1st Engrossment - 80th Legislature (1997 - 1998) Posted on 12/15/2009 12:00am
1.1 A bill for an act 1.2 relating to highways; allowing substitution in 1.3 metropolitan area of another project in state 1.4 transportation improvement program for designated toll 1.5 facility project; providing for municipal review and 1.6 dispute resolution process for state highway project 1.7 in municipality; requiring revisions to state 1.8 transportation plan every four years; allowing 1.9 nonmetropolitan district offices of department of 1.10 transportation to receive grants for transportation 1.11 studies; making technical changes; amending Minnesota 1.12 Statutes 1996, sections 160.92; 161.17; 161.172; 1.13 161.173; 161.174; 161.176; 161.177; and 174.03, 1.14 subdivisions 1a and 2; and Laws 1995, chapter 265, 1.15 article 2, section 2, subdivision 7; proposing coding 1.16 for new law in Minnesota Statutes, chapter 161; 1.17 repealing Minnesota Statutes 1996, sections 161.171; 1.18 and 161.175. 1.19 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 1.20 Section 1. Minnesota Statutes 1996, section 160.92, is 1.21 amended to read: 1.22 160.92 [TOLL FACILITY REPLACEMENT PROJECTS.] 1.23 When a highway project in the metropolitan area has been 1.24 scheduled in the department'ssix-year workstate transportation 1.25 improvement program but is designated as a toll facility, the 1.26 commissioner shall substitute in theworkprograma similar1.27highwayanother construction projectinwhich has been 1.28 designated in the metropolitan council transportation policy 1.29 plan for the metropolitan area. 1.30 Sec. 2. [161.167] [HIGHWAY CONSTRUCTION THROUGH 1.31 MUNICIPALITIES; DEFINITIONS.] 1.32 Subdivision 1. [SCOPE.] As used in sections 161.168 to 2.1 161.177, the terms defined in this section have the meanings 2.2 given them. 2.3 Subd. 2. [ADVISORY BODY.] "Advisory body" means (1) if the 2.4 project is located in the seven-county metropolitan area, the 2.5 metropolitan council; (2) if the project is located in a 2.6 municipality outside of the seven-county metropolitan area, and 2.7 not within the jurisdiction of a metropolitan planning 2.8 organization, the municipal advisory committee on state aid 2.9 rules established under section 162.09, subdivision 2; or (3) if 2.10 the project is located in a municipality outside of the 2.11 seven-county metropolitan area and within a metropolitan 2.12 planning organization area, the policy board of the metropolitan 2.13 planning organization. 2.14 Subd. 3. [APPEAL BOARD.] "Appeal board" means (1) if the 2.15 project is located in the seven-county metropolitan area, the 2.16 metropolitan council; (2) if the project is located in a 2.17 municipality outside of the seven-county metropolitan area, and 2.18 not within the jurisdiction of a metropolitan planning 2.19 organization, the municipal advisory committee on state aid 2.20 rules established under section 162.09, subdivision 2; or (3) if 2.21 the project is located in a municipality outside of the 2.22 seven-county metropolitan area and within a metropolitan 2.23 planning organization area, the policy board of the metropolitan 2.24 planning organization. 2.25 Subd. 4. [CONSTRUCTION PLAN.] "Construction plan" means 2.26 the final plan including plan sheets, profiles, typical cross 2.27 sections, and supplemental drawings that show the location, 2.28 character, dimensions, and details of the highway construction 2.29 or improvement work to be done, and which is substantially in 2.30 conformance with the plan that will be submitted to prospective 2.31 bidders. 2.32 Subd. 5. [CONSTRUCTION PROJECT.] "Construction project" 2.33 means new construction, reconstruction, or other highway 2.34 improvements. 2.35 Subd. 6. [GOVERNING BODY.] "Governing body" means the duly 2.36 elected council of a municipality. 3.1 Subd. 7. [MUNICIPALITY.] "Municipality" means a statutory 3.2 or home rule charter city within the state. 3.3 Subd. 8. [METROPOLITAN AREA.] "Metropolitan area" includes 3.4 the counties of Anoka, Carver, Dakota, Hennepin, Ramsey, Scott, 3.5 and Washington, presently under the jurisdiction, for 3.6 metropolitan area planning and coordination purposes, of the 3.7 metropolitan council established pursuant to chapter 473. 3.8 Subd. 9. [METROPOLITAN PLANNING AREA.] "Metropolitan 3.9 planning area" means the geographic area in which the 3.10 metropolitan transportation planning process required by section 3.11 8 of the Federal Transit Act and by United States Code, title 3.12 23, section 134, must be carried out. 3.13 Subd. 10. [METROPOLITAN PLANNING ORGANIZATION OR 3.14 MPO.] "Metropolitan planning organization" or "MPO" means the 3.15 forum for cooperative transportation decision-making for 3.16 metropolitan planning areas. 3.17 Subd. 11. [SYSTEM OF NONPRINCIPAL ARTERIAL 3.18 ROUTES.] "System of nonprincipal arterial routes" means any of 3.19 the systems of routes that are functionally classified as minor 3.20 arterials, collectors, and local roads and that have less 3.21 emphasis on mobility and more emphasis on access than the system 3.22 of principal arterial routes. 3.23 Subd. 12. [PRELIMINARY PLAN.] "Preliminary plan" means the 3.24 geometric layout or, if no geometric layout is prepared, the 3.25 preliminary construction plan for a highway facility, that 3.26 shows, where applicable, the proposed locations, elevations, and 3.27 number and width of lanes; frontage roads; types and approximate 3.28 locations of proposed roadway intersections or interchanges; 3.29 approximate width and length of bridges; and approximate 3.30 right-of-way limits and access locations. 3.31 Subd. 13. [SYSTEM OF PRINCIPAL ARTERIAL ROUTES.] "System 3.32 of principal arterial routes" means the system of routes whose 3.33 primary function is to carry vehicles for long-distance trips at 3.34 high speeds, to emphasize mobility over local access functions. 3.35 It consists of the national highway system, interstate routes, 3.36 and other principal arterial routes not designated as part of 4.1 the national highway system. 4.2 Sec. 3. [161.168] [HIGHWAY PROJECT REVIEW.] 4.3 Subdivision 1. [SCOPE.] Sections 161.167 to 161.17 apply 4.4 to state trunk highways functionally classified as part of the 4.5 system of principal arterial routes by the commissioner. 