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SF 2461

2nd Engrossment - 86th Legislature (2009 - 2010) Posted on 04/15/2010 11:58am

KEY: stricken = removed, old language.
underscored = added, new language.
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A bill for an act
relating to transportation; requiring the commissioner of transportation to
implement complete streets policy; requiring reports; amending Minnesota
Statutes 2008, sections 162.02, subdivision 3a; 162.09, subdivision 3a; proposing
coding for new law in Minnesota Statutes, chapter 174.

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

ARTICLE 1

IMPLEMENTATION

Section 1.

Minnesota Statutes 2008, section 162.02, subdivision 3a, is amended to read:


Subd. 3a.

Variances from rules and engineering standards.

new text begin(a) Subject to section
174.75, subdivision 6,
new text end the commissioner may grant variances from the rules and from the
engineering standards developed pursuant to section 162.021 or 162.07, subdivision 2. A
political subdivision in which a county state-aid highway is located or is proposed to be
located may submit a written request to the commissioner for a variance for that highway.

new text begin (b)new text end The commissioner shall publish notice of the request in the State Register and
give notice to all persons known to the commissioner to have an interest in the matter. The
commissioner may grant or deny the variance within 30 days of providing notice of the
request. If a written objection to the request is received within seven days of providing
notice, the variance shall be granted or denied only after a contested case hearing has been
held on the request. If no timely objection is received and the variance is denied without
hearing, the political subdivision may request, within 30 days of receiving notice of denial,
and shall be granted a contested case hearing.

new text begin (c) new text end For purposes of this subdivision, "political subdivision" includes (1) an agency of
a political subdivision which has jurisdiction over parks, and (2) a regional park authority.

Sec. 2.

Minnesota Statutes 2008, section 162.09, subdivision 3a, is amended to read:


Subd. 3a.

Variances from rules and engineering standards.

(a) new text beginSubject to section
174.75, subdivision 6,
new text end the commissioner may grant variances from the rules and from the
engineering standards developed pursuant to section 162.13, subdivision 2. A political
subdivision in which a municipal state-aid street is located or is proposed to be located
may submit a written request to the commissioner for a variance for that street.

(b) The commissioner shall publish notice of the request in the State Register and
give notice to all persons known to the commissioner to have an interest in the matter. The
commissioner may grant or deny the variance within 30 days of providing notice of the
request. If a written objection to the request is received within seven days of providing
notice, the variance shall be granted or denied only after a contested case hearing has been
held on the request. If no timely objection is received and the variance is denied without
hearing, the political subdivision may request, within 30 days of receiving notice of denial,
and shall be granted a contested case hearing.

(c) For purposes of this subdivision, "political subdivision" includes (1) an agency of
a political subdivision which has jurisdiction over parks, and (2) a regional park authority.

Sec. 3.

new text begin [174.75] COMPLETE STREETS.
new text end

new text begin Subdivision 1. new text end

new text begin Definition. new text end

new text begin "Complete streets" is the planning, scoping, design,
implementation, operation, and maintenance of roads in order to reasonably address the
safety and accessibility needs of users of all ages and abilities. Complete streets considers
the needs of motorists, pedestrians, transit users and vehicles, bicyclists, and commercial
and emergency vehicles moving along and across roads, intersections, and crossings in a
manner that is sensitive to the local context and recognizes that the needs vary in urban,
suburban, and rural settings.
new text end

new text begin Subd. 2. new text end

new text begin Application. new text end

new text begin Complete streets applies to every road construction,
reconstruction, or rehabilitation project funded partially or completely by the state.
new text end

new text begin Subd. 3. new text end

new text begin Implementation. new text end

new text begin The commissioner shall implement a complete streets
policy after consultation with stakeholders, state and regional agencies, local governments,
and road authorities. The commissioner, after such consultation, shall address relevant
protocols, guidance, standards, requirements, training, and shall integrate related
principles of context-sensitive solutions.
new text end

new text begin Subd. 4. new text end

new text begin Report. new text end

new text begin Beginning in 2011, the commissioner shall report on the
implementation of the complete streets policy in the agency's biennial budget submission
under section 174.02.
new text end

new text begin Subd. 5. new text end

new text begin Local road authorities. new text end

new text begin Local road authorities are encouraged, but not
required, to create and adopt complete streets policies for their roads that reflect local
context and goals. Nothing in this section may be construed to prohibit a local road
authority from adopting a complete streets policy that incorporates or exceeds statutory
complete streets principles.
new text end

new text begin Subd. 6. new text end

new text begin Variances from engineering standards. new text end

new text begin (a) When evaluating a request
for a variance from the engineering standards for state-aid projects under chapter 162 in
which the variance request is related to complete streets, the commissioner shall consider
the latest edition of:
new text end

new text begin (1) A Policy on Geometric Design of Highways and Streets, from the American
Association of State Highway and Transportation Officials; and
new text end

new text begin (2) for projects in urban areas, the Context Sensitive Solutions in Designing Major
Urban Thoroughfares for Walkable Communities, from the Institute of Transportation
Engineers.
new text end

new text begin (b) If the commissioner denies a variance request related to complete streets, the
commissioner shall provide written reasons for the denial to the political subdivision
that submitted the request.
new text end

ARTICLE 2

REPORTS

Section 1. new text beginCOMPLETE STREETS REPORTS.
new text end

new text begin The commissioner of transportation shall submit to the chairs and ranking minority
members of the house of representatives and senate committees with jurisdiction over
transportation policy and finance reports that:
new text end

new text begin (1) by January 15, 2011, summarize the department's complete streets initiatives,
summarize steps taken to expedite and improve the transparency of the state-aid variance
process related to complete streets, outline plans to develop and implement a complete
streets policy, and identify any statutory barriers to complete streets implementation;
new text end

new text begin (2) by January 15, 2012, summarize the results of the collaboration under Minnesota
Statutes, section 174.75, subdivision 3; identify modifications made to or recommended
for protocols, guidance, standards, or other requirements to facilitate complete streets
implementation; report status of development of complete streets performance indicators;
outline other work planned related to the complete streets policy; and identify statutory
recommendations to facilitate complete streets policy implementation; and
new text end

new text begin (3) by January 15, 2014, overview the department's implementation of complete
streets policy; note updates to protocols, guidance, standards, or requirements; identify
any recommendations for supporting local complete streets implementation under the
state-aid standards variance process; and identify statutory recommendations to facilitate
complete streets policy implementation.
new text end

new text begin The reports in clauses (1), (2), and (3) must be made available electronically and
made available in print only upon request.
new text end