SF 2592

1st Engrossment - 80th Legislature (1997 - 1998) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to transportation; authorizing advance 
  1.3             payment when required by federal government for 
  1.4             transportation project; permitting transfer or 
  1.5             extinguishment of access rights; regulating snow fence 
  1.6             easements, highway closures, and signs; providing 
  1.7             payment for certain culverts; changing distributions 
  1.8             from the highway user tax distribution fund; providing 
  1.9             for the costs of town highways and bridges; permitting 
  1.10            conveyances to public bodies; requiring owners to 
  1.11            inventory and inspect certain bridges; providing for 
  1.12            the revision of the state transportation plan; 
  1.13            regulating charges for air transportation services; 
  1.14            modifying contractor bond requirements for certain 
  1.15            transportation projects; authorizing conveyance of 
  1.16            certain tax-forfeited and acquired land; making 
  1.17            technical changes; removing a route from the trunk 
  1.18            highway system; amending Minnesota Statutes 1996, 
  1.19            sections 84.63; 117.21; 160.18, subdivision 1; 
  1.20            160.296, subdivision 1; 160.80, subdivision 1, and by 
  1.21            adding a subdivision; 161.081, subdivision 1, and by 
  1.22            adding a subdivision; 161.082, subdivisions 1 and 2a; 
  1.23            161.115, subdivisions 38 and 87; 161.44, subdivision 
  1.24            1; 162.081, subdivision 1; 165.03; 169.26, subdivision 
  1.25            1; 174.03, subdivisions 1a and 2; 174A.06; 221.034, 
  1.26            subdivisions 1 and 5; 222.63, subdivision 4; 270.077; 
  1.27            360.024; and 574.26, subdivision 1a; proposing coding 
  1.28            for new law in Minnesota Statutes, chapter 16B; 
  1.29            repealing Minnesota Statutes 1996, section 161.115, 
  1.30            subdivision 57. 
  1.31  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.32     Section 1.  [16B.171] [EXCEPTION FOR FEDERAL TRANSPORTATION 
  1.33  CONTRACTS.] 
  1.34     Notwithstanding section 16B.17 or other law to the 
  1.35  contrary, the commissioner of transportation may, when required 
  1.36  by a federal agency entering into an intergovernmental contract, 
  1.37  negotiate contract terms providing for full or partial 
  1.38  prepayment to the federal agency before work is performed or 
  2.1   services are provided. 
  2.2      Sec. 2.  Minnesota Statutes 1996, section 84.63, is amended 
  2.3   to read: 
  2.4      84.63 [CONVEYANCE OF INTERESTS IN LANDS TO STATE AND 
  2.5   FEDERAL GOVERNMENTS.] 
  2.6      Notwithstanding any existing law to the contrary, the 
  2.7   commissioner of natural resources is hereby authorized on behalf 
  2.8   of the state to convey to the United States or to the state of 
  2.9   Minnesota or any of its subdivisions, upon state-owned lands 
  2.10  under the administration of the commissioner of natural 
  2.11  resources, permanent or temporary easements for specified 
  2.12  periods or otherwise for trails, highways, roads and trails 
  2.13  including limitation of right of access from the lands to 
  2.14  adjacent highways and roads, flowage for development of fish and 
  2.15  game resources, stream protection, flood control, and necessary 
  2.16  appurtenances thereto, such conveyances to be made upon such 
  2.17  terms and conditions including provision for reversion in the 
  2.18  event of nonuser as the commissioner of natural resources may 
  2.19  determine. 
  2.20     Sec. 3.  Minnesota Statutes 1996, section 117.21, is 
  2.21  amended to read: 
  2.22     117.21 [EASEMENT TO MAY INCLUDE SNOW FENCES.] 
  2.23     When the right to establish a public road is acquired by 
  2.24  the state, or by any of its agencies or political subdivisions, 
  2.25  there shall may be included in the easement so acquired the 
  2.26  power to erect and maintain temporary snow fences as required 
  2.27  upon lands adjoining the highway part of which lands have been 
  2.28  taken for road purposes.  If included, the right to erect and 
  2.29  maintain such fences shall be considered in awarding damages, 
  2.30  and any award shall be conclusively presumed to include the 
  2.31  damages, if any, caused by the right to erect and maintain such 
  2.32  fences; provided, that, if the state, or agency or political 
  2.33  subdivision thereof, shall file with its petition, or at any 
  2.34  time before the question of damages is submitted to a jury, a 
  2.35  written disclaimer of its desire and intention to acquire a 
  2.36  right to erect and maintain snow fences as to any particular 
  3.1   tract of land involved, then no such right shall be acquired in 
  3.2   such proceeding and no consideration given to such fences as an 
  3.3   element of damage. 
  3.4      Sec. 4.  Minnesota Statutes 1996, section 160.18, 
  3.5   subdivision 1, is amended to read: 
  3.6      Subdivision 1.  [CULVERT ON EXISTING HIGHWAYS.] Except when 
  3.7   the easement of access has been acquired, the a road authorities 
  3.8   authority, other than town boards and county boards, as to 
  3.9   highways a highway already established and constructed shall 
  3.10  furnish one substantial culvert to an abutting owner in cases 
  3.11  where the culvert is necessary for may grant by permit a 
  3.12  suitable approach to such the highway.  A town board shall 
  3.13  furnish one substantial culvert to an abutting owner in cases 
  3.14  where the culvert is necessary for suitable approach to a town 
  3.15  road, provided that at any annual town meeting the electors of 
  3.16  any town may by resolution authorize the town board to require 
  3.17  that all or part of the costs of the furnishing of all culverts 
  3.18  on the town roads of such town be paid by the abutting owner.  A 
  3.19  county board, by resolution, shall, before furnishing any 
  3.20  culverts after August 1, 1975, establish The requesting abutting 
  3.21  property owner shall pay for the cost and installation of any 
  3.22  required culverts unless a road authority, other than the 
  3.23  commissioner, adopts by resolution a policy for the furnishing 
  3.24  of a culvert to an abutting owner when a culvert is necessary 
  3.25  for suitable approach to a county and state-aid road, and such.  
