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SF 2409

as introduced - 89th Legislature (2015 - 2016) Posted on 04/05/2016 08:42am

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

Current Version - as introduced

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A bill for an act
relating to transportation; modifying various provisions regulating the
establishment and use of bikeways; amending Minnesota Statutes 2014, sections
85.016; 160.02, subdivision 27, by adding subdivisions; 160.262, subdivisions
1, 3, 4; 160.266, subdivisions 2, 3, 4, 5, by adding subdivisions; 161.21,
subdivision 1; repealing Minnesota Statutes 2014, sections 160.262, subdivision
2; 160.265, subdivisions 1, 2; 160.266, subdivision 1; Minnesota Rules,
parts 8810.6000; 8810.6100; 8810.6300; 8810.6400; 8810.6500; 8810.6600;
8810.6700; 8810.6800; 8810.6900; 8810.7000; 8810.9910; 8810.9911;
8810.9912; 8810.9913.

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

Section 1.

Minnesota Statutes 2014, section 85.016, is amended to read:


85.016 BICYCLE TRAIL PROGRAM.

The commissioner of natural resources shall establish a program for the development
of bicycle trails utilizing the state trails authorized by section 85.015, other state parks
and recreation land, and state forests. "Bicycle trail," as used in this section, has the
meaning given in section 169.011. The program shall be coordinated with the local park
trail grant program established by the commissioner pursuant to section 85.019, with the
deleted text begin bikeway programdeleted text end new text begin state bicycle routesnew text end established by the commissioner of transportation
pursuant to section deleted text begin 160.265deleted text end new text begin 160.266new text end , and with existing and proposed local bikeways.
In the metropolitan area as defined in section 473.121, the program shall be developed
in accordance with plans and priorities established by the Metropolitan Council. The
commissioner shall provide technical assistance to local units of government in planning
and developing bicycle trails in local parks. The bicycle trail program shall, as a
minimum, describe the location, design, construction, maintenance, and land acquisition
needs of each component trail deleted text begin and shall give due consideration to the model standards
for the establishment of recreational vehicle lanes promulgated by the commissioner
of transportation pursuant to section 160.262
deleted text end . The program shall be developed after
consultation with the state trail council and regional and local units of government and
bicyclist organizations.

Sec. 2.

Minnesota Statutes 2014, section 160.02, is amended by adding a subdivision
to read:


new text begin Subd. 1a. new text end

new text begin Bikeway. new text end

new text begin "Bikeway" means a bicycle lane, bicycle path, shared use path,
bicycle route, or similar bicycle facility, regardless of whether designed for the exclusive
use of bicycles or for shared use with other transportation modes.
new text end

Sec. 3.

Minnesota Statutes 2014, section 160.02, subdivision 27, is amended to read:


Subd. 27.

Roadway; bicycle lane; bicycle route; bicycle pathdeleted text begin ; bikewaydeleted text end .

The
terms "roadway," "bicycle lane," "bicycle route," new text begin and new text end "bicycle pathdeleted text begin ,deleted text end " deleted text begin and "bikeway"deleted text end have
the meanings given in section 169.011.

Sec. 4.

Minnesota Statutes 2014, section 160.02, is amended by adding a subdivision
to read:


new text begin Subd. 27a. new text end

new text begin Shared use path. new text end

new text begin "Shared use path" means a bicycle facility that is (1)
physically separated from motorized vehicular traffic by an open space or barrier, (2)
located within either the highway right-of-way or an independent right-of-way, and (3)
available for use by other nonmotorized users.
new text end

Sec. 5.

Minnesota Statutes 2014, section 160.262, subdivision 1, is amended to read:


Subdivision 1.

deleted text begin Model standardsdeleted text end new text begin Powersnew text end .

