language to be deleted (2) new language
CHAPTER 364-S.F.No. 3298 An act relating to transportation; modifying reimbursement for expenses of displaced business following condemnation; regulating certain operations of diesel school buses; requiring commissioner of transportation to utilize agriculture-based de-icing solutions; allowing commissioner to acquire land to preserve highway corridors; allowing advance funding for trunk highway projects; modifying provisions governing road inspections, first hauls, and weight allowances for commercial motor vehicles; requiring that USDOT numbers be reported to registrar of motor vehicles; allowing limited use of highway shoulders by buses and vanpools; regulating motorcycle parking; modifying motor carrier provisions to reduce certain regulatory obligations; increasing limit for funds that may be transferred from state airports fund to hangar construction revolving account; modifying budget reduction of department of transportation construction district 1; removing sunset provision relating to determining city populations for state-aid street purposes; exempting certain transportation-related contracts from moratorium on state contracts for professional or technical services; requiring commissioner to retain Stillwater Bridge project in transportation improvement program; requiring commissioner to prepare new signal agreement in city of Anoka; providing for resolution of dispute relating to Camp Coldwater Springs; establishing highway corridor-protection demonstration project; exempting certain federal funds from statutory matching requirements; requiring issuance of permit for bikeway in Chanhassen; creating technical advisory group to streamline environmental review process; providing for joint venture for highway rest area between Brainerd and Little Falls; making clarifying changes; providing for fees; requiring reports; amending Minnesota Statutes 2000, sections 161.20, subdivision 2; 161.361; 168.011, subdivision 17; 168.013, subdivision 3; 169.771, subdivisions 2, 3; 169.85, subdivisions 1, 2; 169.851, subdivision 3; 169.86, subdivision 5; 169.974, subdivision 5; 221.0252, subdivision 3; 221.0314, by adding a subdivision; 221.0355, subdivisions 2, 3; 221.221, subdivision 4; 221.605, subdivision 1; 360.305, subdivision 4; Minnesota Statutes 2001 Supplement, sections 117.51; 161.162, subdivision 2; 169.825, subdivision 11; 221.221, subdivision 2; Laws 2001, First Special Session chapter 8, article 1, section 8; Laws 2001, First Special Session chapter 8, article 2, section 6; Laws 2002, chapter 220, article 10, section 37; proposing coding for new law in Minnesota Statutes, chapters 123B; 161; 168; 169; 171; repealing Minnesota Statutes 2000, section 221.0313; Minnesota Statutes 2001 Supplement, section 161.362. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: Section 1. Minnesota Statutes 2001 Supplement, section 117.51, is amended to read: 117.51 [COOPERATION WITH FEDERAL AUTHORITIES.] In all acquisitions undertaken by any acquiring authority and in all voluntary rehabilitation carried out by a person pursuant to acquisition or as a consequence thereof, the acquiring authority shall cooperate to the fullest extent with federal departments and agencies, and it shall take all necessary action in order to insure, to the maximum extent possible, federal financial participation in any and all phases of acquisition, including the provision of relocation assistance, services, payments and benefits to displaced persons. An acquiring authority may consider reimbursing up to $50,000 in
relocation orreestablishment expenses of a displaced business. Sec. 2. [123B.885] [DIESEL SCHOOL BUSES; OPERATION OF ENGINE; PARKING.] Subdivision 1. [OPERATION OF ENGINE.] All operators of diesel school buses must minimize, to the extent practical, the idling of school bus engines and exposure of children to diesel exhaust fumes. Subd. 2. [PARKING.] On and after July 1, 2003, diesel school buses must be parked and loaded at sufficient distance from school air-intake systems to avoid diesel fumes from being drawn into the systems, unless, in the judgment of the school board, alternative locations block traffic, impair student safety, or are not cost effective. Sec. 3. Minnesota Statutes 2001 Supplement, section 161.162, subdivision 2, is amended to read: Subd. 2. [FINAL LAYOUT.] (a) "Final layout" means geometric layouts and supplemental drawings that show the location, character, dimensions, access, and explanatory information about the highway construction or improvement work being proposed. "Final layout" includes, where applicable, traffic lanes, shoulders, trails, intersections, signals, bridges, approximate right-of-way limits, existing ground line and proposed grade line of the highway, turn lanes, access points and closures, sidewalks, speed zonesproposed design speed, noise walls, transit considerations, auxiliary lanes, interchange locations, interchange types, sensitive areas, existing right-of-way, traffic volume and turning movements, location of stormwater drainage, location of municipal utilities, project schedule and estimated cost, and the name of the project manager. (b) "Final layout" does not include a cost participation agreement. For purposes of this subdivision "cost participation agreement" means a document signed by the commissioner and the governing body of a municipality that states the costs of a highway construction project that will be paid by the municipality. Sec. 4. [161.168] [SNOW AND ICE CONTROL MATERIALS.] Subdivision 1. [USE OF AGRICULTURE-BASED DE-ICING SOLUTION.] The commissioner of transportation shall use a de-icing solution derived from agricultural products for snow and ice control on trunk highways to the extent that the commissioner determines is economically feasible, environmentally beneficial, and consistent with public safety. Subd. 2. [EFFECT ON ENVIRONMENT.] The commissioner, in determining which snow and ice control materials to use on trunk highways, shall consider the effect of each type of material on the environment and on the deterioration of bridges and other structures. Sec. 5. Minnesota Statutes 2000, section 161.20, subdivision 2, is amended to read: Subd. 2. [ACQUISITION OF PROPERTY; BUILDINGS; RELOCATION OF CORNERS; AGREEMENTS WITH RAILROADS; CONTRACTS.] The commissioner is authorized to acquire by purchase, gift, or by eminent domain proceedings as provided by law, in fee or such lesser estate as the commissioner deems necessary, all lands and properties necessary in preserving future trunk highway corridors or in laying out, constructing, maintaining, and improving the trunk highway system including recreational vehicle lanes; to locate, construct, reconstruct, improve, and maintain the trunk highway system; to purchase all road material, machinery, tools, and supplies necessary for the construction, maintenance, and improvement thereof; to construct necessary buildings, or rent or acquire by purchase, gift, or condemnation, grounds, and buildings necessary for the storing and housing of such material, machinery, tools, and supplies or necessary for office space for employees or for providing for driver's license examinations; to maintain, repair, or remodel such buildings as may be necessary; to acquire by purchase, gift, or condemnation, replacement sites for historically significant buildings or structures and to relocate these buildings or structures onto those sites, reconstructing and maintaining them until disposed of through public sale to the highest responsible bidder; to make agreements with any county for the relocation or reestablishment, by the county, of section, quarter section, or meander corners originally established by the United States, when such relocation or reestablishment is necessary in order to write land acquisition descriptions or by reason of the construction, reconstruction, improvement, or maintenance of a trunk highway; to contract on