3rd Engrossment - 79th Legislature (1995 - 1996) Posted on 12/15/2009 12:00am
1.1 A bill for an act 1.2 relating to the organization and operation of state 1.3 government; appropriating money for the department of 1.4 transportation and other agencies with certain 1.5 conditions. 1.6 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 1.7 Section 1. [TRANSPORTATION AND OTHER AGENCIES 1.8 APPROPRIATIONS.] 1.9 The sums shown in the columns marked "APPROPRIATIONS" are 1.10 appropriated from the general fund, or another named fund, to 1.11 the agencies and for the purposes specified in this act, to be 1.12 available for the fiscal years indicated for each purpose. The 1.13 figures "1996," and "1997," where used in this act, mean that 1.14 the appropriation or appropriations listed under them are 1.15 available for the year ending June 30, 1996, or June 30, 1997, 1.16 respectively. 1.17 SUMMARY BY FUND 1.18 1996 1997 TOTAL 1.19 General $ 50,234,000 $ 50,190,000 $100,424,000 1.20 Airports 16,000,000 16,400,000 32,400,000 1.21 C.S.A.H. 285,642,000 293,068,000 578,710,000 1.22 Highway User 10,325,000 10,332,000 20,657,000 1.23 M.S.A.S. 87,078,000 89,240,000 176,318,000 1.24 Special Revenue 910,000 934,000 1,844,000 1.25 Trunk Highway 812,513,000 811,605,000 1,624,118,000 2.1 Transfers to Other 2.2 Direct (2,560,000) (2,540,000) (5,100,000) 2.3 TOTAL 1,260,142,000 1,269,229,000 2,529,371,000 2.4 APPROPRIATIONS 2.5 Available for the Year 2.6 Ending June 30 2.7 1996 1997 2.8 Sec. 2. TRANSPORTATION 2.9 Subdivision 1. Total 2.10 Appropriation 1,147,784,000 1,157,292,000 2.11 The appropriations in this section are 2.12 from the trunk highway fund, except 2.13 when another fund is named. 2.14 Summary by Fund 2.15 General 11,146,000 11,146,000 2.16 Airports 15,950,000 16,350,000 2.17 C.S.A.H. 285,642,000 293,068,000 2.18 M.S.A.S. 87,078,000 89,240,000 2.19 Trunk Highway 747,968,000 747,488,000 2.20 The amounts that may be spent from this 2.21 appropriation for each program are 2.22 specified in the following subdivisions. 2.23 Subd. 2. Aeronautics 15,880,000 16,280,000 2.24 This appropriation is from the state 2.25 airports fund. 2.26 The amounts that may be spent from this 2.27 appropriation for each activity are as 2.28 follows: 2.29 (a) Airport Development and Assistance 2.30 11,349,000 11,748,000 2.31 $2,146,000 the first year and 2.32 $2,146,000 the second year are for 2.33 navigational aids. 2.34 $6,800,000 the first year and 2.35 $7,200,000 the second year are for 2.36 airport construction grants. 2.37 $2,300,000 the first year and 2.38 $2,300,000 the second year are for 2.39 airport maintenance grants. 2.40 If the appropriation for either year 2.41 for navigational aids, airport 2.42 construction grants, or airport 2.43 maintenance grants is insufficient, the 2.44 appropriation for the other year is 2.45 available for it. The appropriations 2.46 for construction grants and maintenance 2.47 grants must be expended only for 2.48 grant-in-aid programs for airports that 2.49 are not state owned. 3.1 These appropriations must be expended 3.2 in accordance with Minnesota Statutes, 3.3 section 360.305, subdivision 4. 3.4 The commissioner of transportation may 3.5 transfer unencumbered balances among 3.6 the appropriations for airport 3.7 development and assistance with the 3.8 approval of the governor after 3.9 consultation with the legislative 3.10 advisory commission. 3.11 $12,000 the first year and $12,000 the 3.12 second year are for maintenance of the 3.13 Pine Creek Airport. 3.14 $91,000 the first year and $90,000 the 3.15 second year are for air service grants. 3.16 (b) Aviation Support 3.17 4,470,000 4,471,000 3.18 $65,000 the first year and $65,000 the 3.19 second year are for the civil air 3.20 patrol. 3.21 $15,000 the first year and $15,000 the 3.22 second year are for the advisory 3.23 council on metropolitan airport 3.24 planning. The commissioner of 3.25 transportation shall transfer these 3.26 funds to the legislative coordinating 3.27 commission. These funds are available 3.28 in either year of the biennium. 