language to be deleted (2) new language
Laws of Minnesota 1989 CHAPTER 299-S.F.No. 738 An act relating to transportation; providing for special permits for vehicles transporting pole-length pulpwood; setting a fee; providing for payment of costs for improving or establishing railroad grade crossings; clarifying source and providing for expenditures of rail service improvement funds; authorizing commissioner of transportation to enter into contracts for rail service improvement and to use federal funds; clarifying purposes of regional rail authorities; amending Minnesota Statutes 1988, sections 169.86, subdivision 5; 219.071, subdivision 2; 219.072; 222.49; 222.50, subdivisions 4, 5, and 7; 222.63, subdivision 8; and 398A.02; proposing coding for new law in Minnesota Statutes, chapter 169; repealing Minnesota Statutes 1988, section 222.50, subdivision 8. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: Section 1. Minnesota Statutes 1988, section 169.86, subdivision 5, is amended to read: Subd. 5. [FEES.] The commissioner, with respect to highways under the commissioner's jurisdiction, may charge a fee for each permit issued. All such fees for permits issued by the commissioner of transportation shall be deposited in the state treasury and credited to the trunk highway fund. Except for those annual permits for which the permit fees are specified elsewhere in this chapter, the fees shall be: (a) $15 for each single trip permit. (b) $36 for each job permit. A job permit may be issued for like loads carried on a specific route for a period not to exceed two months. "Like loads" means loads of the same product, weight and dimension. (c) $60 for an annual permit to be issued for a period not to exceed 12 consecutive months. Annual permits may be issued for: (1) refuse compactor vehicles that carry a gross weight up to but not in excess of 22,000 pounds on a single rear axle and not in excess of 38,000 pounds on a tandem rear axle; (2) motor vehicles used to alleviate a temporary crisis adversely affecting the safety or well-being of the public; (3) motor vehicles which travel on interstate highways and carry loads authorized under subdivision 1a; (4) motor vehicles operating with gross weights authorized under section 169.825, subdivision 11, paragraph (a), clause (3); and (5) special pulpwood vehicles described in section 2. (d) $120 for an oversize annual permit to be issued for a period not to exceed 12 consecutive months. Annual permits may be issued for: (1) truck cranes; (2) construction equipment, machinery, and supplies; (3) manufactured homes; (4) farm equipment when the movement is not made according to the provisions of section 169.80, subdivision 1, paragraphs (a) to (f); (5) double-deck buses; (6) commercial boat hauling. (e) for vehicles which have axle weights exceeding the weight limitations of section 169.825, an additional cost added to the fees listed above. The additional cost is equal to the product of the distance traveled times the sum of the overweight axle group cost factors shown in the following chart: Overweight Axle Group Cost Factors Weight (pounds) Cost Per Mile For Each Group Of: exceeding Two consec- Three consec- Four consec- weight limi- utive axles utive axles utive axles tations on spaced within spaced within spaced with- axles 8 feet or 9 feet or in 14 feet less less or less 0-2,000 .100 .040 .036 2,001-4,000 .124 .050 .044 4,001-6,000 .150 .062 .050 6,001-8,000 Not permitted .078 .056 8,001-10,000 Not permitted .094 .070 10,001-12,000 Not permitted .116 .078 12,001-14,000 Not permitted .140 .094 14,001-16,000 Not permitted .168 .106 16,001-18,000 Not permitted .200 .128 18,001-20,000 Not permitted Not permitted .140 20,001-22,000 Not permitted Not permitted .168 The amounts added are rounded to the nearest cent for each axle or axle group. The additional cost does not apply to paragraph (c), clauses (1) and (3). (f) As an alternative to paragraph (e), an annual permit may be issued for overweight, or oversize and overweight, construction equipment, machinery, and supplies. The fees for the permit are as follows: Gross Weight (pounds) of vehicle Annual Permit Fee 90,000 or less $200 90,001 - 100,000 $300 100,001 - 110,000 $400 110,001 - 120,000 $500 120,001 - 130,000 $600 130,001 - 140,000 $700 140,001 - 145,000 $800 If the gross weight of the vehicle is more than 145,000 pounds the permit fee is determined under paragraph (e). (g) for vehicles which exceed the width limitations set forth in section 169.80 by more than 72 inches, an additional cost equal to $120 added to the amount in paragraph (a) when the permit is issued while seasonal load restrictions pursuant to section 169.87 are in effect. Sec. 2. [169.863] [SPECIAL PULPWOOD VEHICLE PERMIT.] Subdivision 1. [SPECIAL VEHICLE.] The commissioner may issue a permit for a vehicle that meets the following requirements: (a) There must be no more than two support points for the vehicle or for each vehicle of a vehicle combination. The support point of each axle group must be capable of distributing the load equally to each axle of the group with a variance of no more than 3,000 pounds between any two axles of the group. (b) The maximum wheel load may not exceed the tire manufacturer's recommended load or the following weight limits, whichever is less: (1) front steering axles, 