiawatha light rail transit corridor in Laws 1998, 
  5.6   chapter 404, section 17, subdivision 3, paragraph (b), as 
  5.7   reappropriated in Laws 1999, chapter 240, article 2, section 9, 
  5.8   subdivision 3; and the unspent and unencumbered part of the 
  5.9   appropriation in Laws 1999, chapter 240, article 1, section 9, 
  5.10  subdivision 5, are canceled.  
  5.11     (b) The bond sale authorizations for the appropriations for 
  5.12  which cancellations are made in paragraph (a) are reduced by the 
  5.13  amount of those cancellations. 
  5.14     (c) The transfer from the general fund to the state bond 
  5.15  fund authorized in Laws 1999, chapter 240, article 2, section 
  5.16  12, and amended by any subsequent laws is reduced by $4,150,000 
  5.17  to reflect the cancellation of bonds according to this section. 
  5.18     Sec. 6.  [COMMISSIONER OF TRANSPORTATION; STATE ROAD 
  5.19  CONSTRUCTION.] 
  5.20     Subdivision 1.  [GENERAL FUND APPROPRIATION.] $327,000,000 
  5.21  is appropriated from the general fund to the commissioner of 
  5.22  transportation for state road construction. 
  5.23     Subd. 2.  [TRUNK HIGHWAY FUND APPROPRIATION.] $75,000,000 
  5.24  is appropriated from the trunk highway fund to the commissioner 
  5.25  of transportation for state road construction. 
  5.26     Subd. 3.  [PURPOSES.] (a) The commissioner of 
  5.27  transportation shall spend the amounts appropriated under 
  5.28  subdivisions 1 and 2 for construction and reconstruction of 
  5.29  state trunk highways, including preliminary engineering, 
  5.30  acquisition of right-of-way, and construction support. 
  5.31     (b) Of the appropriations under this section: 
  5.32     (1) $201,000,000 is for state trunk highway improvements 
  5.33  within the seven-county metropolitan area primarily for the 
  5.34  purpose of improving traffic flow and expanding highway capacity 
  5.35  by eliminating traffic bottlenecks; and 
  5.36     (2) $201,000,000 is for improvements on state trunk 
  6.1   highways outside the seven-county metropolitan area that the 
  6.2   commissioner designates as at-risk interregional corridors. 
  6.3      (c) Of the appropriations under this section, the 
  6.4   commissioner may not spend more than $77,000,000 for 
  6.5   construction support. 
  6.6      (d) The commissioner may not spend any part of this 
  6.7   appropriation to construct any lanes on a freeway or expressway 
  6.8   within the seven-county metropolitan area that are reserved 
  6.9   exclusively for high-occupancy vehicles, or to convert any 
  6.10  existing mixed-use lanes on such a freeway or expressway 
  6.11  exclusively for use by high-occupancy vehicles. 
  6.12     (e) The commissioner may not reduce the amount of state 
  6.13  funds allocated to a project in the commissioner's statewide 
  6.14  transportation improvement program in any fiscal year if the 
  6.15  project is financed in whole or in part in that fiscal year from 
  6.16  the money appropriated under this section. 
  6.17     (f) The appropriation under this section is available 
  6.18  through June 30, 2003.  On July 1, 2003, any part of this 
  6.19  appropriation not spent cancels to the trunk highway fund.  The 
  6.20  commissioner shall report by February 1, 2003, to the chairs of 
  6.21  the senate and house of representatives committees having 
  6.22  jurisdiction over transportation policy and transportation 
  6.23  finance on any projects that the department of transportation 
  6.24  has scheduled to be constructed with this appropriation that the 
  6.25  commissioner determines will be canceled or delayed as a result 
  6.26  of any part of this appropriation canceling to the trunk highway 
  6.27  fund.  For purposes of this paragraph, money encumbered by the 
  6.28  commissioner for a trunk highway project is considered to be 
  6.29  spent. 