new text begin (a) new text end The legislature determines that it is
in the interests of the public health, safety and welfare, to provide for the addition of
deleted text begin bicycle and recreational vehicle lanesdeleted text end new text begin bikewaysnew text end to proposed and existing public highways.
deleted text begin The commissioner of transportation shall adopt, in the manner provided in chapter 14,
model standards for the establishment of recreational vehicle lanes on and along proposed
and existing public highways. The model standards shall include but not be limited to
the following: (a) criteria for desirability of a lane in any given location, (b) provision
for maintenance of the lanes, and (c) the placement of the lanes in relation to roads. The
model standards shall govern state trunk highways.
deleted text end new text begin The commissioner of transportation
is authorized to plan, design, establish, and maintain bikeways on the right-of-way of
any trunk highway. The commissioner is responsible for the design and construction of
all bikeway projects within the right-of-way of any trunk highway. The commissioner
must consider the development of bikeways during the planning, design, construction,
reconstruction, or improvement of any trunk highway, or allow the establishment of such
bikeways within trunk highway right-of-way.
new text end

new text begin (b) The commissioner must maintain bikeway design guidelines consistent with the
state transportation goals in section 174.01.
new text end

new text begin (c) The commissioner must compile and maintain a map of bikeways in the state and
must publish and distribute the map's information at least once every two years in a form
and manner suitable to assist persons wishing to use the bikeways.
new text end

new text begin (d) The commissioner must maintain bikeways within the limits of trunk highway
right-of-way unless a written agreement or limited use permit provides otherwise.
new text end

Sec. 6.

Minnesota Statutes 2014, section 160.262, subdivision 3, is amended to read:


Subd. 3.

Cooperation among agencies and governments.

The deleted text begin following
deleted text end departments and agencies new text begin on the nonmotorized transportation advisory committee
identified in section 174.37
new text end shall deleted text begin cooperate in providingdeleted text end new text begin providenew text end information and advice
for deleted text begin amendments to the model standardsdeleted text end new text begin the bikeway design guidelines maintainednew text end by
the commissioner of transportationdeleted text begin : the Departments of Agriculture, Transportation,
Natural Resources, Commerce, and Employment and Economic Development, and the
Board of Water and Soil Resources
deleted text end . The commissioner may cooperate with and enter into
agreements with the United States government, any department of the state of Minnesota,
any unit of local government deleted text begin anddeleted text end new text begin , any tribal government, ornew text end any public or private
corporation in order to effect the purposes of this section.

Sec. 7.

Minnesota Statutes 2014, section 160.262, subdivision 4, is amended to read:


Subd. 4.

Design-build bridges for nonmotorized vehicles.

For streets and
highways, the commissioner shall allow for the acceptance of performance-specification
bids, made by the lowest responsible bidder, for constructing design-build bridges for
deleted text begin bicycle paths, bicycle trails,deleted text end new text begin bikewaysnew text end and pedestrian facilities that are:

(1) designed and used primarily for nonmotorized transportation, but may allow for
motorized wheelchairs, golf carts, necessary maintenance vehicles and, when otherwise
permitted by law, rule, or ordinance, snowmobiles; and

(2) located apart from any road or highway or protected by barriers, provided that a
design-built bridge may cross over and above a road or highway.

Sec. 8.

Minnesota Statutes 2014, section 160.266, is amended by adding a subdivision
to read:


new text begin Subd. 1a. new text end

new text begin State bicycle route; definition. new text end

new text begin For the purposes of this section, "state
bicycle route" means a linear series of one or more roads or bikeways that is designated
for bicycle travel, regardless of whether for exclusive use by bicycles or shared use with
other modes of transportation.
new text end

Sec. 9.

Minnesota Statutes 2014, section 160.266, is amended by adding a subdivision
to read:


new text begin Subd. 1b. new text end

new text begin State bicycle routes. new text end

new text begin The commissioner of transportation must identify
state bicycle routes primarily on existing road right-of-way and trails. State bicycle
routes must be identified in cooperation with road and trail authorities, including the
commissioner of natural resources, and with the advice of the advisory committee on
nonmotorized transportation under section 174.37. In a metropolitan area, state bicycle
routes must be identified in coordination with the plans and priorities established by
metropolitan planning organizations, as defined in United States Code, title 23, section 134.
new text end

Sec. 10.

Minnesota Statutes 2014, section 160.266, subdivision 2, is amended to read:


Subd. 2.

deleted text begin Creationdeleted text end new text begin Mississippi River Trailnew text end .

