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SF 3161

as introduced - 86th Legislature (2009 - 2010) Posted on 03/09/2010 03:14pm

KEY: stricken = removed, old language.
underscored = added, new language.
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A bill for an act
 relating to transportation; appropriating money or reducing appropriations for
certain transportation, Metropolitan Council, and public safety activities or
programs; modifying provisions relating to transportation projects, contracts,
and a highway emergency relief account; repealing provisions regulating the
transportation of hazardous materials; amending Minnesota Statutes 2008,
sections 161.04, by adding a subdivision; 161.3426, subdivision 3, by adding
a subdivision; 174.02, by adding subdivisions; repealing Minnesota Statutes
2008, sections 13.721, subdivision 4; 221.0355, subdivisions 1, 2, 3, 4, 5, 6, 7,
7a, 8, 9, 10, 11, 12, 13, 14, 16, 17, 18.

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

ARTICLE 1

TRANSPORTATION APPROPRIATIONS

Section 1. new text begin SUMMARY OF APPROPRIATIONS.
new text end

new text begin The amounts shown in this section summarize direct appropriations, by fund, made
in this article.
 new text end

new text begin 2010
 new text end 		new text begin 2011
 new text end 		new text begin Total
 new text end
new text begin General
 new text end 		new text begin $
 new text end 		new text begin (1,733,000)
 new text end 		new text begin $
 new text end 		new text begin (2,670,000)
 new text end 		new text begin $
 new text end 		new text begin (4,403,000)
 new text end
new text begin State Airports
 new text end 		new text begin (140,000)
 new text end 		new text begin (212,000)
 new text end 		new text begin (352,000)
 new text end
new text begin Trunk Highway
 new text end 		new text begin -0-
 new text end 		new text begin 109,000,000
 new text end 		new text begin 109,000,000
 new text end
new text begin Total
 new text end 		new text begin $
 new text end 		new text begin (1,873,000)
 new text end 		new text begin $
 new text end 		new text begin 106,118,000
 new text end 		new text begin $
 new text end 		new text begin 104,245,000
 new text end

Sec. 2. new text begin APPROPRIATIONS.new text end

new text begin The sums shown in the columns marked "Appropriations" are added to or, if shown
in parentheses, subtracted from the appropriations in Laws 2009, chapter 36, article 1, to
the agencies and for the purposes specified in this article. The appropriations are from the
general fund, or another named fund, and are available for the fiscal years indicated for
each purpose. The figures "2010" and "2011" used in this article mean that the addition to
or subtraction from the appropriations listed under them are available for the fiscal year
ending June 30, 2010, or June 30, 2011, respectively. Supplemental appropriations and
reductions to appropriations for the fiscal year ending June 30, 2010, are effective the
day following final enactment.
 new text end

new text begin APPROPRIATIONS
 new text end
new text begin Available for the Year
 new text end
new text begin Ending June 30
 new text end
new text begin 2010
 new text end 		new text begin 2011
 new text end

Sec. 3. new text begin DEPARTMENT OF
TRANSPORTATION
new text end

new text begin Subdivision 1. new text end

new text begin Total Appropriation
 new text end

new text begin $
 new text end 		new text begin (811,000)
 new text end 		new text begin $
 new text end 		new text begin 108,318,000
 new text end
new text begin Appropriations by Fund
 new text end
new text begin General
 new text end 		new text begin (671,000)
 new text end 		new text begin (470,000)
 new text end
new text begin State Airports
 new text end 		new text begin (140,000)
 new text end 		new text begin (212,000)
 new text end
new text begin Trunk Highway
 new text end 		new text begin -0-
 new text end 		new text begin 109,000,000
 new text end

new text begin The amounts that may be spent for each
purpose are specified in the following
subdivisions.
 new text end

new text begin Subd. 2. new text end

new text begin State Road Construction
 new text end

new text begin -0-
 new text end 		new text begin 104,000,000
 new text end

new text begin $104,000,000 in fiscal year 2011 is
appropriated to the commissioner of
transportation from the trunk highway
fund for state road construction. This
appropriation is added to appropriations
under Laws 2009, chapter 36, article 1,
section 3, subdivision 3, paragraph (b),
clause (2). This additional appropriation is
funded by additional federal highway aid
of $104,000,000 above that specified in
Laws 2009, chapter 36, article 1, section 3,
subdivision 3, paragraph (b), clause (2). This
is a onetime appropriation.
 new text end