  3.26  The policy may include provisions for the payment of all or part 
  3.27  of the costs of furnishing such culverts the culvert by the 
  3.28  abutting landowner. 
  3.29     Sec. 5.  Minnesota Statutes 1996, section 160.296, 
  3.30  subdivision 1, is amended to read: 
  3.31     Subdivision 1.  [PROCEDURE.] (a) A person who desires a 
  3.32  specific service sign panel shall request the commissioner of 
  3.33  transportation to install the sign.  The commissioner of 
  3.34  transportation may grant the request if the applicant qualifies 
  3.35  for the sign panel and if space is available.  All signs shall 
  3.36  be fabricated, installed, maintained, replaced and removed by 
  4.1   the commissioner of transportation.  The applicant shall pay a 
  4.2   fee to the commissioner of transportation to cover all costs for 
  4.3   fabricating, installing, maintaining, replacing and removing.  
  4.4   The requests for specific service sign panels shall be renewed 
  4.5   every three years. 
  4.6      (b) If the applicant desires to display a business panel, 
  4.7   the business panel for each specific service sign panel shall be 
  4.8   supplied by the applicant.  All costs to fabricate business 
  4.9   panels shall be paid by the applicant.  All business panels 
  4.10  shall be installed and removed by the appropriate road 
  4.11  authority.  The costs for installing and removing business sign 
  4.12  panels on specific service signs located on nonfreeway trunk 
  4.13  highways are included in the fee specified in paragraph (a).  If 
  4.14  a business panel is stolen or damaged beyond repair, the 
  4.15  applicant shall supply a new business panel paid for by the 
  4.16  applicant. 
  4.17     Sec. 6.  Minnesota Statutes 1996, section 160.80, 
  4.18  subdivision 1, is amended to read: 
  4.19     Subdivision 1.  [COMMISSIONER MAY ESTABLISH PROGRAM.] (a) 
  4.20  The commissioner of transportation may establish a sign 
  4.21  franchise program for the purpose of providing on the 
  4.22  right-of-way of interstate and controlled-access trunk highways 
  4.23  specific information on gas, food, camping, and lodging, for the 
  4.24  benefit of the motoring public.  
  4.25     (b) The sign franchise program must include urban 
  4.26  interstate highways.  The commissioner may implement policies 
  4.27  that apply only to signs on interstate highways in urban areas, 
  4.28  such as distance requirements from the interstate for eligible 
  4.29  services, priority issues, and mixing of service logos. 
  4.30     Sec. 7.  Minnesota Statutes 1996, section 160.80, is 
  4.31  amended by adding a subdivision to read: 
  4.32     Subd. 1a.  [ELIGIBILITY CRITERIA FOR BUSINESS PANELS.] (a) 
  4.33  To be eligible for a business panel on a logo sign panel, a 
  4.34  business establishment must: 
  4.35     (1) be open for business; 
  4.36     (2) have a sign on site that both identifies the business 
  5.1   and is visible to motorists; 
  5.2      (3) be open to everyone, regardless of race, religion, 
  5.3   color, age, sex, national origin, creed, marital status, sexual 
  5.4   orientation, or disability; 
  5.5      (4) not impose a cover charge or otherwise require 
  5.6   customers to purchase additional products or services; and 
  5.7      (5) meet the appropriate criteria in paragraphs (b) to (e). 
  5.8      (b) Gas businesses must provide vehicle services including 
  5.9   fuel and oil; restroom facilities and drinking water; 
  5.10  continuous, staffed operation at least 12 hours a day, seven 
  5.11  days a week; and public access to a telephone. 
  5.12     (c) Food businesses must serve at least two meals a day 
  5.13  during normal mealtimes of breakfast, lunch, and dinner; provide 
  5.14  a continuous, staffed food service operation at least ten hours 
  5.15  a day, seven days a week except holidays as defined in section 
  5.16  645.44, subdivision 5, and except as provided for seasonal food 
  5.17  service businesses; provide seating capacity for at least 20 
  5.18  people; serve food prepared on the premises, excluding food 
  5.19  service businesses that only reheat prepackaged, ready-to-eat 
  5.20  food; and possess any required state or local licensing or 
  5.21  approval.  Seasonal food service businesses must provide a 
  5.22  continuous, staffed food service operation at least ten hours a 
  5.23  day, seven days a week, during their months of operation. 
  5.24     (d) Lodging businesses must include sleeping 
  5.25  accommodations; provide public access to a telephone; and 
  5.26  possess any required state or local licensing or approval. 
  5.27     (e) Camping businesses must include sites for camping; 
  5.28  include parking accommodations for each campsite; provide 
  5.29  sanitary facilities and drinking water; and possess any required 
  5.30  state or local licensing or approval. 
  5.31     (f) Businesses that do not meet the appropriate criteria in 
  5.32  paragraphs (b) to (e) but that have a signed lease as of January 
  5.33  1, 1998, may retain the business panel until December 31, 2005, 
  5.34  or until they withdraw from the program, whichever occurs first, 
  5.35  provided they continue to meet the criteria in effect in the 
  5.36  department's contract with the logo sign vendor on August 1, 
  6.1   1995.  After December 31, 2005, or after withdrawing from the 
  6.2   program, a business must meet the appropriate criteria in 
  6.3   paragraphs (a) to (e) to qualify for a business panel. 