4.6 Sections 161.172 to 161.177 do not apply to the system of 4.7 principal arterial routes. Sections 161.167 to 161.169 and 4.8 161.172 to 161.177 apply to a system of nonprincipal routes. 4.9 Subd. 2. [PROJECTS REQUIRING REVIEW.] Section 161.17, 4.10 which applies to the system of principal arterial routes, and 4.11 sections 161.172 to 161.177, which apply to a system of 4.12 nonprincipal routes, apply only to projects that alter access, 4.13 increase or reduce highway traffic capacity, or require 4.14 acquisition of permanent rights-of-way. 4.15 Subd. 3. [TRAFFIC SAFETY MEASURES.] Nothing contained in 4.16 sections 161.167 to 161.177 limits the power of the commissioner 4.17 to regulate traffic or install traffic control devices or other 4.18 safety measures on trunk highways located within municipalities 4.19 regardless of their impact on access or traffic capacity or on 4.20 the need for additional right-of-way. 4.21 Subd. 4. [CONSTRUCTION PROGRAM; PRIORITY.] Nothing 4.22 contained in sections 161.167 to 161.177 limits the 4.23 commissioner's discretion to determine priority and programming 4.24 of trunk highway construction projects. 4.25 Sec. 4. [161.169] [PUBLIC PARTICIPATION.] 4.26 Subdivision 1. [CONSULTATION AND COORDINATION.] As part of 4.27 the project development process, the department shall engage in 4.28 early consultation and coordination with federal, state, and 4.29 local agencies and with the general public in order to learn 4.30 about their needs, exchange information, and facilitate 4.31 communication. The consultation and coordination may take many 4.32 forms and may be tailored to the size and impact of the 4.33 projects. To the greatest extent possible, the department shall 4.34 coordinate the municipal approval process with state and federal 4.35 environmental review processes. The department shall conduct 4.36 system planning, corridor planning, preliminary design, and 5.1 environmental study processes in a way that complements and 5.2 assists the process of obtaining municipal approval. 5.3 Subd. 2. [PUBLIC HEARING.] A public hearing will be held 5.4 or an opportunity for a public hearing provided on any 5.5 construction project: 5.6 (1) requiring the acquisition of more than minor amounts of 5.7 right-of-way; 5.8 (2) substantially changing the layout or function of the 5.9 facility being improved; 5.10 (3) that has a substantial, adverse impact on abutting real 5.11 properties; 5.12 (4) that has important social, economic, transportation, or 5.13 environmental effects; 5.14 (5) that may involve substantial public controversy; 5.15 (6) when another federal or state agency with jurisdiction 5.16 requests a hearing; or 5.17 (7) when the department determines it should hold a hearing. 5.18 Subd. 3. [APPLICATION.] This section applies to sections 5.19 161.17 to 161.177. 5.20 Sec. 5. Minnesota Statutes 1996, section 161.17, is 5.21 amended to read: 5.22 161.17 [INTERSTATE HIGHWAY SYSTEM; APPROVAL OF PLANSSYSTEM 5.23 OF PRINCIPAL ARTERIAL ROUTES.] 5.24 Subd. 2. [INTERSTATE SYSTEMLEGISLATIVE DECLARATION.]It5.25is hereby declared(a) The legislature declares that 5.26 construction of theinterstatesystem ofhighwaysprincipal 5.27 arterial routes will vitally affect the future development 5.28 ofthe citiesmunicipalities through which these routes pass and 5.29suchmunicipalities should have an important role in the 5.30 development of this highway system; that on the other hand the 5.31 future planning and programming ofconstructionthese projects 5.32 over a period of years is necessary to take maximum advantage of 5.33 federal aid and to build a unified and coordinatedinterstate5.34 system of principal arterial routes; that excessive delay in 5.35 local approval of plans for construction of one segment may 5.36 seriously impede completion of the entire system and adversely 6.1 affect other municipalities along theinterstatesystem of 6.2 principal arterial routes; that the mutual exchange of 6.3 information and close cooperation between the department and 6.4 local governing bodies should be encouraged by improved 6.5 administrative processes for securing orderly review 6.6 of preliminary plans and the resolution of differences 6.7 overinterstatethe system of principal arterial routes and 6.8 projects; and that the provisions of sections161.171161.172 to 6.9 161.177 for local approval of trunk highway preliminary plans 6.10must be modified forare not applicable to theinterstate6.11highwaysystem of principal arterial routes in the light of 6.12 these various considerations. 6.13 Subd. 3. [SUBMISSION OF PLANS.] (a) Before proceeding with 6.14 the preparation of thefinalplans for the construction,6.15reconstruction, or improvementof any route on theinterstate6.16 system of principal arterial routes lying within anycity6.17 municipality, the commissioner shall submit to its governing 6.18 body preliminary plans covering the route location and design. 6.19 The preliminary plans shall be submitted as part of a report 6.20 containingsuchsupporting data that the commissioner deems 6.21 helpful to the governing body in appraising the preliminary 6.22 plans submitted. 6.23 (b) Any public hearing on location and design or on design 6.24 alone ofan interstatea route on the system of principal 6.25 arterial routes held in compliance with federal requirements 6.26 shall be held at least one month after submission to the 6.27 governing body of the report provided for inthissubdivision 3. 6.28 Subd. 4. [GOVERNING BODY ACTION.]After the public hearing6.29and on preparing final plans, the commissioner shall submit the6.30final plans to the governing body for approval. IfWithin 90 6.31 days from the date the plans were submitted to it, the governing 6.32 bodydoes not approveshall approve or disapprove, in writing, 6.33 thefinalpreliminary planswithin three months after6.34submitted,. 6.35 (a) If the governing body approves the plans or does not 6.36 disapprove the plans in writing within 90 days, in which case 7.1 the plans are deemed to be approved, then the commissioner may 7.2 prepare substantially similar construction plans and proceed 7.3 7.4 with the project. If the construction plans contain changes in 7.5 access, traffic capacity, or acquisition of permanent 7.6 right-of-way from the preliminary plans approved by the 7.7 governing body, the commissioner shall resubmit the portion of 7.8 the construction plans where changes were made to the governing 7.9 body for approval or disapproval under this section. 