SF 484

1st Engrossment - 80th Legislature (1997 - 1998) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act
  1.2             relating to transportation; authorizing advance 
  1.3             payment when required by federal government for 
  1.4             transportation project; providing for payment for 
  1.5             costs of certain culverts when abutting landowner is a 
  1.6             road authority; removing and transferring jurisdiction 
  1.7             of certain highways; requiring owners of certain 
  1.8             bridges to inventory and regularly inspect their 
  1.9             bridges; clarifying inspection requirement for toll 
  1.10            and other bridges; transferring remaining duties and 
  1.11            powers relating to regulating railroads from 
  1.12            transportation regulation board to commissioner of 
  1.13            transportation; providing that commissioner of 
  1.14            transportation may provide assistance for 
  1.15            municipalities' air transportation services, with 
  1.16            costs paid from state airports fund; modifying 
  1.17            contractor bond requirements for transportation 
  1.18            projects costing less than $75,000 or relating to the 
  1.19            installation of certain capital equipment; extending 
  1.20            procurement pilot project for department of 
  1.21            transportation; authorizing conveyance of certain 
  1.22            tax-forfeited and acquired land that borders public 
  1.23            water or natural wetlands in Hennepin county; making 
  1.24            technical changes; amending Minnesota Statutes 1996, 
  1.25            sections 161.115, subdivisions 38 and 87; 165.03; 
  1.26            174A.06; 360.015, by adding a subdivision; 360.017, 
  1.27            subdivision 1; and 574.26, subdivision 1a; Laws 1995, 
  1.28            chapter 248, article 13, section 4, subdivision 2; 
  1.29            proposing coding for new law in Minnesota Statutes, 
  1.30            chapter 16B; repealing Minnesota Statutes 1996, 
  1.31            section 161.115, subdivision 57. 
  1.32  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.33     Section 1.  [16B.171] [EXCEPTION FOR FEDERAL TRANSPORTATION 
  1.34  CONTRACTS.] 
  1.35     Notwithstanding section 16B.17 or other law to the 
  1.36  contrary, the commissioner of transportation may, when required 
  1.37  by a federal agency entering into an intergovernmental contract, 
  1.38  negotiate contract terms providing for full or partial 
  2.1   prepayment to the federal agency before work is performed or 
  2.2   services are provided. 
  2.3      Sec. 2.  Minnesota Statutes 1996, section 161.115, 
  2.4   subdivision 38, is amended to read: 
  2.5      Subd. 38.  [ROUTE NO. 107.] Beginning at the terminus of 
  2.6   Route No. 10 on the westerly limits on the city of Minneapolis, 
  2.7   thence extending in an easterly direction to a point on Route 
  2.8   No. 104 as herein established at or near Washington Avenue in 
  2.9   the city of Minneapolis. 
  2.10     Sec. 3.  Minnesota Statutes 1996, section 161.115, 
  2.11  subdivision 87, is amended to read: 
  2.12     Subd. 87.  [ROUTE NO. 156.] Beginning at a point on Route 
  2.13  No. 394 105 in the city of Minneapolis and extending in a 
  2.14  northerly and westerly direction to a point on Route No. 62 
  2.15  easterly of the Great Northern Railway at or near the city of 
  2.16  Coon Rapids. 
  2.17     Sec. 4.  Minnesota Statutes 1996, section 165.03, is 
  2.18  amended to read: 
  2.19     165.03 [STRENGTH OF BRIDGES; INSPECTIONS.] 
  2.20     Subdivision 1.  [STANDARDS GENERALLY.] Each bridge, 
  2.21  including a privately owned bridge, must conform to the 
  2.22  strength, width, clearance, and safety standards imposed by the 
  2.23  commissioner for the connecting highway or street.  This 
  2.24  subdivision applies to a bridge that is constructed after August 
  2.25  1, 1989, on any public highway or street.  The bridge must have 
  2.26  sufficient strength to support with safety the maximum vehicle 
  2.27  weights allowed under section 169.825 and must have the minimum 
  2.28  width specified in section 165.04, subdivision 3. 