3.29 (c) Air Transportation Services 3.30 61,000 61,000 3.31 Subd. 3. Transit 11,010,000 11,010,000 3.32 Summary by Fund 3.33 General 10,722,000 10,722,000 3.34 Trunk Highway 288,000 288,000 3.35 The amounts that may be spent from this 3.36 appropriation for each activity are as 3.37 follows: 3.38 (a) Greater Minnesota Transit 3.39 Assistance 3.40 10,319,000 10,319,000 3.41 This appropriation is from the general 3.42 fund. 3.43 (b) Transit Administration 3.44 691,000 691,000 3.45 Summary by Fund 3.46 General 403,000 403,000 3.47 Trunk Highway 288,000 288,000 3.48 Subd. 4. Railroads and Waterways 4.1 1,181,000 1,181,000 4.2 Summary by Fund 4.3 General 242,000 242,000 4.4 Trunk Highway 939,000 939,000 4.5 Subd. 5. Motor Carrier Regulation 4.6 2,266,000 2,267,000 4.7 Summary by Fund 4.8 General 107,000 107,000 4.9 Trunk Highway 2,159,000 2,160,000 4.10 Subd. 6. Local Roads 4.11 372,720,000 382,308,000 4.12 Summary by Fund 4.13 C.S.A.H. 285,642,000 293,068,000 4.14 M.S.A.S. 87,078,000 89,240,000 4.15 The amounts that may be spent from this 4.16 appropriation for each activity are as 4.17 follows: 4.18 (a) County State Aids 4.19 285,642,000 293,068,000 4.20 This appropriation is from the county 4.21 state-aid highway fund and is available 4.22 until spent. 4.23 (b) Municipal State Aids 4.24 87,078,000 89,240,000 4.25 This appropriation is from the 4.26 municipal state-aid street fund and is 4.27 available until spent. 4.28 If an appropriation for either county 4.29 state aids or municipal state aids does 4.30 not exhaust the balance in the fund 4.31 from which it is made in the year for 4.32 which it is made, the commissioner of 4.33 finance, upon request of the 4.34 commissioner of transportation, shall 4.35 notify the committee on finance of the 4.36 senate and the committee on ways and 4.37 means of the house of representatives 4.38 of the amount of the remainder and 4.39 shall then add that amount to the 4.40 appropriation. The amount added is 4.41 appropriated for the purposes of county 4.42 state aids or municipal state aids, as 4.43 appropriate. 4.44 (c) State Aid Technical Assistance 4.45 5,706,000 5,852,000 4.46 These appropriations are for 4.47 administrative costs as provided in 5.1 Minnesota Statutes, sections 162.06, 5.2 subdivision 2; and 162.12, subdivision 5.3 2. 5.4 Summary by Fund 5.5 C.S.A.H. 4,373,000 4,486,000 5.6 M.S.A.S. 1,333,000 1,366,000 5.7 Subd. 7. State Road Construction 516,960,000 515,986,000 5.8 Summary by Fund 5.9 Trunk Highway 516,935,000 515,961,000 5.10 General 25,000 25,000 5.11 The amounts that may be spent from this 5.12 appropriation for each activity are as 5.13 follows: 5.14 (a) State Road Construction 5.15 383,352,000 384,652,000 5.16 It is estimated that the appropriation 5.17 from the trunk highway fund will be 5.18 funded as follows: 5.19 Federal Highway Aid 5.20 205,000,000 205,000,000 5.21 Highway User Taxes 5.22 178,352,000 179,652,000 5.23 The commissioner of transportation 5.24 shall notify the chair of the committee 5.25 on finance of the senate and chair of 5.26 the committee on ways and means of the 5.27 house of representatives quarterly of 5.28 any events that should cause these 5.29 estimates to change. 5.30 This appropriation is for the actual 5.31 construction, reconstruction, and 5.32 improvement of trunk highways. This 5.33 includes the cost of actual payment to 5.34 landowners for lands acquired for 5.35 highway right-of-way, payment to 5.36 lessees, interest subsidies, and 5.37 relocation expenses. 5.38 The commissioner of transportation may 5.39 receive monies covering other shares of 5.40 the cost of partnership projects. 5.41 These receipts are appropriated to the 5.42 commissioner for these projects. 