7.10 (b) If the governing body disapproves the preliminary 7.11 plans, the commissioner may decide not to proceed with the 7.12 project or may refer the preliminary plans to the appropriate 7.13 advisory body(1) the Twin Cities Metropolitan Area Planning7.14Commission, if the project is within the area of its7.15jurisdiction, or (2) the municipal advisory committee on7.16state-aid rules established under section 162.09, subdivision 2,7.17if the project is elsewhere in the state. If a member of the7.18advisory committee is from the municipality concerned that7.19member shall be excused. If the plans are so referred. 7.20 Subd. 5. [ADVISORY BODY.] Within 30 days after referral of 7.21 the preliminary plans, thecommission or committeeadvisory body 7.22 shall give the commissioner and the governing body ample 7.23 opportunity to present the case for or against approval of 7.24 the preliminary plansso referred. Not later thanthree months7.25after such hearings and independent study as it deems desirable,7.26it120 days after referral of the plans, the advisory body shall 7.27approve or disapprove suchrecommend approval, recommend 7.28 approval with modifications, or recommend disapproval of the 7.29 preliminary plans, making such additional recommendations 7.30 consistent with state and federal requirements as it deems 7.31 appropriate, and. It shall submit a written report containing 7.32 its findings and recommendations to the commissioner and the 7.33 governing body. 7.34 Subd. 6. [COMMISSIONER ACTION.] On receiving the advisory 7.35 body's recommendations and the written report, the commissioner 7.36 shall proceed as follows: 7.37 (a) If the advisory body recommends approval of the 8.1 preliminary plans, or does not recommend disapproval of the 8.2 plans, or does not submit the written report within the time 8.3 allowed, in which case the plans are deemed approved, then the 8.4 commissionershall not proceed with the proposed construction,8.5reconstruction, or improvement except in accordance with plans8.6approved by the governing body or, if referred to the commission8.7or committee, until after the commission or committee has made8.8its report, and then only after the governing body has had an8.9additional 90 days within which to consider the plans originally8.10submitted or such modified plans as may be submitted to it by8.11the commissioner following the report of the commission or8.12committee.may prepare substantially similar construction plans 8.13 and proceed with the project. If the construction plans contain 8.14 changes in access, traffic capacity, or acquisition of permanent 8.15 right-of-way from the preliminary plans approved by the advisory 8.16 body, the commissioner shall resubmit the portion of the 8.17 construction plan where changes were made to the governing body 8.18 for its approval or disapproval under paragraph (b) and, if the 8.19 governing body disapproves the resubmitted plans, then refer the 8.20 modified plans to the advisory body under subdivision 5. 8.21 (b) If withinsuch 90-daythe 120-day period,the8.22governing body does not approve the plans submitted to it, and8.23if the commissioner then wishes to proceed with the project8.24according to plans differing substantially from the plans8.25recommended by the commission or committee in its report, the8.26commissioner shall, before proceeding with the project, file a8.27written report with the commission or committee and the8.28governing body stating fully the reasons for doing so. Whenever8.29plans are referred to the Twin Cities Metropolitan Area Planning8.30Commission, the commission shall be reimbursed from the trunk8.31highway fund for actual and necessary expenses incurred by the8.32commission in staff work incident to consideration of plans and8.33action thereon by the commission. Whenever plans are referred8.34to the advisory committee on rules, members of the committee8.35shall be paid their necessary expenses to the same extent and in8.36the same manner as for its duties in considering the9.1commissioner's rules.the advisory body recommends approval of 9.2 the preliminary plans with modifications, the commissioner may 9.3 either: 9.4 (1) prepare construction plans with the recommended 9.5 modifications, notify the governing body, and proceed with the 9.6 project; 9.7 (2) decide not to proceed with the project; or 9.8 (3) prepare construction plans substantially similar to the 9.9 preliminary plans referred to the advisory body, notify the 9.10 governing body and advisory body, and proceed with the project. 9.11 The commissioner shall, before proceeding with the project, file 9.12 a written report with the governing body and advisory body 9.13 stating fully the reasons for doing so. 9.14 (c) If within the 120-day period, the advisory body 9.15 recommends disapproval of the preliminary plans, the 9.16 commissioner may either: 9.17 (1) decide not to proceed with the project; or 9.18 (2) prepare construction plans substantially similar to the 9.19 preliminary plans referred to the advisory body, notify the 9.20 governing body and advisory body, and proceed with project 9.21 construction. The commissioner shall, before proceeding with 9.22 the project, file a written report with the governing body and 9.23 advisory body stating fully the reasons for doing so. 9.24 (d) For informational purposes, the commissioner shall send 9.25 as complete a set of construction plans as is possible to any 9.26 directly affected municipality at least 45 days before bid 9.27 letting. 9.28 Sec. 6. Minnesota Statutes 1996, section 161.172, is 9.29 amended to read: 9.30 161.172 [MUNICIPALITIES TO CONSENTSYSTEM OF NONPRINCIPAL 9.31 ROUTES; MUNICIPAL REVIEW.] 9.32 Except for routeson the interstate system, nogoverned 9.33 under section 161.17, a state trunk highwayor any part thereof,9.34 located within the corporate limits ofanya municipality, shall9.35 may be constructedor improved in the manner specified in this9.36section withoutonly with the consent of the governing body 10.1 ofsuchthe municipality, unless the procedures prescribed by 10.2sections 161.172 to 161.177 shallsection 161.176 have been 10.3 followed by the commissioner of transportation. 