  2.29     Subd. 2.  [INSPECTION AND INVENTORY RESPONSIBILITIES; 
  2.30  RULES; FORMS.] The commissioner of transportation shall adopt 
  2.31  official inventory and bridge inspection report forms for use in 
  2.32  making bridge inspections by the owners or highway authorities 
  2.33  specified by this subdivision.  Bridge inspections shall be made 
  2.34  at regular intervals, not to exceed two years, by the following 
  2.35  officials owner or official: 
  2.36     (a) The commissioner of transportation for all bridges 
  3.1   located wholly or partially within or over the right-of-way of a 
  3.2   state trunk highway. 
  3.3      (b) The county highway engineer for all bridges located 
  3.4   wholly or partially within or over the right-of-way of any 
  3.5   county or township road, or any street within a municipality 
  3.6   which does not have a city engineer regularly employed. 
  3.7      (c) The city engineer for all bridges located wholly or 
  3.8   partially within or over the right-of-way of any street located 
  3.9   within or along municipal limits. 
  3.10     (d) The commissioner of transportation in case of a toll 
  3.11  bridge that is used by the general public and that is not 
  3.12  inspected and certified under subdivision 6; provided, that the 
  3.13  commissioner of transportation may assess the owner for the 
  3.14  costs of such inspection. 
  3.15     (e) The owner of a bridge over a public highway or street 
  3.16  or that carries a roadway designated for public use by a public 
  3.17  authority, if not required to be inventoried and inspected under 
  3.18  paragraph (a), (b), (c), or (d). 
  3.19     The commissioner of transportation shall prescribe the 
  3.20  standards for bridge inspection and inventory by rules.  The 
  3.21  specified owner or highway authorities authority shall inspect 
  3.22  and inventory in accordance with these standards and furnish the 
  3.23  commissioner with such data as may be necessary to maintain a 
  3.24  central inventory. 
  3.25     Subd. 3.  [COUNTY INVENTORY AND INSPECTION RECORDS AND 
  3.26  REPORTS.] The county engineer shall maintain a complete 
  3.27  inventory record of all bridges as set forth in subdivision 2, 
  3.28  paragraph (b), with the inspection reports thereof, and shall 
  3.29  certify annually to the commissioner, as prescribed by the 
  3.30  commissioner, that inspections have been made at regular 
  3.31  intervals not to exceed two years.  A report of the inspections 
  3.32  shall be filed annually, on or before February 15 of each year, 
  3.33  with the county auditor or township town clerk, or the governing 
  3.34  body of the municipality.  The report shall contain 
  3.35  recommendations for the correction of, or legal posting of load 
  3.36  limits on any bridge or structure that is found to be 
  4.1   understrength or unsafe. 
  4.2      Subd. 4.  [MUNICIPAL INVENTORY AND INSPECTION RECORDS AND 
  4.3   REPORTS.] The city engineer shall maintain a complete inventory 
  4.4   record of all bridges as set forth in subdivision 2, 
  4.5   paragraph (c), with the inspection reports thereof, and shall 
  4.6   certify annually to the commissioner, as prescribed by the 
  4.7   commissioner, that inspections have been made at regular 
  4.8   intervals not to exceed two years.  A report of the inspections 
  4.9   shall be filed annually, on or before February 15 of each year, 
  4.10  with the governing body of the municipality.  The report shall 
  4.11  contain recommendations for the correction of, or legal posting 
  4.12  of load limits on any bridge or structure that is found to be 
  4.13  understrength or unsafe. 
  4.14     Subd. 5.  [AGREEMENTS.] Agreements may be made among the 
  4.15  various units of governments, or between governmental units and 
  4.16  qualified engineering personnel to carry out the 
  4.17  responsibilities for the bridge inspections and reports, as 
  4.18  established by subdivision 2. 
  4.19     Subd. 6.  [TOLL OTHER BRIDGES.] The owner of a toll bridge 
  4.20  and the owner of a bridge described in subdivision 2, paragraph 
  4.21  (e), shall certify to the commissioner, as prescribed by the 
  4.22  commissioner, that inspections of the bridge have been made at 
  4.23  regular intervals not to exceed two years.  The certification 
  4.24  shall be accompanied by a report of the inspection.  The report 
  4.25  shall contain recommendations for the correction of or legal 
  4.26  posting of load limitations if the bridge is found to be 
  4.27  understrength or unsafe. 
