Minnesota Session Laws - 1994, Regular Session

                            CHAPTER 640-H.F.No. 3230 
                  An act relating to transportation; imposing surcharge 
                  for violation of state highway work zone speed limit; 
                  allowing commissioner of transportation to transfer 
                  money from state airports fund to hangar construction 
                  revolving account; allowing metropolitan council to 
                  make loans for major river crossing projects; 
                  requiring studies; appropriating money; amending 
                  Minnesota Statutes 1992, sections 169.14, subdivision 
                  5d; 360.305, subdivision 4; and 473.167, subdivision 2.
        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
           Section 1.  Minnesota Statutes 1992, section 169.14, 
        subdivision 5d, is amended to read: 
           Subd. 5d.  [SPEED ZONING IN WORK ZONES; SURCHARGE.] (a) The 
        commissioner, on trunk highways and temporary trunk highways, 
        and local authorities, on streets and highways under their 
        jurisdiction, may authorize the use of reduced maximum speed 
        limits in highway work zones.  The commissioner or local 
        authority is not required to conduct an engineering and traffic 
        investigation before authorizing a reduced speed limit in a 
        highway work zone. 
           (b) The minimum highway work zone speed limit is 20 miles 
        per hour.  The work zone speed limit must not reduce the 
        established speed limit on the affected street or highway by 
        more than 15 miles per hour, except that the highway work zone 
        speed limit shall not exceed 40 miles per hour.  Highway work 
        zone speed limits are effective on erection of appropriate 
        regulatory speed limit signs designating the beginning and end 
        of the affected work zone.  The signs must be removed or covered 
        when they are not required.  A speed greater than the posted 
        highway work zone speed limit is unlawful.  
           (c) For purposes of this subdivision, "highway work zone" 
        means a segment of highway or street where a road authority or 
        its agent is constructing, reconstructing, or maintaining the 
        physical structure of the roadway, its shoulders, or features 
        adjacent to the roadway, including underground and overhead 
        utilities and highway appurtenances. 
           (d) Notwithstanding section 609.0331 or 609.101 or other 
        law to the contrary, a person who violates a speed limit 
        established under paragraph (b) while on a trunk highway, or who 
        violates any other provision of this section or section 169.141 
        while in a highway work zone on a trunk highway, is assessed an 
        additional surcharge equal to the amount of the fine imposed for 
        the speed violation, but not less than $25.  The surcharge must 
        be deposited in the state treasury and credited to the general 
        fund. 
           Sec. 2.  Minnesota Statutes 1992, section 360.305, 
        subdivision 4, is amended to read: 
           Subd. 4.  (1) Except as otherwise provided in this 
        subdivision, the commissioner of transportation shall require as 
        a condition of assistance by the state that the political 
        subdivision, municipality, or public corporation make a 
        substantial contribution to the cost of the construction, 
        improvement, maintenance, or operation, these costs are referred 
        to as project costs, in connection with which the assistance of 
        the state is sought. 
           (2) For any airport, whether key, intermediate or landing 
        strip, where only state and local funds are to be used, the 
        contribution shall be not less than one-fifth of the sum of: 
           (a) the project costs, 
           (b) acquisition costs of the land and clear zones, 
        "acquisition costs." 
           Where federal, state and local funds are to be used, the 
        contribution shall not be less than one-tenth of the sum. 
           (3) The commissioner may pay the total cost of radio and 
        navigational aids. 
           (4) Notwithstanding clause (2), the commissioner may pay 
        all of the project costs of a new landing strip, but not an 
        intermediate airport or key airport, or may pay an amount equal 
        to the federal funds granted and used for a new landing strip 
        plus all of the remaining project costs; but the total amount 
        paid by the commissioner for the project costs of a new landing 
        strip, unless specifically authorized by an act appropriating 
        funds for the new landing strip, shall not exceed $200,000. 
           (5) Notwithstanding clause (2), the commissioner may pay 
        all the project costs for research and development projects, 
        including, but not limited to noise abatement; provided that in 
        no event shall the sums expended under this clause exceed five 
        percent of the amount appropriated for construction grants.  
           (6) To receive aid under this section for acquisition costs 
        the municipality must enter into an agreement with the 
        commissioner giving assurance that the airport will be operated 
        and maintained in a safe, serviceable manner for aeronautical 
        purposes only for the use and benefit of the public for a period 
        of 20 years after the date that the state funds are received by 
        the municipality.  The agreement may contain other conditions as 
        the commissioner deems reasonable. 
