Office of the Revisor of Statutes
Minnesota Session Laws - 1999, Regular Session
Key: (1) language to be deleted (2) new language
CHAPTER 230-S.F.No. 1762
An act relating to transportation; modifying state
contract requirements; allowing department of
transportation to contract for land surveying;
clarifying requirements for notaries and filing
corrections to maps and plats relating to highways;
providing for transfer of certain revolving loan
accounts to transportation revolving loan fund;
correcting trunk highway route description; modifying
filing requirements for highway route location orders;
increasing dollar amount for contracts negotiated by
commissioner of transportation for highway
construction or maintenance work; modifying provisions
for estimates and agency costs relating to county
state-aid highway and municipal state-aid street
funds; abolishing provision that restricted evidence
of use of headgear by motorcyclist to only the
question of damages for head injuries; authorizing
commissioner of transportation to determine dates for
seasonal load restrictions; modifying provision
requiring certification for disbursement from state
transportation fund; requiring commissioner of
transportation to be responsible for design,
construction, and operation of commuter rail;
establishing design approval process for commuter
rail; creating commuter rail corridor coordinating
committee; changing period of hours of service
exemption for drivers transporting sugar beets;
requiring petroleum tank truck driver to be at least
18 years old; authorizing commissioner to convey
excess rail bank corridor land to state agency or
political subdivision; modifying provisions governing
state grants for local airports; restricting liability
related to land acquired by municipality for highway
purposes; modifying powers and duties of counties with
respect to light rail and commuter rail transit
planning; modifying deadlines for metropolitan transit
performance evaluation reports by metropolitan
council; establishing priority order for light rail
transit construction; requiring metropolitan council
to develop regional master plan for transit; making
technical corrections; appropriating money; amending
Minnesota Statutes 1998, sections 16C.05, subdivision
2; 16C.09; 160.085, subdivisions 1 and 1a; 161.04,
subdivision 3, and by adding a subdivision; 161.115,
subdivision 164; 161.16, subdivision 2; 161.32,
subdivision 2; 162.06, subdivisions 1, 2, and 6;
162.12, subdivisions 1, 2, and 5; 169.87, subdivision
2; 174.02, by adding a subdivision; 174.50,
subdivision 5; 221.0314, subdivision 9a; 221.033, by
adding a subdivision; 222.63, subdivision 4; 360.0151,
subdivision 2; 360.032, subdivision 1a; 360.305,
subdivision 4; 398A.04, subdivisions 1, 2, and 9;
446A.085, subdivisions 3 and 6; 466.03, by adding a
subdivision; 473.1466; 473.399; 473.3993, subdivision
3; and 473.3994, subdivisions 3, 4, and 10; Laws 1998,
chapter 404, section 17, subdivision 3; proposing
coding for new law in Minnesota Statutes, chapter 174;
repealing Minnesota Statutes 1998, sections 169.832,
subdivision 13; 169.974, subdivision 6; 473.3994,
subdivision 12; and 473.3998.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
Section 1. Minnesota Statutes 1998, section 16C.05,
subdivision 2, is amended to read:
Subd. 2. [CREATION AND VALIDITY OF CONTRACTS.] (a) A
contract is not valid and the state is not bound by it unless:
(1) it has first been executed by the head of the agency or
a delegate who is a party to the contract;
(2) it has been approved by the commissioner;
(3) it has been approved by the attorney general or a
delegate as to form and execution;
(4) the accounting system shows an obligation in an expense
budget or encumbrance for the amount of the contract liability;
and
(5) the combined contract and amendments shall not exceed
five years, without specific, written approval by the
commissioner according to established policy, procedures, and
standards, or unless otherwise provided for by law. The term of
the original contract must not exceed two years unless the
commissioner determines that a longer duration is in the best
interest of the state.
(b) Grants, interagency agreements, purchase orders, and
annual plans need not, in the discretion of the commissioner and
attorney general, require the signature of the commissioner
and/or the attorney general.
(c) A fully executed copy of every contract must be kept on
file at the contracting agency.
Sec. 2. Minnesota Statutes 1998, section 16C.09, is
amended to read:
16C.09 [PROCEDURE FOR SERVICE CONTRACTS.]
(a) Before entering into or approving a service contract,
the commissioner must determine, at least, that:
(1) no current state employee is able and available to
perform the services called for by the contract;
(2) the work to be performed under the contract is
necessary to the agency's achievement of its statutory
responsibilities and there is statutory authority to enter into
the contract;
(3) the contract will not establish an employment
relationship between the state or the agency and any persons
performing under the contract;
(4) the contractor and agents are not employees of the
state;
(5) the contracting agency has specified a satisfactory
method of evaluating and using the results of the work to be
performed; and
(6) the combined contract and amendments will not exceed
five years, without specific, written approval by the
commissioner according to established policy, procedures, and
standards, or unless otherwise provided for by law. The term of
the original contract must not exceed two years, unless the
commissioner determines that a longer duration is in the best
interest of the state.
(b) For purposes of paragraph (a), clause (1), employees
are available if qualified and:
(i) (1) are already doing the work in question; or
(ii) (2) are on layoff status in classes that can do the
work in question.
An employee is not available if the employee is doing other
work, is retired, or has decided not to do the work in question.
Sec. 3. Minnesota Statutes 1998, section 160.085,
subdivision 1, is amended to read:
Subdivision 1. [RECORDING MAP OR PLAT; CERTIFICATION.] (a)
In order to facilitate the acquisition of right-of-way required
for highways, state and county road authorities may file for
record in the office of the county recorder or registrar of
titles in the county in which right-of-way is to be acquired,
such orders or resolutions, as required by law, in the form of
maps or plats showing right-of-way by course distance, bearing
and arc length, and other rights or interests in land to be
acquired as the road authority determines necessary. Said map
or plat shall show by outline all tracts or parcels of land
affected by the proposed acquisition.
(b) The map or plat, as to trunk highways, shall be
certified by the commissioner of transportation or the
commissioner's designated assistant and any by a licensed land
surveyor in the employ of the state as to trunk highways.