  4.28     Subd. 7.  [DEPARTMENT OF NATURAL RESOURCES BRIDGES.] (a) 
  4.29  Notwithstanding subdivision 2, the commissioners of 
  4.30  transportation and natural resources shall negotiate a 
  4.31  memorandum of understanding that governs the inspection of 
  4.32  bridges owned, operated, or maintained by the commissioner of 
  4.33  natural resources. 
  4.34     (b) The memorandum of understanding must provide for: 
  4.35     (1) the inspection and inventory of bridges subject to 
  4.36  federal law or regulations; 
  5.1      (2) the frequency of inspection of bridges described in 
  5.2   paragraph (a); and 
  5.3      (3) who may perform inspections required under the 
  5.4   memorandum of understanding. 
  5.5      Sec. 5.  Minnesota Statutes 1996, section 174A.06, is 
  5.6   amended to read: 
  5.7      174A.06 [CONTINUATION OF RULES.] 
  5.8      Orders and directives heretofore in force, issued, or 
  5.9   promulgated by the public service commission, public utilities 
  5.10  commission, or the department of transportation under authority 
  5.11  of chapters 174A, 216A, 218, 219, and 221, and 222 remain and 
  5.12  continue in force and effect until repealed, modified, or 
  5.13  superseded by duly authorized orders or directives of 
  5.14  the commissioner of transportation regulation board.  To the 
  5.15  extent allowed under federal law or regulation, rules adopted by 
  5.16  the public service commission, public utilities commission or 
  5.17  the department of transportation under authority of the 
  5.18  following sections are transferred to the commissioner of 
  5.19  transportation regulation board and continue in force and effect 
  5.20  until repealed, modified, or superseded by duly authorized rules 
  5.21  of the transportation regulation board commissioner:  
  5.22     (1) section 218.041 except rules related to the form and 
  5.23  manner of filing railroad rates, railroad accounting rules, and 
  5.24  safety rules; 
  5.25     (2) section 219.40; 
  5.26     (3) rules relating to rates or tariffs, or the granting, 
  5.27  limiting, or modifying of permits or certificates of convenience 
  5.28  and necessity under section 221.031, subdivision 1; 
  5.29     (4) rules relating to the sale, assignment, pledge, or 
  5.30  other transfer of a stock interest in a corporation holding 
  5.31  authority to operate as a permit carrier as prescribed in 
  5.32  section 221.151, subdivision 1, or a local cartage carrier under 
  5.33  section 221.296, subdivision 8; 
  5.34     (5) rules relating to rates, charges, and practices under 
  5.35  section 221.161, subdivision 4; and 
  5.36     (6) rules relating to rates, tariffs, or the granting, 
  6.1   limiting, or modifying of permits under sections 221.121, 
  6.2   221.151, and 221.296 or certificates of convenience and 
  6.3   necessity under section 221.071.  
  6.4      The board commissioner shall review the transferred rules, 
  6.5   orders, and directives and, when appropriate, develop and adopt 
  6.6   new rules, orders, or directives within 18 months of July 1, 
  6.7   1985. 
  6.8      Sec. 6.  Minnesota Statutes 1996, section 360.015, is 
  6.9   amended by adding a subdivision to read: 
  6.10     Subd. 13a.  [ASSISTANCE FOR MUNICIPALITY'S AIR 
  6.11  TRANSPORTATION SERVICES.] The commissioner may render assistance 
  6.12  to a municipality to initiate and enhance scheduled air service, 
  6.13  including marketing surveys and promotions.  The cost of this 
  6.14  assistance must be paid out of the state airports fund and from 
  6.15  legislative appropriations made for that purpose.  Money may be 
  6.16  spent for purposes of this section only with the approval and 
  6.17  under the supervision of the commissioner. 
