1st Engrossment - 82nd Legislature (2001 - 2002) Posted on 12/15/2009 12:00am
1.1 A bill for an act 1.2 relating to transportation; allowing commissioner of 1.3 transportation to acquire land to preserve 1.4 transportation corridors; modifying motor carrier 1.5 provisions to reduce certain regulatory obligations; 1.6 modifying budget reduction of department of 1.7 transportation construction district 1; requiring 1.8 commissioner to retain Stillwater Bridge project in 1.9 transportation improvement program; requiring 1.10 commissioner to prepare new signal agreement in city 1.11 of Anoka; allowing use of trunk highway funds for 1.12 certain transit operations; making clarifying changes; 1.13 amending Minnesota Statutes 2000, sections 161.20, 1.14 subdivision 2; 221.0252, subdivision 3; 221.0314, by 1.15 adding a subdivision; 221.0355, subdivisions 2, 3; 1.16 221.221, subdivision 4; 221.605, subdivision 1; 1.17 Minnesota Statutes 2001 Supplement, section 221.221, 1.18 subdivision 2; Laws 2001, First Special Session 1.19 chapter 8, article 1, section 2, subdivision 7; Laws 1.20 2001, First Special Session chapter 8, article 1, 1.21 section 8; repealing Minnesota Statutes 2000, section 1.22 221.0313. 1.23 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 1.24 Section 1. Minnesota Statutes 2000, section 161.20, 1.25 subdivision 2, is amended to read: 1.26 Subd. 2. [ACQUISITION OF PROPERTY; BUILDINGS; RELOCATION 1.27 OF CORNERS; AGREEMENTS WITH RAILROADS; CONTRACTS.] The 1.28 commissioner is authorized to acquire by purchase, gift, or by 1.29 eminent domain proceedings as provided by law, in fee or such 1.30 lesser estate as the commissioner deems necessary, all lands and 1.31 properties necessary in preserving future transportation 1.32 corridors; laying out, constructing, maintaining, and improving 1.33 the trunk highway system including recreational vehicle lanes; 1.34 to locate, construct, reconstruct, improve, and maintain the 2.1 trunk highway system; to purchase all road material, machinery, 2.2 tools, and supplies necessary for the construction, maintenance, 2.3 and improvement thereof; to construct necessary buildings, or 2.4 rent or acquire by purchase, gift, or condemnation, grounds, and 2.5 buildings necessary for the storing and housing of such 2.6 material, machinery, tools, and supplies or necessary for office 2.7 space for employees or for providing for driver's license 2.8 examinations; to maintain, repair, or remodel such buildings as 2.9 may be necessary; to acquire by purchase, gift, or condemnation, 2.10 replacement sites for historically significant buildings or 2.11 structures and to relocate these buildings or structures onto 2.12 those sites, reconstructing and maintaining them until disposed 2.13 of through public sale to the highest responsible bidder; to 2.14 make agreements with any county for the relocation or 2.15 reestablishment, by the county, of section, quarter section, or 2.16 meander corners originally established by the United States, 2.17 when such relocation or reestablishment is necessary in order to 2.18 write land acquisition descriptions or by reason of the 2.19 construction, reconstruction, improvement, or maintenance of a 2.20 trunk highway; to contract on an equitable basis with railroad 2.21 companies for the installation and reinstallation of safety 2.22 devices at trunk highway-railroad grade crossings, and for the 2.23 construction, reconstruction and maintenance of bridges and 2.24 approaches existing or necessary for the separation of grades at 2.25 railroad and trunk highway intersections; and in carrying out 2.26 duties, to let all necessary contracts in the manner prescribed 2.27 by law. The commissioner may make agreements with and cooperate 2.28 with any governmental authority for the purpose of effectuating 2.29 the provisions of this chapter. 