5.43 (b) Highway Debt Service 5.44 21,728,000 19,602,000 5.45 $11,948,000 the first year and 5.46 $7,641,000 the second year are for 5.47 transfer to the state bond fund. 5.48 If this appropriation is insufficient 5.49 to make all transfers required in the 6.1 year for which it is made, the 6.2 commissioner of finance shall notify 6.3 the committee on finance of the senate 6.4 and the committee on ways and means of 6.5 the house of representatives of the 6.6 amount of the deficiency and shall then 6.7 transfer that amount under the 6.8 statutory open appropriation. 6.9 Any excess appropriation must be 6.10 canceled to the trunk highway fund. 6.11 (c) Research and Investment Management 6.12 10,388,000 10,390,000 6.13 $243,000 the first year and $243,000 6.14 the second year are available for 6.15 grants for transportation studies 6.16 outside the metropolitan area for 6.17 transportation studies to identify 6.18 critical concerns, problems, and 6.19 issues. These grants are available to 6.20 (1) regional development commissions, 6.21 and (2) in regions where no regional 6.22 development commission is functioning, 6.23 joint-powers boards established under 6.24 agreement of two or more political 6.25 subdivisions in the region to exercise 6.26 the planning functions of a regional 6.27 development commission. 6.28 $180,000 the first year and $180,000 6.29 the second year are available for 6.30 grants to metropolitan planning 6.31 organizations outside the seven-county 6.32 metropolitan area. 6.33 $75,000 the first year and $75,000 the 6.34 second year are for a transportation 6.35 research contingent account to finance 6.36 research projects that are reimbursable 6.37 from the federal government or from 6.38 other sources. If the appropriation 6.39 for either year is insufficient, the 6.40 appropriation for the other year is 6.41 available for it. 6.42 (d) Design Engineering 6.43 46,992,000 46,992,000 6.44 Of these appropriations, $2,304,000 the 6.45 first year and $2,304,000 the second 6.46 year are for equipment. If the 6.47 appropriation for either year is 6.48 insufficient, the appropriation for the 6.49 other year is available for it. 6.50 Summary by Fund 6.51 General 25,000 25,000 6.52 Trunk Highway 46,967,000 46,967,000 6.53 Of these appropriations, no more than 6.54 $13,178,000 the first year and 6.55 $13,178,000 the second year, shall be 6.56 used for design engineering 6.57 expenses/contractual services. 7.1 Of these appropriations, up to $150,000 7.2 from the trunk highway fund may be used 7.3 for resurveying and mapping that 7.4 portion of the right-of-way of trunk 7.5 highway 61 lying within the boundaries 7.6 of the Grand Portage Indian 7.7 reservation, provided that the 7.8 reservation tribal council matches this 7.9 appropriation dollar for dollar. As 7.10 part of this project, the commissioner, 7.11 in cooperation with the tribal council, 7.12 shall determine those portions of the 7.13 right-of-way that are no longer needed 7.14 for trunk highway purposes. This 7.15 determination shall be made according 7.16 to criteria developed by the 7.17 commissioner in consultation with the 7.18 tribal council. Following the 7.19 completion of this project the 7.20 commissioner may, pursuant to Minnesota 7.21 Statutes, section 161.43, relinquish 7.22 and quit claim to the Grand Portage 7.23 Band where it is the fee owner, or to 7.24 the United States where it holds the 7.25 fee in trust for the Grand Portage 7.26 Band, any easement or portion of an 7.27 easement that has been determined to be 7.28 no longer needed by the transportation 7.29 department for trunk highway purposes. 7.30 For the purposes of section 161.43, the 7.31 tribal council shall be treated in the 7.32 same manner as if it were a political 7.33 subdivision of the state, provided that 7.34 the matching funds contributed by the 7.35 tribal council to the surveying and 7.36 mapping project described above shall 7.37 be considered full compensation for the 7.38 relinquishment and quit claim of any 7.39 easements or portions of any easements 7.40 over tribal or tribal trust lands. 