  6.30     Subd. 4.  [CHANGES IN FUND ALLOCATION.] The commissioner 
  6.31  shall report to the chairs of the senate and house of 
  6.32  representatives committees with jurisdiction over transportation 
  6.33  policy and finance each time the commissioner changes the 
  6.34  allocation of state or federal funds in the commissioner's 
  6.35  statewide transportation improvement program or six-year highway 
  6.36  work plan for a project that is financed in whole or in part 
  7.1   from the money appropriated under this section. 
  7.2      Subd. 5.  [REPORT ON PROJECTS.] The commissioner shall by 
  7.3   August 1 of each calendar year from 2000 to 2002 report to the 
  7.4   chairs of the senate and house of representatives committees 
  7.5   with jurisdiction over transportation policy and finance on the 
  7.6   status of each project that is financed in whole or in part from 
  7.7   the money appropriated under this section.  For each such 
  7.8   project the report must identify: 
  7.9      (1) the estimated full cost; 
  7.10     (2) a schedule for completion; 
  7.11     (3) the current status of right-of-way acquisition and 
  7.12  environmental review; and 
  7.13     (4) the project's status in the commissioner's current 
  7.14  statewide transportation improvement program. 
  7.15     Sec. 7.  [MAJOR TRANSPORTATION PROJECTS COMMISSION; 
  7.16  APPROPRIATION.] 
  7.17     $5,000 is appropriated from the trunk highway fund to the 
  7.18  commissioner of transportation for fiscal year 2001 for 
  7.19  department costs relating to the major transportation projects 
  7.20  commission, including payment of expenses and compensation to 
  7.21  nonlegislative members. 
  7.22     Sec. 8.  [PUBLIC TRANSIT APPROPRIATIONS.] 
  7.23     Subdivision 1.  [METROPOLITAN COUNCIL.] $3,700,000 is 
  7.24  appropriated from the general fund in fiscal year 2001 to the 
  7.25  metropolitan council for fiscal year 2001 for transit operations 
  7.26  in the metropolitan area.  This appropriation adds to the budget 
  7.27  base for the 2002-2003 biennium. 
  7.28     Subd. 2.  [COMMISSIONER OF TRANSPORTATION.] $450,000 is 
  7.29  appropriated from the general fund in fiscal year 2001 to the 
  7.30  commissioner of transportation for grants to public transit 
  7.31  systems under Minnesota Statutes, section 174.24.  This 
  7.32  appropriation adds to the budget base for the 2002-2003 biennium.
  7.33     Sec. 9.  [INTERGOVERNMENTAL COOPERATIVE FACILITIES 
  7.34  REVOLVING LOAN FUND; TRANSFER.] 
  7.35     $2,500,000 is appropriated from the general fund to the 
  7.36  commissioner of finance for transfer by the commissioner to the 
  8.1   intergovernmental cooperative facilities revolving loan fund. 
  8.2      Sec. 10.  [COMMISSIONER OF FINANCE; TRANSPORTATION 
  8.3   REVOLVING LOAN FUND.] 
  8.4      $20,000,000 is appropriated from the general fund to the 
  8.5   commissioner of finance for transfer by the commissioner to the 
  8.6   highway account in the transportation revolving loan fund. 
  8.7      Sec. 11.  [APPROPRIATIONS FOR PERSONAL RAPID TRANSIT 
  8.8   SYSTEMS.] 
  8.9      (a) For purposes of this section, "personal rapid transit" 
  8.10  means generally a transportation system of small, 
  8.11  computer-controlled vehicles, each transporting one to three 
  8.12  passengers on elevated guideways in a transportation network and 
  8.13  operating on demand and nonstop direct to any station in the 
  8.14  network. 
  8.15     (b) $500,000 is appropriated from the general fund to the 
  8.16  University of Minnesota for a grant for engineering and design 
  8.17  of a personal rapid transit system. 
  8.18     (c) This appropriation is available through June 30, 2002. 