an equitable basis with railroad companies for the installation and reinstallation of safety devices at trunk highway-railroad grade crossings, and for the construction, reconstruction and maintenance of bridges and approaches existing or necessary for the separation of grades at railroad and trunk highway intersections; and in carrying out duties, to let all necessary contracts in the manner prescribed by law. The commissioner may make agreements with and cooperate with any governmental authority for the purpose of effectuating the provisions of this chapter. Sec. 6. Minnesota Statutes 2000, section 161.361, is amended to read: 161.361 [ADVANCE FUNDING FOR TRUNK HIGHWAY PROJECTS.] Subdivision 1. [ADVANCE FUNDING.] A road authority other than the commissioner may by agreement with the commissioner make advances from any available funds to the commissioner to expedite construction of all or part of a trunk highway. Money may be advanced under this section only for projects already included in the commissioner's ten-year highway work program. The total amount of annual repayment to road authorities under this subdivision must never exceed $10,000,000. Subd. 1a. [INTERREGIONAL CORRIDORS.] By agreement with the commissioner, a road authority other than the commissioner or two or more road authorities that have entered into a joint powers agreement under section 471.59 may make advances from any available funds to the commissioner to expedite development of an interregional transportation corridor, including funds for design consultants, for right-of-way purchases, for construction, or for other related expenditures. The total amount of annual repayment to road authorities under this subdivision must never exceed $10,000,000. Subd. 1b. [BOTTLENECKS.] By agreement with the commissioner, a road authority other than the commissioner or two or more road authorities that have entered into a joint powers agreement under section 471.59 may make advances from any available funds to the commissioner to expedite bottleneck reduction, including funds for design consultants, for right-of-way purchases, for construction, or for other related expenditures. The total amount of annual repayment to road authorities under this subdivision must never exceed $10,000,000. Subd. 2. [REPAYMENT.] Subject to the availability of state money, the commissioner shall repay without interestthe amountamounts advanced under subdivision 1this section, up to the state's share of project costs, at the time the project is scheduled for completion in the highway work program. The total amount of annual repayment to road authorities under this section must never exceed the amount stated in the department's debt management policy or $10,000,000, whichever is lessunder terms of the agreement. The agreement may provide for payment of interest for funds advanced under subdivisions 1a and 1b. The maximum interest rate that may be paid is the rate earned by the state on invested treasurer's cash for the month before the date the agreement is executed or the actual interest paid by the road authority in borrowing for the amount advanced, whichever rate is less. Sec. 7. Minnesota Statutes 2000, section 168.011, subdivision 17, is amended to read: Subd. 17. [FARM TRUCK.] (a) "Farm truck" means all single unit trucks, truck-tractors, tractors, semitrailers, and trailers used by the owner thereof to transport agricultural, horticultural, dairy, and other farm products, including livestock, produced or finished by the owner of the truck, and any other personal property owned by the farmer to whom the license for the truck is issued, from the farm to market, and to transport property and supplies to the farm of the owner. Trucks, truck-tractors, tractors, semitrailers, and trailers registered as "farm trucks" may be used by the owner thereof to occasionally transport unprocessed and raw farm products, not produced by the owner of the truck, from the place of production to market when the transportation constitutes the first haul of the products, and may be used by the owner thereof, either farmer or logger who harvests and hauls forest products only, to transport logs, pulpwood, lumber, chips, railroad ties and other raw and unfinished forest products from the place of production to an intermediate or final assembly point or transfer yard or railhead when the transportation constitutes, which transportation may be continued by another farm truck to a place for final processing or manufacture located within 200 miles of the place of production and all of which is deemed to constitute the first haul thereof,of unfinished wood products; provided that the owner and operator of the vehicle transporting planed lumber shall have in immediate possession a statement signed by the producer of the lumber designating the governmental subdivision, section, and township where the lumber was produced and that this haul, indicating the date, is the first haul thereof. The licensed vehicles may also be used by the owner thereof to transport, to and from timber-harvesting areas, equipment and appurtenances incidental to timber harvesting, and gravel and other road-building materials for timber haul roads. (b) "Farm trucks" shall also include only single unit trucks , whichthat, because of their construction, cannot be used for any other purpose and are used exclusively to transport milk and cream en route from a farm to an assembly point or place for final manufacture, and for transporting milk and cream from an assembly point to a place for final processing or manufacture. This section shall not be construed to mean that the owner or operator of the truck cannot carry on usual accommodation services for patrons on regular return trips, such as butter, cream, cheese, and other dairy supplies. [EFFECTIVE DATE.] This section is effective the day following final enactment. Sec. 8. Minnesota Statutes 2000, section 168.013, subdivision 3, is amended to read: Subd. 3. [APPLICATION; CANCELLATION; EXCESSIVE GROSS WEIGHT FORBIDDEN.] (a) The applicant for all licenses based on gross weight shall state the unloaded weight of the motor vehicle, trailer, or semitrailer and the maximum load the applicant proposes to carry thereon, the sum of which shall constitute the gross weight upon which the license tax shall be paid, but in no case shall the declared gross weight upon which the tax is paid be less than 1-1/4 times the declared unloaded weight of the motor vehicle, trailer, or semitrailer to be registered, except recreational vehicles taxed under subdivision 1g, school buses taxed under subdivision 18, and tow trucks or towing vehicles defined in section 169.01, subdivision 52. The gross weight of a tow truck or towing vehicle is the actual weight of the tow truck or towing vehicle fully equipped, but does not include the weight of a wrecked or disabled vehicle towed or drawn by the tow truck or towing vehicle. (b) The gross weight of noa motor vehicle, trailer, or semitrailer shall not exceed the gross weight upon which the license tax has been paid by more than four percent or 1,000 pounds, whichever is greater; provided that, a vehicle transporting unfinished forest products in accordance with paragraph (d)(3) shall not exceed its gross vehicle weight upon which the license tax has been paid, or gross axle weight on any axle, by more than five percent and, notwithstanding other law to the contrary, is not subject to any fee, fine, or other assessment or penalty for exceeding a gross vehicle or axle weight by up to five percent. (c) The gross weight of the motor vehicle, trailer, or semitrailer for which the license tax is paid shall be indicated by a distinctive character on the license plate or plates except as provided in subdivision 12 and the plate or plates shall be kept clean and clearly visible at all times. (d) The owner, driver, or user of a motor vehicle, trailer, or semitrailer, upon conviction for transporting a gross weight