  6.4      (g) Seasonal businesses must indicate to motorists when 
  6.5   they are open for business by either putting the full months of 
  6.6   operation directly on the business panel or by having a "closed" 
  6.7   plaque applied to the business panel when the business is closed 
  6.8   for the season. 
  6.9      (h) The maximum distance that an eligible business in 
  6.10  Anoka, Carver, Dakota, Hennepin, Ramsey, Scott, or Washington 
  6.11  county can be located from the interchange is:  for gas 
  6.12  businesses, one mile; for food businesses, two miles; for 
  6.13  lodging businesses, three miles; and for camping businesses, ten 
  6.14  miles. 
  6.15     (i) The maximum distance that an eligible business in any 
  6.16  other county can be located from the interchange shall not 
  6.17  exceed 15 miles in either direction. 
  6.18     (j) Logo sign panels must be erected so that motorists 
  6.19  approaching an interchange view the panels in the following 
  6.20  order:  camping, lodging, food, gas. 
  6.21     (k) When more than six eligible businesses of the same type 
  6.22  of service (gas, food, lodging, or camping) wish to display a 
  6.23  business panel when there are more eligible businesses than 
  6.24  space available, businesses closer to an interchange have 
  6.25  priority over businesses farther away from that interchange. 
  6.26     Sec. 8.  Minnesota Statutes 1996, section 161.081, 
  6.27  subdivision 1, is amended to read: 
  6.28     Subdivision 1.  [DISTRIBUTION OF FIVE PERCENT.] Pursuant to 
  6.29  article 14, section 5, of the constitution, five percent of the 
  6.30  net highway user tax distribution fund is set aside, and 
  6.31  apportioned as follows: 
  6.32     (1) 28 percent to the trunk highway fund; 
  6.33     (2) 64 percent to a separate account in the county 
  6.34  state-aid highway fund to be known as the county turnback 
  6.35  account, which account in the state treasury is hereby created;. 
  6.36     (3) 8 percent to a separate account in the municipal 
  7.1   state-aid street fund to be known as the municipal turnback 
  7.2   account, which account in the state treasury is hereby created. 
  7.3      That apportionment is further distributed as follows: 
  7.4      (1) 30.5 percent to the town road account created in 
  7.5   section 162.081; 
  7.6      (2) 16 percent to the town bridge account, which is created 
  7.7   in the state treasury; and 
  7.8      (3) 53.5 percent to the flexible highway account created in 
  7.9   subdivision 3. 
  7.10     Sec. 9.  Minnesota Statutes 1996, section 161.081, is 
  7.11  amended by adding a subdivision to read: 
  7.12     Subd. 3.  [FLEXIBLE HIGHWAY ACCOUNT; TURNBACK ACCOUNTS.] (a)
  7.13  The flexible highway account is created in the state treasury.  
  7.14  Money in the account may be used either for the restoration of 
  7.15  former trunk highways that have reverted to counties or to 
  7.16  statutory or home rule charter cities or for regular trunk 
  7.17  highway purposes. 
  7.18     (b) For purposes of this subdivision, "restoration" means 
  7.19  the level of effort required to improve the route that will be 
  7.20  turned back to an acceptable condition as determined by 
  7.21  agreement made between the commissioner and the county or city 
  7.22  before the route is turned back. 
  7.23     (c) The commissioner shall review the need for funds to 
  7.24  restore highways that have been or will be turned back and the 
  7.25  need for funds for the trunk highway system.  The commissioner 
  7.26  shall determine on a biennial basis, the percentage of this 
  7.27  flexible account to be used for county turnbacks, for municipal 
  7.28  turnbacks, and for regular trunk highway projects.  The 
  7.29  commissioner shall make this determination only after meeting 
  7.30  and holding discussions with committees selected by the 
  7.31  statewide associations of both county commissioners and 
  7.32  municipal officials. 
  7.33     (d) Money that will be used for the restoration of trunk 
  7.34  highways that have reverted or that will revert to cities must 
  7.35  be deposited in the municipal turnback account, which is created 
  7.36  in the state treasury.  
  8.1      (e) Money that will be used for the restoration of trunk 
  8.2   highways that have reverted or that will revert to counties must 
  8.3   be deposited in the county turnback account, which is created in 
  8.4   the state treasury. 
  8.5      (f) As part of each biennial budget submission to the 
  8.6   legislature, the commissioner shall describe how the money in 
  8.7   the flexible highway account will be apportioned among the 
  8.8   county turnback account, the municipal turnback account, and the 
  8.9   trunk highway fund.  
  8.10     (g) Money apportioned from the flexible highway account to 
  8.11  the trunk highway fund must be used for state road construction 
  8.12  and engineering costs. 
  8.13     Sec. 10.  Minnesota Statutes 1996, section 161.082, 
  8.14  subdivision 1, is amended to read: 
  8.15     Subdivision 1.  [RULES.] Except as hereinafter provided in 
  8.16  this section and in section 161.081, all money accruing to the 
  8.17  county turnback account shall be expended in accordance with 
  8.18  rules of the commissioner of transportation in paying a county 
  8.19  for the restoration of former trunk highways, or portions 
  8.20  thereof, that have reverted to the county in accordance with 
  8.21  law, and have become a part of the county state-aid highway 
  8.22  system. 
  8.23     Sec. 11.  Minnesota Statutes 1996, section 161.082, 
  8.24  subdivision 2a, is amended to read: 
  8.25     Subd. 2a.  [TOWN BRIDGES AND CULVERTS; TOWN ROAD ACCOUNT.] 
  8.26  An amount equal to 25 percent of the county turnback (a) Money 
  8.27  in the town bridge account must be expended on town road bridge 
  8.28  structures that are ten feet or more in length and on town road 
  8.29  culverts that replace existing town road bridges.  In addition, 
  8.30  if the present bridge structure is less than ten feet in length 
  8.31  but a hydrological survey indicates that the replacement bridge 
  8.32  structure or culvert must be ten feet or more in length, then 
  8.33  the bridge or culvert is eligible for replacement funds. 
