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Minnesota Legislature

Office of the Revisor of Statutes

SF 1060

4th Engrossment - 86th Legislature (2009 - 2010) Posted on 05/12/2010 12:05pm

KEY: stricken = removed, old language.
underscored = added, new language.

Bill Text Versions

Engrossments
Introduction Posted on 02/26/2009
1st Engrossment Posted on 03/08/2010
2nd Engrossment Posted on 04/15/2010
3rd Engrossment Posted on 04/20/2010
4th Engrossment Posted on 05/12/2010
Conference Committee Reports
CCR-SF1060 Posted on 05/10/2010

Current Version - 4th Engrossment

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A bill for an act
relating to transportation; modifying management, priorities, research, and
planning provisions related to Department of Transportation; requiring reports;
amending Minnesota Statutes 2008, sections 161.53; 165.03, by adding a
subdivision; 174.02, subdivision 1a, by adding a subdivision; 174.03, subdivision
1a, by adding a subdivision; proposing coding for new law in Minnesota Statutes,
chapters 167; 174.

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

Section 1.

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


161.53 RESEARCH ACTIVITIES.

new text begin (a) new text endThe 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 systemsnew text begin, including research into and implementation of
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 design and maintenance activities and their impacts on long-term
trunk highway costs and maintenance needs
new text end; (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 (b) new text endOf 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. 2.

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 Biennial report on bridge inspection quality assurance. new text end

new text begin By February
1 of each odd-numbered year, the commissioner shall submit a report electronically to
the 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 previous two years;
new text end

new text begin (3) summarize and provide a briefing on findings from bridge inspection quality
reviews performed in the previous two years;
new text end

new text begin (4) identify actions taken and planned in response to findings from bridge inspection
quality reviews performed in the previous two years;
new text end

new text begin (5) summarize the results of any bridge inspection compliance review by the Federal
Highway Administration; and
new text end

new text begin (6) identify actions in response to the Federal Highway Administration compliance
review taken by the department in order to reach full compliance.
new text end

Sec. 3.

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

new text begin (a) By July 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 electronic copies to the 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. 4.

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 beginensure that the safety, maintenance, and preservation of Minnesota's
transportation infrastructure is a primary priority;
new text end

new text begin (8) new text endreport 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 endnew 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. 5.

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


new text begin Subd. 8. new text end

new text begin Electronic reports. new text end

new text begin For any legislative report required to be submitted by
the commissioner by law, in which the report may or must be submitted electronically, the
commissioner shall meet the requirements under section 3.195, subdivision 1.
new text end

Sec. 6.

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


Subd. 1a.

Revision of deleted text beginstatedeleted text endnew text begin statewide multimodalnew text end transportation plan.

new text begin(a) new text endThe
commissioner shall revise the deleted text beginstatedeleted text endnew text begin statewide multimodalnew text end transportation plan by January
deleted text begin 1deleted text endnew text begin 15new text end, deleted text begin1996, January 1, 2000, and, if the requirements of clauses (1) and (2) have been met
in the previous revision
deleted text end new text begin 2013new text end, new text beginand new text endby January deleted text begin1deleted text endnew text begin 15new text end of every deleted text beginthird even-numbered yeardeleted text end
new text begin four years new text endthereafter. 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.

deleted text begin Thedeleted text endnew text begin (b) Eachnew text end revised deleted text beginstatedeleted text endnew text begin statewide multimodalnew text end transportation plan must:

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

(2) establish objectives, policies, and strategies for achieving those goalsdeleted text begin.deleted text endnew 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 EFFECTIVE DATE. new text end

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

Sec. 7.