2.30 Sec. 2. Minnesota Statutes 2000, section 221.0252, 2.31 subdivision 3, is amended to read: 2.32 Subd. 3. [AUDIT; INSPECTION.] (a) Within 90 days of 2.33 issuing a new certificate of registration to a carrier under 2.34 this section, and before issuing an annual renewal of a 2.35 certificate of registration, the commissioner shall: 2.36 (1) conduct an audit of the carrier's records; 3.1 (2) inspect the vehicles the carrier uses in its motor 3.2 carrier operation to determine if they comply with the federal 3.3 regulations incorporated in section 221.0314 or accept for 3.4 filing proof that a complete vehicle inspection was conducted 3.5 within the previous one year by a commercial vehicle inspector 3.6 of the department of public safety or an inspector certified by 3.7 the commissioner of public safety under section 169.781; 3.8 (3) verify that the carrier has a designated office in 3.9 Minnesota where the books and files necessary to conduct 3.10 business and the records required by this chapter are kept and 3.11shall bemade available for inspection by the commissioner; 3.12 (4) audit the carrier's drivers' criminal background and 3.13 safety records; and 3.14 (5) verify compliance with the insurance requirements of 3.15 section 221.141. 3.16 (b) To streamline the audit process and to reduce the 3.17 regulatory burden on carriers, the commissioner may reduce the 3.18 number of vehicle inspections and records audited under 3.19 paragraph (a) if the commissioner has sufficient information 3.20 from federal and state motor carrier safety data about a 3.21 carrier's operations to determine a carrier's safety fitness as 3.22 described in Code of Federal Regulations, title 49, section 3.23 385.7. At a minimum, the commissioner must conduct the record 3.24 audit in paragraph (a) once in four years. 3.25 (c) The commissioner and the commissioner of public safety 3.26 shall, through an interagency agreement, coordinate vehicle 3.27 inspection activities to avoid duplication of annual vehicle 3.28 inspections to minimize the burden of compliance on carriers and 3.29 to maximize the efficient use of state resources. 3.30 Sec. 3. Minnesota Statutes 2000, section 221.0314, is 3.31 amended by adding a subdivision to read: 3.32 Subd. 3b. [FEDERAL WAIVER, EXEMPTION.] Notwithstanding 3.33 subdivisions 3 and 3a, a Minnesota intrastate waiver is not 3.34 required in Minnesota intrastate commerce if that person holds a 3.35 valid interstate waiver or comparable document for physical 3.36 qualifications described in Code of Federal Regulations, title 4.1 49, section 391.41. 4.2 Sec. 4. Minnesota Statutes 2000, section 221.0355, 4.3 subdivision 2, is amended to read: 4.4 Subd. 2. [DEFINITIONS.] For purposes of this section, the 4.5 following words and phrases have the meanings given them in this 4.6 subdivision: 4.7 (a) "Base state" means the state selected by a carrier 4.8 according to the procedures established by the uniform program. 4.9 (b) "Base state agreement" means the agreement between 4.10 participating states electing to register or permit carriers of 4.11 hazardous material or hazardous waste. 4.12 (c) "Carrier" means a person who operates a motor vehicle 4.13 used to transport hazardous material or hazardous waste. 4.14 (d) "Designated hazardous material" means a hazardous 4.15 material described in Code of Federal Regulations, title 49, 4.16 section 107.601, which is incorporated by reference. 4.17 (e) "Hazardous material" means: 4.18 (1) a hazardous material when the hazardous material is of 4.19 a type or in a quantity that requires the transport vehicle to 4.20 be placarded in accordance with Code of Federal Regulations, 4.21 title 49, part 172; or 4.22 (2) a hazardous substance or marine pollutant when 4.23 transported in bulk packaging as defined in Code of Federal 4.24 Regulations, title 49, section 171.8, which is incorporated by 4.25 reference. 4.26 (f) "Hazardous material transportation" means the 4.27 transportation of hazardous material or hazardous waste, or 4.28 both, on the public highways. 