(c) The map or plat shall be certified as to county
state-aid highways and county highways by the chair of the
county board or the county engineer or the engineer's designated
assistant, and by a licensed land surveyor in the employ of the
county.
(d) The map or plat so certified is entitled to record
without compliance with the provisions of chapter 505. Neither
a witness nor an acknowledgment is required for a map or plat
certified under this subdivision. Any amendments,
alterations, corrections, rescissions or vacations of such
orders, resolutions, maps or plats so filed shall be entitled to
record in like manner. The recorder or registrar may make
suitable notations on the appropriate map or plat affected by an
amendment, alteration, correction, rescission or vacation to
direct the attention of anyone examining the record to the
proper map or plat.
Sec. 4. Minnesota Statutes 1998, section 160.085,
subdivision 1a, is amended to read:
Subd. 1a. [AMENDING RECORDED MAP OR PLAT.] If an error on
a map or plat incorrectly defines the intended acquisition, but
does not affect any rights of interest to be acquired, a
certificate may be prepared stating what the defect is, what the
correct information is, and which map or plat the certificate
affects. The certificate shall be signed by a licensed land
surveyor in the employ of the state or county. The certificate
shall be filed for record in the office of the county recorder
or registrar of titles in the county where the map or plat is
filed. When so filed the certificate shall amend the map or
plat. The recorder or registrar may make suitable notations on
the map or plat to which the certificate refers to direct the
attention of anyone examining the map or plat to the record of
the certificate.
Sec. 5. Minnesota Statutes 1998, section 161.04,
subdivision 3, is amended to read:
Subd. 3. [TRUNK HIGHWAY REVOLVING LOAN ACCOUNT.] A trunk
highway revolving loan account is created in the trunk highway
fund transportation revolving loan fund under section 446A.085.
The commissioner may transfer money from the trunk highway fund
to the trunk highway revolving loan account. Money in the
account may be used to make loans. Funds in the trunk highway
revolving loan account may not be used for any toll facilities
project or congestion-pricing project and may be used only for
trunk highway purposes and repayments and interest from loans of
those funds must be credited to the trunk highway revolving loan
account in the trunk highway transportation revolving loan
fund. Money in the trunk highway revolving loan account is
annually appropriated to the commissioner and does not lapse.
Interest earned from investment of money in this account must be
deposited in the trunk highway revolving loan account.
Sec. 6. Minnesota Statutes 1998, section 161.04, is
amended by adding a subdivision to read:
Subd. 4. [LOANS FOR TRUNK HIGHWAY PROJECTS.] Loans from
the transportation revolving loan fund to the commissioner for
trunk highway projects must be deposited in the trunk highway
fund. Loan proceeds are appropriated annually to the
commissioner and do not lapse. Principal and interest payments
on the loan proceeds must be paid from the debt service account
and are considered a long-term obligation of the trunk highway
fund.
Sec. 7. Minnesota Statutes 1998, section 161.115,
subdivision 164, is amended to read:
Subd. 164. [ROUTE NO. 233.] Beginning at a point in
Section 35, Township 135 North, Range 26 28 West; thence
extending in a general southerly direction to a point on Route
No. 18 at or near Brainerd.
Sec. 8. Minnesota Statutes 1998, section 161.16,
subdivision 2, is amended to read:
Subd. 2. [DESIGNATION AND LOCATION BY ORDER.] The
commissioner shall by order or orders designate such temporary
trunk highways, and on determining the definite location of any
trunk highway or portion thereof, the same shall also be
designated by order or orders. The definite location of such
highway or portion thereof may be in the form of a map or plat
showing the lands and interests in lands required for trunk
highway purposes. Formal determination or order if by map or
plat, shall be certified by the commissioner of transportation
on said map or plat. The commissioner may, by similar order or
orders, change the definite location of any trunk highway
between the fixed termini, as fixed by law, when such changes
are necessary in the interest of safety and convenient public
travel. The commissioner shall file certified copies of such
orders with the county auditor of the county wherein such
highways are located. Such certified copies shall become
maintain a file of these orders as permanent records and shall
not be removed from the office or offices wherein filed.
Sec. 9. Minnesota Statutes 1998, section 161.32,
subdivision 2, is amended to read:
Subd. 2. [DIRECT NEGOTIATION.] In cases where the
estimated cost of construction work or maintenance work does not
exceed $75,000 $150,000, the commissioner may enter into a
contract for the work by direct negotiation, by obtaining two or
more quotations for the work, and without advertising for bids
or otherwise complying with the requirements of competitive
bidding if the total contractual obligation of the state for the
directly negotiated contract or contracts on any single project
does not exceed $75,000 $150,000. All quotations obtained shall
be kept on file for a period of at least one year after receipt
of the quotation.
Sec. 10. Minnesota Statutes 1998, section 162.06,
subdivision 1, is amended to read:
Subdivision 1. [ESTIMATE.] On or before the second Tuesday
of January By December 15 of each year the commissioner shall
estimate the probable sum amount of money that will accrue be
available to the county state-aid highway fund during the first
six months of each that fiscal year ending June 30. To such
estimated amounts the commissioner shall add the sum of money
already accrued in the county state-aid highway fund for the
last preceding six-month period ending December 31 of each year,
adjusted to reflect the amount by which The amount available
must be based on actual receipts for the preceding January 1 to
June 30 were different from estimated receipts from July 1
through November 30, the unallocated fund balance, and the
projected receipts for the remainder of the fiscal year. The
total of such sums available, except for deductions to be first
made as provided herein, shall be apportioned by the
commissioner to the several counties as hereinafter provided.
Sec. 11. Minnesota Statutes 1998, section 162.06,
subdivision 2, is amended to read:
Subd. 2. [ADMINISTRATIVE COSTS OF DEPARTMENT.] From the
total of such sums the commissioner shall deduct A sum equal
to of 1-1/2 percent of the total sum. The sum so deducted shall
be set aside in a separate account and shall be deducted from
the total amount available in the county state-aid highway fund,
set aside in a separate account, and used for administrative
costs incurred by the state transportation department in
carrying out the provisions relating to the county state-aid
highway system. On the 31st day of December of each year any
money remaining in the account not needed for administrative
costs shall be transferred to the county state-aid highway fund.