7.41 (e) Construction Engineering 7.42 54,500,000 54,500,000 7.43 Of these appropriations, no more than 7.44 $308,000 the first year and $308,000 7.45 the second year shall be used for 7.46 construction engineering 7.47 expenses/contractual services. 7.48 Subd. 8. State Road Operations 192,412,000 192,775,000 7.49 Summary by Fund 7.50 Trunk Highway 192,403,000 192,766,000 7.51 General 9,000 9,000 7.52 (a) State Road Operations 7.53 188,244,000 188,607,000 7.54 $14,018,000 the first year and 7.55 $14,006,000 the second year are for 7.56 equipment. If the appropriation for 7.57 either year is insufficient, the 7.58 appropriation for the other year is 7.59 available for it. 7.60 (b) Electronic Communications 8.1 4,168,000 4,168,000 8.2 Summary by Fund 8.3 General 9,000 9,000 8.4 Trunk Highway 4,159,000 4,159,000 8.5 $9,000 the first year and $9,000 the 8.6 second year are from the general fund 8.7 for equipment and operation of the 8.8 Roosevelt signal tower for Lake of the 8.9 Woods weather broadcasting. 8.10 Subd. 9. General Administration 35,355,000 35,485,000 8.11 Summary by Fund 8.12 General 41,000 41,000 8.13 Airports 70,000 70,000 8.14 Trunk Highway 35,244,000 35,374,000 8.15 The amounts that may be spent from this 8.16 appropriation for each activity are as 8.17 follows: 8.18 (a) General Management 8.19 22,943,000 22,999,000 8.20 $100,000 each year is appropriated from 8.21 the trunk highway fund to the 8.22 commissioner of transportation for 8.23 grants to stimulate telecommuting as an 8.24 alternative to peak-hour highway 8.25 commuting. The commissioner and the 8.26 Minnesota telecommuting partnership 8.27 shall determine grant purposes and 8.28 recipients. Initial consideration will 8.29 be given to the communities of Cottage 8.30 Grove, Upsala, and Morrison county. 8.31 Notwithstanding Minnesota Statutes, 8.32 sections 160.84 to 160.92, the 8.33 commissioner of transportation is 8.34 authorized to implement a demonstration 8.35 congestion pricing project involving 8.36 interstate trunk highway facilities to 8.37 determine the feasibility of charging 8.38 user fees as allowed by Section 1012(b) 8.39 of the Intermodal Surface 8.40 Transportation Efficiency Act of 1991, 8.41 Public Law Number 102-240 (ISTEA). For 8.42 the purposes of this demonstration 8.43 project, the commissioner shall be 8.44 exempt from any rulemaking 8.45 requirements. The commissioner of 8.46 transportation must obtain prior 8.47 approval for the project from the 8.48 metropolitan council. The metropolitan 8.49 council must hold a public hearing on 8.50 the project as proposed by the 8.51 commissioner of transportation before 8.52 granting its approval. All fees 8.53 collected by the commissioner shall be 8.54 deposited in the trunk highway fund and 8.55 are appropriated to implement and 8.56 administer this demonstration project. 8.57 The project must be completed by June 9.1 30, 1997. 9.2 $250,000 is appropriated from the trunk 9.3 highway fund for fiscal year 1996 to 9.4 the commissioner of transportation as 9.5 follows: $150,000 is immediately 9.6 available and an additional $100,000 is 9.7 available only if matched with $50,000 9.8 in money and $50,000 in-kind funding 9.9 from private or other public sources. 9.10 The commissioner shall seek federal 9.11 funding as well as local matching 9.12 funds. The commissioner shall disburse 9.13 money from this appropriation for the 9.14 following purposes. The commissioner 9.15 of transportation shall research and 9.16 operationally test the installation of 9.17 a road powered electric vehicle (RPEV) 9.18 system, either with high occupancy 9.19 vehicles (HOVs), shuttles, or full-size 9.20 buses, as part of the Saints road 9.21 project in St. Cloud, Minnesota, in 9.22 coordination with the St. Cloud area 9.23 metropolitan transit commission. The 9.24 commissioner shall analyze findings and 9.25 make recommendations specifically 9.26 discussing: (1) snow and ice removal 9.27 over extended periods of system 9.28 operation; (2) design applications for 9.29 road installation, durability, and 9.30 reliability over extended periods of 9.31 operation of a RPEV system installed in 9.32 public or test roadbed; (3) research on 9.33 safety factors and mitigation related 9.34 to probabilities of occurrence; and (4) 9.35 preliminary research on RPEV 9.36 application to intelligent 9.37 transportation systems. 