  8.19     Sec. 12.  [COMMISSIONER OF TRANSPORTATION; RAMP METER 
  8.20  STUDY.] 
  8.21     (a) Notwithstanding other law to the contrary, the 
  8.22  commissioner shall order that all meters on access ramps to a 
  8.23  freeway or expressway, as defined in Minnesota Statutes, section 
  8.24  160.02, display flashing yellow lights for a period to be 
  8.25  determined by the consultant with whom the commissioner 
  8.26  contracts to perform the study required under paragraph (b). 
  8.27     This section does not prohibit temporary closure or other 
  8.28  traffic flow restrictions of access ramps to a freeway or 
  8.29  expressway in the interests of public safety. 
  8.30     (b) The commissioner shall study and report to the 
  8.31  legislature by February 1, 2001, the traffic flow results on 
  8.32  expressways and freeways for the period of the study.  The 
  8.33  department shall gather and compile any relevant facts, 
  8.34  comparisons, statistics, or other relevant data and report its 
  8.35  findings of fact and conclusions.  The commissioner shall 
  8.36  contract with an independent consultant to perform the study 
  9.1   required by this section. 
  9.2      (c) $400,000 is appropriated from the trunk highway fund to 
  9.3   the commissioner of transportation for the purposes of this 
  9.4   section. 
  9.5      Sec. 13.  [HIGH-OCCUPANCY VEHICLE LANE STUDY.] 
  9.6      (a) The commissioner of transportation shall study the 
  9.7   effects of allowing high-occupancy vehicle lanes on marked 
  9.8   interstate highways Nos. 35-W and 394 by (1) vehicles with a 
  9.9   registered gross weight of more than 26,000 pounds, (2) other 
  9.10  trucks and vans, as defined in section 168.011, subdivisions 10 
  9.11  and 28, not registered as passenger automobiles; and (3) other 
  9.12  categories of vehicles the commissioner deems appropriate for 
  9.13  inclusion in the study.  In conducting the study the 
  9.14  commissioner shall evaluate, among other things, the effects of 
  9.15  allowing such use on: 
  9.16     (1) congestion and the flow of traffic on other lanes of 
  9.17  those highways; 
  9.18     (2) law enforcement and the enforceability of existing and 
  9.19  proposed restrictions on high-occupancy vehicle lanes; 
  9.20     (3) highway safety; 
  9.21     (4) bus transit and car pools; and 
  9.22     (5) the efficiency and economy of goods movement. 
  9.23     (b) The commissioner shall report to the governor and 
  9.24  legislature by February 1, 2001, on the results of the study. 
  9.25     Sec. 14.  [EFFECTIVE DATE.] 
  9.26     Section 2 is effective retroactively from February 1, 2000. 
  9.27  Sections 4, 5, 12, and 13 are effective the day following final 
  9.28  enactment.  Sections 1, 6, 7, 8, 9, 10, and 11 and section 3, 
  9.29  subdivisions 1 to 5, are effective July 1, 2000.  Section 3, 
  9.30  subdivision 6, is effective July 1, 2001. 
  9.31                             ARTICLE 2 
  9.32                       TRANSPORTATION POLICY 
  9.33     Section 1.  Minnesota Statutes 1998, section 161.32, is 
  9.34  amended by adding a subdivision to read: 
  9.35     Subd. 7.  [APPROVAL AND PAYMENT OF SUPPLEMENTAL 
  9.36  AGREEMENTS.] Notwithstanding any law to the contrary, when goods 
 10.1   or services are provided to the commissioner under an agreement 
 10.2   supplemental to a contract for work on a trunk highway, the 
 10.3   commissioner may approve the supplemental agreement.  Payment of 
 10.4   valid state obligations must be made within 30 days of approval 
 10.5   of the supplemental agreement or submission by the contractor of 
 10.6   an invoice indicating completion of work, whichever occurs later.
 10.7      Sec. 2.  Minnesota Statutes 1999 Supplement, section 
 10.8   168.17, is amended to read: 
 10.9      168.17 [SUSPENSION OF REGISTRATION.] 
