HF 543

as introduced - 87th Legislature (2011 - 2012) Posted on 02/17/2011 09:53am

A bill for an act
relating to transportation; establishing priority of roads and bridges; establishing
requirements governing federal aid for rail guideways; proposing coding for new
law in Minnesota Statutes, chapter 174.

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

Section 1.

new text begin [174.035] PRIORITY OF ROADS AND BRIDGES; FEDERAL AID.
new text end

new text begin Subdivision 1. new text end

new text begin Definitions. new text end

new text begin (a) For purposes of this section, the following terms
have the meanings given them:
new text end

new text begin (1) "rail guideway" has the meaning given to "guideway" under section 174.93,
subdivision 1, except that the term excludes bus rapid transit; and
new text end

new text begin (2) "roadway performance targets" means those performance measures established
under section 174.03, subdivisions 1a and 1c, and under the department's Annual
Minnesota Transportation Performance Report, in which (i) the commissioner of
transportation has identified a specific target or goal; and (ii) the measure pertains to
roadway and bridge safety, infrastructure preservation, maintenance, mobility, and project
accountability.
new text end

new text begin (b) For purposes of this section:
new text end

new text begin (1) "federal assistance on a rail guideway" applies to capital and operating assistance,
applies to an existing rail guideway and development or expansion of a rail guideway,
and includes but is not limited to system or corridor planning, project planning, feasibility
study, alternatives analysis, environmental analysis, project scoping, design, preliminary
engineering, final engineering, construction, and maintenance activities; and
new text end

new text begin (2) "state agency" includes the metropolitan council, the Office of the Attorney
General, and the Office of the Governor.
new text end

new text begin Subd. 2. new text end

new text begin Priority of highway system; restrictions on federal aid. new text end

new text begin (a) Unless the
commissioner of transportation certifies, as provided in subdivision 3, that all roadway
performance targets have been met or exceeded:
new text end

new text begin (1) a state agency may not apply for or accept federal funds for federal assistance
on a rail guideway;
new text end

new text begin (2) a state agency may not enter into a memorandum of understanding or agreement
that primarily relates to federal assistance on a rail guideway; and
new text end

new text begin (3) a political subdivision, including but not limited to a county, statutory or home
rule charter city, joint powers board, or regional railroad authority, may not enter into a
memorandum of understanding or agreement that primarily relates to federal assistance on
a rail guideway if the memorandum or agreement includes, or otherwise anticipates at
some future time, financial assistance from any state source of funds.
new text end

new text begin (b) Paragraph (a) applies notwithstanding sections 161.36; 174.634, paragraph (a);
174.636, paragraph (a); 174.88, subdivision 1; and 473.3997.
new text end

new text begin Subd. 3. new text end

new text begin Certification. new text end

new text begin (a) In conjunction with adoption of each report or plan
containing roadway performance targets, the commissioner of transportation shall certify
the scores for each of the roadway performance targets to the governor and to the chairs
and ranking minority members of the house of representatives and senate committees with
jurisdiction over transportation policy and finance, including a finding of whether all
roadway performance targets have been met or exceeded.
new text end

new text begin (b) If a certification under paragraph (a) includes a finding that all roadway
performance targets have been met or exceeded, then the certification is valid for purposes
of subdivision 2 for a period of one fiscal year, beginning the first July 1 following the
date of the certification.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end