9.38 The commissioner of transportation 9.39 shall manage the department of 9.40 transportation in such a manner as to 9.41 provide seasonal employees of the 9.42 department with the maximum feasible 9.43 amount of employment security 9.44 consistent with the efficient delivery 9.45 of department programs. 9.46 (b) General Services 9.47 12,412,000 12,486,000 9.48 Summary by Fund 9.49 General 41,000 41,000 9.50 Airports 70,000 70,000 9.51 Trunk Highway 12,301,000 12,375,000 9.52 $3,500,000 the first year and 9.53 $3,500,000 the second year are for data 9.54 processing development. If the 9.55 appropriation for either year is 9.56 insufficient, the appropriation for the 9.57 other year is available for it. 9.58 Subd. 10. Transfers 9.59 The commissioner of transportation with 9.60 the approval of the commissioner of 10.1 finance may transfer unencumbered 10.2 balances among the appropriations from 10.3 the trunk highway fund and the state 10.4 airports fund made in this section. No 10.5 transfer may be made from the 10.6 appropriation for state road 10.7 construction. No transfer may be made 10.8 from the appropriations for debt 10.9 service to any other appropriation. 10.10 Transfers may not be made between funds. 10.11 Transfers must be reported immediately 10.12 to the committee on finance of the 10.13 senate and the committee on ways and 10.14 means of the house of representatives. 10.15 Sec. 3. METROPOLITAN COUNCIL TRANSIT 10.16 Subdivision 1. Total 10.17 Appropriation 34,542,000 34,542,000 10.18 This appropriation is from the general 10.19 fund. 10.20 Subd. 2. Regular Route 10.21 16,400,000 16,400,000 10.22 Subd. 3. Metro Mobility 10.23 14,637,000 14,637,000 10.24 The metropolitan council must not spend 10.25 any money for metro mobility outside 10.26 this appropriation, except the proceeds 10.27 of bonds sold to finance capital 10.28 improvements. 10.29 Subd. 4. Community Based 10.30 and Agency Costs 10.31 3,505,000 3,505,000 10.32 Sec. 4. TRANSPORTATION 10.33 REGULATION BOARD 605,000 10.34 This appropriation is from the trunk 10.35 highway fund. 10.36 Sec. 5. PUBLIC SAFETY 10.37 Subdivision 1. Total 10.38 Appropriation 79,329,000 79,493,000 10.39 Summary by Fund 10.40 General 4,546,000 4,502,000 10.41 Highway User 10,200,000 10,207,000 10.42 Special Revenue 910,000 934,000 10.43 Trunk Highway 63,673,000 63,850,000 10.44 Transfers to Other 10.45 Direct (2,560,000) (2,540,000) 10.46 The amounts that may be spent from this 10.47 appropriation for each program are 10.48 specified in the following subdivisions. 11.1 Subd. 2. Administration and 11.2 Related Services 11.3 5,060,000 5,078,000 11.4 Summary by Fund 11.5 General 523,000 523,000 11.6 Highway User 19,000 19,000 11.7 Trunk Highway 4,518,000 4,536,000 11.8 $326,000 the first year and $326,000 11.9 the second year are for payment of 11.10 public safety officer survivor benefits 11.11 under Minnesota Statutes, section 11.12 299A.44. If the appropriation for 11.13 either year is insufficient, the 11.14 appropriation for the other year is 11.15 available for it. 11.16 Subd. 3. State Patrol 11.17 43,727,000 43,835,000 11.18 Summary by Fund 11.19 General 451,000 406,000 11.20 Highway User 60,000 60,000 11.21 Trunk Highway 43,216,000 43,369,000 11.22 During the biennium ending June 30, 11.23 1997, no more than five positions, 11.24 excluding the chief patrol officer, in 11.25 the state patrol support activity may 11.26 be filled by state troopers. 11.27 During the biennium ending June 30, 11.28 1997, the commissioner may purchase 11.29 other motor fuel when gasohol is not 11.30 available for the operation of state 11.31 patrol vehicles. 11.32 $45,000 is available from the general 11.33 fund for the biennium to replace 11.34 security equipment at the governor's 11.35 residence. 