in excess of the gross weight for which it was registered or for operating a vehicle with an axle weight exceeding the maximum lawful axle load weight, shall be guilty of a misdemeanor and be subject to increased registration or reregistration according to the following schedule: (1) The owner, driver, or user of a motor vehicle, trailer, or semitrailer, upon conviction for transporting a gross weight in excess of the gross weight for which it is registered by more than four percent or 1,000 pounds, whichever is greater,the allowance set forth in paragraph (b) but less than 25 percent or for operating or using a motor vehicle, trailer, or semitrailer with an axle weight exceeding the maximum lawful axle load as provided in section 169.825 by more than four percent or 1,000 pounds, whichever is greater,the allowance set forth in paragraph (b) but less than 25 percent, in addition to any penalty imposed for the misdemeanor shall apply to the registrar to increase the authorized gross weight to be carried on the vehicle to a weight equal to or greater than the gross weight the owner, driver, or user was convicted of carrying, the increase computed for the balance of the calendar year on the basis of 1/12 of the annual tax for each month remaining in the calendar year beginning with the first day of the month in which the violation occurred. If the additional registration tax computed upon that weight, plus the tax already paid, amounts to more than the regular tax for the maximum gross weight permitted for the vehicle under section 169.825, that additional amount shall nevertheless be paid into the highway fund, but the additional tax thus paid shall not permit the vehicle to be operated with a gross weight in excess of the maximum legal weight as provided by section 169.825. Unless the owner within 30 days after a conviction shall apply to increase the authorized weight and pay the additional tax as provided in this section, the registrar shall revoke the registration on the vehicle and demand the return of the registration card and plates issued on that registration. (2) The owner or driver or user of a motor vehicle, trailer, or semitrailer upon conviction for transporting a gross weight in excess of the gross weight for which the motor vehicle, trailer, or semitrailer was registered by 25 percent or more, or for operating or using a vehicle or trailer with an axle weight exceeding the maximum lawful axle load as provided in section 169.825 by 25 percent or more, in addition to any penalty imposed for the misdemeanor, shall have the reciprocity privileges on the vehicle involved if the vehicle is being operated under reciprocity canceled by the registrar, or if the vehicle is not being operated under reciprocity, the certificate of registration on the vehicle operated shall be canceled by the registrar and the registrar shall demand the return of the registration certificate and registration plates. The registrar may not cancel the registration or reciprocity privileges for any vehicle found in violation of seasonal load restrictions imposed under section 169.87 unless the axle weight exceeds the year-round weight limit for the highway on which the violation occurred. The registrar may investigate any allegation of gross weight violations and demand that the operator show cause why all future operating privileges in the state should not be revoked unless the additional tax assessed is paid. (3) Clause (1) does not apply to the first haul of unprocessed or raw farm products or unfinished forest products, when the registered gross weight is not exceeded by more than ten percent. For purposes of this clause, "first haul" means (i) the first, continuous transportation of unprocessed or raw farm products from the place of production or on-farm storage site to any other location within 50 miles of the place of production or on-farm storage site, or (ii) the first,continuous or noncontinuous transportation of unfinished forest products from the place of production to the place of first unloadingfinal processing or manufacture located within 200 miles of the place of production. (4) When the registration on a motor vehicle, trailer, or semitrailer is revoked by the registrar according to provisions of this section, the vehicle shall not be operated on the highways of the state until it is registered or reregistered, as the case may be, and new plates issued, and the registration fee shall be the annual tax for the total gross weight of the vehicle at the time of violation. The reregistration pursuant to this subdivision of any vehicle operating under reciprocity agreements pursuant to section 168.181 or 168.187 shall be at the full annual registration fee without regard to the percentage of vehicle miles traveled in this state. [EFFECTIVE DATE.] This section is effective the day following final enactment. Sec. 9. [168.185] [USDOT NUMBERS.] (a) An owner of a truck or truck tractor having a gross vehicle weight of more than 10,000 pounds, as defined in section 169.01, subdivision 46, other than a farm truck, shall report to the registrar at the time of registration its USDOT carrier number. A person subject to this paragraph who does not have a USDOT number shall apply for the number at the time of registration by completing a form MCS-150 Motor Carrier Identification Report, issued by the Federal Motor Carrier Safety Administration, or comparable document as determined by the registrar. (b) Assigned USDOT numbers need not be displayed on the outside of the vehicle, but must be made available upon request of an authorized agent of the registrar, peace officer, other employees of the state patrol authorized in chapter 299D, or employees of the Minnesota department of transportation. The vehicle owner shall notify the registrar if there is a change to the owner's USDOT number. (c) If an owner fails to report or apply for a USDOT number, the registrar shall suspend the owner's registration. (d) Until October 1, 2003, paragraphs (a) to (c) do not apply to an agricultural fertilizer or agricultural chemical retailer while exclusively engaged in delivering fertilizer or agricultural chemicals to a farmer for on-farm use. Sec. 10. [169.306] [USE OF SHOULDERS BY BUSES.] If the commissioner of transportation permits the use by transit buses of a shoulder of a freeway or expressway, as defined in section 160.02, in the seven-county metropolitan area, the commissioner shall permit the use on that shoulder of a bus with a seating capacity of 40 passengers or more operated by a motor carrier of passengers, as defined in section 221.011, subdivision 48, while operating in intrastate commerce. Buses authorized to use the shoulder under this section may be operated on the shoulder only when main line traffic speeds are less than 35 miles per hour. Drivers of buses being operated on the shoulder, may not exceed the speed of main line traffic by more than 15 miles per hour and may never exceed 35 miles per hour. Drivers of buses being operated on the shoulder must yield to merging, entering, and exiting traffic and must yield to other vehicles on the shoulder. Buses operated on the shoulder must be registered with the department of transportation. Sec. 11. Minnesota Statutes 2000, section 169.771, subdivision 2, is amended to read: Subd. 2. [INSPECTION BY STATE TROOPER.] (a) The commissioner of public safety is directed to accelerate spot check inspections for unsafe motor vehicles and motor vehicle equipment. Such inspections shall be conducted by the personnel of the state patrol who shall give the operator of a commercial motor vehicle a signed and dated document as evidence of the inspection. (b) However, personnel of the state patrol may not conduct another spot inspection of a commercial motor vehicle if (1) the operator of the vehicle can show evidence of an inspection, which is free of critical defects, conducted in Minnesota according to this section within the previous 90 