Sec. 12. Minnesota Statutes 1998, section 162.06,
subdivision 6, is amended to read:
Subd. 6. [COUNTY STATE-AID HIGHWAY REVOLVING LOAN
ACCOUNT.] A county state-aid highway revolving loan account is
created in the county state-aid highway transportation revolving
loan fund. The commissioner may transfer to the account the
amount allocated under section 162.065. Money in the account
may be used to make loans. Funds in the county state-aid
highway revolving loan account may be used only for aid in the
construction, improvement, and maintenance of county state-aid
highways. Funds in the account may not be used for any toll
facilities project or congestion-pricing project. Repayments
and interest from loans from the county state-aid highway
revolving loan account must be credited to that account. Money
in the account is annually appropriated to the commissioner and
does not lapse. Interest earned from investment of money in
this account must be deposited in the county state-aid highway
revolving loan account.
Sec. 13. Minnesota Statutes 1998, section 162.12,
subdivision 1, is amended to read:
Subdivision 1. [ESTIMATE OF ACCRUALS.] On or before the
second Tuesday of January By December 15 of each year the
commissioner shall estimate the probable sum amount of money
that will accrue be available to the municipal state-aid street
fund during the first six months of each year ending June
30 that fiscal year. To the estimated amount the commissioner
shall add the sum of money already accrued in the municipal
state-aid street fund for the last preceding six-month period
ending December 31, adjusted to reflect the amount by which The
amount available is based on actual receipts for the preceding
January 1 to June 30 were different from estimated receipts from
July 1 through November 30, the unallocated fund balance, and
the projected receipts for the remainder of the fiscal year.
The total of such sums available, except for deductions to be
first made as provided herein, shall be apportioned by the
commissioner to the cities having a population of 5,000 or more
as hereinafter provided.
Sec. 14. Minnesota Statutes 1998, section 162.12,
subdivision 2, is amended to read:
Subd. 2. [ADMINISTRATIVE COSTS OF DEPARTMENT.] From the
total of such sums the commissioner, each year, shall deduct A
sum of money equal to one and one-half 1-1/2 percent of the
total sums. The sum so shall be deducted shall be from the
total available in the municipal state-aid street fund, set
aside in a separate account, and shall be used for
administration costs incurred by the state transportation
department in carrying out the provisions relating to the
municipal state-aid street system. On the 31st day of December
of each year, any money remaining in the account not needed for
administrative costs shall be transferred to the municipal
state-aid street fund.
Sec. 15. Minnesota Statutes 1998, section 162.12,
subdivision 5, is amended to read:
Subd. 5. [MUNICIPAL STATE-AID STREET REVOLVING LOAN
ACCOUNT.] A municipal state-aid street revolving loan account is
created in the municipal state-aid street transportation
revolving loan fund. The commissioner may transfer to the
account the amount allocated under section 162.125. Money in
the account may be used to make loans. Funds in the municipal
state-aid street revolving loan account may be used only for aid
in the construction, improvement, and maintenance of municipal
state-aid streets. Funds in the account may not be used for any
toll facilities project or congestion-pricing project.
Repayments and interest from loans from the municipal state-aid
street revolving loan account must be credited to that account.
Money in the account is annually appropriated to the
commissioner and does not lapse. Interest earned from
investment of money in this account must be deposited in the
municipal state-aid street revolving loan account.
Sec. 16. Minnesota Statutes 1998, section 169.87,
subdivision 2, is amended to read:
Subd. 2. [SEASONAL LOAD RESTRICTIONS.] Except for portland
cement concrete roads, from March 20 to May 15 of between the
dates set by the commissioner of transportation each year, the
weight on any single axle shall not exceed five tons on a county
or highway, town road, or city street that has not been
restricted as provided in subdivision 1. The gross weight on
consecutive axles shall not exceed the gross weight allowed in
section 169.825 multiplied by a factor of five divided by nine.
This reduction shall not apply to the gross vehicle weight.
Sec. 17. Minnesota Statutes 1998, section 174.02, is
amended by adding a subdivision to read:
Subd. 7. [LOANS TO COMMISSIONER.] The commissioner of
transportation may apply for and receive loans, as defined in
section 446A.085, subdivision 1, paragraph (d), from the
transportation revolving loan fund created in section 446A.085,
and may enter into agreements for the repayments of the loans.
Sec. 18. Minnesota Statutes 1998, section 174.50,
subdivision 5, is amended to read:
Subd. 5. [CERTIFICATION AND DISBURSAL FOR PROJECT OF
POLITICAL SUBDIVISION.] Before disbursement of an appropriation
made from the fund to the commissioner of transportation for
grants to subdivisions of the state, the commissioner shall
certify to the commissioner of finance:
(1) that the project for which the grant is made has been
reviewed as provided in subdivision 4;
(2) that the project conforms to the program authorized by
the appropriation law and rules adopted by the department of
transportation consistent therewith; and
(3) that the financing of any estimated cost of the project
in excess of the amount of the grant is assured by the
appropriation of the proceeds of bonds or other funds of the
subdivision, or by a grant from an agency of the federal
government, within the amount of funds then appropriated to that
agency and allocated by it to projects within the state, and by
an irrevocable undertaking, in a resolution of the governing
body of the subdivision, to use all funds so made available
exclusively for the project, and to pay any additional amount by
which the cost exceeds the estimate through appropriation to the
construction fund of additional funds or the proceeds of
additional bonds to be issued by the subdivision.
Sec. 19. [174.80] [DEFINITIONS.]
Subdivision 1. [TERMS.] For the purposes of sections
174.80 to 174.90, the terms defined in this section have the
meanings given them.