  8.34     (b) In addition, if a culvert that replaces a deficient 
  8.35  bridge is in a county comprehensive water plan approved by the 
  8.36  board of water and soil resources and the department of natural 
  9.1   resources, the costs of the culvert and roadway grading other 
  9.2   than surfacing are eligible for replacement funds up to the cost 
  9.3   of constructing a replacement bridge. 
  9.4      (c) The expenditures on bridge structures and culverts may 
  9.5   be on a matching basis, and if on a matching basis, not more 
  9.6   than 90 percent of the cost of a bridge structure or culvert may 
  9.7   be paid from the county turnback account. and may be for 100 
  9.8   percent of the cost of the replacement structure or culvert or 
  9.9   for 100 percent of the cost of rehabilitating the existing 
  9.10  structure. 
  9.11     (d) The town bridge account may be used to pay the costs to 
  9.12  abandon an existing bridge that is deficient and in need of 
  9.13  replacement, but where no replacement will be made.  It may also 
  9.14  be used to pay the costs to construct a road or street to 
  9.15  facilitate the abandonment of an existing bridge determined by 
  9.16  the commissioner to be deficient, if the commissioner determines 
  9.17  that construction of the road or street is more cost efficient 
  9.18  than replacing the existing bridge. 
  9.19     (e) When bridge approach construction work exceeds $10,000 
  9.20  in costs, or when the county engineer determines that the cost 
  9.21  of the replacement culverts alone will not exceed $20,000, the 
  9.22  town shall be eligible for financial assistance from the town 
  9.23  bridge account.  Financial assistance shall be requested by 
  9.24  resolution of the county board and shall be limited to: 
  9.25     (1) 100 percent of the cost of the bridge approach work 
  9.26  that is in excess of $10,000; or 
  9.27     (2) 100 percent of the cost of the replacement culverts 
  9.28  when the cost does not exceed $20,000 and the town board agrees 
  9.29  to be responsible for all the other costs, which may include 
  9.30  costs for structural removal, installation, and permitting.  The 
  9.31  replacement structure design and costs shall be approved and 
  9.32  certified by the county engineer, but need not be subsequently 
  9.33  approved by the department of transportation. 
  9.34     An amount equal to 47.5 percent of the county turnback 
  9.35  account must be set aside as a town road account and (f) Money 
  9.36  in the town road account must be distributed as provided in 
 10.1   section 162.081. 
 10.2      Sec. 12.  Minnesota Statutes 1996, section 161.115, 
 10.3   subdivision 38, is amended to read: 
 10.4      Subd. 38.  [ROUTE NO. 107.] Beginning at the terminus of 
 10.5   Route No. 10 on the westerly limits on the city of Minneapolis, 
 10.6   thence extending in an easterly direction to a point on Route 
 10.7   No. 104 as herein established at or near Washington Avenue in 
 10.8   the city of Minneapolis. 
 10.9      Sec. 13.  Minnesota Statutes 1996, section 161.115, 
 10.10  subdivision 87, is amended to read: 
 10.11     Subd. 87.  [ROUTE NO. 156.] Beginning at a point on Route 
 10.12  No. 394 105 in the city of Minneapolis and extending in a 
 10.13  northerly and westerly direction to a point on Route No. 62 
 10.14  easterly of the Great Northern Railway at or near the city of 
 10.15  Coon Rapids. 
 10.16     Sec. 14.  Minnesota Statutes 1996, section 161.44, 
 10.17  subdivision 1, is amended to read: 
 10.18     Subdivision 1.  [CONVEYANCE.] The commissioner may convey 
 10.19  and quitclaim any lands, including any improvements thereon, 
 10.20  owned in fee by the state for trunk highway purposes but no 
 10.21  longer needed therefor.  Notwithstanding any provisions in this 
 10.22  section or in section 161.23 to the contrary, fee title to or an 
 10.23  easement in all or part of the lands and lands previously 
 10.24  acquired in fee for trunk highways or acquired pursuant to 
 10.25  section 161.23, in excess of what is needed for highway purposes 
 10.26  may be conveyed and quitclaimed for public purposes to the 
 10.27  government of the United States and any agency or department of 
 10.28  the federal government or to any political subdivision or agency 
 10.29  of the state upon the terms and conditions as may be agreed upon 
 10.30  between the commissioner and the United States or between the 
 10.31  commissioner and the political subdivision or agency of the 
 10.32  state. 
 10.33     Sec. 15.  Minnesota Statutes 1996, section 165.03, is 
 10.34  amended to read: 
 10.35     165.03 [STRENGTH OF BRIDGES; INSPECTIONS.] 
 10.36     Subdivision 1.  [STANDARDS GENERALLY.] Each bridge, 
 11.1   including a privately owned bridge, must conform to the 
 11.2   strength, width, clearance, and safety standards imposed by the 
 11.3   commissioner for the connecting highway or street.  This 
 11.4   subdivision applies to a bridge that is constructed after August 
 11.5   1, 1989, on any public highway or street.  The bridge must have 
 11.6   sufficient strength to support with safety the maximum vehicle 
 11.7   weights allowed under section 169.825 and must have the minimum 
 11.8   width specified in section 165.04, subdivision 3. 