days and (2) a state trooper does not have probable cause to believe the vehicle or its equipment is unsafe or that the operator has engaged in illegal activity. In addition, if the operator shows the state trooper evidence that the commercial motor vehicle has been inspected within the previous 90 days, but the officer has probable cause to believe the vehicle or its equipment is unsafe or to suspect illegal activity, then the vehicle may be inspected to confirm the existence or absence of an unsafe condition or of the suspected illegal activity. [EFFECTIVE DATE.] This section is effective the day following final enactment. Sec. 12. Minnesota Statutes 2000, section 169.771, subdivision 3, is amended to read: Subd. 3. [RULES.] The commissioner of public safety may establish such reasonable rules as are necessary to carry out the provisions of this section, but all spot check inspections shall be held in compliance with subdivision 2 and in such a manner that the motor vehicle operators, either private or commercial, shall not be unnecessarily inconvenienced either by extended detours, unnecessary delays, or any other unreasonable cause. [EFFECTIVE DATE.] This section is effective the day following final enactment. Sec. 13. Minnesota Statutes 2001 Supplement, section 169.825, subdivision 11, is amended to read: Subd. 11. [GROSS WEIGHT SEASONAL INCREASES.] (a) The limitations provided in this section are increased: (1) by ten percent between the dates set by the commissioner based on a freezing index model each winter, statewide; (2) by ten percent between the dates set by the commissioner based on a freezing index model each winter, in the zone bounded as follows: beginning at Pigeon River in the northeast corner of Minnesota; thence in a southwesterly direction along the north shore of Lake Superior along trunk highway No. 61to the northeastern city limits of Duluth; thence along the eastern and southern city limits of Duluth to the junction with trunk highway No. 210; thence westerly along trunk highway No. 210 to the junction with trunk highway No. 10; thence northwesterly along trunk highway No. 10 to the Minnesota-North Dakota border; thence northerly along that border to the Minnesota-Canadian Border; thence easterly along said Border to Lake Superior; and (3) by ten percent from the beginning of harvest to November 30 each year for the movement of sugar beets, carrots, and potatoes from the field of harvest to the point of the first unloading. Transfer of the product from a farm vehicle or small farm trailer, within the meaning of chapter 168, to another vehicle is not considered to be the first unloading. The commissioner shall not issue permits under this clause if to do so will result in a loss of federal highway funding to the state. (b) The duration of a ten percent increase in load limits is subject to limitation by order of the commissioner, subject to implementation of springtime load restrictions. (c) When the ten percent increase is in effect, a permit is required for a motor vehicle, trailer, or semitrailer combination that has a gross weight in excess of 80,000 pounds, an axle group weight in excess of that prescribed in subdivision 10, or a single axle weight in excess of 20,000 pounds and which travels on interstate routes. (d) In cases where gross weights in an amount less than that set forth in this section are fixed, limited, or restricted on a highway or bridge by or under another section of this chapter, the lesser gross weight as fixed, limited, or restricted may not be exceeded and must control instead of the gross weights set forth in this section. (e) Notwithstanding any other provision of this subdivision, no vehicle may exceed a total gross vehicle weight of 80,000 pounds on routes which have not been designated by the commissioner under section 169.832, subdivision 11. (f) The commissioner may, after determining the ability of the highway structure and frost condition to support additional loads, grant a permit extending seasonal increases for vehicles using portions of routes falling within two miles of the southern boundary of the zone described under paragraph (a), clause (2). Sec. 14. Minnesota Statutes 2000, section 169.85, subdivision 1, is amended to read: Subdivision 1. [DRIVER TO STOP FOR WEIGHING.] (a) The driver of a vehicle whichthat has been lawfully stopped may be required by an officer to submit the vehicle and load to a weighing by means of portable or stationary scales , and. (b) In addition, the officer may require that the vehicle be driven to the nearest available scales, but only if: (1) the distance to the scales is no further than five miles, or if the distance from the point where the vehicle is stopped to the vehicle's destination is not increased by more than ten miles as a result of proceeding to the nearest available scales; and (2) if the vehicle is a commercial motor vehicle, no more than two other commercial motor vehicles are waiting to be inspected at the scale. (c) Official traffic control devices as authorized by section 169.06 may be used to direct the driver to the nearest scale. (d) When a truck weight enforcement operation is conducted by means of portable or stationary scales and signs giving notice of the operation are posted within the highway right-of-way and adjacent to the roadway within two miles of the operation, the driver of a truck or combination of vehicles registered for or weighing in excess of 12,000 pounds shall proceed to the scale site and submit the vehicle to weighing and inspection. [EFFECTIVE DATE.] This section is effective the day following final enactment. Sec. 15. Minnesota Statutes 2000, section 169.85, subdivision 2, is amended to read: Subd. 2. [UNLOADING.] (a) Upon weighing a vehicle and load, as provided in this section, an officer may require the driver to stop the vehicle in a suitable place and remain standing until a portion of the load is removed that is sufficient to reduce the gross weight of the vehicle to the limit permitted under either section 168.013, subdivision 3, paragraph (b), or 169.825, whichever is the lesser violation, if any. A suitable place is a location where loading or tampering with the load is not prohibited by federal, state, or local law, rule, or ordinance. (b) Except as provided in paragraph (c), a driver may be required to unload a vehicle only if the weighing officer determines that (a)(1) on routes subject to the provisions of section 169.825, the weight on an axle exceeds the lawful gross weight prescribed by section 169.825, by 2,000 pounds or more, or the weight on a group of two or more consecutive axles in cases where the distance between the centers of the first and last axles of the group under consideration is ten feet or less exceeds the lawful gross weight prescribed by section 169.825, by 4,000 pounds or more; or (b)(2) on routes designated by the commissioner in section 169.832, subdivision 11, the overall weight of the vehicle or the weight on an axle or group of consecutive axles exceeds the maximum lawful gross weights prescribed by section 169.825; or (c)(3) the weight is unlawful on an axle or group of consecutive axles on a road restricted in accordance with section 169.87. Material unloaded must be cared for by the owner or driver of the vehicle at the risk of the owner or driver. (c) If the gross weight of the vehicle does not exceed the vehicle's registered gross weight plus the weight allowance set forth in section 168.013, subdivision 3, paragraph (b), then the vehicle is deemed to be not in violation under paragraph (b). [EFFECTIVE DATE.] This section is effective the day following final enactment. Sec. 16. Minnesota Statutes 2000, section 169.851, subdivision 3, is amended to read: Subd. 3. [FIRST HAUL.] "First haul" means the first, continuous transportation from the place of production or on farm storage site to any other location within 50 miles of the place of production or on farm storage sitehas the meaning given it in section 168.013, subdivision 3, paragraph (d)(3). [EFFECTIVE DATE.] This section is effective the day following final enactment. Sec. 17. Minnesota Statutes 2000, section 169.86, subdivision 5, is amended to read: Subd. 5. [FEE; PROCEEDS TO TRUNK HIGHWAY FUND.] 