           (7) The commissioner shall establish a hangar construction 
        revolving account which shall be used for the purpose of 
        financing the construction of hangar buildings to be constructed 
        by municipalities owning airports.  All municipalities owning 
        airports are authorized to enter into contracts for the 
        construction of hangars, and contracts with the commissioner for 
        the financing of hangar construction for an amount and period of 
        time as may be determined by the commissioner and municipality.  
        All receipts from the financing contracts shall be deposited in 
        the hangar construction revolving account and are reappropriated 
        for the purpose of financing construction of hangar buildings.  
        The commissioner may pay from the hangar construction revolving 
        account 80 percent of the cost of financing construction of 
        hangar buildings.  For purposes of this clause, the 
        "construction" of hangars shall include their design.  The 
        commissioner shall transfer up to $4,100,000 from the state 
        airports fund to the hangar construction revolving account. 
           (8) The commissioner may pay a portion of the purchase 
        price of any airport maintenance and safety equipment and of the 
        actual airport snow removal costs incurred by any municipality.  
        The portion to be paid by the state shall not exceed two-thirds 
        of the cost of the purchase price or snow removal.  To receive 
        aid a municipality must enter into an agreement of the type 
        referred to in clause (6). 
           (9) This subdivision shall apply only to project costs or 
        acquisition costs of municipally owned airports which are 
        incurred after June 1, 1971. 
           Sec. 3.  Minnesota Statutes 1992, section 473.167, 
        subdivision 2, is amended to read: 
           Subd. 2.  [LOANS FOR ACQUISITION.] The council may make 
        loans to counties, towns, and statutory and home rule charter 
        cities within the metropolitan area for the purchase of property 
        within the right-of-way of a state trunk highway shown on an 
        official map adopted pursuant to section 394.361 or 462.359 or 
        for the purchase of property within the proposed right-of-way of 
        a principal or intermediate arterial highway designated by the 
        council as a part of the metropolitan highway system plan and 
        approved by the council pursuant to subdivision 1.  The loans 
        shall be made by the council, from the fund established pursuant 
        to this subdivision, for purchases approved by the council.  The 
        loans shall bear no interest.  The council shall make loans 
        only:  (1) to accelerate the acquisition of primarily 
        undeveloped property when there is a reasonable probability that 
        the property will increase in value before highway construction, 
        and to update an expired environmental impact statement on a 
        project for which the right-of-way is being purchased; or (2) to 
        avert the imminent conversion or the granting of approvals which 
        would allow the conversion of property to uses which would 
        jeopardize its availability for highway construction; or (3) to 
        advance planning and environmental activities on highest 
        priority major metropolitan river crossing projects, under the 
        transportation development guide chapter/policy plan.  The 
        council shall not make loans for the purchase of property at a 
        price which exceeds the fair market value of the property or 
        which includes the costs of relocating or moving persons or 
        property.  A private property owner may elect to receive the 
        purchase price either in a lump sum or in not more than four 
        annual installments without interest on the deferred 
        installments.  If the purchase agreement provides for 
        installment payments, the council shall make the loan in 
        installments corresponding to those in the purchase agreement.  
        The recipient of an acquisition loan shall convey the property 
        for the construction of the highway at the same price which the 
        recipient paid for the property.  The price may include the 
        costs of preparing environmental documents that were required 
        for the acquisition and that were paid for with money that the 
        recipient received from the loan fund.  Upon notification by the 
        council that the plan to construct the highway has been 
        abandoned or the anticipated location of the highway changed, 
        the recipient shall sell the property at market value in 
        accordance with the procedures required for the disposition of 
        the property.  All rents and other money received because of the 
        recipient's ownership of the property and all proceeds from the 
        conveyance or sale of the property shall be paid to the 
        council.  If a recipient is not permitted to include in the 
        conveyance price the cost of preparing environmental documents 
        that were required for the acquisition, then the recipient is 
        not required to repay the council an amount equal to 40 percent 
        of the money received from the loan fund and spent in preparing 
        the environmental documents.  The proceeds of the tax authorized 
        by subdivision 3, all money paid to the council by recipients of 
        loans, and all interest on the proceeds and payments shall be 
        maintained as a separate fund.  For administration of the loan 
        program, the council may expend from the fund each year an 
        amount no greater than three percent of the amount of the 
        authorized levy for that year. 
           Sec. 4.  [ELECTRIC VEHICLE TECHNOLOGY STUDY; 
        APPROPRIATION.] 