 11.9      Subd. 2.  [INSPECTION AND INVENTORY RESPONSIBILITIES; 
 11.10  RULES; FORMS.] The commissioner of transportation shall adopt 
 11.11  official inventory and bridge inspection report forms for use in 
 11.12  making bridge inspections by the owners or highway authorities 
 11.13  specified by this subdivision.  Bridge inspections shall be made 
 11.14  at regular intervals, not to exceed two years, by the following 
 11.15  officials owner or official: 
 11.16     (a) The commissioner of transportation for all bridges 
 11.17  located wholly or partially within or over the right-of-way of a 
 11.18  state trunk highway. 
 11.19     (b) The county highway engineer for all bridges located 
 11.20  wholly or partially within or over the right-of-way of any 
 11.21  county or township road, or any street within a municipality 
 11.22  which does not have a city engineer regularly employed. 
 11.23     (c) The city engineer for all bridges located wholly or 
 11.24  partially within or over the right-of-way of any street located 
 11.25  within or along municipal limits. 
 11.26     (d) The commissioner of transportation in case of a toll 
 11.27  bridge that is used by the general public and that is not 
 11.28  inspected and certified under subdivision 6; provided, that the 
 11.29  commissioner of transportation may assess the owner for the 
 11.30  costs of such inspection. 
 11.31     (e) The owner of a bridge over a public highway or street 
 11.32  or that carries a roadway designated for public use by a public 
 11.33  authority, if not required to be inventoried and inspected under 
 11.34  paragraph (a), (b), (c), or (d). 
 11.35     The commissioner of transportation shall prescribe the 
 11.36  standards for bridge inspection and inventory by rules.  The 
 12.1   specified owner or highway authorities authority shall inspect 
 12.2   and inventory in accordance with these standards and furnish the 
 12.3   commissioner with such data as may be necessary to maintain a 
 12.4   central inventory. 
 12.5      Subd. 3.  [COUNTY INVENTORY AND INSPECTION RECORDS AND 
 12.6   REPORTS.] The county engineer shall maintain a complete 
 12.7   inventory record of all bridges as set forth in subdivision 2, 
 12.8   paragraph (b), with the inspection reports thereof, and shall 
 12.9   certify annually to the commissioner, as prescribed by the 
 12.10  commissioner, that inspections have been made at regular 
 12.11  intervals not to exceed two years.  A report of the inspections 
 12.12  shall be filed annually, on or before February 15 of each year, 
 12.13  with the county auditor or township town clerk, or the governing 
 12.14  body of the municipality.  The report shall contain 
 12.15  recommendations for the correction of, or legal posting of load 
 12.16  limits on any bridge or structure that is found to be 
 12.17  understrength or unsafe. 
 12.18     Subd. 4.  [MUNICIPAL INVENTORY AND INSPECTION RECORDS AND 
 12.19  REPORTS.] The city engineer shall maintain a complete inventory 
 12.20  record of all bridges as set forth in subdivision 2, 
 12.21  paragraph (c), with the inspection reports thereof, and shall 
 12.22  certify annually to the commissioner, as prescribed by the 
 12.23  commissioner, that inspections have been made at regular 
 12.24  intervals not to exceed two years.  A report of the inspections 
 12.25  shall be filed annually, on or before February 15 of each year, 
 12.26  with the governing body of the municipality.  The report shall 
 12.27  contain recommendations for the correction of, or legal posting 
 12.28  of load limits on any bridge or structure that is found to be 
 12.29  understrength or unsafe. 
 12.30     Subd. 5.  [AGREEMENTS.] Agreements may be made among the 
 12.31  various units of governments, or between governmental units and 
 12.32  qualified engineering personnel to carry out the 
 12.33  responsibilities for the bridge inspections and reports, as 
 12.34  established by subdivision 2. 
 12.35     Subd. 6.  [TOLL OTHER BRIDGES.] The owner of a toll bridge 
 12.36  and the owner of a bridge described in subdivision 2, paragraph 
 13.1   (e), shall certify to the commissioner, as prescribed by the 
 13.2   commissioner, that inspections of the bridge have been made at 
 13.3   regular intervals not to exceed two years.  The certification 
 13.4   shall be accompanied by a report of the inspection.  The report 
 13.5   shall contain recommendations for the correction of or legal 
 13.6   posting of load limitations if the bridge is found to be 
 13.7   understrength or unsafe. 
 13.8      Subd. 7.  [DEPARTMENT OF NATURAL RESOURCES BRIDGES.] (a) 
 13.9   Notwithstanding subdivision 2, the commissioners of 
 13.10  transportation and natural resources shall negotiate a 
 13.11  memorandum of understanding that governs the inspection of 
 13.12  bridges owned, operated, or maintained by the commissioner of 
 13.13  natural resources. 
 13.14     (b) The memorandum of understanding must provide for: 
 13.15     (1) the inspection and inventory of bridges subject to 
 13.16  federal law or regulations; 
 13.17     (2) the frequency of inspection of bridges described in 
 13.18  paragraph (a); and 
 13.19     (3) who may perform inspections required under the 
 13.20  memorandum of understanding. 
 13.21     Sec. 16.  Minnesota Statutes 1996, section 162.081, 
 13.22  subdivision 1, is amended to read: 
 13.23     Subdivision 1.  [ACCOUNT CREATED.] A town road account is 
 13.24  created in the county state-aid highway fund, consisting of the 
 13.25  amounts transferred from the county turnback account as provided 
 13.26  in section 161.082. 