new text begin Subd. 3. new text end

new text begin Federal Emergency Relief Account
 new text end

new text begin -0-
 new text end 		new text begin 5,000,000
 new text end

new text begin $5,000,000 in fiscal year 2011 is transferred
from the trunk highway fund to the trunk
highway emergency relief account and
is appropriated to the commissioner of
transportation for the purposes of that
account.
 new text end

new text begin Subd. 4. new text end

new text begin Multimodal Systems
 new text end

new text begin (a) Aeronautics
 new text end 		new text begin (140,000)
 new text end 		new text begin (212,000)
 new text end
new text begin Appropriations by Fund
 new text end
new text begin Airports
 new text end 		new text begin (140,000)
 new text end 		new text begin (212,000)
 new text end

new text begin Aviation Support and Services. A reduction
of $140,000 in fiscal year 2010 is made to
Aviation Support and Services, and must
be transferred from the airports fund to the
general fund before June 30, 2010.
 new text end

new text begin A reduction of $212,000 in fiscal year 2011 is
made to Aviation Support and Services, and
must be transferred from the airports fund to
the general fund before June 30, 2011.
 new text end

new text begin (b) Transit
 new text end 		new text begin (462,000)
 new text end 		new text begin (345,000)
 new text end
new text begin Appropriations by Fund
 new text end
new text begin General
 new text end 		new text begin (462,000)
 new text end 		new text begin (345,000)
 new text end

new text begin The base for nonmetro transit grants in 2012
is $16,598,000.
 new text end

new text begin (c) Freight
 new text end 		new text begin (125,000)
 new text end 		new text begin (125,000)
 new text end
new text begin Appropriations by Fund
 new text end
new text begin General
 new text end 		new text begin (125,000)
 new text end 		new text begin (125,000)
 new text end

new text begin This reduction is from the hazardous
materials registration program.
 new text end

new text begin Subd. 5. new text end

new text begin Urban Partnership Reduction
 new text end

new text begin (84,000)
 new text end 		new text begin -0-
 new text end
new text begin Appropriations by Fund
 new text end
new text begin General
 new text end 		new text begin (84,000)
 new text end 		new text begin -0-
 new text end

new text begin This is a onetime reduction from the
appropriation in Laws 2008, chapter 179,
section 16, subdivision 3.
 new text end

new text begin Subd. 6. new text end

new text begin Transfers
 new text end

new text begin Notwithstanding any law to the contrary,
by June 30, 2010, the commissioner shall
transfer $265,000 from accounts in the
special revenue fund to the general fund.
 new text end

new text begin After July 1, 2010, and before June 30, 2011,
the commissioner shall transfer $376,000
from accounts in the special revenue fund to
the general fund.
 new text end

Sec. 4. new text begin DEPARTMENT OF PUBLIC SAFETY
new text end

new text begin $
 new text end 		new text begin -0-
 new text end 		new text begin $
 new text end 		new text begin (82,000)
 new text end
new text begin Appropriations by Fund
 new text end
new text begin General
 new text end 		new text begin -0-
 new text end 		new text begin (82,000)
 new text end

new text begin This appropriation reduction is to the
information technology budget in the
technical support services budget activity
of the administration and related services
program. This reduction is permanent.
 new text end

Sec. 5. new text begin METROPOLITAN COUNCIL
new text end

new text begin $
 new text end 		new text begin (1,062,000)
 new text end 		new text begin $
 new text end 		new text begin (2,118,000)
 new text end
new text begin Appropriations by Fund
 new text end
new text begin General
 new text end 		new text begin (1,062,000)
 new text end 		new text begin (2,118,000)
 new text end

new text begin These reductions are to the bus transit
appropriations in Laws 2009, chapter
36, article 1, section 4, subdivision 2.
To the extent possible, the council shall
reduce administrative costs to achieve the
reductions. This reduction is permanent.
 new text end

ARTICLE 2

TRANSPORTATION POLICY

Section 1.