11.36 Subd. 4. Driver and Vehicle Services 11.37 29,446,000 29,460,000 11.38 Summary by Fund 11.39 General 3,511,000 3,512,000 11.40 Highway User 10,121,000 10,128,000 11.41 Trunk Highway 15,756,000 15,761,000 11.42 Special Revenue 58,000 59,000 11.43 The appropriation from the special 11.44 revenue fund is from the bicycle 11.45 transportation account. 11.46 Subd. 5. Traffic Safety 12.1 244,000 245,000 12.2 Summary by Fund 12.3 General 61,000 61,000 12.4 Trunk Highway 183,000 184,000 12.5 Subd. 6. Pipeline Safety 12.6 852,000 875,000 12.7 This appropriation is from the pipeline 12.8 safety account in the special revenue 12.9 fund. 12.10 Subd. 7. Reimbursements 12.11 (a) $1,405,000 the first year and 12.12 $1,383,000 the second year are 12.13 appropriated from the general fund for 12.14 transfer by the commissioner of finance 12.15 to the trunk highway fund on January 1, 12.16 1996, and January 1, 1997, 12.17 respectively, in order to reimburse the 12.18 trunk highway fund for expenses not 12.19 related to the fund. These represent 12.20 amounts appropriated out of the trunk 12.21 highway fund for general fund purposes 12.22 in the administration and related 12.23 services program. 12.24 (b) $439,000 the first year and 12.25 $441,000 the second year are 12.26 appropriated from the highway user tax 12.27 distribution fund for transfer by the 12.28 commissioner of finance to the trunk 12.29 highway fund on January 1, 1996, and 12.30 January 1, 1997, respectively, in order 12.31 to reimburse the trunk highway fund for 12.32 expenses not related to the fund. 12.33 These represent amounts appropriated 12.34 out of the trunk highway fund for 12.35 highway user fund purposes in the 12.36 administration and related services 12.37 program. 12.38 (c) $716,000 the first year and 12.39 $716,000 the second year are 12.40 appropriated from the highway user tax 12.41 distribution fund for transfer by the 12.42 commissioner of finance to the general 12.43 fund on January 1, 1996, and January 1, 12.44 1997, respectively, in order to 12.45 reimburse the general fund for expenses 12.46 not related to the fund. These 12.47 represent amounts appropriated out of 12.48 the general fund for operation of the 12.49 criminal justice data network related 12.50 to driver and motor vehicle licensing. 12.51 Sec. 6. MINNESOTA SAFETY 12.52 COUNCIL 67,000 67,000 12.53 This appropriation is from the trunk 12.54 highway fund. 12.55 Sec. 7. GENERAL CONTINGENT 12.56 ACCOUNTS 375,000 375,000 12.57 The appropriations in this section may 13.1 only be spent with the approval of the 13.2 governor after consultation with the 13.3 legislative advisory commission 13.4 pursuant to Minnesota Statutes, section 13.5 3.30. 13.6 If an appropriation in this section for 13.7 either year is insufficient, the 13.8 appropriation for the other year is 13.9 available for it. 13.10 Summary by Fund 13.11 Trunk Highway Fund 13.12 200,000 200,000 13.13 Highway User Tax Distribution Fund 13.14 125,000 125,000 13.15 State Airports Fund 13.16 50,000 50,000 13.17 Sec. 8. TORT CLAIMS 600,000 600,000 13.18 To be spent by the commissioner of 13.19 finance. 13.20 This appropriation is from the trunk 13.21 highway fund. 13.22 If the appropriation for either year is 13.23 insufficient, the appropriation for the 13.24 other year is available for it. 13.25 Sec. 9. EVALUATION OF USE OF 13.26 COST-EFFECTIVE MEASURES 13.27 The legislative audit commission is 13.28 requested to direct the legislative 13.29 auditor to perform an evaluation of the 13.30 cost-effectiveness of specifications, 13.31 standards, practices, and procedures 13.32 relating to construction projects 13.33 undertaken by the department of 13.34 transportation. The evaluation must 13.35 identify those construction-related 13.36 specifications, standards, practices, 13.37 and procedures which are cost-effective 13.38 and available to the department, but 13.39 which are not utilized.