Subd. 2. [ADVANCED CORRIDOR PLAN.] "Advanced corridor plan"
means a commuter rail plan that:
(1) contains a physical design component that identifies
the physical design of facilities, including:
(i) location, length, and termini of routes;
(ii) maintenance facility locations;
(iii) safety improvements;
(iv) station locations and design; and
(v) related park and ride, parking, and other
transportation facilities;
(2) specifies track and signal improvements;
(3) addresses handicapped access;
(4) specifies intermodal coordination and connections with
bus and light rail transit operation and routes;
(5) projects ridership, capital costs, operating costs, and
revenues;
(6) identifies sources of funds for operating subsidies and
funding for final design, construction, and operation;
(7) describes an implementation method;
(8) describes a plan for public involvement and public
information;
(9) defines anticipated agreements with the railroads; and
(10) addresses land use impacts.
The preliminary design plan may include the draft environmental
impact statement for the proposed commuter rail facilities.
Subd. 3. [PRELIMINARY ENGINEERING PLAN.] "Preliminary
engineering plan" means a commuter rail plan that includes those
items in the advanced corridor plan that relate to facilities
proposed for construction, but with additional detail and
specificity in satisfaction of applicable environmental
requirements.
Subd. 4. [FINAL DESIGN PLAN.] "Final design plan" means a
commuter rail plan that includes the items in the advanced
corridor plan and the preliminary engineering plan, but with
additional detail and specificity as needed for construction and
operation.
Sec. 20. [174.82] [COMMISSIONER'S DUTIES.]
The commissioner shall be responsible for all aspects of
planning, developing, constructing, operating, and maintaining
commuter rail, including system planning, advanced corridor
planning, preliminary engineering, final design, construction,
negotiating with railroads, and developing financial and
operating plans. The commissioner may enter into a memorandum
of understanding or agreement with a public or private entity,
including a regional railroad authority, a joint powers board,
and a railroad, to carry out these activities.
Sec. 21. [174.84] [COMMUTER RAIL SYSTEM PLANNING.]
Subdivision 1. [GENERAL PLAN REQUIREMENTS.] By January 15,
2000, the commissioner shall adopt a commuter rail system plan
to ensure that if commuter rail facilities are acquired,
developed, constructed, owned, and operated in Minnesota, these
activities will be done in an efficient, cost-effective manner,
and in coordination with buses and other transportation modes
and facilities. The commissioner shall consult with affected
regional railroad authorities and may incorporate into its plan
elements of the plans of regional railroad authorities in order
to avoid duplication of efforts. The commissioner may
periodically update the system plan.
Subd. 2. [APPROVAL OF COMMUTER RAIL SYSTEM PLAN.] The
commuter rail system plan must be approved by metropolitan
planning organizations in areas in which commuter rail will be
located before the commissioner may begin final design of
commuter rail facilities. Following approval of the plan, the
commissioner shall act in conformity with the plan. The
commissioner shall ensure that final design plans are consistent
with the commuter rail plan.
Subd. 3. [ENGINEERING STANDARDS.] The plan must include
engineering standards that provide for integrated operation of
all commuter rail equipment, facilities, and services, including
security, station design parameters, fare box systems, and
safety.
Subd. 4. [INTEGRATION OF SYSTEM.] The commissioner and
metropolitan planning organizations shall ensure that if
commuter rail facilities are planned, designed, and implemented
in Minnesota, they will be planned, designed, and implemented in
such a way as to move transit users to, from, and within the
metropolitan area, and to provide a unified, integrated, and
efficient multimodal transportation system with rail transit
lines that interface with each other and with other
transportation facilities.
Sec. 22. [174.86] [COMMUTER RAIL PLAN; REVIEW.]
Subdivision 1. [ADVANCED CORRIDOR PLAN; PUBLIC
HEARING.] Before a final design plan is prepared for commuter
rail facilities, the commissioner must hold a public hearing on
the physical design component of the advanced corridor plan.
The commissioner must provide appropriate public notice of the
hearing and publicity to ensure that affected parties have an
opportunity to present their views at the hearing. The
commissioner shall summarize the proceedings and testimony and
maintain the record of a hearing held under this subdivision,
including any written statements submitted.
Subd. 2. [PHYSICAL DESIGN COMPONENT; LOCAL PARTICIPATION.]
At least 30 days before the hearing under subdivision 1, the
commissioner shall submit the physical design component of the
advanced corridor plan to the governing body of each statutory
and home rule charter city, county, and town in which the route
is to be located. Within 45 days after the hearing under
subdivision 1, the city, county, or town shall review and
comment on the plan. Within 45 days of the hearing, a city or
town shall approve or disapprove the location and design of the
station to be located in the city or town. A city or town that
disapproves shall describe specific amendments to the plan that,
if adopted, would cause the city or town to withdraw its
disapproval. Failure to comment in writing within 45 days after
the hearing is deemed to be accepted unless an extension of time
is agreed to by the metropolitan planning organization and the
commissioner of transportation.
Subd. 3. [MODIFICATION OF ADVANCED CORRIDOR PLAN.] After
the hearing under subdivision 1, and after the receipt of
comment under subdivision 2, the commissioner may modify the
advanced corridor plan.
Subd. 4. [ADVANCED CORRIDOR PLAN; METROPOLITAN PLANNING
ORGANIZATION REVIEW.] Before constructing commuter rail
facilities, the commissioner shall submit the advanced corridor
plan to each metropolitan planning organization in which the
route is to be located. The metropolitan planning organization
shall hold a hearing on the plan allowing the commissioner,
local governmental units, and other persons to present their
views as to whether the plan is consistent with the metropolitan
planning organization's development guide. Within 60 days after
the hearing, the metropolitan planning organization shall review
the plan submitted by the commissioner to determine whether it
is consistent with the development guide. If the plan is
consistent with the development guide, the metropolitan planning
organization shall approve it. If the plan is not consistent
with the development guide, the metropolitan planning
organization shall submit to the commissioner proposed
amendments to the plan to make it consistent with the
development guide. The commissioner shall incorporate the
proposed amendments into the final design plan.