10.4The highway improvements requiring consent are limited to10.5those improvements which alter access, increase or reduce10.6highway traffic capacity or require acquisition of permanent10.7rights-of-way.10.8This section shall not limit the power of the commissioner10.9to regulate traffic or install traffic control devices or other10.10safety measures on trunk highways located within municipalities.10.11Nothing contained in this section shall be construed as in10.12any way limiting the commissioner's discretion to determine the10.13priority and programming of trunk highway construction.10.14 Sec. 7. Minnesota Statutes 1996, section 161.173, is 10.15 amended to read: 10.16 161.173 [SUBMISSION OFCORRIDOR PROPOSALPRELIMINARY PLANS; 10.17 NOTICE AND HEARING; MUNICIPAL DECISION.] 10.18 Subdivision 1. [REPORT SUBMITTED.] (a) Before proceeding 10.19 with plans for the construction of a trunk highway, the 10.20 commissioner shall submit a report containing the preliminary 10.21 plans and supporting data to the governing body of each 10.22 municipality whereina trunkthe highway isproposed toor will 10.23 beconstructed or improved, and to the governing body of each10.24municipality adjacent to any such municipality, alocated. The 10.25 reportcontainingshall contain: 10.26 (1) a statement of the need for this proposed construction 10.27or improvement,; 10.28 (2) a description ofalternatealternative routeswhich10.29were, if any, considered by the commissioner and an explanation 10.30 of the advantages and disadvantages in the selection of any 10.31 route considered. The report shall also contain; 10.32for each alternate, the following information: general10.33alignment and profile, approximate points of access, highway10.34classification, an approximate cost estimate, relation to10.35existing and planned regional and local development and to other10.36transportation routes and facilities, and a statement of the11.1expected general effect on present and future use of the11.2property within the corridor11.3 (3) the preliminary plan prepared for the highway 11.4 construction; 11.5 (4) a tentative schedule for right-of-way acquisition, if 11.6 known; and 11.7 (5) the estimated cost of the construction. 11.8 (b) Where a state trunk highway is proposed to be 11.9 constructedor improvedwithinthea metropolitan planning area, 11.10aan informational copy of the reportshallmay also be 11.11 submitted to themetropolitan councilappropriate metropolitan 11.12 planning organization (MPO). 11.13In all areas of the state a copy of the report shall be11.14sent to established regional, county and municipal planning11.15commissions in the area affected by the highway project.11.16 Subd. 2. [NOTICE.] Not less than 45 nor more than 90 days, 11.17 or as otherwise mutually agreed, after the commissioner submits 11.18 the reporthas been submittedto the governing body, if required 11.19 by section 161.169, subdivision 2, the commissioner shall hold a 11.20 public hearing on the proposed highway constructionor11.21improvementatsucha time and place within any municipality 11.22 wherein a portion of the proposed constructionor improvementis 11.23 located, as the commissioner shall determine. Not less than 30 11.24 days before the hearing the commissioner shall mail notice 11.25 thereof to the governing body of each municipalityor agency11.26entitled to receive a copy of the report, and. The commissioner 11.27 shallcause notice of the hearing to be published at least once11.28each week for two successive weekspublish notice of the hearing 11.29 at least 30 days before the hearing date and shall publish a 11.30 second notice at least five days before the hearing date in a 11.31 newspaperor newspapershaving general circulation insuchthe 11.32 affected municipalities, the second publication to be not less11.33than five days before the date of the hearing. The notice shall 11.34 state the date, time, place and purpose of the hearing, shall 11.35 describe the proposed or actual general location of the highway 11.36 to be constructedor improved, and shall state where the report 12.1 may be inspected prior to the hearing by any interested person. 12.2 Subd. 3. [HEARING.] The hearing shall be conducted by the 12.3 commissioner or the commissioner's designee, and shall be 12.4 transcribed and a record thereof mailed to each municipalityor12.5agency entitled to receive a copy of the report. All interested 12.6 persons shall be permitted to present their views on the 12.7 proposed highway constructionor improvement. The hearing may 12.8 be continued as often as necessary, as determined by the 12.9 commissioner or commissioner's designee. 12.10 Subd. 4. [APPROVAL OR DISAPPROVAL.] Within 120 days after 12.11 thehearing is completedcommissioner submits the preliminary 12.12 plan and supporting data to each affected municipality, the 12.13 governing body of each municipalityor agencyentitled to 12.14 receive a copy of the report shall submit in writing to the 12.15 commissioner its approval, its approval with modifications, or 12.16 its disapproval of the report, and shall state the reasons for 12.17 each.If all or any part of the report is disapproved, the12.18municipality or agency shall state the reasons for such12.19disapproval and suggested changes in the report.If an affected 12.20 municipality does not respond in writing within 120 days after 12.21 the report was submitted to it, the report is deemed to be 12.22 approved by that municipality. On receiving a municipality's 12.23 determination, the commissioner shall, before preparing12.24additional plans for the proposed highway construction or12.25improvement, submit to the governing body of each municipality12.26or agency disapproving the report, a statement accepting or12.27rejecting any suggested changes and the reasons for acceptance12.28or rejectionrespond as provided in section 161.174. 12.29 Sec. 8. Minnesota Statutes 1996, section 161.174, is 12.30 amended to read: 12.31 161.174 [SUBMISSION OF LAYOUT PLANSCOMMISSIONER'S 12.32 DETERMINATION.] 