HF 605

as introduced - 86th Legislature (2009 - 2010) Posted on 02/09/2010 01:39am

A bill for an act
relating to transportation; modifying management, priorities, research, and
planning provisions related to Department of Transportation; requiring reports;
requiring modification of rules; amending Minnesota Statutes 2008, sections
43A.17, subdivision 4; 161.53; 165.03, by adding a subdivision; 174.02,
subdivisions 1a, 2; 174.03, subdivision 1a; proposing coding for new law in
Minnesota Statutes, chapters 162; 167.

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

Section 1.

Minnesota Statutes 2008, section 43A.17, subdivision 4, is amended to read:

Subd. 4.

Exceptions.

(a) The commissioner may without regard to subdivision 1
establish special salary rates and plans of compensation designed to attract and retain
exceptionally qualified doctors of medicine and doctors of dental surgery. These rates
and plans shall be included in the commissioner's plan. In establishing salary rates and
eligibility for nomination for payment at special rates, the commissioner shall consider the
standards of eligibility established by national medical specialty boards where appropriate.
The incumbents assigned to these special ranges shall be excluded from the collective
bargaining process.

(b) The commissioner may without regard to subdivision 1, but subject to collective
bargaining agreements or compensation plans, establish special salary rates designed to
attract and retain exceptionally qualified employees in the following positions:

(1) information systems staff;

(2) actuaries in the Departments of Health, Human Services, and Commerce; deleted text begin and
deleted text end

(3) epidemiologists in the Department of Health new text begin ; and
new text end

new text begin (4) professional engineers under section 326.02 in the Department of Transportation new text end .

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2009.
new text end

Sec. 2.

Minnesota Statutes 2008, section 161.53, is amended to read:

161.53 RESEARCH ACTIVITIES.

new text begin (a) new text end The commissioner may set aside in each fiscal year up to two percent of the
total amount of all funds appropriated to the commissioner other than county state-aid
and municipal state-aid highway funds for transportation research including public and
private research partnerships. The commissioner shall spend this money for (1) research
to improve the design, construction, maintenance, management, and environmental
compatibility of transportation systems; (2) research on transportation policies that
enhance energy efficiency and economic development; (3) programs for implementing and
monitoring research results; and (4) development of transportation education and outreach
activities. new text begin The commissioner shall give serious consideration to spending a portion of
the funds under this section for ongoing research into innovations in bridge-monitoring
technology and bridge-inspection technology; bridge-inspection techniques and best
practices; and, the cost-effectiveness of deferred or lower cost highway and bridge
maintenance activities and its impacts on long-term trunk highway maintenance needs.
new text end

new text begin (b) new text end Of all funds appropriated to the commissioner other than state-aid funds, the
commissioner shall spend at least 0.1 percent, but not exceeding $1,200,000 in any fiscal
year, for research and related activities performed by the Center for Transportation Studies
of the University of Minnesota. The center shall establish a technology transfer and
training center for Minnesota transportation professionals.

Sec. 3.

new text begin [162.175] HIGHWAY AND BRIDGE PROJECT PRIORITIZATION.
new text end

new text begin (a) The commissioner shall annually ensure, before releasing county state-aid
highway funds or municipal state-aid street funds under this chapter to a county or city for
that year, that the county or city has submitted to the commissioner a highway and bridge
project prioritization briefing. At a minimum, the briefing must:
new text end

new text begin (1) summarize key priorities or strategic goals of the road authority in constructing,
improving, and maintaining all streets and highways under its jurisdiction;
new text end

new text begin (2) identify criteria, including any performance targets or measures that the road
authority uses to select highway projects; and
new text end

new text begin (3) outline the condition of (i) each fracture-critical bridge, including any plans for
replacing or repairing the bridge, and (ii) any other bridges or highway segments under the
jurisdiction of the road authority that pose significant safety concerns.
new text end

new text begin (b) Annually by February 1, the commissioner shall submit a report containing the
briefings received under paragraph (a), and a list of any counties or cities that have not
submitted the briefing, to the chairs and ranking minority members of the senate and house
of representatives committees with jurisdiction over transportation policy and finance.
new text end

new text begin (c) For purposes of this section, "jurisdiction" for counties includes town roads, and
streets and highways in cities having a population under 5,000.
new text end

Sec. 4.