 10.10     (a) All registrations and issue of number plates shall be 
 10.11  subject to amendment, suspension, modification or revocation by 
 10.12  the registrar summarily for any violation of or neglect to 
 10.13  comply with the provisions of this chapter or when the 
 10.14  transferee fails to comply with section 168A.10, subdivision 2, 
 10.15  within 30 days of the date of sale.  
 10.16     (b) The registrar may suspend the registration of a motor 
 10.17  vehicle if the tax on the vehicle was paid by means of a 
 10.18  dishonored check to a deputy motor vehicle registrar.  The 
 10.19  registrar may continue a suspension under this paragraph until 
 10.20  the registrar is informed by the deputy motor vehicle registrar 
 10.21  that the dishonored check has been paid in full. 
 10.22     (c) In any case where the proper registration of a motor 
 10.23  vehicle is dependent upon procuring information entailing such 
 10.24  delay as to unreasonably deprive the owner of the use of the 
 10.25  motor vehicle, the registrar may issue a tax receipt and plates 
 10.26  conditionally.  
 10.27     (d) In any case when revoking a registration for cause, the 
 10.28  registrar shall have authority to demand the return of the 
 10.29  number plates and registration certificates, and, if necessary, 
 10.30  to seize the number plates issued for such registration. 
 10.31     Sec. 3.  Minnesota Statutes 1998, section 168.27, 
 10.32  subdivision 8, is amended to read: 
 10.33     Subd. 8.  [EXEMPTIONS.] (1) (a) Salespeople and other 
 10.34  employees of licensed dealers under this section shall are not 
 10.35  be required to obtain individual licenses. 
 10.36     (2) (b) Isolated or occasional sales or leases of new or 
 11.1   used motor vehicles shall be are exempt from the provisions of 
 11.2   this section.  A person who makes only isolated or occasional 
 11.3   sales or leases is not required to be licensed under this 
 11.4   section, is not considered to be in the business of selling or 
 11.5   leasing motor vehicles, and does not qualify to receive dealer 
 11.6   plates under subdivision 16.  "Isolated or occasional sales or 
 11.7   leases" means:  (i) (1) the sale or lease of a motor vehicle 
 11.8   with an actual cash value of $1,000 or less made by a charitable 
 11.9   organization; (ii) (2) the sale, purchase, or lease of not more 
 11.10  than five motor vehicles in a 12-month period, other than 
 11.11  pioneer or classic motor vehicles as defined in section 168.10, 
 11.12  subdivisions 1a and 1b, or (iii) (3) sales by a licensed 
 11.13  auctioneer selling motor vehicles at an auction if, in the 
 11.14  ordinary course of the auctioneer's business, the sale of motor 
 11.15  vehicles is incidental to the sale of other real or personal 
 11.16  property.  For purposes of this subdivision, a charitable 
 11.17  organization means a nonprofit charitable organization that 
 11.18  qualifies for tax exemption under section 501(c)(3) of the 
 11.19  Internal Revenue Code. 
 11.20     (c) A person whose sales of new and used motor vehicles 
 11.21  consist solely of sales to political subdivisions and their 
 11.22  agencies of vehicles used solely as firefighting equipment is 
 11.23  not required to obtain a license under this section.  The person 
 11.24  may apply for and receive in-transit plates under subdivision 17 
 11.25  in the same manner as licensed motor vehicle dealers for the 
 11.26  purpose of allowing firefighting equipment to be transported 
 11.27  from the dealer's source of supply or other place of storage to 
 11.28  the dealer's place of business, to another place of storage, or 
 11.29  directly to the purchaser. 
 11.30     Sec. 4.  Minnesota Statutes 1998, section 169.781, is 
 11.31  amended by adding a subdivision to read: 
 11.32     Subd. 10.  [EXEMPTION.] This section does not apply to a 
 11.33  vehicle operated by a motor carrier of passengers, as defined in 
 11.34  section 221.011, subdivision 48, if the vehicle has been 
 11.35  inspected under section 221.0252, subdivision 3, paragraph (a), 
 11.36  clause (2), within the previous 12 months. 