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) motor vehicles used to alleviate a temporary crisis adversely affecting the safety or well-being of the public; (2) motor vehicles which travel on interstate highways and carry loads authorized under subdivision 1a; (3) motor vehicles operating with gross weights authorized under section 169.825, subdivision 11, paragraph (a), clause (3); (4) special pulpwood vehicles described in section 169.863; and(5) motor vehicles bearing snowplow blades not exceeding ten feet in width; and (6) noncommercial transportation of a boat by the owner or user of the boat. (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) mobile cranes; (2) construction equipment, machinery, and supplies; (3) manufactured homes; (4) implements of husbandry when the movement is not made according to the provisions of paragraph (i); (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. However, this paragraph applies to any vehicle described in section 168.013, subdivision 3, paragraph (b), but only when the vehicle exceeds its gross weight allowance set forth in that paragraph, and then the additional cost is for all weight, including the allowance weight, in excess of the permitted maximum axle weight. 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 utive axles utive axles utive axles limitations spaced within spaced within spaced within on axles 8 feet or less 9 feet or less 14 feet or less 0-2,000 .12 .05 .04 2,001-4,000 .14 .06 .05 4,001-6,000 .18 .07 .06 6,001-8,000 .21 .09 .07 8,001-10,000 .26 .10 .08 10,001-12,000 .30 .12 .09 12,001-14,000 Not permitted .14 .11 14,001-16,000 Not permitted .17 .12 16,001-18,000 Not permitted .19 .15 18,001-20,000 Not permitted Not permitted .16 20,001-22,000 Not permitted Not permitted .20 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). For a vehicle found to exceed the appropriate maximum permitted weight, a cost-per-mile fee of 22 cents per ton, or fraction of a ton, over the permitted maximum weight is imposed in addition to the normal permit fee. Miles must be calculated based on the distance already traveled in the state plus the distance from the point of detection to a transportation loading site or unloading site within the state or to the point of exit from the state. (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. (h) $85 for an annual permit to be issued for a period not to exceed 12 months, for refuse compactor vehicles that carry a gross weight of not more than: 22,000 pounds on a single rear axle; 38,000 pounds on a tandem rear axle; or, subject to section 169.825, subdivision 14, 46,000 pounds on a tridem rear axle. A permit issued for up to 46,000 pounds on a tridem rear axle must limit the gross vehicle weight to not more than 62,000 pounds. (i) For vehicles exclusively transporting implements of husbandry, an annual permit fee of $24. A vehicle operated under a permit authorized by this paragraph may be moved at the discretion of the permit holder without prior route approval by the commissioner if: (1) the total width of the transporting vehicle, including load, does not exceed 14 feet; (2) the vehicle is operated only between sunrise and 30 minutes after sunset, and is not operated at any time after 12:00 noon on Sundays or holidays; (3) the vehicle is not operated when visibility is impaired by weather, fog, or other conditions that render persons and other vehicles not clearly visible at 500 feet; (4) the vehicle displays at the front and rear of the load or vehicle a pair of flashing amber lights, as provided in section 169.59, subdivision 4, whenever the overall width of the vehicle exceeds 126 inches; and (5) the vehicle is not operated on a trunk highway with a surfaced roadway width of less than 24 feet unless such operation is authorized by the permit. A permit under this paragraph authorizes movements of the permitted vehicle on an interstate highway, and movements of 75 miles or more on other highways. [EFFECTIVE DATE.] This section is effective the day following final enactment. Sec. 18. Minnesota Statutes 2000, section 169.974, subdivision 5, is amended to read: Subd. 5. [DRIVING RULES.] (a) An operator of a motorcycle shall ride only upon a permanent and regular seat which is attached to the vehicle for that purpose. No other person shall ride on a motorcycle; except that passengers may ride upon a permanent and regular operator's seat if designed for two persons, or upon additional seats attached to the vehicle to the rear of the operator's seat, or in a sidecar attached to the vehicle; provided, however, that the operator of a motorcycle shall not carry passengers in a number in excess of the designed capacity of the motorcycle or sidecar attached to it. No passenger shall be carried in a position that will interfere with the safe operation of the motorcycle or the view of the operator. (b) No person shall ride upon a motorcycle as a passenger unless, when sitting astride the seat, the person can reach the foot rests with both feet. (c) No person, except passengers of sidecars or drivers and passengers of three-wheeled motorcycles, shall operate or ride upon a motorcycle except while sitting astride the seat, facing forward, with one leg on either side of the motorcycle. (d) No person shall operate a motorcycle while carrying animals, packages, bundles, or other cargo which prevent the person from keeping both hands on the handlebars. (e) No person shall operate a motorcycle between lanes of moving or stationary vehicles headed in the same direction, nor shall any person drive a motorcycle abreast of or overtake or pass another vehicle within the same traffic lane, except that motorcycles may, with the consent of both drivers, be operated not more than two abreast in a single traffic lane. (f) Motor vehicles including motorcycles are entitled to the full use of a traffic lane and no motor vehicle may be driven or operated in a manner so as to deprive a motorcycle of the full use of a traffic lane. (g) A person operating a motorcycle upon a roadway must be granted the rights and is subject to the duties applicable to a motor vehicle as provided by law, except as to those provisions which by their nature can have no application. (h) Paragraph (e) of this subdivision does not apply to police officers in the performance of their official duties. (i) No person shall operate a motorcycle on a street or highway unless the headlight or headlights are lighted at all times the motorcycle is so operated. (j) A person parking a motorcycle on the roadway of a street or highway must: (1) if parking in a marked parking space, park the motorcycle completely within the marked space; and (2) park the motorcycle in such a way that the front of the motorcycle is pointed or angled toward the nearest lane of traffic to the extent practicable and necessary to allow the operator to (i) view any traffic in both directions of the street or highway without having to move the motorcycle into a lane of traffic and without losing balance or control of the motorcycle, and (ii) ride the motorcycle forward and directly into a lane of traffic when the lane is sufficiently clear of traffic. Sec. 19. [171.3216] [ACTIONS ON SCHOOL BUS ENDORSEMENT.] In addition to any authority granted under section 171.3215, the commissioner may cancel a school bus driver's endorsement on a driver's license of any person if the commissioner determines that the person has (1) been convicted of a gross misdemeanor that the commissioner determines shows evidence that the person represents a risk to public safety, or (2) been convicted of a series of violations of law that the commissioner determines shows