 13.27     Sec. 17.  Minnesota Statutes 1996, section 169.26, 
 13.28  subdivision 1, is amended to read: 
 13.29     Subdivision 1.  [REQUIREMENTS.] (a) When any person driving 
 13.30  a vehicle approaches a railroad grade crossing under any of the 
 13.31  circumstances stated in this paragraph, the driver shall stop 
 13.32  the vehicle not less than ten feet from the nearest railroad 
 13.33  track and shall not proceed until safe to do so.  These 
 13.34  requirements apply when:  
 13.35     (1) a clearly visible electric or mechanical signal device 
 13.36  warns of the immediate approach of a railroad train; or 
 14.1      (2) a crossing gate is lowered warning of the immediate 
 14.2   approach or passage of a railroad train; or 
 14.3      (3) an approaching railroad train is plainly visible and is 
 14.4   in hazardous proximity.  
 14.5      (b) The fact that a moving train approaching a railroad 
 14.6   grade crossing is visible from the crossing is prima facie 
 14.7   evidence that it is not safe to proceed. 
 14.8      (c) The driver of a vehicle shall stop and remain stopped 
 14.9   and not traverse the grade crossing when a human flagger signals 
 14.10  the approach or passage of a train or when a crossing gate is 
 14.11  lowered warning of the immediate approach or passage of a 
 14.12  railroad train.  No person may drive a vehicle past a flagger at 
 14.13  a railroad crossing until the flagger signals that the way is 
 14.14  clear to proceed or drive a vehicle past a lowered crossing gate.
 14.15     Sec. 18.  Minnesota Statutes 1996, section 174.03, 
 14.16  subdivision 1a, is amended to read: 
 14.17     Subd. 1a.  [REVISION OF STATE TRANSPORTATION PLAN.] The 
 14.18  commissioner shall revise the state transportation plan by 
 14.19  January 1, 1996, and by January 1 of each odd-numbered year at 
 14.20  least every six years thereafter.  Before final adoption of a 
 14.21  revised plan, the commissioner shall hold a hearing to receive 
 14.22  public comment on the plan.  The revised state transportation 
 14.23  plan must: 
 14.24     (1) incorporate the goals of the state transportation 
 14.25  system in section 174.01; and 
 14.26     (2) establish objectives, policies, and strategies for 
 14.27  achieving those goals.  
 14.28     Sec. 19.  Minnesota Statutes 1996, section 174.03, 
 14.29  subdivision 2, is amended to read: 
 14.30     Subd. 2.  [IMPLEMENTATION OF PLAN.] After the adoption and 
 14.31  each revision of the statewide transportation plan, the 
 14.32  commissioner and the transportation regulation board shall take 
 14.33  no action inconsistent with the revised plan. 
 14.34     Sec. 20.  Minnesota Statutes 1996, section 174A.06, is 
 14.35  amended to read: 
 14.36     174A.06 [CONTINUATION OF RULES.] 
 15.1      Orders and directives heretofore in force, issued, or 
 15.2   promulgated by the public service commission, public utilities 
 15.3   commission, or the department of transportation under authority 
 15.4   of chapters 174A, 216A, 218, 219, and 221, and 222 remain and 
 15.5   continue in force and effect until repealed, modified, or 
 15.6   superseded by duly authorized orders or directives of 
 15.7   the commissioner of transportation regulation board.  To the 
 15.8   extent allowed under federal law or regulation, rules adopted by 
 15.9   the public service commission, public utilities commission or 
 15.10  the department of transportation under authority of the 
 15.11  following sections are transferred to the commissioner of 
 15.12  transportation regulation board and continue in force and effect 
 15.13  until repealed, modified, or superseded by duly authorized rules 
 15.14  of the transportation regulation board commissioner:  
 15.15     (1) section 218.041 except rules related to the form and 
 15.16  manner of filing railroad rates, railroad accounting rules, and 
 15.17  safety rules; 
 15.18     (2) section 219.40; 
 15.19     (3) rules relating to rates or tariffs, or the granting, 
 15.20  limiting, or modifying of permits or certificates of convenience 
 15.21  and necessity under section 221.031, subdivision 1; 
 15.22     (4) rules relating to the sale, assignment, pledge, or 
 15.23  other transfer of a stock interest in a corporation holding 
 15.24  authority to operate as a permit carrier as prescribed in 
 15.25  section 221.151, subdivision 1, or a local cartage carrier under 
 15.26  section 221.296, subdivision 8; 
 15.27     (5) rules relating to rates, charges, and practices under 
 15.28  section 221.161, subdivision 4; and 
 15.29     (6) rules relating to rates, tariffs, or the granting, 
 15.30  limiting, or modifying of permits under sections 221.121, 
 15.31  221.151, and 221.296 or certificates of convenience and 
 15.32  necessity under section 221.071.  
 15.33     The board commissioner shall review the transferred rules, 
 15.34  orders, and directives and, when appropriate, develop and adopt 
 15.35  new rules, orders, or directives within 18 months of July 1, 
 15.36  1985. 
 16.1      Sec. 21.  Minnesota Statutes 1996, section 221.034, 
 16.2   subdivision 1, is amended to read: 
 16.3      Subdivision 1.  [NOTICE REQUIRED.] At the earliest 
 16.4   practicable moment, each person who transports hazardous 
 16.5   materials, including hazardous wastes, shall give notice in 
 16.6   accordance with subdivision 2 after each incident that occurs 
 16.7   during the course of transportation including loading, 
 16.8   unloading, and temporary storage, in which as a direct result of 
 16.9   hazardous materials:  
 16.10     (1) a person is killed; 
 16.11     (2) a person receives injuries requiring hospitalization; 
 16.12     (3) estimated carrier or other property damage exceeds 
 16.13  $50,000; 
 16.14     (4) an evacuation of the general public occurs lasting one 
 16.15  or more hours; 
 16.16     (5) one or more major transportation arteries or facilities 
 16.17  are closed or shut down for one hour or more; 
 16.18     (6) the operational flight pattern or routine of an 
 16.19  aircraft is altered; 
 16.20     (7) fire, breakage, spillage, or suspected radioactive 
 16.21  contamination occurs involving shipment of radioactive material; 
 16.22     (8) fire, breakage, spillage, or suspected contamination 
 16.23  occurs involving shipment of etiologic agents; or 
 16.24     (9) a situation exists of such a nature that, in the 
 16.25  judgment of the carrier, it should be reported in accordance 
 16.26  with subdivision 2 even though it does not meet the criteria of 
 16.27  clause (1), (2), or (3), but a continuing danger to life exists 
 16.28  at the scene of the incident; or 
 16.29     (10) there has been a release of a marine pollutant in a 
 16.30  quantity exceeding 450 liters (119 gallons) for liquids or 450 
 16.31  kilograms (882 pounds) for solids.  