 12.1      Sec. 5.  Minnesota Statutes 1999 Supplement, section 
 12.2   174.86, subdivision 2, is amended to read: 
 12.3      Subd. 2.  [PHYSICAL DESIGN COMPONENT; LOCAL PARTICIPATION.] 
 12.4   At least 30 days before the hearing under subdivision 1, the 
 12.5   commissioner shall submit the physical design component of the 
 12.6   advanced corridor plan to the governing body of each statutory 
 12.7   and home rule charter city, county, and town in which the route 
 12.8   is to be located.  Within 45 days after the hearing under 
 12.9   subdivision 1, the city, county, or town shall review and 
 12.10  comment on the plan.  Within 45 days of the hearing, a city or 
 12.11  town shall approve or disapprove the location and design of the 
 12.12  station physical design component for the route to be located in 
 12.13  the city or town.  A city or town that disapproves shall 
 12.14  describe specific amendments to the plan that, if adopted, would 
 12.15  cause the city or town to withdraw its disapproval.  Failure to 
 12.16  comment in writing within 45 days after the hearing is deemed to 
 12.17  be accepted unless an extension of time is agreed to by the 
 12.18  metropolitan planning organization and the commissioner of 
 12.19  transportation.  If one or more cities disapproves of the 
 12.20  physical design component for the route the commissioner may 
 12.21  adopt the cities' proposed amendments to the physical design 
 12.22  component or may proceed as provided in subdivision 2a. 
 12.23     Sec. 6.  Minnesota Statutes 1999 Supplement, section 
 12.24  174.86, is amended by adding a subdivision to read: 
 12.25     Subd. 2a.  [APPEAL BOARD.] (a) If the governing body of a 
 12.26  city to which a physical design component has been submitted 
 12.27  under subdivision 2, disapproves the physical design component 
 12.28  within the period allowed under subdivision 2, and the 
 12.29  commissioner decides not to adopt the city's proposed amendments 
 12.30  to the physical design component, an appeal board of three 
 12.31  members shall be appointed.  One of the members must be 
 12.32  appointed by the governor and one by the governing body of the 
 12.33  disapproving city.  If more than one city had disapproved the 
 12.34  physical design component the governing body of each such city 
 12.35  shall, jointly by resolution, appoint one member.  The two 
 12.36  members so appointed shall appoint the third member.  If the two 
 13.1   members cannot agree on a third member within 30 days after the 
 13.2   second member has been appointed, the chief justice of the 
 13.3   supreme court shall appoint the third member on application of 
 13.4   the commissioner after five days' notice to the first two 
 13.5   members.  The appeal board shall select a chair from its members.
 13.6      (b) The appeal board shall, on notice to the commissioner 
 13.7   and the affected cities, hold an appeal hearing on the physical 
 13.8   design component as proposed by the commissioner, and alternates 
 13.9   presented by the disapproving city or cities.  The board shall 
 13.10  take into consideration all aspects of the physical design 
 13.11  component of the advanced corridor plan.  After considering all 
 13.12  the evidence in the record, the appeal board shall issue an 
 13.13  order approving the commissioner's proposed physical design 
 13.14  component or one of the alternatives.  The appeal board shall be 
 13.15  limited in its ruling to any previously submitted physical 
 13.16  design component of the commissioner or an alternate presented 
 13.17  by the city or cities in response to the commissioner.  A copy 
 13.18  of the order and a memorandum setting forth the reasons therefor 
 13.19  shall be filed with the secretary of state, and shall be mailed 
 13.20  to the commissioner and each affected city and metropolitan 
 13.21  planning organization.  The commissioner may proceed with 
 13.22  construction of the commuter rail facility only in accordance 
 13.23  with the order of the appeal board. 
 13.24     (c) The investigatory powers, compensation, and payment of 
 13.25  expenses of an appeal board established under this subdivision 
 13.26  shall be as provided for a highway appeal board under section 
 13.27  161.176. 
