SF 1511

1st Engrossment - 86th Legislature (2009 - 2010) Posted on 02/09/2010 02:21am

A bill for an act
relating to transportation; providing for receipt and appropriation of federal
economic recovery funds; amending Minnesota Statutes 2008, section 161.36,
by adding subdivisions.

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

Section 1.

Minnesota Statutes 2008, section 161.36, is amended by adding a
subdivision to read:

new text begin Subd. 7. new text end

new text begin Economic recovery funds. new text end

new text begin (a) All federal funds made available as of the
effective date of this section to the commissioner under the American Recovery and
Reinvestment Act of 2009 and designated for transportation purposes, including but not
limited to assistance for highways and bridges, transit, aeronautics, ports, and railroads,
are appropriated to the commissioner from the trunk highway fund or the federal fund,
as appropriate.
new text end

new text begin (b) The commissioner shall expend up to one-half of one percent of the
appropriations under paragraph (a) as grants to opportunity industrialization centers
and other nonprofit job training centers for job training programs related to highway
construction.
new text end

new text begin (c) The commissioner shall make every reasonable effort to seek and utilize all funds
available under the American Recovery and Reinvestment Act of 2009.
new text end

new text begin (d) The commissioner shall expend funds appropriated under this subdivision in
conformance with federal requirements established in association with use of the funds.
The commissioner may expend up to 17 percent of the funds for program delivery.
new text end

new text begin (e) The commissioner shall, in utilizing federal economic recovery funds, comply
in all respects with section 174.03, subdivision 11, regarding the disadvantaged business
enterprise program, including, but not limited to, the setting of disadvantaged business
enterprise project goals and inclusion of sanctions in each contract for failure to meet
established goals.
new text end

new text begin (f) The commissioner shall continue departmental compliance with accessibility
requirements of the Americans with Disabilities Act in all applicable projects funded
under this subdivision.
new text end

new text begin (g) Notwithstanding section 360.305, subdivision 4, no local contribution is required
for eligible aeronautics project elements funded by a federal grant-in-aid through the
American Recovery and Reinvestment Act of 2009.
new text end

new text begin (h) Within two weeks of submitting each report to the United States Department of
Transportation as required for the federal aid under this subdivision, the commissioner
shall submit a corresponding report to the chairs and ranking members of the house of
representatives and senate committees with jurisdiction over transportation policy and
finance. The corresponding report must contain (1) a copy of the report submitted to
the United States Department of Transportation, and (2) information on the geographic
distribution of projects funded under this subdivision, which at a minimum specifies
the amount provided for highways and bridges, transit, aeronautics, ports, and railroads
within each of the department's districts.
new text end

new text begin (i) The commissioner shall report annually by February 1 to the legislative
committees with jurisdiction over transportation policy and finance concerning the
application of the commissioner's disadvantaged business enterprise program to the use
of the federal economic recovery funds. The report must:
new text end

new text begin (1) state the department's annual overall goal, compared with the percentage attained;
new text end

new text begin (2) explain the methodology, applicable facts, and public participation used to
establish the overall goal;
new text end

new text begin (3) describe good-faith efforts to meet the goal, if the goal was not attained;
new text end

new text begin (4) describe actions to address overconcentration of disadvantaged business
enterprises in certain types of work;
new text end

new text begin (5) state the number of contracts that included disadvantaged business enterprise
goals, the number of contractors that met established disadvantaged business enterprise
goals, and sanctions imposed for lack of good-faith effort; and
new text end

new text begin (6) describe the contracts with no disadvantaged business enterprise goals and, of
those, state the number of contracts and amount of each contract with targeted groups
under section 16C.16.
new text end

new text begin (j) Within one week of an advertisement for projects funded under the American
Recovery and Reinvestment Act of 2009, the Minnesota Department of Transportation
shall publish to its Web site a report on the criteria used in selecting the advertised projects,
including a listing of which agency goals are supported by the advertised projects.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment,
and expires on June 30, 2013.
new text end

Sec. 2.

Minnesota Statutes 2008, section 161.36, is amended by adding a subdivision
to read:

new text begin Subd. 8. new text end

new text begin Receipt of additional economic recovery funds. new text end

new text begin (a) The "Transportation
Contingent Appropriations Group" consists of:
new text end

new text begin (1) the members of the Legislative Advisory Commission under section 3.30; and
new text end

new text begin (2) the ranking minority members of the house of representatives and senate
committees with jurisdiction over transportation finance.
new text end

new text begin (b) The commissioner shall submit to members of the Transportation Contingent
Appropriations Group written notice and request for appropriation authority of funds made
available to the commissioner under the American Recovery and Reinvestment Act of
2009 that are received after the effective date of this section. The notice must request the
written approval or disapproval of each member within ten days of the date of notification.
Upon approval of the governor and the written approval of a minimum of five members of
the Transportation Contingent Appropriations Group, the funds are appropriated to the
commissioner from the trunk highway fund or the federal fund, as appropriate, and must
be utilized in conformance with subdivision 7.
new text end

new text begin (c) Failure or refusal of any member of the Transportation Contingent Appropriations
Group to provide written approval or disapproval within ten days shall be deemed to
be an approval by that member.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment,
and expires on June 30, 2013.
new text end