4.29 (g) "Hazardous waste" means hazardous waste of a type and 4.30 amount that requires the shipment to be accompanied by a uniform 4.31 hazardous waste manifest described in Code of Federal 4.32 Regulations, title 40, part 262, including state-designated 4.33 hazardous wastes when a list of state-designated hazardous 4.34 wastes has been filed by the state with the national repository 4.35 under the uniform program. 4.36 (h) "Participating state" means a state electing to 5.1 participate in the uniform program by entering a base state 5.2 agreement. 5.3 (i) "Person" means an individual, firm, copartnership, 5.4 cooperative, company, association, limited liability company, 5.5 corporation, or public entity. 5.6 (j) "Public entity" means a carrier who is a federal or 5.7 state agency or political subdivision. 5.8 (k) "Shipper" means a person who offers a designated 5.9 hazardous material to another person for shipment or who causes 5.10 a designated hazardous material to be transported or shipped by 5.11 another person. 5.12 (l) "Uniform application" means the uniform motor carrier 5.13 registration and permit application form established under the 5.14 uniform program. 5.15 (m) "Uniform program" means the Uniform State Hazardous 5.16 Materials Transportation Motor Carrier Registration and Permit 5.17 Program established in the report submitted to the secretary of 5.18 transportation pursuant to the "Hazardous Materials 5.19 Transportation Uniform Safety Act of 1990," United States Code, 5.20 title 49 appendix, section 1819, subsection (c). 5.21 Sec. 5. Minnesota Statutes 2000, section 221.0355, 5.22 subdivision 3, is amended to read: 5.23 Subd. 3. [GENERAL REQUIREMENTS.] Except as provided in 5.24 subdivision 17, after October 1, 1994: 5.25 (a) No carrier, other than a public entity, may transport a 5.26 hazardous material by motor vehicle in Minnesota unless it has 5.27 complied with subdivision 4. 5.28 (b) No carrier, other than a public entity, may transport a 5.29 hazardous waste in Minnesota unless it has complied with 5.30 subdivisions 4 and 5. 5.31 (c) No shipper may offer a designated hazardous material 5.32 for shipment or cause a designated hazardous material to be 5.33 transported or shipped in Minnesota unless it has complied with 5.34 subdivision 7. 5.35 (d) No carrier, other than a public entity, may transport a 5.36 designated hazardous material by rail or water in Minnesota 6.1 unless it has complied with subdivision 7a. 6.2 (e) No public entity may transport a hazardous material or 6.3 hazardous waste by motor vehicle in Minnesota unless it has 6.4 complied with subdivision 8. 6.5 (f) A carrier registered under this section, who 6.6 exclusively offers designated materials for shipment only in 6.7 vehicles controlled or operated by that carrier and who does not 6.8 offer hazardous materials to other private or for-hire carriers, 6.9 is not required to register as a shipper under subdivision 7. 6.10 Sec. 6. Minnesota Statutes 2001 Supplement, section 6.11 221.221, subdivision 2, is amended to read: 6.12 Subd. 2. [ENFORCEMENT POWERS.] Transportation program 6.13 specialists and hazardous material program specialists of the 6.14 department, for the purpose of enforcingthe provisions of(1) 6.15 this chapter, sections 169.781 to 169.783 relating to commercial 6.16 vehicle inspections, and section 296A.27, subdivisions 6 and 12, 6.17 relating to motor carrier licenses and trip permits, (2) Code of 6.18 Federal Regulations, title 49, parts 40 and 382, and (3) the 6.19 applicable rules, orders, or directives of the commissioner of 6.20 transportation and the commissioner of revenue, issued under 6.21 this chapter and chapter 296A, but for no other purpose, have 6.22 the powers conferred by law upon police officers. The powers 6.23 include the authority to conduct inspections at designated 6.24 highway weigh stations or under other appropriate circumstances. 