Minnesota Statutes 2008, section 165.03, is amended by adding a subdivision
to read:

new text begin Subd. 8. new text end

new text begin Annual report on bridge inspection quality assurance. new text end

new text begin Annually by
February 1, the commissioner shall submit a report to the chairs and ranking minority
members of the senate and house of representatives committees with jurisdiction over
transportation policy and finance concerning quality assurance for bridge inspections.
At a minimum, the report must:
new text end

new text begin (1) summarize the bridge inspection quality assurance and quality control procedures
used in Minnesota;
new text end

new text begin (2) identify any substantive changes to quality assurance and quality control
procedures made in the past year;
new text end

new text begin (3) provide a briefing on findings from bridge inspection quality reviews performed
in the past year;
new text end

new text begin (4) summarize the results of any bridge inspection compliance review by the United
States Department of Transportation; and
new text end

new text begin (5) identify actions in response to the United State Department of Transportation
compliance review taken by the department in order to reach full compliance.
new text end

Sec. 5.

new text begin [167.60] DEBT FINANCING MANAGEMENT POLICY.
new text end

new text begin (a) By February 1, 2010, the commissioner shall develop a debt-financing
management policy for trunk highway bonds, federal advanced construction funds,
and other forms of highway financing based on debt or future repayment. The policy
must be used by the department to guide decision making related to debt financing. The
commissioner may update the policy as necessary. In developing and updating the policy,
the commissioner shall consult with the commissioner of management and budget and
the chairs and ranking minority members of the senate and house of representatives
committees with jurisdiction over transportation finance.
new text end

new text begin (b) The debt-financing management policy must address relevant financial issues,
including but not limited to:
new text end

new text begin (1) limits on cumulative amounts of debt for the trunk highway system from all
state and federal sources;
new text end

new text begin (2) eligibility of projects for debt-financing funds;
new text end

new text begin (3) allocation and use of funds;
new text end

new text begin (4) terms of debt service and methods of repayment;
new text end

new text begin (5) management of trunk highway fund balance impacts; and
new text end

new text begin (6) mitigation of risks from different forms of debt financing.
new text end

new text begin (c) Upon creation or formal revision of the debt-financing management policy, the
commissioner shall distribute copies to the chairs and ranking minority members of the
senate and house of representatives committees with jurisdiction over transportation
finance, and as required for reports to the legislature under section 3.195, subdivision 1.
new text end

Sec. 6.

Minnesota Statutes 2008, section 174.02, subdivision 1a, is amended to read:

Subd. 1a.

Mission; efficiency; legislative report, recommendations.

It is part
of the department's mission that within the department's resources the commissioner
shall endeavor to:

(1) prevent the waste or unnecessary spending of public money;

(2) use innovative fiscal and human resource practices to manage the state's
resources and operate the department as efficiently as possible;

(3) minimize the degradation of air and water quality;

(4) coordinate the department's activities wherever appropriate with the activities
of other governmental agencies;

(5) use technology where appropriate to increase agency productivity, improve
customer service, increase public access to information about government, and increase
public participation in the business of government;

(6) utilize constructive and cooperative labor-management practices to the extent
otherwise required by chapters 43A and 179A;

(7) new text begin ensure that the safety of Minnesota's transportation infrastructure is a primary
priority;
new text end

new text begin (8) new text end report to the legislature on the performance of agency operations and the
accomplishment of agency goals in the agency's biennial budget according to section
16A.10, subdivision 1; and

deleted text begin (8) deleted text end new text begin (9) new text end recommend to the legislature appropriate changes in law necessary to carry
out the mission and improve the performance of the department.

Sec. 7.

Minnesota Statutes 2008, section 174.02, subdivision 2, is amended to read:

Subd. 2.

Unclassified positions.

The commissioner may establish four positions
in the unclassified service at the deputy and assistant commissioner, assistant to
commissioner or personal secretary levels. No more than two of these positions shall
be at the deputy commissioner level. new text begin One of the positions of commissioner or deputy
commissioner must serve as the chief engineer and be licensed as a professional engineer
under section 326.02.
new text end

Sec. 8.