Minnesota Statutes 2008, section 161.04, is amended by adding a
subdivision to read:


new text begin Subd. 5. new text end

new text begin Trunk highway emergency relief account. new text end

new text begin (a) The trunk highway
emergency relief account is created in the trunk highway fund. Money in the account
is appropriated to the commissioner to be used to fund relief activities related to an
emergency, as defined in section 161.32, subdivision 3.
 new text end

new text begin (b) Reimbursements by the Federal Highway Administration for emergency relief
payments made from the trunk highway emergency relief account must be deposited
into the account. Interest accrued on the account must be deposited into the account.
Notwithstanding section 16A.28, money appropriated to the account for this program from
any source is available until spent. If the balance of the account at the end of the fiscal
year is greater than $10,000,000, the amount above $10,000,000 must be transferred to
the trunk highway fund.
 new text end

new text begin (c) By September 1, 2012, and in every subsequent even-numbered year by
September 1, the commissioner shall submit a report to the chairs and ranking minority
members of the house of representatives and senate committees having jurisdiction over
transportation policy and finance. The report must include the balance, as well as details
of payments made from and deposits made to the trunk highway emergency relief account
since the last report.
 new text end

Sec. 2.

Minnesota Statutes 2008, section 161.3426, subdivision 3, is amended to read:


Subd. 3.

Stipulated fee.

The commissioner shall award a stipulated fee not less than
two-tenths of one percent of the department's estimated cost of design and construction
to eachnew text begin unsuccessfulnew text end short-listed, responsible proposer who deleted text begin provides a responsive
but unsuccessful proposaldeleted text end new text begin obtains the minimum technical proposal score established
by the commissioner in the RFPnew text end . If the commissioner does not award a contract, all
short-listed proposers must receive the stipulated fee. If the commissioner cancels the
contract before reviewing the technical proposals, the commissioner shall award each
design-builder on the short list a stipulated fee of not less than two-tenths of one percent
of the commissioner's estimated cost of design and construction. The commissioner shall
pay the stipulated fee to each proposer within 90 days after the award of the contract or
the decision not to award a contract. In consideration for paying the stipulated fee, the
commissioner may use any ideas or information contained in the proposals in connection
with any contract awarded for the project or in connection with a subsequent procurement,
without any obligation to pay any additional compensation to the unsuccessful proposers.
Notwithstanding the other provisions of this subdivision, an unsuccessful short-list
proposer may elect to waive the stipulated fee. If an unsuccessful short-list proposer
elects to waive the stipulated fee, the commissioner may not use ideas and information
contained in that proposer's proposal. Upon the request of the commissioner, a proposer
who waived a stipulated fee may withdraw the waiver, in which case the commissioner
shall pay the stipulated fee to the proposer and thereafter may use ideas and information in
the proposer's proposal.

Sec. 3.

Minnesota Statutes 2008, section 161.3426, is amended by adding a subdivision
to read:


new text begin Subd. 6. new text end

new text begin Reissue of RFP. new text end

new text begin If the commissioner rejects all bids or does not execute
the contract, the commissioner may reissue the RFP and allow only short-listed teams
to resubmit proposals. The commissioner shall then pay a reasonable stipulated fee to
each unsuccessful short-listed, responsible proposer who obtains the minimum technical
proposal score established by the commissioner in the reissued RFP.
 new text end

Sec. 4.

Minnesota Statutes 2008, section 174.02, is amended by adding a subdivision
to read:


new text begin Subd. 8. new text end

new text begin Alternative financing and investment in transportation projects.
 new text end

new text begin The commissioner may enter into agreements with governmental or nongovernmental
entities, including private and nonprofit entities, to finance or invest in transportation
projects, including repayment agreements subject to the availability of state money or
other dedicated revenue or resources, with the approval of the commissioner of Minnesota
Management and Budget.
 new text end

Sec. 5.

Minnesota Statutes 2008, section 174.02, is amended by adding a subdivision
to read:


new text begin Subd. 9. new text end

new text begin Federal financial program authority. new text end

new text begin The commissioner may apply
for and receive financial assistance under the Transportation Infrastructure Finance and
Innovation Act of 1998 (TIFIA), United States Code, title 23, chapter 6, or through other
federal transportation loan, grant, or credit assistance programs. The assistance may
include but is not limited to loans, loan guarantees, and lines of credit. The commissioner
may enter into agreements to repay the financial assistance subject to the availability of
state money or other dedicated revenue or resources, with the approval of Minnesota
Management and Budget.
 new text end

Sec. 6. new text begin REPEALER.
new text end

new text begin Minnesota Statutes 2008, sections 13.721, subdivision 4; and 221.0355, subdivisions
1, 2, 3, 4, 5, 6, 7, 7a, 8, 9, 10, 11, 12, 13, 14, 16, 17, and 18, new text end new text begin are repealed.
 new text end