6.25 Sec. 7. Minnesota Statutes 2000, section 221.221, 6.26 subdivision 4, is amended to read: 6.27 Subd. 4. [DOCUMENT INSPECTION.] Records, log books, 6.28 certificates, licenses, shipping documents, or other papers or 6.29 documents required to determine compliance with this 6.30 chapterand, rules adopted under this chapter, and Code of 6.31 Federal Regulations, title 49, parts 40 and 382, must be 6.32 presented for inspection, upon request, to a peace officer or 6.33 police officer or other person empowered to enforcethe6.34provisions ofthis chapter. 6.35 Sec. 8. Minnesota Statutes 2000, section 221.605, 6.36 subdivision 1, is amended to read: 7.1 Subdivision 1. [FEDERAL REGULATIONS.] (a) Interstate 7.2 carriers and private carriers engaged in interstate commerce 7.3 shall comply with the federal motor carriersafetyregulations,7.4 in Code of Federal Regulations, title 49, parts 40, 382, 387, 7.5 and 390tothrough 398; with Code of Federal Regulations, title7.649, part 40;and with the rules of the commissioner concerning 7.7 inspections, vehicle and driver out-of-service restrictions and 7.8 requirements, and vehicle, driver, and equipment checklists. 7.9 For purposes of regulating commercial motor vehicles as defined 7.10 in section 169.781, subdivision 1, the exemption provided in 7.11 Code of Federal Regulations, title 49, section 396.11, paragraph 7.12 (d), applies in Minnesota only to driveaway-towaway operations. 7.13 (b) An interstate carrier or private carrier engaged in 7.14 interstate commerce who complies with federal regulations 7.15 governing testing for controlled substances and alcohol is 7.16 exempt from the requirements of sections 181.950 to 181.957 7.17 unless the carrier's drug testing program provides for testing 7.18 for controlled substances in addition to those listed in Code of 7.19 Federal Regulations, title 49, section40.21, paragraph7.20(a)40.85. Persons subject to this section may test for drugs, 7.21 in addition to those listed in Code of Federal Regulations, 7.22 title 49, section40.21, paragraph (a)40.85, only in accordance 7.23 with sections 181.950 to 181.957 and rules adopted under those 7.24 sections. 7.25 Sec. 9. Laws 2001, First Special Session chapter 8, 7.26 article 1, section 2, subdivision 7, is amended to read: 7.27 Subd. 7. State Roads 975,975,000 988,878,000 7.28 Summary by Fund 7.29 General 9,000 9,000 7.30 Trunk Highway 975,966,000 988,869,000 7.31 The amounts that may be spent from this 7.32 appropriation for each activity are as 7.33 follows: 7.34 (a) State Road Construction 7.35 564,707,000 564,707,000 7.36 It is estimated that these 7.37 appropriations will be funded as 7.38 follows: 8.1 Federal Highway Aid 8.2 275,000,000 300,000,000 8.3 Highway User Taxes 8.4 289,707,000 264,707,000 8.5 The commissioner of transportation 8.6 shall notify the chair of the 8.7 transportation budget division of the 8.8 senate and chair of the transportation 8.9 finance committee of the house of 8.10 representatives quarterly of any events 8.11 that should cause these estimates to 8.12 change. 8.13 This appropriation is for the actual 8.14 construction, reconstruction, and 8.15 improvement of trunk highways. This 8.16 includes the cost of actual payment to 8.17 landowners for lands acquired for 8.18 highway rights-of-way, payment to 8.19 lessees, interest subsidies, and 8.20 relocation expenses. 8.21 The commissioner may transfer up to 8.22 $15,000,000 each year to the 8.23 transportation revolving loan fund. 8.24 The commissioner may receive money 8.25 covering other shares of the cost of 8.26 partnership projects. These receipts 8.27 are appropriated to the commissioner 8.28 for these projects. 8.29 $1,000,000 the first year and 8.30 $1,000,000 the second year are for 8.31 trunk highway advantages to bus transit 8.32 in conjunction with highway 8.33 construction or reconstruction projects 8.34 in the commissioner's statewide 8.35 transportation improvement program. 