Minnesota Statutes 2008, section 174.03, subdivision 1a, is amended to read:

Subd. 1a.

Revision of deleted text begin state deleted text end new text begin statewide new text end transportation plan.

new text begin (a) new text end The commissioner
shall revise the deleted text begin state deleted text end new text begin statewide new text end transportation plan by January 1, deleted text begin 1996, January 1, 2000 deleted text end new text begin
2010 new text end , and, if the requirements of clauses (1) and (2) have been met in the previous
revision, by January 1 of every third even-numbered year thereafter. Before final adoption
of a revised plan, the commissioner shall hold a hearing to receive public comment on the
preliminary draft of the revised plan. The revised deleted text begin state deleted text end new text begin statewide new text end transportation plan must:

(1) incorporate the goals of the state transportation system in section 174.01; deleted text begin and deleted text end

(2) establish objectives, policies, and strategies for achieving those goals new text begin ; and
new text end

new text begin (3) identify performance targets for measuring progress and achievement of
transportation system goals, objectives, or policies new text end .

new text begin (b) The commissioner shall include an analysis of each performance target identified
under paragraph (a), clause (3), that fails to meet the target outcome, as previously
measured or as projected for future years. The analysis must include, but is not limited to:
new text end

new text begin (1) a summary of previous year trend measurements;
new text end

new text begin (2) a review of the failure or projected failure to meet the performance target; and
new text end

new text begin (3) a timeline that contains an expected year for achievement of the target or an
explanation of why the target is not expected to be achieved within the time frame of
the statewide transportation plan.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 9. new text begin REPORT ON DEPARTMENT OF TRANSPORTATION MANAGEMENT
CHANGES.
new text end

new text begin (a) By February 1, 2010, the commissioner of transportation shall submit a report
to the chairs and ranking minority members of the senate and house of representatives
committees with jurisdiction over transportation policy and finance concerning recent
changes in the department's organizational structure, internal procedures and practices,
and anticipated budget. The report must include, but is not limited to:
new text end

new text begin (1) a summary and review of the department organizational structure for bridge
management, maintenance, and inspections, including a brief explanation of any relevant
structural or organizational changes made since August 1, 2007;
new text end

new text begin (2) an analysis of the division of bridge-related duties and decision-making
responsibilities between districts and central administration;
new text end

new text begin (3) a summary of current agency procedures and processes, and any changes made
since August 1, 2007, related to:
new text end

new text begin (i) initiation of bridge re-rating and use of bridge inspection findings in the re-rating
process;
new text end

new text begin (ii) implementation of agencywide standards for documenting bridge inspection
findings and decision making for postinspection bridge maintenance; and
new text end

new text begin (iii) other changes designed to ensure or enhance the safety of Minnesota's
transportation infrastructure; and
new text end

new text begin (4) a budget analysis of anticipated funding and funding allocations for pavement
preservation and highway maintenance, safety projects, mobility enhancement projects,
and highway and bridge construction, for fiscal years 2011 through 2018, including a
discussion of any anticipated budgetary challenges or risks.
new text end

new text begin (b) In addition to a written report, the commissioner shall prepare a summary of
findings from the report for distribution and oral testimony to the legislature. The chairs of
the senate and house of representatives committees with jurisdiction over transportation
finance shall make every reasonable effort to arrange testimony from the department
during the 2010 legislative session.
new text end

Sec. 10. new text begin RULEMAKING; BRIDGE INSPECTION FREQUENCY.
new text end

new text begin (a) The commissioner of transportation shall amend Minnesota Rules, section
8810.9400, subpart 1, to establish a specific limit to the number of months that can
elapse between inspections of each bridge, unless a longer period is authorized by the
commissioner.
new text end

new text begin (b) The rules adopted by the commissioner under this section are exempt from the
rulemaking provisions of chapter 14. The rules are subject to Minnesota Statutes, section
14.386, except that notwithstanding paragraph (b) of Minnesota Statutes, section 14.386,
the rules continue in effect until repealed or superseded by other law or rule.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end