12.33The commissioner shall submit to the governing body of each12.34municipality wherein a highway is proposed to be constructed or12.35improved, a proposed layout plan for the highway construction or12.36improvement containing: the proposed location, elevation, width13.1and geometrics of the construction or improvement, together with13.2a statement of the reasons therefor. Said plan shall also13.3contain: approximate right-of-way limits; a tentative schedule13.4for right-of-way acquisition, if known; proposed access points;13.5frontage roads; separation structures and interchanges; location13.6of utilities, when known; landscaping, illumination, a tentative13.7construction schedule, if known; and the estimated cost of the13.8construction or improvement. The commissioner shall submit more13.9than one layout plan. Each such plan shall also be submitted to13.10the metropolitan council if any portion of the proposed highway13.11construction or improvement is located in the metropolitan13.12area. In all areas of the state a copy of the layout plan shall13.13be sent to established regional, county and municipal planning13.14commissions in the area affected by the highway project. Not13.15less than 90 nor more than 120 days after said plan has been13.16submitted, the commissioner shall hold a public hearing on the13.17proposed highway construction or improvement at such time and13.18place within any municipality wherein a portion of the13.19construction or improvement is located, as the commissioner13.20shall determine. The hearing shall be noticed, held and13.21conducted in the manner provided in section 161.173, except that13.22the commissioner shall mail notice of the hearing only to those13.23municipalities and agencies entitled to receive a copy of the13.24layout plan. The hearing shall be transcribed and a record13.25thereof made available to each municipality or agency entitled13.26to receive a copy of said plan. Within 180 days after the13.27hearing is completed, the commissioner shall formally adopt a13.28layout plan. A copy of the layout plan as adopted shall be13.29submitted to each municipality or agency entitled to receive a13.30copy of the proposed plan, together with the reasons for any13.31change in the plan as presented at the hearing. Within 120 days13.32after the receipt of the adopted layout plan, each such13.33municipality or agency shall submit to the commissioner its13.34approval or disapproval of the layout plan and the reasons for13.35such disapproval, and proposed alternatives, which may include a13.36recommendation of no highway. Such alternatives submitted by a14.1municipality located within the metropolitan area shall, upon14.2request of the municipality, be reviewed by the metropolitan14.3council in order to determine whether such alternatives are14.4likely to meet minimum federal requirements. The metropolitan14.5council is authorized to provide whatever assistance it deems14.6advisable to the submitting municipality in order to assist it14.7in arriving at an alternative which meets minimum federal14.8requirements.14.9 Subdivision 1. [WHEN MUNICIPALITY APPROVES PLAN.] Ifsaid14.10 the preliminary planor any part thereofisnot disapproved14.11within such periodapproved, the commissioner mayproceed to14.12 preparefinalsubstantially similar construction plansand14.13specificationsfor the highway constructionor improvement14.14consistent with the adopted layout plan, and may acquire the14.15necessary right-of-wayin that municipality. 14.16 Subd. 2. [WHEN MUNICIPALITY DISAPPROVES PLAN.] If 14.17 thelayoutpreliminary planor any part thereofis disapproved 14.18 byanya municipalityor agency, and the commissioner determines14.19to proceed with the plan without modifications, the commissioner 14.20shall proceed in the mannermay: 14.21 (1) decide not to proceed with the project; or 14.22 (2) appeal the municipality's decision as provided in 14.23 section161.175161.176.On determining to proceed with the14.24plan14.25 Subd. 3. [MUNICIPALITY APPROVES PLAN WITH 14.26 MODIFICATIONS.] (a) If the municipality approves the plan with 14.27 modifications, the commissioner may: 14.28 (1) decide not to proceed with the project; 14.29 (2) appeal the governing body's decision as provided in 14.30 section 161.176; or 14.31 (3) prepare a preliminary plan with modifications, the14.32commissioner shallproposed by the governing body and submit the 14.33 modifiedlayoutplan to themunicipalities and agencies entitled14.34to receive the original layout plan in the manner described14.35above, for approval or disapproval by each such municipality or14.36agencymunicipality, which must approve or disapprove the 15.1 modified plan within6030 days after receipt of the 15.2 modifiedlayoutplan. 15.3 (b) If the modifiedlayoutplanor any part thereofisnot15.4disapprovedapproved byanythe municipalityor agency, or 15.5 is not disapproved in writing within6030 days after its 15.6receiptsubmission, in which case the plan is deemed approved by 15.7 that municipality, the commissioner mayproceed toprepare final 15.8 construction plansand specificationsconsistent with the 15.9 modifiedlayoutpreliminary plan, and may acquire the necessary 15.10 right-of-way. 15.11 (c) If the modified plan is disapproved byanythe 15.12 municipality and the commissioner determines to proceed 15.13 with either the original preliminary plan or the modified 15.14 preliminary plan without additional modification, the 15.15 commissioner shall proceed in the manner provided in section 15.16161.175161.176. 15.17If the layout plan is disapproved, either as originally15.18submitted or as modified, and the commissioner does not act15.19pursuant to section 161.175, within one year from the date of15.20the completion of the hearing, any objecting municipality15.21entitled to receive a copy of the layout plan by virtue of this15.22section may invoke the appellate procedure pursuant to section15.23161.175, in the same manner as the same might be invoked by the15.24commissioner. In the event the appellate procedure is invoked15.25by either the commissioner or the municipality, the commissioner15.26shall hold a public hearing prior to the appointment of an15.27appeal board. Such hearing shall be limited to the proposed15.28alternative layout plans.15.29 Subd. 4. [RESUBMISSION OF PLAN CHANGES.] If the 15.30 commissioner prepares a construction plan with changes in 15.31 access, traffic capacity, or acquisition of permanent 15.32 right-of-way from the preliminary plan approved by the 15.33 municipality, the commissioner shall resubmit those changed 15.34 portions of the construction plan to each affected municipality 15.35 under section 161.173. The municipality must approve or 15.36 disapprove the construction plan changes submitted to it by the 16.1 commissioner within 60 days from the day of submission. If the 16.2 municipality does not respond in writing to the commissioner in 16.3 60 days, the plan is deemed approved. 