  6.18     Sec. 7.  Minnesota Statutes 1996, section 360.017, 
  6.19  subdivision 1, is amended to read: 
  6.20     Subdivision 1.  [CREATION.] There is hereby created a fund 
  6.21  to be known as the state airports fund.  The fund shall consist 
  6.22  of all money appropriated to it, or directed to be paid into it, 
  6.23  by the legislature.  The state airports fund shall be paid out 
  6.24  on authorization of the commissioner and shall be used: 
  6.25     (1) to acquire, construct, improve, maintain, and operate 
  6.26  airports and other air navigation facilities and; 
  6.27     (2) to assist municipalities in the acquisition, 
  6.28  construction, improvement, and maintenance of airports and other 
  6.29  air navigation facilities.  The fund may also be used; 
  6.30     (3) to assist municipalities to initiate, enhance, and 
  6.31  market scheduled air service at their airports; 
  6.32     (4) to promote interest and safety in aeronautics through 
  6.33  education and information.; and 
  6.34     (5) to pay the salaries and expenses in of the department 
  6.35  of transportation related to aeronautic planning, 
  6.36  administration, and operation shall be paid from the state 
  7.1   airports fund.  All allotments of money from the state airports 
  7.2   fund for salaries and expenses shall be approved by the 
  7.3   commissioner of finance. 
  7.4      Sec. 8.  Minnesota Statutes 1996, section 574.26, 
  7.5   subdivision 1a, is amended to read: 
  7.6      Subd. 1a.  [EXEMPTION; EXEMPTIONS:  CERTAIN MANUFACTURERS; 
  7.7   COMMISSIONER OF TRANSPORTATION.] (a) Sections 574.26 to 574.32 
  7.8   do not apply to a manufacturer of public transit buses that 
  7.9   manufactures at least 100 public transit buses in a calendar 
  7.10  year.  For purposes of this section, "public transit bus" means 
  7.11  a motor vehicle designed to transport people, with a design 
  7.12  capacity for carrying more than 40 passengers, including the 
  7.13  driver.  The term "public transit bus" does not include a school 
  7.14  bus, as defined in section 169.01, subdivision 6. 
  7.15     (b) At the discretion of the commissioner of 
  7.16  transportation, sections 574.26 to 574.32 do not apply to any 
  7.17  projects of the department of transportation (1) costing less 
  7.18  than $75,000, or (2) involving the permanent or semipermanent 
  7.19  installation of heavy machinery, fixtures, or other capital 
  7.20  equipment to be used primarily for maintenance or repair. 
  7.21     Sec. 9.  Laws 1995, chapter 248, article 13, section 4, 
  7.22  subdivision 2, is amended to read: 
  7.23     Subd. 2.  [PILOT PROJECT.] Notwithstanding any law to the 
  7.24  contrary, the governor shall designate an executive agency that, 
  7.25  during the biennium ending department of transportation, until 
  7.26  June 30, 1997 1998, is exempt from any law, rule, or 
  7.27  administrative procedure that requires approval of the 
  7.28  commissioner of administration before an agency enters into a 
  7.29  contract.  The agency selected in this subdivision must 
  7.30  establish a process for obtaining goods and services that 
  7.31  complies with the policies in subdivision 1.  The process must 
  7.32  include guidelines to prevent conflicts of interest for agency 
  7.33  employees involved in developing bid specifications or 
  7.34  proposals, evaluating bids or proposals, entering into 
  7.35  contracts, or evaluating the performance of a contractor.  The 
  7.36  guidelines must attempt to ensure that such an employee: 
  8.1      (1) does not have any financial interest in and does not 
  8.2   personally benefit from the contract; 
  8.3      (2) does not accept from a contractor or bidder any 
  8.4   promise, obligation, contract for future reward, or gift, other 
  8.5   than an item of nominal value; and 
  8.6      (3) does not appear to have a conflict of interest because 
  8.7   of a family or close personal relationship to a contractor or 
  8.8   bidder, or because of a past employment or business relationship 
  8.9   with a contractor or bidder.  
  8.10     Upon request of the agency, the department of 
  8.11  administration shall provide the agency technical assistance in 
  8.12  designing such a process.  
  8.13     Sec. 10.  [SALE OF TAX-FORFEITED LAND; HENNEPIN COUNTY.] 
  8.14     (a) Notwithstanding Minnesota Statutes, sections 92.45 and 
  8.15  282.018, subdivision 1, Hennepin county may sell to the 
  8.16  Minnesota department of transportation the tax-forfeited land 
  8.17  bordering public water that is described in paragraph (c). 