evidence that the person represents a risk to public safety. Upon canceling the offender's school bus driver endorsement, the commissioner shall immediately notify the offender of the cancellation in writing, by depositing in the United States Post Office a notice, with postage prepaid, to the offender addressed to the offender's last known address. Sec. 20. Minnesota Statutes 2000, section 221.0252, subdivision 3, is amended to read: Subd. 3. [AUDIT; INSPECTION.] (a) Within 90 days of issuing a new certificate of registration to a carrier under this section, and before issuing an annual renewal of a certificate of registration, the commissioner shall: (1) conduct an audit of the carrier's records; (2) inspect the vehicles the carrier uses in its motor carrier operation to determine if they comply with the federal regulations incorporated in section 221.0314 or accept for filing proof that a complete vehicle inspection was conducted within the previous one year by a commercial vehicle inspector of the department of public safety or an inspector certified by the commissioner of public safety under section 169.781; (3) verify that the carrier has a designated office in Minnesota where the books and files necessary to conduct business and the records required by this chapter are kept and shall bemade available for inspection by the commissioner; (4) audit the carrier's drivers' criminal background and safety records; and (5) verify compliance with the insurance requirements of section 221.141. (b) To streamline the audit process and to reduce the regulatory burden on carriers, the commissioner may reduce the number of vehicle inspections and records audited under paragraph (a) if the commissioner has sufficient information from federal and state motor carrier safety data about a carrier's operations to determine a carrier's safety fitness as described in Code of Federal Regulations, title 49, section 385.7. At a minimum, the commissioner must conduct the record audit in paragraph (a) once in four years. (c) The commissioner and the commissioner of public safety shall, through an interagency agreement, coordinate vehicle inspection activities to avoid duplication of annual vehicle inspections to minimize the burden of compliance on carriers and to maximize the efficient use of state resources. Sec. 21. Minnesota Statutes 2000, section 221.0314, is amended by adding a subdivision to read: Subd. 3b. [FEDERAL WAIVER, EXEMPTION.] Notwithstanding subdivisions 3 and 3a, a Minnesota intrastate waiver is not required in Minnesota intrastate commerce if that person holds a valid interstate waiver or comparable document for physical qualifications described in Code of Federal Regulations, title 49, section 391.41. Sec. 22. Minnesota Statutes 2000, section 221.0355, subdivision 2, is amended to read: Subd. 2. [DEFINITIONS.] For purposes of this section, the following words and phrases have the meanings given them in this subdivision: (a) "Base state" means the state selected by a carrier according to the procedures established by the uniform program. (b) "Base state agreement" means the agreement between participating states electing to register or permit carriers of hazardous material or hazardous waste. (c) "Carrier" means a person who operates a motor vehicle used to transport hazardous material or hazardous waste. (d) "Designated hazardous material" means a hazardous material described in Code of Federal Regulations, title 49, section 107.601, which is incorporated by reference. (e) "Hazardous material" means: (1) a hazardous material when the hazardous material is of a type or in a quantity that requires the transport vehicle to be placarded in accordance with Code of Federal Regulations, title 49, part 172; or (2) a hazardous substance or marine pollutant when transported in bulk packaging as defined in Code of Federal Regulations, title 49, section 171.8, which is incorporated by reference. (f) "Hazardous material transportation" means the transportation of hazardous material or hazardous waste, or both, on the public highways. (g) "Hazardous waste" means hazardous waste of a type and amount that requires the shipment to be accompanied by a uniform hazardous waste manifest described in Code of Federal Regulations, title 40, part 262, including state-designated hazardous wastes when a list of state-designated hazardous wastes has been filed by the state with the national repository under the uniform program. (h) "Participating state" means a state electing to participate in the uniform program by entering a base state agreement. (i) "Person" means an individual, firm, copartnership, cooperative, company, association, limited liability company, corporation, or public entity. (j) "Public entity" means a carrier who is a federal or state agency or political subdivision. (k) "Shipper" means a person who offers a designated hazardous material to another person for shipment or who causes a designated hazardous material to be transported or shipped by another person. (l) "Uniform application" means the uniform motor carrier registration and permit application form established under the uniform program. (m) "Uniform program" means the Uniform State Hazardous Materials Transportation Motor Carrier Registration and Permit Program established in the report submitted to the secretary of transportation pursuant to the "Hazardous Materials Transportation Uniform Safety Act of 1990," United States Code, title 49 appendix, section 1819, subsection (c). Sec. 23. Minnesota Statutes 2000, section 221.0355, subdivision 3, is amended to read: Subd. 3. [GENERAL REQUIREMENTS.] Except as provided in subdivision 17, after October 1, 1994: (a) No carrier, other than a public entity, may transport a hazardous material by motor vehicle in Minnesota unless it has complied with subdivision 4. (b) No carrier, other than a public entity, may transport a hazardous waste in Minnesota unless it has complied with subdivisions 4 and 5. (c) No shipper may offer a designated hazardous material for shipment or cause a designated hazardous material to be transported or shipped in Minnesota unless it has complied with subdivision 7. (d) No carrier, other than a public entity, may transport a designated hazardous material by rail or water in Minnesota unless it has complied with subdivision 7a. (e) No public entity may transport a hazardous material or hazardous waste by motor vehicle in Minnesota unless it has complied with subdivision 8. (f) A carrier registered under this section, who exclusively offers designated materials for shipment only in vehicles controlled or operated by that carrier and who does not offer hazardous materials to other private or for-hire carriers, is not required to register as a shipper under subdivision 7. Sec. 24. Minnesota Statutes 2001 Supplement, section 221.221, subdivision 2, is amended to read: Subd. 2. [ENFORCEMENT POWERS.] Transportation program specialists and hazardous material program specialists of the department, for the purpose of enforcing the provisions of(1) this chapter, sections 169.781 to 169.783 relating to commercial vehicle inspections, and section 296A.27, subdivisions 6 and 12, relating to motor carrier licenses and trip permits, (2) Code of Federal Regulations, title 49, parts 40 and 382, and (3) the applicable rules, orders, or directives of the commissioner of transportation and the commissioner of revenue, issued under this chapter and chapter 296A, but for no other purpose, have the powers conferred by law upon police officers. The powers include the authority to conduct inspections at designated highway weigh stations or under other appropriate circumstances. Sec. 25. Minnesota Statutes 2000, section 221.221, subdivision 4, is amended to read: Subd. 4. [DOCUMENT INSPECTION.] Records, log books, certificates, licenses, shipping documents, or other papers or documents required to determine compliance with this chapter and, rules adopted under this