Subd. 5. [COMMUTER RAIL CORRIDOR COORDINATING
COMMITTEE.] (a) A commuter rail corridor coordinating committee
shall be established to advise the commissioner on issues
relating to the alternatives analysis, environmental review,
advanced corridor planning, preliminary engineering, final
design, implementation method, construction of commuter rail,
public involvement, land use, service, and safety. The commuter
rail corridor coordinating committee shall consist of:
(1) one member representing each significant funding
partner in whose jurisdiction the line or lines are located;
(2) one member appointed by each county in which the
corridors are located;
(3) one member appointed by each city in which advanced
corridor plans indicate that a station may be located;
(4) two members appointed by the commissioner, one of whom
shall be designated by the commissioner as the chair of the
committee;
(5) one member appointed by each metropolitan planning
organization through which the commuter rail line may pass; and
(6) one member appointed by the president of the University
of Minnesota, if a designated corridor provides direct service
to the university.
(b) A joint powers board existing on April 1, 1999,
consisting of local governments along a commuter rail corridor,
shall perform the functions set forth in paragraph (a) in place
of the committee.
Sec. 23. [174.88] [COMMUTER RAIL FUNDING.]
The commissioner, in cooperation with appropriate
metropolitan planning organizations, may apply for funding from
federal, state, regional, local, and private sources for
commuter rail facility construction, operation, implementation,
maintenance, and improvement.
Sec. 24. [174.90] [COMMUTER RAIL OPERATION.]
The commissioner may contract for operation of commuter
rail facilities with the metropolitan council or other public or
private entities and shall commence revenue service after an
appropriate period of start-up to ensure satisfactory
performance. The commissioner shall coordinate with transit
providers to ensure integration of the commuter rail system with
bus and light rail transit service to avoid duplication of
service and to ensure the greatest access to commuter rail lines
in suburban and urban areas.
Sec. 25. Minnesota Statutes 1998, section 221.0314,
subdivision 9a, is amended to read:
Subd. 9a. [HOURS OF SERVICE EXEMPTIONS.] The federal
regulations incorporated in subdivision 9 for maximum driving
and on-duty time do not apply to drivers engaged in the
interstate or intrastate transportation of:
(1) agricultural commodities or farm supplies for
agricultural purposes in Minnesota during the planting and
harvesting seasons from March 15 to December 15 of each year; or
(2) sugar beets during the harvesting season for sugar
beets from September 1 to March May 15 of each year;
if the transportation is limited to an area within a
100-air-mile radius from the source of the commodities or the
distribution point for the farm supplies.
Sec. 26. Minnesota Statutes 1998, section 221.033, is
amended by adding a subdivision to read:
Subd. 2c. [AGE OF PETROLEUM TANK TRUCK DRIVER.] A driver
of a motorized tank truck vehicle having a capacity of less than
3,500 gallons, who is engaged in the intrastate transportation
of petroleum products, must be at least 18 years of age.
Sec. 27. Minnesota Statutes 1998, section 222.63,
subdivision 4, is amended to read:
Subd. 4. [DISPOSITION PERMITTED.] (a) The commissioner may
lease any rail line or right-of-way held in the state rail bank
or enter into an agreement with any person for the operation of
any rail line or right-of-way for any of the purposes set forth
in subdivision 2 in accordance with a fee schedule to be
developed by the commissioner.
(b) The commissioner may convey any rail line or
right-of-way, for consideration or for no consideration and upon
other terms as the commissioner may determine to be in the
public interest, to any other state agency or to a governmental
subdivision of the state having power by law to utilize it for
any of the purposes set forth in subdivision 2.
(c) The commissioner may convey a portion of previously
acquired rail bank right-of-way to a state agency or
governmental subdivision when the commissioner determines that:
(1) the portion to be conveyed is in excess of that needed
for the purposes stated in subdivision 2;
(2) the conveyance is upon terms and conditions agreed upon
by both the commissioner and the state agency or governmental
subdivision;
(3) after the sale, the rail bank corridor will continue to
meet the future public and commercial transportation and
transmission needs of the state; and
(4) the conveyance will not reduce the width of the rail
bank corridor to less than 50 feet.
Proceeds from a sale shall be deposited in the rail bank
maintenance account described in subdivision 8.
Sec. 28. Minnesota Statutes 1998, section 360.0151,
subdivision 2, is amended to read:
Subd. 2. [GRANTS AUTHORIZED.] (a) The commissioner may
make air service marketing grants to political subdivisions that
own and operate airports designated by order of the commissioner
as key airports. The commissioner shall make a project
agreement with each political subdivision receiving a grant
under this section that provides for:
(1) a detailed description of the project for which the
grant is provided;
(2) a schedule of the project; and
(3) the division of costs of the project between the state
and the recipient.
(b) Payments by the commissioner under a project agreement
may only be made to reimburse local costs already incurred.
Sec. 29. Minnesota Statutes 1998, section 360.032,
subdivision 1a, is amended to read:
Subd. 1a. [MUNICIPALITY MAY ACQUIRE OR MOVE AIRPORT
PROPERTY; REIMBURSEMENT.] A municipality may exercise the powers
set forth in this subdivision solely for the purpose of
assisting the relocation of air navigation facilities,
structures, and other property incidental to airport operations,
which are located at an airport owned or formerly owned by the
municipality.
A municipality may acquire air navigation facilities,
structures and other property incidental to airport operations,
which are located at an airport owned or formerly owned by the
municipality. In lieu of such acquisition, the municipality may
move and relocate such property to another public airport. The
manner of acquisition of such property shall be in accordance
with subdivision 2. The municipality may expend its funds to
pay for the costs of such acquisition, moving and relocation.
The commissioner may pay a portion of such acquisition, moving
and relocation costs in accordance with the provisions of
section 360.305, subdivision 4, clause (2) paragraph (b) or (c).
Sec. 30. Minnesota Statutes 1998, section 360.305,
subdivision 4, is amended to read:
Subd. 4. [COSTS ALLOCATED; LOCAL CONTRIBUTION; HANGAR
CONSTRUCTION REVOLVING ACCOUNT.] (1) (a) 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 of the airport, in connection with which the
assistance of the state is sought. These costs are referred to
as project costs.