8.36 For purposes of this appropriation, 8.37 "advantages to transit" includes 8.38 shoulder bus lanes, bus park-and-ride 8.39 facilities, and bus passenger waiting 8.40 facilities, but does not include (1) 8.41 any facility relating to light rail 8.42 transit or commuter rail or (2) bus 8.43 facilities or operating costs in a 8.44 light rail transit or commuter rail 8.45 corridor. 8.46 $5,000,000 the first year and 8.47 $5,000,000 the second year are for 8.48 acquisition of right-of-way for trunk 8.49 highway construction and reconstruction 8.50 projects in advance of final design 8.51 work for those projects. 8.52The commissioner may not spend any8.53money from the trunk highway fund to8.54pay the operating costs of bus service8.55intended solely or primarily to8.56mitigate the effects of trunk highway8.57construction projects.8.58 Until July 1, 2002, the commissioner 8.59 may not cancel, or remove from the 8.60 commissioner's statewide transportation 9.1 improvement program, the trunk highway 9.2 project that would construct a new 9.3 bridge across the St. Croix river at or 9.4 near the terminus of marked trunk 9.5 highway No. 36. 9.6 (b) Highway Debt Service 9.7 19,235,000 24,228,000 9.8 $9,235,000 the first year and 9.9 $14,228,000 the second year are for 9.10 transfer to the state bond fund. 9.11 If this appropriation is insufficient 9.12 to make all transfers required in the 9.13 year for which it is made, the 9.14 commissioner of finance shall notify 9.15 the committee on state government 9.16 finance of the senate and the committee 9.17 on ways and means of the house of 9.18 representatives of the amount of the 9.19 deficiency and shall then transfer that 9.20 amount under the statutory open 9.21 appropriation. 9.22 Any excess appropriation must be 9.23 canceled to the trunk highway fund. 9.24 (c) Research and Investment Management 9.25 12,187,000 12,211,000 9.26 $600,000 the first year and $600,000 9.27 the second year are available for 9.28 grants for transportation studies 9.29 outside the metropolitan area to 9.30 identify critical concerns, problems, 9.31 and issues. These grants are available 9.32 to (1) regional development 9.33 commissions, and (2) in regions where 9.34 no regional development commission is 9.35 functioning, joint powers boards 9.36 established under agreement of two or 9.37 more political subdivisions in the 9.38 region to exercise the planning 9.39 functions of a regional development 9.40 commission, and (3) in regions where no 9.41 regional development commission or 9.42 joint powers board is functioning, the 9.43 department's district office for that 9.44 region. 9.45 $266,000 the first year and $266,000 9.46 the second year are available for 9.47 grants to metropolitan planning 9.48 organizations outside the seven-county 9.49 metropolitan area, including the 9.50 Mankato area. 9.51 $200,000 the first year is for an 9.52 update of the statewide transportation 9.53 plan. This is a onetime appropriation 9.54 and may not be added to the agency's 9.55 budget base. 9.56 $75,000 the first year and $75,000 the 9.57 second year are for a transportation 9.58 research contingent account to finance 9.59 research projects that are reimbursable 9.60 from the federal government or from 10.1 other sources. If the appropriation 10.2 for either year is insufficient, the 10.3 appropriation for the other year is 10.4 available for it. 10.5 $100,000 in the first year is for a 10.6 study of the feasibility and 10.7 desirability of allowing all vehicles 10.8 to use lanes on marked interstate 10.9 highways No. 394 and No. 35W presently 10.10 restricted to high-occupancy vehicles 10.11 only. The commissioner shall determine 10.12 a time during which such use shall be 10.13 allowed, and take all necessary steps 10.14 to permit such use for the period of 10.15 the study. The commissioner shall 10.16 contract with an independent consultant 10.17 to study the effects of opening the 10.18 lanes to all vehicles on traffic flow, 10.19 traffic congestion, transit and 10.20 high-occupancy vehicle use, and highway 10.21 safety on interstate highways No. 394 10.22 and No. 35W and other affected 10.23 highways. The commissioner shall 10.24 report to the legislature on the 10.25 results of the study by February 1, 10.26 2002. The commissioner shall take no 10.27 actions with respect to this study that 10.28 would result in a loss of federal funds 10.29 to the state or significant delay to a 10.30 state or local transportation project 10.31 financed partly with federal funds. 