The commissioner, in cooperation with
road and trail authorities including the commissioner of natural resources, shall identify a
deleted text begin bikewaydeleted text end new text begin state bicycle route, to be known as the Mississippi River Trail,new text end that originates
at Itasca State Park in Clearwater, Beltrami, and Hubbard Counties, then generally
parallels the Mississippi River through the cities of Bemidji in Beltrami County, Grand
Rapids in Itasca County, Brainerd in Crow Wing County, Little Falls in Morrison County,
Sauk Rapids in Benton County, St. Cloud in Stearns County, Minneapolis in Hennepin
County, St. Paul in Ramsey County, Hastings in Dakota County, Red Wing in Goodhue
County, Wabasha in Wabasha County, Winona in Winona County, and La Crescent
in Houston County to Minnesota's boundary with Iowa and there terminates. Where
opportunities exist, the deleted text begin bikewaydeleted text end new text begin Mississippi River Trailnew text end may be designated on both sides
of the Mississippi River.

Sec. 11.

Minnesota Statutes 2014, section 160.266, subdivision 3, is amended to read:


Subd. 3.

Connections with other bikeways.

(a) The commissioner, in cooperation
with road and trail authorities including the commissioner of natural resources, shall:

(1) identify existing bikeways of regional significance that are in reasonable
proximity but not connected to the deleted text begin bikewaydeleted text end new text begin state bicycle routesnew text end established deleted text begin indeleted text end new text begin undernew text end this
sectiondeleted text begin , including but not limited to the Lake Wobegon Trail in the counties of Stearns
and Todd
deleted text end ; and

(2) support development of linkages between deleted text begin bikeways identified under clause (1)
and the bikeway
deleted text end new text begin state bicycle routesnew text end established deleted text begin indeleted text end new text begin undernew text end this section.

(b) The requirements of this subdivision are a secondary priority for use of funds
available under this section following establishment and enhancement of deleted text begin the bikewaydeleted text end new text begin state
bicycle routes
new text end under deleted text begin subdivision 1deleted text end new text begin this sectionnew text end .

Sec. 12.

Minnesota Statutes 2014, section 160.266, subdivision 4, is amended to read:


Subd. 4.

Cooperation with other entities.

The commissioner may contract and
enter into agreements with federal agencies, other state agencies, local governments, deleted text begin and
deleted text end new text begin tribal governments, ornew text end private entities to establish, develop, maintain, and operate deleted text begin the
bikeway
deleted text end new text begin state bicycle routesnew text end and to interpret associated natural and cultural resources.

Sec. 13.

Minnesota Statutes 2014, section 160.266, subdivision 5, is amended to read:


Subd. 5.

Funding.

deleted text begin Bicycledeleted text end new text begin Shared usenew text end paths included within deleted text begin the bikewaydeleted text end new text begin state
bicycle routes
new text end and not administered by the commissioner of natural resources are eligible
for funding from the environment and natural resources trust fund under chapter 116P,
from the parks and trails grant program under section 85.535, from the local recreation
grants program under section 85.019, subdivision 4b, and from other sources.

Sec. 14.

Minnesota Statutes 2014, section 161.21, subdivision 1, is amended to read:


Subdivision 1.

Location and design of highways.

The commissioner may make or
cause to be made such studies and investigations as the commissioner deems necessary
for the purpose of determining the most advantageous location and design of trunk
highways from the standpoint of both present and future traffic needs, and in making
such determinations the commissioner may take into consideration the probable future
development of both urban and rural areas and the effect of such development on future
traffic needs as indicated by such studies and investigations and the location and design
with respect to deleted text begin recreational vehicle lanedeleted text end new text begin bikewaynew text end establishment.

Sec. 15. new text begin REPEALER.
new text end

new text begin (a) new text end new text begin Minnesota Statutes 2014, sections 160.262, subdivision 2; 160.265, subdivisions
1 and 2; and 160.266, subdivision 1,
new text end new text begin are repealed.
new text end

new text begin (b) new text end new text begin Minnesota Rules, parts 8810.6000; 8810.6100; 8810.6300; 8810.6400;
8810.6500; 8810.6600; 8810.6700; 8810.6800; 8810.6900; 8810.7000; 8810.9910;
8810.9911; 8810.9912; and 8810.9913,
new text end new text begin are repealed.
new text end