(2) (b) 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) (1) the project costs,
(b) (2) acquisition costs of the land and clear zones,
which are referred to as "acquisition costs."
(c) For any airport where federal, state and local funds
are to be used, the contribution shall not be less than
one-tenth of the sum of the project costs and acquisition costs.
(3) (d) The commissioner may pay the total cost of radio
and navigational aids.
(4) (e) Notwithstanding clause (2) paragraph (b) or (c),
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) (f) Notwithstanding clause (2) paragraph (b) or (c),
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 paragraph exceed five percent of the amount
appropriated for construction grants.
(6) (g) To receive aid under this section for project costs
or 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:
(1) for a period of 20 years after the date that the any
state funds for project costs are received by the municipality;
and
(2) for 99 years after the date that any state funds for
acquisition costs are received by the municipality.
The agreement may contain other conditions as the commissioner
deems reasonable.
(7) (h) 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) (i) 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) paragraph (g).
(9) (j) This subdivision shall apply only to project costs
or acquisition costs of municipally owned airports which are
incurred after June 1, 1971.
Sec. 31. Minnesota Statutes 1998, section 398A.04,
subdivision 1, is amended to read:
Subdivision 1. [GENERAL.] An authority may exercise all
the powers necessary or desirable to implement the powers
specifically granted in this section, and in exercising the
powers is deemed to be performing an essential governmental
function and exercising a part of the sovereign power of the
state, and is a local government unit and political subdivision
of the state. Without limiting the generality of the foregoing,
the authority may:
(a) sue and be sued, have a seal, which may but need not be
affixed to documents as directed by the board, make and perform
contracts, and have perpetual succession;
(b) acquire real and personal property within or outside
its taxing jurisdiction, by purchase, gift, devise,
condemnation, conditional sale, lease, lease purchase, or
otherwise; or for purposes, including the facilitation of an
economic development project pursuant to section 383B.81 or
469.091 or 469.175, subdivision 7, that also improve rail
service; and
(c) hold, manage, control, sell, convey, lease, mortgage,
or otherwise dispose of real or personal property; and
(d) make grants or otherwise appropriate funds to the
department of transportation, the metropolitan council, or any
other state or local governmental unit for the purposes
described in subdivision 2 with respect to railroad facilities
located or to be located within the authority's jurisdiction,
whether or not the facilities will be acquired, constructed,
owned, or operated by the authority.
Sec. 32. Minnesota Statutes 1998, section 398A.04,
subdivision 2, is amended to read:
Subd. 2. [RAILROAD ACQUISITION AND OPERATION.] The
authority may plan, establish, acquire, develop, construct,
purchase, enlarge, extend, improve, maintain, equip, operate,
regulate, and protect railroads and railroad facilities,
including but not limited to terminal buildings, roadways,
crossings, bridges, causeways, tunnels, equipment, and rolling
stock. The authority may not expend state or federal funds to
engage in planning for or development of light rail transit or
commuter rail transit, unless this activity is consistent with a
plan adopted by the department of transportation under section
174.84 and a plan adopted by the metropolitan council under
section 473.399, and is carried out pursuant to a memorandum of
understanding executed by the authority and the commissioner
after appropriate consultation with the metropolitan council.
Sec. 33. Minnesota Statutes 1998, section 398A.04,
subdivision 9, is amended to read:
Subd. 9. [AGREEMENTS.] The authority may enter into joint
powers agreements under section 471.59 or other agreements with
the municipality or municipalities named in the organization
agreement, or; with other municipalities situated in the
counties named in the resolution, respecting the matters
referred to in section 398A.06 or; with another authority; with
a state agency; or with the metropolitan council about any
matter subject to this chapter.
Sec. 34. Minnesota Statutes 1998, section 446A.085,
subdivision 3, is amended to read:
Subd. 3. [ESTABLISHMENT OF FUND.] A transportation
revolving loan fund is established to make loans for the
purposes described in subdivision 2. A highway account is
established in the fund for highway projects. A transit account
is established in the fund for transit capital projects. The
transportation revolving loan fund shall receive federal money
under the act and money from any source other than the trunk
highway fund, the county state-aid highway fund, and the
municipal state-aid street fund. Money received under this
section must be paid to the state treasurer and credited to the
transportation revolving loan fund. Money in the fund is
annually appropriated to the commissioner and does not lapse.
The fund must be credited with investment income, and with
repayments of principal and interest, except for servicing fees
assessed under sections 446A.04, subdivision 5, and 446A.11,
subdivision 8.
Sec. 35. Minnesota Statutes 1998, section 446A.085,
subdivision 6, is amended to read:
Subd. 6. [TRANSPORTATION COMMITTEE.] The transportation
committee may make authorize the making of loans to borrowers by
the authority for transportation purposes authorized by the act,
without further action by the authority. The authority may not
make loans for transportation purposes without the approval of
the transportation committee. Each project must be certified by
the commissioner of transportation before its consideration by
the transportation committee.
Sec. 36. Minnesota Statutes 1998, section 466.03, is
amended by adding a subdivision to read:
Subd. 20. [USE OF LAND HELD UNDER SECTION 473.167.] Any
claim based on the condition, use, or maintenance of land
acquired and held by the municipality under section 473.167.
Nothing in this subdivision limits the liability of a
municipality for conduct that would entitle a trespasser to
damages against a private person.
Sec. 37. Minnesota Statutes 1998, section 473.1466, is
amended to read:
473.1466 [PERFORMANCE AUDIT; TRANSIT EVALUATION.]
(a) In 1997 and every four years thereafter, the council
shall provide for an independent entity selected through a
request for proposal process conducted nationwide to do a
performance audit of the commuting area's transportation system
as a whole. The performance audit must evaluate the commuting
area's ability to meet the region's needs for effective and
efficient transportation of goods and people, evaluate future
trends and their impacts on the region's transportation system,
and make recommendations for improving the system. The
performance audit must recommend performance-funding measures.
(b) In 1997 1999 and every two four years thereafter, the
council must evaluate the performance of the metropolitan
transit system's operation in relationship to the regional
transit performance standards developed by the council.