10.32 (d) Central Engineering Services 10.33 65,031,000 66,338,000 10.34 (e) Design and Construction Engineering 10.35 89,335,000 91,046,000 10.36 $500,000 the first year is for 10.37 planning, environmental studies, and 10.38 preliminary engineering for major river 10.39 crossings, other than rail, on the 10.40 trunk highway system. 10.41 (f) State Road Operations 10.42 219,863,000 224,602,000 10.43 $2,750,000 the first year and 10.44 $2,750,000 the second year are for 10.45 facilities' maintenance. 10.46 $2,000,000 the first year and 10.47 $2,000,000 the second year are for 10.48 improved highway striping. 10.49 $3,000,000 the first year and 10.50 $3,000,000 the second year are for road 10.51 equipment and fabrication of auxiliary 10.52 equipment for snowplow trucks. 10.53 $875,000 the first year and $875,000 10.54 the second year are to support highway 10.55 signal and lighting maintenance 10.56 activities. 10.57 The commissioner shall spend all money 10.58 available to the department of 11.1 transportation under Public Law Number 11.2 105-206, section 164 (repeat offender 11.3 transfer program), for hazard 11.4 elimination activities under United 11.5 States Code, title 23, section 152, and 11.6 shall not transfer any part of these 11.7 funds to any other agency. 11.8 (g) Electronic Communications 11.9 5,617,000 5,746,000 11.10 Summary by Fund 11.11 General 9,000 9,000 11.12 Trunk Highway 5,608,000 5,737,000 11.13 $9,000 the first year and $9,000 the 11.14 second year are from the general fund 11.15 for equipment and operation of the 11.16 Roosevelt signal tower for Lake of the 11.17 Woods weather broadcasting. 11.18 Sec. 10. Laws 2001, First Special Session chapter 8, 11.19 article 1, section 8, is amended to read: 11.20 Sec. 8. [DEPARTMENT OF TRANSPORTATION DISTRICT 1 11.21 CONSTRUCTION BUDGET.] 11.22 The commissioner of transportation shall reduce the 11.23 construction budget of the department of transportation 11.24 construction district 1 by$35,000,000$24,700,000 over the 11.25 period from fiscal year 2003 through fiscal year 2007, in order 11.26 to repay the advance of highway construction funds in fiscal 11.27 years 2001 and 2002. The reduction in each year of the period 11.28 mustequal the cost of trunk highway construction projects that11.29were originally scheduled to be constructed during that year11.30that were constructed in fiscal year 2001 or 2002 insteadbe 11.31 approximately $5,000,000 until the funds advanced have been 11.32 repaid. 11.33 [EFFECTIVE DATE.] This section is effective the day 11.34 following final enactment. 11.35 Sec. 11. [ST. CROIX RIVER BRIDGE.] 11.36 Until July 1, 2003, the commissioner of transportation may 11.37 not cancel or remove from the commissioner's statewide 11.38 transportation improvement program, the trunk highway project 11.39 that would construct a new bridge across the St. Croix river at 11.40 or near the terminus of marked trunk highway No. 36. 11.41 Sec. 12. [TRUNK HIGHWAY NO. 169 RECONSTRUCTION; PEDESTRIAN 12.1 SIGNAL.] 12.2 Notwithstanding any other law, the commissioner of 12.3 transportation shall, as part of the reconstruction of marked 12.4 trunk highway No. 169 (Ferry Street) in the city of Anoka, 12.5 eliminate the traffic signal and crosswalk to be installed at 12.6 the East Frontage Road and shall install a pedestrian crosswalk 12.7 and signal at the location of the existing pedestrian crosswalk 12.8 between Benton and Fremont streets. 12.9 Sec. 13. [REPEALER.] 12.10 Minnesota Statutes 2000, section 221.0313, is repealed. 12.11 Sec. 14. [EFFECTIVE DATE.] 12.12 Section 12 is effective the day following final enactment.