 16.32     Sec. 22.  Minnesota Statutes 1996, section 221.034, 
 16.33  subdivision 5, is amended to read: 
 16.34     Subd. 5.  [DISCHARGES NOT APPLICABLE.] Except as provided 
 16.35  in subdivision 6, the requirements of subdivision 3 do not apply 
 16.36  to incidents involving the unintentional release of hazardous 
 17.1   materials being transported under the following proper shipping 
 17.2   names:  
 17.3      (1) consumer commodity; 
 17.4      (2) battery, electric storage, wet, filled with acid or 
 17.5   alkali; 
 17.6      (3) paint, enamel, lacquer, stain, shellac or varnish 
 17.7   aluminum, bronze, gold, wood filler, and liquid or lacquer base 
 17.8   liquid when shipped in packagings of five gallons or less; or 
 17.9      (4) materials prepared and transported as a limited 
 17.10  quantity according to Code of Federal Regulations, title 49, 
 17.11  subchapter C. 
 17.12     Sec. 23.  Minnesota Statutes 1996, section 222.63, 
 17.13  subdivision 4, is amended to read: 
 17.14     Subd. 4.  [DISPOSITION PERMITTED.] (a) The commissioner may 
 17.15  lease any rail line or right-of-way held in the state rail bank 
 17.16  or enter into an agreement with any person for the operation of 
 17.17  any rail line or right-of-way for any of the purposes set forth 
 17.18  in subdivision 2 in accordance with a fee schedule to be 
 17.19  developed by the commissioner.  
 17.20     (b) The commissioner may convey any rail line or 
 17.21  right-of-way, for consideration or for no consideration and upon 
 17.22  other terms as the commissioner may determine to be in the 
 17.23  public interest, to any other state agency or to a governmental 
 17.24  political subdivision of the state having power by law to 
 17.25  utilize it for any of the purposes set forth in subdivision 2.  
 17.26     (c) The commissioner may convey a portion of previously 
 17.27  acquired rail bank right-of-way to a state agency or political 
 17.28  subdivision when the commissioner determines that: 
 17.29     (1) the conveyance will not reduce the rail bank corridor 
 17.30  to less than 50 feet; 
 17.31     (2) the portion to be conveyed is in excess of that needed 
 17.32  for the purposes stated in subdivision 2; 
 17.33     (3) the conveyance is upon terms and conditions agreed upon 
 17.34  by both the commissioner and the state agency or political 
 17.35  subdivision; and 
 17.36     (4) after the sale, the rail bank corridor will continue to 
 18.1   meet the future public and commercial transportation and 
 18.2   transmission needs of the state. 
 18.3      Proceeds from a sale shall be deposited in the rail bank 
 18.4   maintenance account described in subdivision 8. 
 18.5      Sec. 24.  Minnesota Statutes 1996, section 270.077, is 
 18.6   amended to read: 
 18.7      270.077 [TAXES CREDITED TO STATE AIRPORTS FUND CREATED.] 
 18.8      There is hereby created in the state treasury a fund to be 
 18.9   known as the state airports fund to which shall be credited the 
 18.10  proceeds of All taxes levied under sections 270.071 to 270.079 
 18.11  and all other moneys which may be deposited to the credit 
 18.12  thereof pursuant to any other provision of law.  All moneys in 
 18.13  the state airports fund are hereby appropriated to the 
 18.14  commissioner of transportation for the purpose of acquiring, 
 18.15  constructing, improving, maintaining, and operating airports and 
 18.16  other air navigation facilities for the state, and to assist 
 18.17  municipalities within the state in the acquisition, 
 18.18  construction, improvement, and maintenance of airports and other 
 18.19  air navigation facilities must be credited to the state airports 
 18.20  fund created in section 360.017. 
 18.21     Sec. 25.  Minnesota Statutes 1996, section 360.024, is 
 18.22  amended to read: 
 18.23     360.024 [AIR TRANSPORTATION SERVICES, COST REIMBURSEMENT 
 18.24  SERVICE CHARGES.] 
 18.25     The commissioner shall charge users of air transportation 
 18.26  services provided by the commissioner for all direct operating 
 18.27  costs, including salaries and acquisition of excluding pilot 
 18.28  salary and aircraft acquisition costs.  All receipts for these 
 18.29  services shall be deposited in the air transportation services 
 18.30  account in the state airports fund and are appropriated to the 
 18.31  commissioner to pay all these direct air service operating costs 
 18.32  , including salaries.  Receipts to cover the cost of acquisition 
 18.33  of aircraft must be transferred and credited to the account or 
 18.34  fund whose assets were used for the acquisition. 
 18.35     Sec. 26.  Minnesota Statutes 1996, section 574.26, 
 18.36  subdivision 1a, is amended to read: 
 19.1      Subd. 1a.  [EXEMPTION; EXEMPTIONS:  CERTAIN MANUFACTURERS; 
 19.2   COMMISSIONER OF TRANSPORTATION.] (a) Sections 574.26 to 574.32 
 19.3   do not apply to a manufacturer of public transit buses that 
 19.4   manufactures at least 100 public transit buses in a calendar 
 19.5   year.  For purposes of this section, "public transit bus" means 
 19.6   a motor vehicle designed to transport people, with a design 
 19.7   capacity for carrying more than 40 passengers, including the 
 19.8   driver.  The term "public transit bus" does not include a school 
 19.9   bus, as defined in section 169.01, subdivision 6. 