chapter, and Code of Federal Regulations, title 49, parts 40 and 382, must be presented for inspection, upon request, to a peace officer or police officer or other person empowered to enforce the provisions ofthis chapter. Sec. 26. Minnesota Statutes 2000, section 221.605, subdivision 1, is amended to read: Subdivision 1. [FEDERAL REGULATIONS.] (a) Interstate carriers and private carriers engaged in interstate commerce shall comply with the federal motor carrier safetyregulations ,in Code of Federal Regulations, title 49, parts 40, 382, 387, and 390 tothrough 398 ; with Code of Federal Regulations, title 49, part 40;and with the rules of the commissioner concerning inspections, vehicle and driver out-of-service restrictions and requirements, and vehicle, driver, and equipment checklists. For purposes of regulating commercial motor vehicles as defined in section 169.781, subdivision 1, the exemption provided in Code of Federal Regulations, title 49, section 396.11, paragraph (d), applies in Minnesota only to driveaway-towaway operations. (b) An interstate carrier or private carrier engaged in interstate commerce who complies with federal regulations governing testing for controlled substances and alcohol is exempt from the requirements of sections 181.950 to 181.957 unless the carrier's drug testing program provides for testing for controlled substances in addition to those listed in Code of Federal Regulations, title 49, section 40.21, paragraph (a)40.85. Persons subject to this section may test for drugs, in addition to those listed in Code of Federal Regulations, title 49, section 40.21, paragraph (a)40.85, only in accordance with sections 181.950 to 181.957 and rules adopted under those sections. Sec. 27. Minnesota Statutes 2000, section 360.305, subdivision 4, is amended to read: Subd. 4. [COSTS ALLOCATED; LOCAL CONTRIBUTION; HANGAR CONSTRUCTION REVOLVING ACCOUNT.] (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 of the airport, in connection with which the assistance of the state is sought. These costs are referred to as project costs. (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: (1) the project costs; (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. (d) The commissioner may pay the total cost of radio and navigational aids. (e) Notwithstanding 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. (f) Notwithstanding 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 paragraph exceed five percent of the amount appropriated for construction grants. (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 20 years after the date that 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. (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$4,400,000 from the state airports fund to the hangar construction revolving account. (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 paragraph (g). (j) This subdivision shall apply only to project costs or acquisition costs of municipally owned airports which are incurred after June 1, 1971. Sec. 28. Laws 2001, First Special Session chapter 8, article 1, section 8, is amended to read: Sec. 8. [DEPARTMENT OF TRANSPORTATION DISTRICT 1 CONSTRUCTION BUDGET.] The commissioner of transportation shall reduce the construction budget of the department of transportation construction district 1 by $35,000,000$24,700,000 over the period from fiscal year 2003 through fiscal year 2007, in order to repay the advance of highway construction funds in fiscal years 2001 and 2002. The reduction in each year of the period must equal the cost of trunk highway construction projects that were originally scheduled to be constructed during that year that were constructed in fiscal year 2001 or 2002 insteadbe approximately $5,000,000 until the funds advanced have been repaid. [EFFECTIVE DATE.] This section is effective the day following final enactment. Sec. 29. Laws 2001, First Special Session chapter 8, article 2, section 6, is amended to read: Sec. 6. [STATE AID FOR CITIES.] A city that has previously been classified as having a population of 5,000 or more for the purposes of Minnesota Statutes, chapter 162, and that has a population greater than 4,900 but less than 5,000 according to the 2000 federal census, is deemed to have a population of 5,000 for purposes of Minnesota Statutes, chapter 162 , until June 30, 2004. Sec. 30. Laws 2002, chapter 220, article 10, section 37, is amended to read: Sec. 37. [MORATORIUM ON CONSULTANT CONTRACTS.] (a) An entity in the executive branch of state government, including the Minnesota state colleges and universities, may not enter into a new contract or renew an existing contract for professional or technical services after the effective date of this section and before July 1, 2003. This section does not apply to a contract: (1) that relates to a threat to public health, welfare, or safety that threatens the functioning of government, the protection of property, or the health or safety of people; or(2) that is paid for entirely with federal funds received before the effective date of this section; (3) that is paid entirely with funds from the state airports fund, trunk highway fund, county state-aid highway fund, or municipal state-aid street fund; or (4) for a trunk highway project of a type described in Laws 2000, chapter 479, article 1, section 2, subdivision 3, paragraph (a), clauses (1) to (3). (b) An entity in the executive branch may apply for a waiver of the moratorium by sending a letter with reasons for the request to the commissioner of administration for executive branch entities. Upon a finding that a consultant contract is necessary, the commissioner may grant a waiver. The decision of the commissioner is final and not subject to appeal. A monthly report of all waivers granted must be filed by the entity granting the waiver. The report must be published on the entity's Web site, and copies must be provided to the chairs of the house ways and means and senate finance committees and to the legislative reference library. Sec. 31. [ST. CROIX RIVER BRIDGE.] Until July 1, 2003, the commissioner of transportation may not cancel or remove from the commissioner's statewide transportation improvement program, the trunk highway project that would construct a new bridge across the St. Croix river at or near the terminus of marked trunk highway No. 36. Sec. 32. [TRUNK HIGHWAY 169 RECONSTRUCTION; PEDESTRIAN SIGNAL.] (a) The commissioner of transportation shall, as part of the reconstruction of marked trunk highway No. 169 (Ferry Street) in Anoka, prepare a new signal agreement relating to the new pedestrian signal located between Benton Street and Fremont Street. All costs related to installation of the new pedestrian signal must be paid by the city of Anoka. (b) Notwithstanding Minnesota Statutes, sections 169.162 to 169.167: (1) The commissioner may annually review the installation of the signal at the east frontage road, as described in signal agreement No. 81393R. (2) The new pedestrian signal must be designated as the priority signal, and the commissioner may remove the signal described in clause (1) if the commissioner determines that the signal described in clause (1) is detrimental to the safe operation and functionality of the trunk highway. [EFFECTIVE DATE.] This section is effective the day following final enactment. Sec. 33. [PROTECTION OF NATURAL FLOW.] A stipulation agreement entered into between the Minnehaha Creek watershed district and the Minnesota department of transportation concerning the controversy at issue in Court File No. MC01-07478 in the fourth judicial district of Hennepin county, has the force of law and supersedes the provisions of Laws 2001, chapter 101, section 1. [EFFECTIVE DATE.] This section is effective the day following final enactment. Sec. 34. [INTERREGIONAL CORRIDOR DESIGNATION.] The commissioner of transportation shall by August 30, 2002, designate high priority interregional corridors that connect regional trade and population