16.4 Sec. 9. Minnesota Statutes 1996, section 161.176, is 16.5 amended to read: 16.6 161.176 [POWERS OF APPEAL BOARD.] 16.7 Subdivision 1. [DETERMININGAPPEAL BOARD.] If the 16.8 governing body disapproves the preliminary plans, or if the 16.9 governing body approves the plans with modifications 16.10 unacceptable to the commissioner, the commissioner may refer the 16.11 preliminary plans and supporting data to the appropriate appeal 16.12 board. If a member of the advisory committee on state-aid rules 16.13 or if a member of the policy board of the MPO is from the 16.14 municipality concerned, that member shall be excused. 16.15 Subd. 1a. [HEARING.] Within 30 days after the commissioner 16.16 refers the preliminary plans and supporting data to it, the 16.17highwayappeal board shall, on notice to the commissioner and 16.18theeach affectedmunicipalitiesmunicipality, hold an appeal 16.19 hearing onthe entire highway layoutthe preliminary plan as 16.20 proposed or modified by the commissioner, and alternates16.21consistent with minimum federal requirements that are presented16.22by the disapproving municipalities. At the hearing the appeal 16.23 board shall give the commissioner and the governing body ample 16.24 opportunity to present the case for or against approval of a 16.25 preliminary plan or preliminary plan with modifications. The 16.26 board shall take into consideration all aspects of theproposal16.27includingpreliminary plan or modified preliminary plan and 16.28 supporting data. The board may also consider highway design, 16.29 economic development, aesthetics, urban and rural planning, 16.30 agriculture, transportation planning, and all other factors 16.31 concerning highways.After considering all the evidence in the16.32record, the appeal board shall issue an order approving the16.33commissioner's proposed highway layout plan or one of the16.34alternatives. The appeal board shall be limited in its ruling16.35to any previously submitted layout plan of the commissioner or16.36an alternate presented by the community in response to the17.1commissioner. A copy of the order and a memorandum setting17.2forth the reasons therefor shall be filed with the secretary of17.3state, and shall be mailed to the commissioner and each17.4municipality or agency entitled to receive notice of the layout17.5hearing. If the cost is not substantially in excess of the17.6programmed estimates for projects included in the commissioner's17.7current construction program the commissioner shall construct17.8the plan approved by the board in accordance with the original17.9program schedule.17.10 Subd. 2. [INVESTIGATORY POWERSHEARING RECORD.]The chair17.11of the board, or any member thereof, shall have the power to17.12subpoena witnesses; to administer oaths, and to compel the17.13production of books, records, and other evidence. The rules of17.14evidence and procedure for the trial of civil matters shall17.15apply, but such rules may be modified by the board when it is17.16deemed necessary. All evidence, including records and documents17.17in the possession of the board of which it desires to avail17.18itself, shall be offered and made a part of the record in the17.19proceeding, and no other factual information or evidence shall17.20be considered in the determination of the matter. Documentary17.21evidence may be received in the form of copies or excerpts, or17.22by incorporation by reference.The board shall cause a record 17.23 of all proceedings before it to be made and filed with the chair 17.24 of the board. Copies thereof shall be made available upon such 17.25 terms and conditions as the board shall prescribe. 17.26 Subd. 2a. [BOARD ORDER; COMMISSIONER'S RESPONSE.] (a) 17.27 After considering all the evidence in the record and within 120 17.28 days after the preliminary plans or modified preliminary plans 17.29 were submitted to the board, the appeal board shall issue an 17.30 order approving, approving with modifications, or disapproving 17.31 the commissioner's original preliminary plan and any modified 17.32 preliminary plan prepared by the commissioner. A copy of the 17.33 order and a report setting forth the reasons therefor shall be 17.34 mailed to the commissioner and each municipality entitled to 17.35 receive notice of the appeal hearing. If the cost is not 17.36 substantially in excess of the programmed estimates for projects 18.1 included in the commissioner's current construction program and 18.2 is consistent with state and federal design guidelines, the 18.3 commissioner may construct the plan approved by the board. If 18.4 the appeal board does not submit the order and report within 120 18.5 days after the plans were submitted to it, the original and 18.6 modified preliminary plans are deemed to be approved and the 18.7 commissioner shall proceed pursuant to paragraph (b). On 18.8 receiving the appeal board's order and written report within the 18.9 time allowed, the commissioner shall proceed pursuant to 18.10 paragraphs (b) to (d). 18.11 (b) If the appeal board approves a preliminary plan, the 18.12 commissioner may prepare substantially similar construction 18.13 plans and proceed with the project and notify each affected 18.14 governing body. If the commissioner prepares a construction 18.15 plan differing substantially from the preliminary plan approved 18.16 by the appeal board, the commissioner shall resubmit those 18.17 changed portions of the construction plan to each affected 18.18 municipality under section 161.173. The municipality must 18.19 approve or disapprove the construction plan changes submitted to 18.20 it by the commissioner within 60 days from the day of 18.21 submission. If the municipality does not respond in writing to 18.22 the commissioner in 60 days, the plan is deemed approved. 