 19.10     (b) At the discretion of the commissioner of 
 19.11  transportation, sections 574.26 to 574.32 do not apply to any 
 19.12  projects of the department of transportation (1) costing less 
 19.13  than $75,000, or (2) involving the permanent or semipermanent 
 19.14  installation of heavy machinery, fixtures, or other capital 
 19.15  equipment to be used primarily for maintenance or repair. 
 19.16     Sec. 27.  [SALE OF TAX-FORFEITED LAND; HENNEPIN COUNTY.] 
 19.17     (a) Notwithstanding Minnesota Statutes, sections 92.45 and 
 19.18  282.018, subdivision 1, Hennepin county may sell to the 
 19.19  Minnesota department of transportation the tax-forfeited land 
 19.20  bordering public water that is described in paragraph (c). 
 19.21     (b) The conveyance must be in the form approved by the 
 19.22  attorney general. 
 19.23     (c) The land that may be conveyed is located in the city of 
 19.24  Champlin, Hennepin county and is described as:  That part of Lot 
 19.25  11, Block 5, Auditor's Subdivision No. 15, according to the plat 
 19.26  thereof on file and of record in the office of the County 
 19.27  Recorder in and for Hennepin County, Minnesota, lying south of a 
 19.28  line run parallel with and distant 43 feet north of the south 
 19.29  line of Government Lot 3, Section 19, Township 120 North, Range 
 19.30  21 West and lying east of a line run parallel with and distant 
 19.31  36.5 feet east of the west line of said Government Lot 3; 
 19.32     together with all right of access, being the right of 
 19.33  ingress to and egress from said Lot 11 to U.S. Highway No. 169 
 19.34  and Hayden Lake Road. 
 19.35     Subject to permanent easement for sanitary sewers granted 
 19.36  to the metropolitan council on March 2, 1995, by the Hennepin 
 20.1   county auditor.  Subject to easements of record. 
 20.2      Sec. 28.  [REPEALER.] 
 20.3      (a) Minnesota Statutes 1996, section 161.115, subdivision 
 20.4   57, is repealed. 
 20.5      (b) Minnesota Statutes 1996, section 161.115, subdivision 
 20.6   219, is repealed when the transfer of jurisdiction of a portion 
 20.7   of legislative route No. 288 agreed to by the commissioner of 
 20.8   transportation and the Anoka county board and a copy of the 
 20.9   agreement, signed by the commissioner and the chair of the Anoka 
 20.10  county board is filed in the office of the commissioner. 
 20.11     Sec. 29.  [INSTRUCTION TO THE REVISOR.] 
 20.12     (a) The revisor of statutes shall delete the route 
 20.13  identified in section 28 in the next publication of Minnesota 
 20.14  Statutes unless the commissioner of transportation informs the 
 20.15  revisor that the conditions required to transfer the route were 
 20.16  not satisfied. 
 20.17     (b) The revisor of statutes is directed to change the terms 
 20.18  "transportation regulation board," "board," "board's," "board or 
 20.19  commissioner," "commissioner or board," "board or the 
 20.20  commissioner," "commissioner or the board," "commissioner and 
 20.21  the board," "commissioner and board," "board and the 
 20.22  commissioner," "board and commissioner," "department and board," 
 20.23  "board or department," and "board and the department," when 
 20.24  referring to the transportation regulation board, to the term 
 20.25  "commissioner," "commissioner's," or "commissioner of 
 20.26  transportation," as appropriate, wherever those terms appear in 
 20.27  Minnesota Statutes, chapters 218, 219, and 222. 
 20.28     Sec. 30.  [TRUNK HIGHWAYS; EFFECTIVE DATES; INSTRUCTION TO 
 20.29  REVISOR.] 
 20.30     Subdivision 1.  [ROUTE NO. 126 DISCONTINUED; EFFECTIVE 
 20.31  DATE.] Section 28 is effective when the transfer of jurisdiction 
 20.32  of legislative Route No. 126 is agreed to by the commissioner of 
 20.33  transportation and Ramsey county and a copy of the agreement, 
 20.34  signed by the commissioner and the chair of the Ramsey county 
 20.35  board, has been filed in the office of the commissioner. 
 20.36     Subd. 2.  [DESCRIPTION OF ROUTE NO. 156 CHANGED; EFFECTIVE 
 21.1   DATE.] Section 12 is effective when the transfer of jurisdiction 
 21.2   of a portion of the old route is agreed to by the commissioner 
 21.3   of transportation and Hennepin county and a copy of the 
 21.4   agreement, signed by the commissioner and the chair of the 
 21.5   Hennepin county board, has been filed in the office of the 
 21.6   commissioner. 
 21.7      Subd. 3.  [INSTRUCTION TO REVISOR.] The revisor of statutes 
 21.8   shall delete the route identified in subdivision 1 and change 
 21.9   the description of the route identified in subdivision 2 in the 
 21.10  next publication of Minnesota Statutes unless the commissioner 
 21.11  of transportation informs the revisor that the conditions 
 21.12  required to transfer a particular route were not satisfied. 
 21.13     Sec. 31.  [EFFECTIVE DATE.] 
 21.14     Section 1 is effective the day following final enactment.  
 21.15  Sections 8 to 11 are effective July 1, 1999.  Sections 4 and 26 
 21.16  are effective July 1, 1998.