550 pounds per inch; (2) other single axles, 500 pounds per inch; (3) tandem axles, 450 pounds per inch; and (4) tridem or quad axle groups, 425 pounds per inch. (c) The axle group weights must comply with the limitations of section 169.825, subdivision 10. (d) The vehicle may not be equipped with a variable load axle, unless the variable load axle cannot be operated from the cab of the vehicle. (e) The vehicle transports pole-length pulpwood, carries a gross vehicle weight of not more than 82,000 pounds, and has six axles. Subd. 2. [PERMIT RESTRICTIONS.] A vehicle operating under a permit issued under this section may not travel on an interstate highway. The permit does not authorize the vehicle to exceed allowable gross weights that restrict travel on a highway or bridge under the authority of the commissioner or a local road authority. Sec. 3. Minnesota Statutes 1988, section 219.071, subdivision 2, is amended to read: Subd. 2. [PAYMENT OF COSTS.] If a grade-crossing surface, as defined in section 219.16, needs improvement, repair or maintenance, the cost for the improvement, repair or maintenance may be paid jointly by the owner or lessee of the track, the road authority having jurisdiction over the public highway involved and funds available to the department for grade-crossing surfaces from the following sources: (1) money appropriated to the department in the future for the purposes of this section; (2) available federal funds allocated for the grade-crossing program established by this section; and (3) money acquired by the department by gift, grant, or contribution from any source for purposes of this section. Sec. 4. Minnesota Statutes 1988, section 219.072, is amended to read: 219.072 [ESTABLISHMENT OF NEW GRADE CROSSINGS.] The establishment of all new grade crossings must be approved by the commissioner. When establishment of a new grade crossing is desired, either by the public officials having the necessary authority or by the railroad company, and the public officials and the railroad company cannot agree as to need, location, or type of warning devices required, either party may file a petition with the commissioner setting forth the facts and submitting the matter for determination. The commissioner, after notice as the commissioner deems reasonable, shall conduct a hearing and issue an order determining the matters submitted. If the commissioner approves the establishment of a new grade crossing, the commissioner may in the same order direct that the costs, including the costs of the type of warning devices required, be divided between the railroad company and the public authority involved as the parties may agree, or, if they fail to agree, then as determined by the commissioner on the basis of benefit to the users of each. However, the commissioner may defer determination of the division of costs to a subsequent order to be made on the basis of evidence previously taken. Sec. 5. Minnesota Statutes 1988, section 222.49, is amended to read: 222.49 [RAIL SERVICE IMPROVEMENT ACCOUNT.] The rail service improvement account is created in the special revenue fund in the state treasury. The commissioner shall deposit in this account all money appropriated to or received by the department for the purpose of rail service improvement, including bond proceeds as authorized by Article XI, Section 5, Clause (i) of the Minnesota Constitution
and federal money, but excluding proceeds of state bonds or other funds appropriated to the commissioner from the state transportation fund for the acquisition or betterment of property pertaining to the state rail bank established by section 222.63, and excluding income of the state rail bank and any other funds appropriated for its maintenance or improvement. All money so deposited is appropriated to the department for expenditure for rail service improvement in accordance with applicable state and federal law. This appropriation shall not lapse but shall be available until the purpose for which it was appropriated has been accomplished. No money appropriated to the department for the purposes of administering the rail service improvement program shall be deposited in the rail service improvement account nor shall such administrative costs be paid from the account. Sec. 6. Minnesota Statutes 1988, section 222.50, subdivision 4, is amended to read: Subd. 4. The commissioner may negotiate and enter into contracts for the purpose of rail line rehabilitation and for the purpose of assisting in the payment of up to 50 percent of the nonfederal share of a rehabilitation project underservice improvement and may incorporate funds available from the federal rail service continuation program. The participants in these contracts shall be railroads, rail users and the department, and may be political subdivisions of the state and the federal government. In such contracts, participation by all parties shall be voluntary. The commissioner may provide a portion of the money required to carry out the terms of any such contract by expenditure from the rail service improvement account. Sec. 7. Minnesota Statutes 1988, section 222.50, subdivision 5, is amended to read: Subd. 5. In making any contract pursuant to subdivision 4 the commissioner may: (a) Stipulate minimum operating standards for rail lines designed to achieve reasonable