18.23 (c) If the appeal board approves a preliminary plan with 18.24 modifications, the commissioner may: 18.25 (1) prepare preliminary plans including the modifications, 18.26 notify the governing body, and resubmit the modified plan with 18.27 supporting data to the appeal board for approval and, if 18.28 approved, proceed with the project; 18.29 (2) decide not to proceed with the project; or 18.30 (3) prepare a new preliminary plan and resubmit the plan to 18.31 each affected municipality under section 161.173. 18.32 (d) If the appeal board disapproves the original 18.33 preliminary plan and each modified preliminary plan, the 18.34 commissioner may: 18.35 (1) decide not to proceed with the project; or 18.36 (2) prepare a new preliminary plan and resubmit the plan to 19.1 each affected municipality under section 161.173. 19.2 Subd. 3. [COMPENSATION; REIMBURSEMENT OF EXPENSES.] 19.3Members of the highway appeal board shall receive per diem19.4compensation in the amount of $100 for the time spent in19.5disposing of matters presented to the board. Board members19.6shall be reimbursed for all reasonable expenses incurred by them19.7in the performance of their duties including all costs incurred19.8in connection with any hearing.Members of the advisory body or 19.9 appeal board shall submit to the commissioner an itemization of 19.10 expenses incurred in disposing of matters presented to them. 19.11 The advisory body and appeal board members shall be reimbursed 19.12 for reasonable expenses they incur in the performance of their 19.13 duties, including costs incurred in connection with hearings. 19.14 The commissioner shall reimburse these costs out of the trunk 19.15 highway fund. 19.16Subd. 4. [EXPENSES OF PARTIES.] Each party to the appeal19.17shall submit to the appeal board an itemized list of the19.18expenses incurred in preparing its layout plan and presenting19.19the appeal. The appeal board may determine what portion, if19.20any, of a municipality's expenses incurred for the services and19.21disbursements of persons not regularly employed by the19.22municipality will be reimbursed from the trunk highway fund.19.23 Sec. 10. Minnesota Statutes 1996, section 161.177, is 19.24 amended to read: 19.25 161.177 [CONSTRUCTION PLANSAND SPECIFICATIONS.] 19.26 Subdivision 1. [PLANS RESUBMITTED.] Not less than12060 19.27 days before the date specified by the commissioner for the 19.28 receipt of construction bids for the constructionor improvement19.29 of any state trunk highway within any municipality, the 19.30 commissioner shall submit to the governing body of each 19.31 municipalityor agency entitled to receive a copy of the layout19.32plan therefor under section 161.174,a copy of as complete a set 19.33 of construction plans as is possiblewhichthat will be issued 19.34 to prospective bidders.All suchThose plansshallmust be in 19.35 accordance with thehighway construction or improvement19.36layoutpreliminary planasapproved under section 161.174,or 20.1section161.176. 20.2 Subd. 2. [PLANS WITH SUBSTANTIAL CHANGES.] If the 20.3 construction plans are not inaccordanceagreement with the 20.4layoutplan as approved, the governing body of any 20.5 municipalityor agency entitled to receive notice of the hearing20.6under section 161.174where changes in access, traffic capacity, 20.7 or acquisition of permanent right-of-way have been made from the 20.8 preliminary plan to the construction plan, may, within6030 20.9 days after the receipt ofsuchthe constructionplans, mayplan, 20.10 disapprove the plan in writing to the commissioner or request 20.11the establishment of a highway appeal board as provided in20.12section 161.175, andthat thehighwayappropriate appeal board 20.13shall approvereview the plans following the procedures outlined 20.14 inthatsection, except that action and comment161.176. 20.15 Subd. 3. [LIMITED APPEAL BOARD REVIEW.] The appeal board 20.16 review is limited to changes from or additions to thelayout20.17 preliminary plan that alter access, increase or reduce highway 20.18 traffic capacity, or require acquisition of permanent 20.19 rights-of-way. Changes in design capacity required to 20.20 accommodate increased traffic forecastsshallare notbe20.21considereddeviations from thelayoutpreliminary plan.A copy20.22of any plans prepared to affect any highway construction or20.23improvement plan previously approved by the highway appeal20.24board, shall also be sent to the chair of the board.20.25 Subd. 4. [SUBSEQUENT CONSTRUCTION PLANS; REVIEW.] If the 20.26 construction plans are not inaccordancesubstantial agreement 20.27 with thelayoutpreliminary plan approved by the board under 20.28 section 161.176, the board, within6030 days after the receipt 20.29 ofsuchthe plans, shall issue its order directing the 20.30 commissioner towithhold any advertisement for construction bids20.31 withdraw the plans from the bid letting until the plans are 20.32 revised to comply with theplan approvedorder issued by the 20.33 board, orare approved bythe board may issue an order approving 20.34 the plans, approving the plans with modifications, or 20.35 disapproving the construction plans. Ifno municipality or20.36agency requeststheestablishment of a highway appeal board, or21.1 thehighwayappeal board does not issue its order within 30 days 21.2 of receiving a request for review from a municipality,as21.3provided above,the commissioner mayproceed to advertise for21.4construction bidsaward the project for construction. 21.5 Sec. 11. Minnesota Statutes 1996, section 174.03, 21.6 subdivision 1a, is amended to read: 21.7 Subd. 1a. [REVISION OF STATE TRANSPORTATION PLAN.] The 21.8 commissioner shall revise the state transportation plan by 21.9 January 1, 1996, and by January 1 ofeach odd-numberedevery 21.10 fourth year thereafter. Before final adoption of a revised 21.11 plan, the commissioner shallhold a hearing toreceive public 21.12 comment on the plan. The revised state transportation plan must: 21.13 (1) incorporate the goals of the state transportation 21.14 system in section 174.01; and 21.15 (2) establish objectives, policies, and strategies for 21.16 achieving those goals. 