  8.18     (b) The conveyance must be in the form approved by the 
  8.19  attorney general. 
  8.20     (c) The land that may be conveyed is located in the city of 
  8.21  Champlin, Hennepin county and is described as:  That part of Lot 
  8.22  11, Block 5, Auditor's Subdivision No. 15, according to the plat 
  8.23  thereof on file and of record in the office of the County 
  8.24  Recorder in and for Hennepin County, Minnesota, lying south of a 
  8.25  line run parallel with and distant 43 feet north of the south 
  8.26  line of Government Lot 3, Section 19, Township 120 North, Range 
  8.27  21 West and lying east of a line run parallel with and distant 
  8.28  36.5 feet east of the west line of said Government Lot 3; 
  8.29     together with all right of access, being the right of 
  8.30  ingress to and egress from said Lot 11 to U.S. Highway No. 169 
  8.31  and Hayden Lake Road. 
  8.32     Subject to permanent easement for sanitary sewers granted 
  8.33  to the metropolitan council on March 2, 1995, by the Hennepin 
  8.34  county auditor.  Subject to easements of record. 
  8.35     Sec. 11.  [INSTRUCTION TO REVISOR.] 
  8.36     The revisor of statutes is directed to change the terms 
  9.1   "transportation regulation board," "board," "board's," "board or 
  9.2   commissioner," "commissioner or board," "board or the 
  9.3   commissioner," "commissioner or the board," "commissioner and 
  9.4   the board," "commissioner and board," "board and the 
  9.5   commissioner," "board and commissioner," "department and board," 
  9.6   "board or department," and "board and the department," when 
  9.7   referring to the transportation regulation board, to the term 
  9.8   "commissioner," "commissioner's," or "commissioner of 
  9.9   transportation," as appropriate, wherever those terms appear in 
  9.10  Minnesota Statutes, chapters 218, 219, and 222. 
  9.11     Sec. 12.  [TRUNK HIGHWAYS; EFFECTIVE DATES; INSTRUCTION TO 
  9.12  REVISOR.] 
  9.13     Subdivision 1.  [DESCRIPTION OF ROUTE NO. 107 CHANGED; 
  9.14  EFFECTIVE DATE.] Section 2 is effective when an agreement to 
  9.15  transfer jurisdiction of a portion of marked Route No. 52 has 
  9.16  been signed by the commissioner of transportation and the chair 
  9.17  of the Hennepin county board and filed in the office of the 
  9.18  commissioner. 
  9.19     Subd. 2.  [ROUTE NO. 126 DISCONTINUED; EFFECTIVE 
  9.20  DATE.] Section 13 is effective when the transfer of jurisdiction 
  9.21  of legislative Route No. 126 is agreed to by the commissioner of 
  9.22  transportation and Ramsey county and a copy of the agreement, 
  9.23  signed by the commissioner and the chair of the Ramsey county 
  9.24  board, has been filed in the office of the commissioner. 
  9.25     Subd. 3.  [DESCRIPTION OF ROUTE NO. 156 CHANGED; EFFECTIVE 
  9.26  DATE.] Section 3 is effective when the transfer of jurisdiction 
  9.27  of a portion of the old route is agreed to by the commissioner 
  9.28  of transportation and Hennepin county and a copy of the 
  9.29  agreement, signed by the commissioner and the chair of the 
  9.30  Hennepin county board, has been filed in the office of the 
  9.31  commissioner. 
  9.32     Subd. 4.  [INSTRUCTION TO REVISOR.] The revisor of statutes 
  9.33  shall delete the route identified in subdivision 2 and change 
  9.34  the description of each route identified in subdivisions 1 and 3 
  9.35  in the next publication of Minnesota Statutes unless the 
  9.36  commissioner of transportation informs the revisor that the 
 10.1   conditions required to transfer a particular route were not 
 10.2   satisfied. 
 10.3      Sec. 13.  [REPEALER.] 
 10.4      Minnesota Statutes 1996, section 161.115, subdivision 57, 
 10.5   is repealed. 
 10.6      Sec. 14.  [EFFECTIVE DATES.] 
 10.7      Sections 1 and 9 are effective the day following final 
 10.8   enactment.  Sections 6 to 8 are effective July 1, 1997.