 13.28     Sec. 7.  Minnesota Statutes 1998, section 216B.16, is 
 13.29  amended by adding a subdivision to read: 
 13.30     Subd. 17.  [EXPENSE RELATED TO LIGHT RAIL TRANSIT.] The 
 13.31  commissioner of transportation shall include in the department's 
 13.32  budget for total light rail project costs all nonbetterment 
 13.33  costs associated with relocating facilities used for providing 
 13.34  public utility and telephone service that are incurred due to 
 13.35  light rail construction.  Public utilities, telephone companies 
 13.36  as defined in section 237.01, subdivision 2, and 
 14.1   telecommunications companies as defined in section 237.01, 
 14.2   subdivision 6, that are required to relocate those facilities 
 14.3   are entitled to reimbursement from the state for the 
 14.4   nonbetterment costs of the relocation. 
 14.5      Sec. 8.  Minnesota Statutes 1999 Supplement, section 
 14.6   221.0252, subdivision 7, is amended to read: 
 14.7      Subd. 7.  [EXEMPTIONS FROM REGULATION.] Notwithstanding any 
 14.8   other law, motor carriers of passengers are exempt from sections 
 14.9   221.121; 221.122; 221.123; 221.132; 221.151; 221.161; and 
 14.10  221.171. 
 14.11     Sec. 9.  Minnesota Statutes 1998, section 221.131, 
 14.12  subdivision 4, is amended to read: 
 14.13     Subd. 4.  [FLOATER CARD; FEE.] The department may issue to 
 14.14  carriers subject to subdivision 2 or 3 special "floater" 
 14.15  identification cards up to a maximum of five per motor carrier.  
 14.16  Floater cards may be freely transferred between vehicles that 
 14.17  have evidence of being inspected under section 221.0252, 
 14.18  subdivision 3, paragraph (a), clause (2), within the previous 12 
 14.19  months, or have a current Commercial Vehicle Safety Alliance 
 14.20  decal, and that are used under short-term leases by the motor 
 14.21  carrier.  The motor carrier shall pay a fee of $100 for each 
 14.22  floater card issued.  
 14.23     Sec. 10.  Minnesota Statutes 1998, section 221.132, is 
 14.24  amended to read: 
 14.25     221.132 [PREPAID TEMPORARY VEHICLE IDENTIFICATION CARD.] 
 14.26     For special or extraordinary events, the commissioner may 
 14.27  issue a prepaid temporary vehicle identification card to a 
 14.28  permit or certificate holder subject to section 221.131, 
 14.29  subdivision 2 or 3, for a fee of $5 per card.  The card must be 
 14.30  preprinted by the commissioner with the carrier's name, address, 
 14.31  and permit or certificate number.  The card may be used by the 
 14.32  motor carrier to whom it is issued to identify a vehicle 
 14.33  temporarily added to its fleet, if the vehicle has evidence of 
 14.34  being inspected under section 221.0252, subdivision 3, paragraph 
 14.35  (a), clause (2), within the previous 12 months, or has a current 
 14.36  Commercial Vehicle Safety Alliance decal.  The card must be 
 15.1   executed by the motor carrier by dating and signing the card and 
 15.2   describing the vehicle in which it will be carried.  The 
 15.3   identification card is valid for a period of ten days from the 
 15.4   date the motor carrier places on the card when the card is 
 15.5   executed.  The card must be used within one year from the date 
 15.6   of issuance by the commissioner.  The card may not be used if 
 15.7   the permit or certificate is not in full force and effect.  The 
 15.8   card may not be transferred.  The commissioner may not refund 
 15.9   the cost of unused prepaid temporary vehicle identification 
 15.10  cards. 
 15.11     Sec. 11.  [462.3953] [SPECIAL PERMITS; ISSUANCE OF PERMITS 
 15.12  REQUIRED.] 
 15.13     Once a municipality has issued a special permit for the 
 15.14  conduct of a specific business or use for a project subject to 
 15.15  section 116G.151, whether issuance occurs before or after the 
 15.16  effective date of this section, and upon completion of an 
 15.17  environmental assessment worksheet and issuance of a negative 
 15.18  declaration for the business or use, whether completion and 
 15.19  issuance occurs before or after the effective date of this 
 15.20  section, and the specific business uses river transportation as 
 15.21  a major mode of transportation, a municipality shall issue all 
 15.22  permits for the business or use notwithstanding any other 
 15.23  statute, rule, permit or local ordinance, resolution, or 
 15.24  moratorium. 
