SF 1089

3rd Engrossment - 79th Legislature (1995 - 1996) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to traffic regulations; exempting highways, 
  1.3             freeways, and expressways from noise limits; requiring 
  1.4             noise abatement study and measures for freeways and 
  1.5             expressways contingent on available funding; requiring 
  1.6             annual noise abatement report; amending Minnesota 
  1.7             Statutes 1994, sections 116.07, subdivision 2a; 
  1.8             160.02, by adding a subdivision; 161.125, subdivision 
  1.9             1; and 169.14, subdivision 5d. 
  1.10  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.11     Section 1.  Minnesota Statutes 1994, section 116.07, 
  1.12  subdivision 2a, is amended to read: 
  1.13     Subd. 2a.  [EXEMPTIONS FROM STANDARDS.] No standards 
  1.14  adopted by any state agency for limiting levels of noise in 
  1.15  terms of sound pressure which may occur in the outdoor 
  1.16  atmosphere shall apply to (1) segments of trunk highways 
  1.17  constructed with federal interstate substitution money, provided 
  1.18  that all reasonably available noise mitigation measures are 
  1.19  employed to abate noise, (2) an existing or newly constructed 
  1.20  segment of a highway that is not operated as a freeway or 
  1.21  expressway, provided that all reasonably available noise 
  1.22  mitigation measures, as approved by the commissioners of the 
  1.23  department of transportation and pollution control agency, are 
  1.24  employed to abate noise, (3) skeet, trap or shooting sports 
  1.25  clubs, or (3) the holding of (4) motor vehicle race events 
  1.26  conducted at a facility specifically designed for that purpose 
  1.27  that was in operation on or before July 1, 1983.  Nothing herein 
  2.1   shall prohibit a local unit of government or a public 
  2.2   corporation with the power to make rules for the government of 
  2.3   its real property from regulating the location and operation of 
  2.4   skeet, trap or shooting sports clubs, or the holding of motor 
  2.5   vehicle race events conducted at a facility specifically 
  2.6   designed for that purpose that was in operation on or before 
  2.7   July 1, 1983. 
  2.8      Sec. 2.  Minnesota Statutes 1994, section 160.02, is 
  2.9   amended by adding a subdivision to read: 
  2.10     Subd. 16.  [FREEWAY OR EXPRESSWAY.] "Freeway" or 
  2.11  "expressway" means a divided, controlled-access highway with 
  2.12  four or more lanes.  
  2.13     Sec. 3.  Minnesota Statutes 1994, section 161.125, 
  2.14  subdivision 1, is amended to read: 
  2.15     Subdivision 1.  [IMPLEMENTATION.] The commissioner of 
  2.16  transportation shall, in accordance with the department's 
  2.17  program, implement sound a noise abatement study and noise 
  2.18  abatement measures within or along the perimeter of any 
  2.19  interstate or trunk highway within freeways and expressways in 
  2.20  incorporated areas located within the metropolitan area or any 
  2.21  municipality whenever the noise level attributable to vehicular 
  2.22  traffic at the abutting residential property line is in excess 
  2.23  of the federal noise standards.  The commissioner shall utilize 
  2.24  federal matching funds available for constructing and 
  2.25  maintaining sound abatement measures.  No standard adopted by 
  2.26  any state agency for limiting levels of noise in terms of sound 
  2.27  pressure in the outdoor atmosphere shall apply to any interstate 
  2.28  highway, or to any trunk highway segment constructed or 
  2.29  reconstructed with federal interstate substitution funds, 
  2.30  provided that all reasonable mitigating measures are used to 
  2.31  abate noise contingent on the availability of funding, in 
  2.32  accordance with section 116.07, subdivision 2a.  The 
  2.33  commissioner shall report to the legislature by February 1, 
  2.34  1997, on noise abatement studies and measures undertaken during 
  2.35  the previous calendar year and planned for the next three years 
  2.36  under this subdivision. 
  3.1      Sec. 4.  Minnesota Statutes 1994, section 169.14, 
  3.2   subdivision 5d, is amended to read: 
  3.3      Subd. 5d.  [SPEED ZONING IN WORK ZONES; SURCHARGE.] (a) The 
  3.4   commissioner, on trunk highways and temporary trunk highways, 
  3.5   and local authorities, on streets and highways under their 
  3.6   jurisdiction, may authorize the use of reduced maximum speed 
  3.7   limits in highway work zones.  The commissioner or local 
  3.8   authority is not required to conduct an engineering and traffic 
  3.9   investigation before authorizing a reduced speed limit in a 
  3.10  highway work zone. 
  3.11     (b) The minimum highway work zone speed limit is 20 miles 
  3.12  per hour.  The work zone speed limit must not reduce the 
  3.13  established speed limit on the affected street or highway by 
  3.14  more than 15 miles per hour, except that the highway work zone 
  3.15  speed limit shall not exceed 40 miles per hour.  Highway work 
  3.16  zone speed limits are effective on erection of appropriate 
  3.17  regulatory speed limit signs designating the beginning and end 
  3.18  of the affected work zone.  The signs must be removed or covered 
  3.19  when they are not required.  A speed greater than the posted 
  3.20  highway work zone speed limit is unlawful.  
  3.21     (c) For purposes of this subdivision, "highway work zone" 
  3.22  means a segment of highway or street where a road authority or 
  3.23  its agent is constructing, reconstructing, or maintaining the 
  3.24  physical structure of the roadway, its shoulders, or features 
  3.25  adjacent to the roadway, including underground and overhead 
  3.26  utilities and highway appurtenances. 
  3.27     (d) Notwithstanding section 609.0331 or 609.101 or other 
  3.28  law to the contrary, a person who violates a speed limit 
  3.29  established under paragraph (b) while on a trunk highway, or who 
  3.30  violates any other provision of this section or section 169.141 
  3.31  while in a highway work zone on a trunk highway, is assessed an 
  3.32  additional surcharge equal to the amount of the fine imposed for 
  3.33  the speed violation, but not less than $25.  The surcharge must 
  3.34  be deposited in the state treasury and credited to the general 
  3.35  fund.