Sec. 38. Minnesota Statutes 1998, section 473.399, is
amended to read:
473.399 [LIGHT RAIL TRANSIT AND COMMUTER RAIL PLANNING.]
Subdivision 1. [GENERAL REQUIREMENTS.] (a) The council
shall adopt a plan to ensure that light rail transit facilities
in the metropolitan area will be acquired, developed, owned, and
capable of operation in an efficient, cost-effective, and
coordinated manner in coordination with buses and other
transportation modes and facilities. The plan may be developed
and adopted in phases corresponding to phasing of construction
of light rail. To the extent practicable, The council shall may
incorporate into its plan appropriate elements of the plans of
regional railroad authorities in order to avoid duplication of
effort.
(b) The light rail transit plan or first phase of the plan
required by this section must be adopted by the council before
the commissioner of transportation may begin construction of
light rail transit facilities. Following adoption of the plan,
each regional railroad authority and the commissioner of
transportation shall act in conformity with the plan. The
commissioner shall prepare or amend the final design plans as
necessary to make the plans consistent with the light rail
transit plan.
(c) Throughout the development and implementation of the
plan, the council shall contract for or otherwise obtain
engineering services to assure that the plan adequately
addresses the technical aspects of light rail transit.
Subd. 1a. [INTEGRATED TRANSPORTATION SYSTEM.] The
commissioner of transportation, and the metropolitan council,
and the regional rail authorities shall ensure that the light
rail transit and commuter rail facilities are planned, designed,
and implemented: (1) to move commuters and transit users into
and out of, as well as within, the metropolitan area, and (2) to
ensure that rail transit lines will interface with each other
and other transportation facilities and services so as to
provide a unified, integrated, and efficient multimodal
transportation system.
Sec. 39. Minnesota Statutes 1998, section 473.3993,
subdivision 3, is amended to read:
Subd. 3. [FINAL DESIGN PLAN.] "Final design plan" means a
light rail transit plan that includes the items in the
preliminary design plan and the preliminary engineering plan for
the facilities proposed but with greater detail and specificity
needed for construction. The final design plan must include, at
a minimum:
(1) final plans for the physical design of facilities,
including the right-of-way definition; environmental impacts and
mitigation measures; intermodal coordination with bus operations
and routes; and civil engineering plans for vehicles, track,
stations, parking, and access, including handicapped access; and
(2) final plans for civil engineering for electrification,
communication, and other similar facilities; operational rules,
procedures, and strategies; capital costs; ridership; operating
costs and revenues, and sources of funds for operating
subsidies; financing for construction and operation; an
implementation method; and other similar matters.
The final design plan must be stated with sufficient
particularity and detail to allow the proposer to begin the
acquisition and construction of operable facilities. If a
turn-key design-build implementation method is proposed, instead
of civil engineering plans the final design plan must state
detailed design criteria and performance standards for the
facilities.
The commissioner of transportation may use a design-build
method of project development and construction for light rail
transit. Notwithstanding any law to the contrary, the
commissioner may award a design-build contract on the basis of
requests for proposals or requests for qualifications without
bids. "Design-build method of project development and
construction" means a project delivery system in which a single
contractor is responsible for both the design and construction
of the project and bids the design and construction together.
Sec. 40. Minnesota Statutes 1998, section 473.3994,
subdivision 3, is amended to read:
Subd. 3. [PRELIMINARY DESIGN PLANS; LOCAL APPROVAL.] At
least 30 days before the hearing under subdivision 2, the
commissioner of transportation and the regional railroad
authority or authorities in whose jurisdiction the line or lines
are located shall submit the physical design component of the
preliminary design plans to the governing body of each statutory
and home rule charter city, county, and town in which the route
is proposed to be located. The city, county, or town shall hold
a public hearing, except that a county board need not hold a
hearing if the county board membership is identical to the
membership of the regional railroad authority submitting the
plan for review. Within 45 days after the hearing under
subdivision 2, the city, county, or town shall review and
approve or disapprove the plans for the route to be located in
the city, county, or town. A local unit of government that
disapproves the plans shall describe specific amendments to the
plans that, if adopted, would cause the local unit to withdraw
its disapproval. Failure to approve or disapprove the plans in
writing within 45 days after the hearing is deemed to be
approval, unless an extension of time is agreed to by the city,
county, or town, and the commissioner of transportation, and the
regional railroad authority or authorities in whose jurisdiction
the line or lines are located.
Sec. 41. Minnesota Statutes 1998, section 473.3994,
subdivision 4, is amended to read:
Subd. 4. [PRELIMINARY DESIGN PLANS; COUNCIL REFERRAL.] If
the governing body of one or more cities, counties, or towns
disapproves the preliminary design plans within the period
allowed under subdivision 3, the commissioner of transportation
and the regional railroad authority or authorities in whose
jurisdiction the line or lines are located may refer the plans,
along with any comments of local jurisdictions, to the
metropolitan council. The council shall hold a hearing on the
plans, giving the commissioner of transportation and the
regional railroad authority or authorities in whose jurisdiction
the line or lines are located, any disapproving local
governmental units, and other persons an opportunity to present
their views on the plans. The council may conduct independent
study as it deems desirable and may mediate and attempt to
resolve disagreements about the plans. Within 90 days after the
referral, the council shall review the plans submitted by the
commissioner of transportation and the regional railroad
authority or authorities in whose jurisdiction the line or lines
are located and the council shall decide what amendments to the
plans, if any, must be made to accommodate the objections
presented by the disapproving local governmental units. The
commissioner and the regional railroad authority shall make the
amendments to the plans before continuing the planning and
designing process.