 15.25     Sec. 12.  Minnesota Statutes 1998, section 473.388, 
 15.26  subdivision 2, is amended to read: 
 15.27     Subd. 2.  [REPLACEMENT SERVICE; ELIGIBILITY.] The council 
 15.28  may provide assistance under the program to a statutory or home 
 15.29  rule charter city or town or combination thereof, that:  
 15.30     (a) is located in the metropolitan transit taxing district; 
 15.31     (b) is not served by the council bus service or is served 
 15.32  only with council bus routes which begin or end within the 
 15.33  applying city or town or combination thereof; and 
 15.34     (c) has fewer than four scheduled runs of council bus 
 15.35  service during off-peak hours defined in section 473.408, 
 15.36  subdivision 1.  
 16.1      Eligible cities or towns or combinations thereof may apply 
 16.2   on behalf of a transit operator with whom they propose to 
 16.3   contract for service.  
 16.4      The council may not provide assistance under this section 
 16.5   to a statutory or home rule charter city or town unless the city 
 16.6   or town, 
 16.7      (i) was receiving assistance under Minnesota Statutes 1982, 
 16.8   section 174.265 by July 1, 1984, 
 16.9      (ii) had submitted an application for assistance under that 
 16.10  section by July 1, 1984, or 
 16.11     (iii) had submitted a letter of intent to apply for 
 16.12  assistance under that section by July 1, 1984, and submits an 
 16.13  application for assistance under this section by July 1, 1988.  
 16.14  A statutory or home rule charter city or town has an additional 
 16.15  12-month extension if it notified the former regional transit 
 16.16  board before July 1, 1988, that the city or town is in the 
 16.17  process of completing a transportation evaluation study that 
 16.18  includes an assessment of the local transit needs of the city or 
 16.19  town. 
 16.20     Sec. 13.  [REPORT; METRO MOBILITY.] 
 16.21     (a) The metropolitan council shall report to the chairs of 
 16.22  the senate and house of representatives committees having 
 16.23  jurisdiction over transportation policy and transportation 
 16.24  finance on the future of the metro mobility paratransit system.  
 16.25  The report must include options, alternatives, and strategies 
 16.26  for: 
 16.27     (1) increasing the availability of metro mobility service 
 16.28  to meet present and anticipated demand; 
 16.29     (2) integrating metro mobility service into the new and 
 16.30  expanded transit services described in the council's regional 
 16.31  transit master plan; 
 16.32     (3) integration of private taxi services to provide a more 
 16.33  efficient pick up and delivery system, and potential savings 
 16.34  from doing so; and 
 16.35     (4) changes in state or federal law, including, but not 
 16.36  limited to, changes in fare structure and requirements, to 
 17.1   increase effectiveness of the service.  
 17.2      (b) In conducting the study and preparing the report the 
 17.3   council must consult with its transportation accessibility 
 17.4   advisory council. 
 17.5      (c) The council must submit the report by February 1, 2001. 
 17.6      Sec. 14.  [WORKING GROUP TO ASSESS RAIL LINE PROJECT.] 
 17.7      (a) The commissioners of agriculture, transportation, and 
 17.8   trade and economic development shall convene as a working group 
 17.9   to assess the economic, social, and environmental impact of the 
 17.10  DM&E rail line project.  The working group shall develop 
 17.11  recommendations to the legislature on ways to maximize 
 17.12  opportunities to move Minnesota products to market while 
 17.13  minimizing environmental, social, and other public costs.  The 
 17.14  recommendations must include methods to: 
 17.15     (1) maximize the volume of Minnesota products on the DM&E 
 17.16  rail line; 
 17.17     (2) assure appropriate environmental protections are used 
 17.18  to minimize land use, protect wetlands, and mitigate noise or 
 17.19  other environmental impacts; 
 17.20     (3) fully involve local units of government in siting 
 17.21  issues and right-of-way acquisitions; and 
 17.22     (4) determine what direct and indirect costs are likely to 
 17.23  accrue to local units of government and private property owners. 