21.17 Sec. 12. Minnesota Statutes 1996, section 174.03, 21.18 subdivision 2, is amended to read: 21.19 Subd. 2. [IMPLEMENTATION OF PLAN.] After the adoption and 21.20 each revision of the statewide transportation plan, the 21.21 commissionerand the transportation regulation boardshall take 21.22 no action inconsistent with the revised plan. 21.23 Sec. 13. Laws 1995, chapter 265, article 2, section 2, 21.24 subdivision 7, is amended to read: 21.25 Subd. 7. State Road Construction 516,960,000 515,986,000 21.26 The amounts that may be spent from this 21.27 appropriation for each activity are as 21.28 follows: 21.29 (a) State Road Construction 21.30 376,463,000 377,763,000 21.31 It is estimated that the appropriation 21.32 from the trunk highway fund will be 21.33 funded as follows: 21.34 Federal Highway Aid 21.35 205,000,000 205,000,000 21.36 Highway User Taxes 21.37 171,463,000 172,763,000 21.38 The commissioner of transportation 22.1 shall notify the chair of the committee 22.2 on finance of the senate and chair of 22.3 the committee on ways and means of the 22.4 house of representatives quarterly of 22.5 any events that should cause these 22.6 estimates to change. 22.7 This appropriation is for the actual 22.8 construction, reconstruction, and 22.9 improvement of trunk highways. This 22.10 includes the cost of actual payment to 22.11 landowners for lands acquired for 22.12 highway right-of-way, payment to 22.13 lessees, interest subsidies, and 22.14 relocation expenses. 22.15 The commissioner of transportation may 22.16 receive monies covering other shares of 22.17 the cost of partnership projects. 22.18 These receipts are appropriated to the 22.19 commissioner for these projects. 22.20 Before proceeding with a project, or a 22.21 series of projects on a single highway, 22.22 with a cost exceeding $10,000,000, the 22.23 commissioner shall consider the 22.24 feasibility of alternative means of 22.25 financing the project or series of 22.26 projects, including but not limited to 22.27 congestion pricing, tolls, mileage 22.28 pricing, and public-private partnership. 22.29 (b) Highway Debt Service 22.30 21,728,000 19,602,000 22.31 $11,948,000 the first year and 22.32 $7,641,000 the second year are for 22.33 transfer to the state bond fund. 22.34 If this appropriation is insufficient 22.35 to make all transfers required in the 22.36 year for which it is made, the 22.37 commissioner of finance shall notify 22.38 the committee on finance of the senate 22.39 and the committee on ways and means of 22.40 the house of representatives of the 22.41 amount of the deficiency and shall then 22.42 transfer that amount under the 22.43 statutory open appropriation. 22.44 Any excess appropriation must be 22.45 canceled to the trunk highway fund. 22.46 (c) Research and Investment Management 22.47 10,388,000 10,390,000 22.48 $444,000 the first year and $444,000 22.49 the second year are available for 22.50 grants for transportation studies 22.51 outside the metropolitan area for 22.52 transportation studies to identify 22.53 critical concerns, problems, and 22.54 issues. These grants are available to 22.55 (1) regional development commissions, 22.56 and (2) in regions where no regional 22.57 development commission is functioning, 22.58 joint-powers boards established under 22.59 agreement of two or more political 22.60 subdivisions in the region to exercise 23.1 the planning functions of a regional 23.2 development commission, and (3) in 23.3 regions where no regional development 23.4 commission or joint powers board is 23.5 functioning, the department's district 23.6 office for that region. 23.7 $180,000 the first year and $180,000 23.8 the second year are available for 23.9 grants to metropolitan planning 23.10 organizations outside the seven-county 23.11 metropolitan area. 23.12 $75,000 the first year and $75,000 the 23.13 second year are for a transportation 23.14 research contingent account to finance 23.15 research projects that are reimbursable 23.16 from the federal government or from 23.17 other sources. If the appropriation 23.18 for either year is insufficient, the 23.19 appropriation for the other year is 23.20 available for it. 23.21 (d) Design Engineering 23.22 52,981,000 52,981,000 23.23 Of these appropriations, $2,190,000 the 23.24 first year and $2,190,000 the second 23.25 year are for scientific equipment. If 23.26 the appropriation for either year is 23.27 insufficient, the appropriation for the 23.28 other year is available for it. 23.29 The commissioner, in cooperation with 23.30 the tribal council, shall determine 23.31 those portions of trunk highway 61 23.32 right-of-way lying within the 23.33 boundaries of the Grand Portage Indian 23.34 Reservation that are no longer needed 23.35 for trunk highway purposes. This 23.36 determination shall be made according 23.37 to criteria developed by the 23.38 commissioner in consultation with the 23.39 tribal council. Following the 23.40 completion of this project the 23.41 commissioner may, pursuant to Minnesota 23.42 Statutes, section 161.43, relinquish 23.43 and quit claim to the Grand Portage 23.44 Band where it is the fee owner, or to 23.45 the United States where it holds the 23.46 fee in trust for the Grand Portage 23.47 Band, any easement or portion of an 23.48 easement that has been determined to be 23.49 no longer needed by the transportation 23.50 department for trunk highway purposes. 23.51 For the purposes of section 161.43, the 23.52 tribal council shall be treated in the 23.53 same manner as if it were a political 23.54 subdivision of the state, provided that 23.55 the matching funds contributed by the 23.56 tribal council to the surveying and 23.57 mapping project described above shall 23.58 be considered full compensation for the 23.59 relinquishment and quit claim of any 23.60 easements or portions of any easements 23.61 over tribal or tribal trust lands. 23.62 (e) Construction Engineering 23.63 55,400,000 55,250,000 24.1 Sec. 14. [INSTRUCTION TO REVISOR.] 24.2 The revisor of statutes shall delete "161.171" and insert 24.3 "161.172" in Minnesota Statutes, section 160.85, subdivision 3, 24.4 and shall delete "161.171 et seq" and insert "161.172 to 24.5 161.177" in Minnesota Statutes, section 473.181, subdivision 1. 24.6 Sec. 15. [REPEALER.] 24.7 Minnesota Statutes 1996, sections 161.171; and 161.175, are 24.8 repealed. 24.9 Sec. 16. [EFFECTIVE DATE.] 24.10 Section 13 is effective the day following final enactment.