SF 1513

2nd Engrossment - 86th Legislature (2009 - 2010) Posted on 02/09/2010 02:21am

A bill for an act
relating to highway construction; requiring road and transit authorities to mitigate
construction impacts on small businesses; creating construction mitigation grant
program; appropriating money; amending Minnesota Statutes 2008, section
160.16, by adding a subdivision; proposing coding for new law in Minnesota
Statutes, chapters 116J; 161.

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

Section 1.

new text begin [116J.432] CONSTRUCTION MITIGATION GRANT PROGRAM.
new text end

new text begin Subdivision 1. new text end

new text begin Purpose. new text end

new text begin The purpose of the construction mitigation grant program
is to mitigate the impacts of transportation construction on local small businesses, to
promote the retention of jobs in transportation construction areas, and to provide outreach
to the public and small businesses to minimize interruption to local commerce. The
Department of Transportation, Department of Employment and Economic Development,
and local government units shall work together to ensure that the recommendations
of the Department of Transportation's 2009 report to the legislature on transportation
construction impacts and any statutory changes resulting from the report recommendations
are applied when implementing the grant program.
new text end

new text begin Subd. 2. new text end

new text begin Establishment. new text end

new text begin The commissioner of employment and economic
development shall develop and implement a construction mitigation grant program to
make grants available to local government units to mitigate the impacts of transportation
construction on local small businesses.
new text end

new text begin Subd. 3. new text end

new text begin Definitions. new text end

new text begin For purposes of this section:
new text end

new text begin (1) "applicant" means a local government unit;
new text end

new text begin (2) "commissioner" means the commissioner of the Department of Employment and
Economic Development;
new text end

new text begin (3) "eligible transportation project entirely or partially funded by state or federal
funds" means a project that will affect one or more small businesses as a result of
transportation work because the work is anticipated to impair road access for a minimum
period of one month;
new text end

new text begin (4) "local government unit" means a county, statutory or home rule charter city,
town, special district, or other political subdivision;
new text end

new text begin (5) "project" has the meaning given it in section 161.2415; and
new text end

new text begin (6) "small business" means a business that employs ten or fewer employees and is
located in an area that is adjacent to an eligible project.
new text end

new text begin Subd. 4. new text end

new text begin Applications. new text end

new text begin A grant applicant shall prepare and submit to the
commissioner a written proposal detailing a construction mitigation plan and strategies
on how the applicant will implement the plan to meet the purpose of the grant program
as provided in subdivision 1. An applicant shall identify any nonstate funding sources
available to match state funds distributed under subdivision 5.
new text end

new text begin Subd. 5. new text end

new text begin Fund distribution. new text end

new text begin In distributing funds, the commissioner shall consider
the types of businesses affected by the eligible transportation project and shall balance
funding between eligible transportation projects within the seven-county metropolitan area
and eligible transportation projects outside of the seven-county metropolitan area.
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

Sec. 2.

Minnesota Statutes 2008, section 160.16, is amended by adding a subdivision
to read:

new text begin Subd. 4. new text end

new text begin Business signs. new text end

new text begin A road or transit authority, before entering into a contract
for construction, reconstruction, or improvement of a street or highway, shall identify any
business that will experience access, parking, or visibility impacts during construction.
The road or transit authority shall consult with affected businesses before and during
construction to plan signage that will mitigate adverse effects on businesses during
project construction.
new text end

Sec. 3.

new text begin [161.2415] MITIGATION OF TRANSPORTATION CONSTRUCTION
IMPACTS ON BUSINESS.
new text end

new text begin Subdivision 1. new text end

new text begin Definition. new text end

new text begin For the purposes of this section, "project" means road
work to maintain, construct, or improve a street or highway, or for a transit improvement,
if the work is anticipated by the road or transit authority to impair road access to one or
more business establishments for a minimum period of one month.
new text end

new text begin Subd. 2. new text end

new text begin Business liaison. new text end

new text begin (a) Before the beginning of project construction work,
the road or transit authority shall identify businesses that are adjacent to the construction
area or whose access to the business premises or parking will be impaired by the project
and designate an individual to serve as business liaison between the road or transit
authority and the affected businesses.
new text end

new text begin (b) The business liaison shall provide information to the identified businesses,
before and during construction, concerning project duration and timetables, lane and
road closures, detours, access impacts, customer parking impacts, visibility, noise, dust,
vibration, and public participation opportunities.
new text end

Sec. 4. new text begin FUNDING; APPROPRIATION.
new text end

new text begin Subdivision 1. new text end

new text begin Funding. new text end

new text begin To the extent that the commissioner receives funds from
the American Recovery and Reinvestment Act of 2009, Public Law 111-5, for the
purposes of Minnesota Statutes, section 116J.432, funding for the construction mitigation
grant program must be done through federal dollars. The commissioner of employment
and economic development is directed to determine whether federal dollars are available
for this purpose.
new text end

new text begin Subd. 2. new text end

new text begin Appropriation. new text end

new text begin $....... is appropriated from the general fund to the
commissioner of employment and economic development to implement a construction
mitigation grant program. This appropriation is only available if federal stimulus money is
not available. This appropriation is available until expended.
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