transportation service for shippers and to achieve best use of funds invested in rail line rehabilitation; (b) Require a portion of the total assistance for improving a rail line to be loaned to the railroad by rail users and require the railroad to reimburse rail users for any loan on the basis of use of the line and the revenues produced when the line has been improved; and (c) Determine the terms and conditions under which all or any portion of state funds allocated shall be repaid to the department by the railroads. Reimbursement may be made as a portion of the increased revenue derived from the improved rail line. Any reimbursement received by the department pursuant to this clause shall be deposited in the rail service improvement account and shall be appropriated exclusively for rehabilitating other rail lines in the state pursuant to subdivision 4 ; and. (d) Require, in lieu of reimbursement as provided in clause (c) of this subdivision, that the railroad establish and maintain a separate railroad fund to be used exclusively for rehabilitation of other rail lines in Minnesota, to which a portion of the increase in revenue derived from the improved rail line shall be credited. The terms and conditions for use of money in the fund shall be stipulated in the contract. The contract shall also stipulate a penalty for use of such money in a manner other than as set forth in the contract and require the railroad to report to the department at such times as the commissioner requires, concerning the disbursement of money from the fund and the general status of rail line improvements.Sec. 8. Minnesota Statutes 1988, section 222.50, subdivision 7, is amended to read: Subd. 7. The commissioner may expend money from the rail service improvement account for the following purposes: (a) To pay interest adjustments on loans guaranteed under the state rail user loan guarantee program; (b) To pay a portion of the costs of capital improvement projects designed to improve rail service including construction or improvement of short segments of rail line such as side track, team track and connections between existing lines, and construction and improvement of loading, unloading, storage and transfer facilities of a rail user; (c) To acquire, maintain, manage and dispose of railroad right-of-way pursuant to subdivision 8 andthe state rail bank program; (d) To provide for aerial photography survey of proposed and abandoned railroad tracks for the purpose of recording and reestablishing by analytical triangulation the existing alignment of the inplace track; or (e) To pay a portion of the costs of acquiring a rail line by a regional railroad authority established pursuant to chapter 398A. All money derived by the commissioner from the disposition of railroad right-of-way or of any other property acquired pursuant to sections 222.46 to 222.62 shall be deposited in the rail service improvement account. Sec. 9. Minnesota Statutes 1988, section 222.63, subdivision 8, is amended to read: Subd. 8. [RAIL BANK MAINTENANCE AND IMPROVEMENT ACCOUNTS.] A special accountsaccount shall be maintained in the state treasury, designated as the rail bank maintenance account and the rail bank improvement account, to record the receipts and expenditures of the commissioner of transportation for the maintenance and for the acquisition and bettermentof rail bank property. Expenditures of proceeds of state transportation bonds and any other amounts appropriated to the commissioner from the state transportation fund shall be recorded in the improvement account.Funds received by the commissioner of transportation from rentals, fees, or charges for the use of rail bank property shall be credited to the maintenance account and used for the maintenance of that property and held as a reserve for maintenance expenses in an amount determined by the commissioner, and amounts received in the maintenance account in excess of the reserve requirements shall be transferred to the rail service improvement account. All proceeds of the sale of abandoned rail lines shall be deposited in the rail service improvement account. The improvement account shall be used only for the acquisition and betterment of abandoned rail lines and right-of-way.All money to be deposited in those accountsthis rail service improvement account as provided in this subdivision is appropriated to the commissioner of transportation for the purposes of this section. The appropriations shall not lapse but shall be available until the purposes for which the funds are appropriated are accomplished. Sec. 10. Minnesota Statutes 1988, section 398A.02, is amended to read: 398A.02 [PURPOSE.] The purpose of the regional railroad authorities act is to provide a means whereby one or more municipalities, with state and federal aids as may be available, may provide for the preservation and improvement of local rail service for agriculture, industry, or passenger traffic and provide for the preservation of abandoned rail right-of-way for future transportation uses, when determined to be practicable and necessary for the public welfare, particularly in the case of abandonment of local rail lines. Sec. 11. [REPEALER.] Minnesota Statutes 1988, section 222.50, subdivision 8, is repealed. Presented to the governor May 26, 1989 Signed by the governor May 26, 1989, 5:49 p.m.