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


new text begin Subd. 1c. new text end

new text begin Statewide highway 20-year capital investment plan. new text end

new text begin By January
15, 2013, and in conjunction with each future revision of the statewide multimodal
transportation plan, the commissioner shall prepare a 20-year statewide highway capital
investment plan that:
new text end

new text begin (1) incorporates performance measures and targets for assessing progress and
achievement of the state's transportation goals, objectives, and policies identified in this
chapter for the state trunk highway system, and those goals, objectives, and policies
established in the statewide multimodal transportation plan. Performance targets must be
based on objectively verifiable measures, and address, at a minimum, preservation and
maintenance of the structural condition of state highway bridges and pavements, safety,
and mobility;
new text end

new text begin (2) summarizes trends and impacts for each performance target over the past five
years;
new text end

new text begin (3) summarizes the amount and analyzes the impact of the department's capital
investments and priorities over the past five years on each performance target, including a
comparison of prior plan projected costs with actual costs;
new text end

new text begin (4) identifies the investments required to meet the established performance targets
over the next 20-year period;
new text end

new text begin (5) projects available state and federal funding over the 20-year period, including
any unique, competitive, time-limited, or focused funding opportunities;
new text end

new text begin (6) identifies strategies to ensure the most efficient use of existing transportation
infrastructure, and to maximize the performance benefits of projected available funding;
new text end

new text begin (7) establishes investment priorities for projected funding, including a schedule of
major projects or improvement programs for the 20-year period together with projected
costs and impact on performance targets; and
new text end

new text begin (8) identifies those performance targets identified under clause (1) not expected to
meet the target outcome over the 20-year period together with alternative strategies that
could be implemented to meet the targets.
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. 8.

new text begin [174.93] GUIDEWAY INVESTMENT.
new text end

new text begin Subdivision 1. new text end

new text begin Definitions. new text end

new text begin (a) For purposes of this section, the following terms
have the meanings given:
new text end

new text begin (1) "commissioner" means the commissioner of transportation; and
new text end

new text begin (2) "guideway" means a form of transportation service provided to the public on a
regular and ongoing basis, that operates on exclusive or controlled rights-of-way or rails
in whole or in part, and includes each line for intercity passenger rail, commuter rail, light
rail transit, streetcars, and bus rapid transit.
new text end

new text begin (b) For purposes of this section, "sources of funds" includes, but is not limited to,
money from federal aid, state appropriations, the Metropolitan Council, special taxing
districts, local units of government, fare box recovery, and nonpublic sources.
new text end

new text begin Subd. 2. new text end

new text begin Legislative report. new text end

new text begin (a) By November 15 in every odd-numbered year,
the commissioner shall prepare, in collaboration with the Metropolitan Council, and
submit a report electronically to the chairs and ranking minority members of the house
of representatives and senate committees with jurisdiction over transportation policy
and finance concerning the status of guideway projects (1) currently in study, planning,
development, or construction; (2) identified in the transportation policy plan under section
473.146; or (3) identified in the comprehensive statewide freight and passenger rail plan
under section 174.03, subdivision 1b.
new text end

new text begin (b) At a minimum, the report must include, for each guideway project:
new text end

new text begin (1) a brief description of the project, including projected ridership;
new text end

new text begin (2) a summary of the overall status and current phase of the project;
new text end

new text begin (3) a timeline that includes (i) project phases or milestones; (ii) expected and known
dates of commencement of each phase or milestone; and (iii) expected and known dates
of completion of each phase or milestone;
new text end

new text begin (4) a brief progress update on specific project phases or milestones completed since
the last previous submission of a report under this subdivision; and
new text end

new text begin (5) a summary financial plan that identifies, to the extent available:
new text end

new text begin (i) capital expenditures, including expenditures to date and total projected
expenditures, with a breakdown by committed and proposed sources of funds for the
project; and
new text end

new text begin (ii) estimated annual operations and maintenance expenditures reflecting the level
of detail available in the current phase of the project development, with a breakdown by
committed and proposed sources of funds for the projects in the Metropolitan Council's
transportation policy plan.
new text end

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

new text begin (a) By February 1, 2011, the commissioner of transportation shall submit a report
electronically to the 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 2012 through 2018, including a
discussion of any anticipated budgetary challenges or risks.
new text end

new text begin (b) In addition to an electronic report, the commissioner shall prepare a summary of
findings from the report for distribution and oral testimony to the chairs of the senate and
house of representatives committees with jurisdiction over transportation finance, who
shall make every reasonable effort to arrange testimony from the department during the
2011 legislative session.
new text end