           (a) The commissioner of transportation shall study, 
        evaluate, and test road powered electric vehicle (RPEV) 
        technology under the Saints Road Project in St. Cloud, 
        Minnesota, in coordination with the St. Cloud Area Metropolitan 
        Transit Commission.  The commissioner shall make findings and 
        recommendations to the transportation committees of the 
        Minnesota senate and house of representatives specifically 
        discussing:  RPEV enhancement to and cost comparisons for 
        electric trolley bus applications, particularly regarding light 
        rail transit; RPEV application as an intermodal system at the 
        Minneapolis-St. Paul airport to replace the diesel truck 
        passenger carrier operating between the terminal and car rental 
        agencies; snow and ice removal testing and evaluation; and 
        safety testing of the RPEV technology under consideration at the 
        Saints Road Project.  
           (b) $200,000 is appropriated from the trunk highway fund 
        for fiscal year 1995 to the commissioner of transportation to 
        study electric vehicle technology and to pay for the costs, not 
        to exceed ten percent of this appropriation, of the office of 
        transit of the department of transportation to oversee the 
        project.  The commissioner shall disburse money from this 
        appropriation on a two-for-one matching basis, seeking federal 
        funding as well as local matching money.  
           Sec. 5.  [HIGH-SPEED RAIL CORRIDOR STUDY; APPROPRIATION.] 
           (a) The commissioner of transportation shall initiate a 
        phase-II feasibility study of high-speed rail service in 
        Minnesota, Wisconsin, and Illinois along the southern corridor 
        identified in the tri-state study of high-speed rail service.  
        The commissioner shall seek federal matching funds and 
        contributions from nonpublic sources to finance the study.  The 
        commissioner may enter into agreements with the states of 
        Wisconsin and Illinois to cooperate in financing and performing 
        the study. 
           (b) The study outline must be agreed upon by the 
        participating states and federal government and must include: 
           (1) collection of original and comprehensive 
        origin-destination data; 
           (2) a comprehensive assessment of alternative technologies; 
           (3) engineering and environmental analysis, including route 
        evaluations within the corridor, crossings, infrastructure 
        needs, intermodal connections, and potential station locations; 
           (4) comprehensive financial and economic analysis; 
           (5) analysis of potential public-private partnerships; and 
           (6) an implementation plan and program for design and 
        construction of a high-speed rail system. 
           (c) $630,000 is appropriated from the general fund to the 
        commissioner of transportation for the purposes of the phase-II 
        high-speed rail study under this section.  This appropriation is 
        contingent upon the state of Wisconsin paying $500,000 and 
        receipt of federal matching money for the study. 
           Sec. 6.  [APPROPRIATION; JOB SKILLS PARTNERSHIP.] 
           $250,000 is appropriated to the Minnesota job skills 
        partnership board for the purpose of funding the development and 
        implementation of a program by the city of St. Paul which 
        connects the economic development activities of the St. Paul 
        Port Authority with the city of St. Paul's employment and job 
        development programs.  This employment connection program shall 
        be administered by the port authority consistent with and 
        subject to the program requirements of the Minnesota job skills 
        partnership program.  The appropriation is available until 
        expended.\H* (Section 6 was vetoed by the governor.)\h 
           Sec. 7.  [APPROPRIATION; STATE ROAD CONSTRUCTION.] 
           $15,000,000 is appropriated from the trunk highway fund to 
        the commissioner of transportation for state road construction 
        in fiscal year 1995 and is added to the appropriation in Laws 
        1993, chapter 266, section 2, subdivision 7, clause (a). 
           Sec. 8.  [APPROPRIATION; STATE ROAD OPERATIONS.] 
           $5,500,000 is appropriated for fiscal year 1995 from the 
        trunk highway fund to the commissioner of transportation for 
        state road operations and is added to the appropriation in Laws 
        1993, chapter 266, section 2, subdivision 9.\H* (Section 8 was\h 
        \Hvetoed by the governor.)\h 
           Sec. 9.  [APPROPRIATION; WORK ZONE SAFETY.] 
           $25,000 is appropriated in fiscal year 1995 from the 
        general fund to the commissioner of transportation for highway 
        work zone safety management and public education efforts to 
        increase public awareness of highway work zone safety. 
           Sec. 10.  [EFFECTIVE DATE.] 
           Sections 1 and 9 are effective July 1, 1994. 
           Presented to the governor May 6, 1994 
           Signed by the governor May 10, 1994, 5:45 p.m.