Sec. 42. Minnesota Statutes 1998, section 473.3994,
subdivision 10, is amended to read:
Subd. 10. [CORRIDOR MANAGEMENT COMMITTEE.] A corridor
management committee shall be established to advise the
commissioner of transportation in the design and construction of
light rail transit in each corridor to be constructed. The
corridor management committee shall consist of the following
members:
(1) one member appointed by the joint powers board
established under section 473.3998;
(2) one member appointed by each city and county in which
the corridor is located;
(3) (2) the commissioner of transportation or a designee of
the commissioner;
(4) (3) two members appointed by the metropolitan council,
one of whom shall be designated as the chair of the committee;
(5) (4) one member appointed by the metropolitan airports
commission, if the designated corridor provides direct service
to the Minneapolis-St. Paul International Airport; and
(6) (5) one member appointed by the president of the
University of Minnesota, if the designated corridor provides
direct service to the university.
The corridor management committee shall advise the
commissioner of transportation and the regional railroad
authority or authorities in whose jurisdiction the line or lines
are located on issues relating to the alternatives analysis,
environmental review, preliminary design, preliminary
engineering, final design, implementation method, and
construction of light rail transit.
Sec. 43. Laws 1998, chapter 404, section 17, subdivision
3, is amended to read:
Subd. 3. Transitways 46,500,000
(a) This appropriation is to match
federal and local funding for the
planning, design, engineering, and
construction of transitways in the
metropolitan area.
(b) $40,000,000 is for the preliminary
engineering, final design, and
construction of light rail transit in
the Hiawatha Avenue corridor from
downtown Minneapolis through
Minneapolis-St. Paul International
Airport and the site of the former Met
Center or surrounding area with a
terminus in southern Hennepin or
northern Dakota county.
The Hiawatha Avenue corridor management
committee created pursuant to Minnesota
Statutes, section 473.3994, subdivision
10, shall establish an advisory
committee of:
(1) individuals who reside near the
proposed corridor;
(2) representatives of businesses
located within one mile on either side
of the corridor; and
(3) elected officials, including
legislators, who represent the area in
which the Hiawatha corridor is located.
The advisory committee shall advise the
corridor management committee on issues
relating to the preliminary
engineering, final design, and
construction of light rail facilities,
including the proposed alignment for
the corridor.
(c) The funds in this paragraph must be
distributed as grants to appropriate
county regional rail authorities upon
execution of a work program memorandum
of understanding with the commissioner
as follows:
(1) $3,000,000 to match federal funding
for a major investment study,
engineering, and implementation in the
Riverview corridor between the east
side of St. Paul and the
Minneapolis-St. Paul International
Airport and the Mall of America and in
the central corridor between downtown
St. Paul and downtown Minneapolis;
(2) $1,500,000 to match federal funding
for a major investment study,
engineering, and implementation in the
Northstar corridor linking downtown
Minneapolis to the St. Cloud area and
to study the feasibility of commuter
rail and other transportation
improvements within the corridor;
(3) $500,000 to study potential transit
improvements and engineering studies in
the Cedar Avenue corridor to link the
Hiawatha, Riverview, and Northstar
transit corridors with Dakota county;
and
(4) $500,000 to develop engineering
documents for a commuter rail line from
Minneapolis to downtown St. Paul
through southern Washington county to
Hastings.
The commissioner of transportation, in
coordination with the North Star
Corridor Joint Powers Authority and the
St. Cloud area planning agency, shall
study the transportation needs within
the St. Cloud metropolitan area.
(d) $1,000,000 is available as grants
to appropriate county regional rail
authorities to conduct major investment
studies and to develop engineering
documents for commuter rail lines in
the following corridors:
(1) the Young America corridor from
Carver county to Minneapolis and St.
Paul;
(2) the Bethel corridor linking
Cambridge with the Northstar corridor
in Anoka county;
(3) the Northwest corridor from
downtown Minneapolis to the Northwest
suburbs of Hennepin county; and
(4) other commuter rail corridors
identified in phase II of the
department of transportation's commuter
rail service study, except for the
corridors identified in paragraph (c).
The appropriation in this paragraph is
not available until the completion of
the commuter rail service study as
provided in Laws 1997, chapter 159,
article 2, section 51. The funds may
be made available only after approval
by the commissioner of transportation
of an application submitted by county
regional rail authorities that is
consistent with the results of the
commuter rail service study and
demonstrates a coordinated
implementation strategy and upon
execution of a work program memorandum
of understanding with the commissioner.
Sec. 44. [CONSTRUCTION OF RAIL FACILITIES.]
Neither the state nor any political subdivision may apply
for federal assistance or receive any state appropriation or
grant for light rail transit construction until the commissioner
begins construction of light rail transit facilities in either
the Riverview corridor, connecting the east side of St. Paul,
the Minneapolis-St. Paul International Airport, and the Mall of
America; or the central corridor, between downtown St. Paul and
downtown Minneapolis. This prohibition does not apply to
applications for federal funding or receipt of state funding for
light rail transit in the Hiawatha corridor, connecting downtown
Minneapolis, the Minneapolis-St. Paul International Airport, and
the vicinity of the Mall of America; in the Riverview corridor;
or in the central corridor.
Sec. 45. [TRANSIT PLAN; REPORT.]
A regional master plan for transit must be developed by the
metropolitan council, in consultation with the commissioner of
transportation and the regional railroad authorities in the
metropolitan area. The plan must be completed for presentation
to the legislature by February 1, 2000. The plan must include
bus and rail development and must be balanced. It must include
bus, busway, and light rail transit investments based on:
(1) population density;
(2) employment concentrations and job density;
(3) transit dependent segments of the population;
(4) redevelopment and reinvestment;
(5) opportunities in the core of the region; and
(6) adequacy of existing transportation corridors.
Sec. 46. [REPEALER.]
Minnesota Statutes 1998, sections 169.832, subdivision 13;
169.974, subdivision 6; 473.3994, subdivision 12; and 473.3998,
are repealed.
Sec. 47. [EFFECTIVE DATES.]
Sections 1, 2, 7, 8, and 26, are effective the day
following final enactment. Sections 3 to 6, 9, 12, 15, 17, 28
to 30, 34, and 35, are effective July 1, 1999.
Presented to the governor May 21, 1999
Signed by the governor May 25, 1999, 11:31 a.m.
Official Publication of the State of Minnesota
Revisor of Statutes