 17.24     (b) The working group shall directly negotiate with the 
 17.25  rail line to assure timely access for shipping Minnesota 
 17.26  products and to assure minimal environmental and social impact.  
 17.27  The working group shall also consider modifications to ports and 
 17.28  other infrastructure that could enhance, benefit, and minimize 
 17.29  the impact of the DM&E project in Minnesota.  The working group 
 17.30  shall confer with local governments on the DM&E rail line and 
 17.31  report to the legislature by January 15, 2001, on the project 
 17.32  costs to local units of government for mitigations, right-of-way 
 17.33  acquisitions, crossing safety, or other direct impacts of the 
 17.34  project. 
 17.35     Sec. 15.  [PUBLIC SAFETY RADIO SYSTEM STUDY.] 
 17.36     Subdivision 1.  [PLANNING COMMITTEE.] The commissioners of 
 18.1   administration, transportation, and public safety shall convene 
 18.2   a planning committee to report to the legislature on a plan for 
 18.3   development of an 800 megahertz statewide shared public safety 
 18.4   radio system.  The planning committee must provide a means for 
 18.5   inclusion of input from representatives of local governments and 
 18.6   major system user groups. 
 18.7      Subd. 2.  [REPORT CONTENTS.] The committee shall review: 
 18.8      (1) current and future needs and capacities of radio 
 18.9   systems in outstate areas; 
 18.10     (2) the potential for implementation of a multi-agency and 
 18.11  multijurisdictional shared radio system; 
 18.12     (3) potential guidelines for governance and system 
 18.13  participation by state and local units of government; and 
 18.14     (4) statutory changes required to implement a statewide 800 
 18.15  megahertz shared public safety radio system. 
 18.16     Subd. 3.  [REVIEW CONSIDERATIONS.] In performing the duties 
 18.17  under this section, the planning committee may consider: 
 18.18     (1) assessment of current uses, needs, and capacities, 
 18.19  including growth and expansion capacities, by each local 
 18.20  government and by each major user group; 
 18.21     (2) estimates of future needs by each local government and 
 18.22  by each major user group; 
 18.23     (3) estimates by each local government and by each major 
 18.24  user group of the anticipated level and timeline for utilizing 
 18.25  the radio system; 
 18.26     (4) analysis of the expected costs of implementing the 
 18.27  radio system; and 
 18.28     (5) proposed funding mechanisms, including options for 
 18.29  allocating costs among local governments and user groups. 
 18.30     Subd. 4.  [PUBLIC MEETINGS.] After completing its duties 
 18.31  under subdivisions 2 and 3, the planning committee shall prepare 
 18.32  a draft report to local governments and major user groups in all 
 18.33  outstate areas.  The draft report must also be made available to 
 18.34  the public.  After preparing and disseminating the draft report 
 18.35  and before presenting the final report to the legislature, the 
 18.36  planning committee shall meet with representatives of local 
 19.1   governments and user groups in each department of public safety 
 19.2   radio communication district to explain the report and seek 
 19.3   comment. 
 19.4      Subd. 5.  [REPORT.] By February 1, 2001, the commissioner 
 19.5   of administration shall report to the legislature on the 
 19.6   findings and recommendations of the planning committee.  The 
 19.7   report must also identify any changes in statutory authority and 
 19.8   funding options necessary to provide for implementation of the 
 19.9   statewide, 800 megahertz, shared, public safety radio system. 
 19.10     Sec. 16.  [EFFECTIVE DATE.] 
 19.11     Sections 2 to 11 and 13 to 15 are effective the day 
 19.12  following final enactment.  Section 12 is effective July 1, 2001.