centers within the state to Canadian provinces and serve as trade and tourism routes between the state and Canadian provinces. Sec. 35. [TRUNK HIGHWAY CORRIDOR-PROTECTION DEMONSTRATION PROJECT.] Subdivision 1. [ESTABLISHMENT OF PROJECT.] (a) The commissioner of transportation, in cooperation with the trunk highway No. 55 joint powers board, shall establish a corridor-protection demonstration project along the corridor of marked trunk highway No. 55 between marked interstate highway No. 494 in Hennepin county and the city of Annandale in Wright county. The purpose of the corridor-protection demonstration project is to develop a transferable process and methodologies for trunk highway corridor coalitions to use in protecting a corridor for future capacity needs, such as for additional lanes, safety improvements, improved access management, and bus transit services. (b) The commissioner, or a designee, shall participate as a nonvoting member of the trunk highway No. 55 joint powers board, provide technical advice and guidance relating to developing a corridor-protection plan and official map, and may provide a grant to the board to hire a consultant. The grant is available only upon the formation of a trunk highway No. 55 joint powers board that, at a minimum, includes the counties of Hennepin and Wright, and a majority of the cities and townships that include or border trunk highway signed No. 55 between interstate highway signed No. I-494 and the city of Annandale. The joint powers board shall use the grant to hire a consultant to conduct, at a minimum, the following activities: (1) develop a preliminary plan and layout for the future boundaries and right-of-way needs of the highway corridor; (2) develop an official map of the corridor; (3) conduct at least one official public hearing in the corridor upon completion of the official map; (4) assist the municipalities in making any necessary comprehensive plan amendments, zoning changes, or ordinance changes; and (5) educate the municipalities regarding appropriate strategies, procedures, and tools to use to protect the corridor for the planned right-of-way needs. Subd. 2. [REPORT TO LEGISLATURE.] By January 15, 2004, the commissioner shall report the results of the corridor-protection demonstration project to the committees of the senate and house of representatives with jurisdiction over transportation policy and finance. The report must include findings regarding the effectiveness of assisting communities in developing a corridor-protection plan and official map and estimates of future right-of-way savings due to early implementation of right-of-way protection mechanisms. Sec. 36. [EXEMPTION FROM MATCHING REQUIREMENT.] All money received under Public Law Number 107-71, the Aviation and Transportation Security Act, is exempt from the matching requirements of Minnesota Statutes, section 360.305, subdivision 4. Sec. 37. [PERMIT FOR BIKEWAY IN CHANHASSEN.] Subdivision 1. [BIKEWAY REQUIREMENTS.] (a) For purposes of this section, the terms "bikeway" and "roadway" have the meanings given them in Minnesota Statutes, section 169.01, and the term "pedestrian walkway" has the meaning given it in Minnesota Rules 2001, part 8810.6000. (b) Notwithstanding other law to the contrary, within 30 days of the effective date of this section the commissioner of transportation shall grant a permit to the city of Chanhassen to construct a bikeway on the west side of trunk highway signed No. 101 from its intersection with trunk highway signed No. 62 to its intersection with West 78th street in the city of Chanhassen. (c) Notwithstanding any rule or standard of the commissioner of natural resources governing the width of bikeways or bicycle trails, the permit shall allow the construction of a bikeway (1) that is paved, is six feet wide, and allows for two-way bicycle travel, (2) that may be located within the highway right-of-way, (3) that also allows use as a pedestrian walkway, and (4) that otherwise complies with the minimum requirements of Minnesota Rules 2001, part 8810.6600. (d) The bicycle path must be constructed within applicable department design standards and utilizing highway right-of-way to the greatest extent possible with minimum impact on adjacent properties and on mature, quality trees. (e) The city of Chanhassen may, but is not required to, enter into a contract with the commissioner of transportation for construction of the bicycle path. Subd. 2. [BIKEWAY RESPONSIBILITY FOLLOWING HIGHWAY RECONSTRUCTION.] The commissioner of transportation shall repair, restore, or reconstruct the bikeway or, if necessary, construct a new bikeway as necessary following any subsequent repair, expansion, or reconstruction, in conjunction with the turnback of that segment of trunk highway signed No. 101 described in subdivision 1, paragraph (b). Sec. 38. [NORTHERN ZONE LOAD RESTRICTION STUDY.] The commissioner of transportation shall conduct a study of load restrictions and seasonal load increases in the northern zone of Minnesota and make recommendations regarding the establishment of one or more new zones given the varying climate in the northern area of the state. The commissioner shall report findings back to the committees of the senate and house of representatives with jurisdiction over transportation policy by December 15, 2002. [EFFECTIVE DATE.] This section is effective the day following final enactment. Sec. 39. [TECHNICAL ADVISORY GROUP.] Subdivision 1. [CREATION.] The commissioner of transportation shall create a technical advisory group consisting of one senior manager and two administration staff from each of the following state agencies: (1) department of transportation; (2) department of natural resources; (3) pollution control agency; and (4) the board of soil and water resources. The group shall conduct research, evaluate alternatives, and make findings and recommendations on streamlining the process of environmental review for transportation-related projects. The commissioner of each agency shall appoint the respective members from that agency by July 1, 2002. The commissioner of transportation or a senior manager appointed by the commissioner of transportation shall chair the group. Subd. 2. [REPORT.] The technical advisory group shall submit a comprehensive report to the senate and house of representatives committees having jurisdiction over environmental policy and transportation policy and finance by January 15, 2003. The report must make findings and recommendations, including actions that should be taken, recommendations on reporting mitigating costs for the previous five years and for the future, and the statutory changes necessary to effect a more streamlined process for environmental review, assessment, and approval without weakening the substance of existing environmental protections. Sec. 40. [BRAINERD LAKES REST AREA.] (a) Notwithstanding other law: (1) the commissioner of transportation may enter into a joint venture with Crow Wing county, the commissioner of natural resources, and the Brainerd Lakes area chamber of commerce or similar nonprofit entity that provides regional travel information and services in connection with the operation of facilities at the class I rest area to be constructed between Brainerd and Little Falls on state highway No. 371 in the vicinity of the Crow Wing state park; (2) the chamber or similar entity may be a tenant in the facility and may operate, advertise membership, run a concession, including a gift shop in the facility, and take revenue from the concession to support its nonprofit activities within the rest area building; (3) the commissioner may enter into a lease with the chamber or similar entity. The lease may be for a term of up to 20 years and may be renewed for additional terms of up to 20 years. Some or all of the consideration from the chamber or similar entity for the lease may be in the form of in-kind contribution to improvements to the rest area facility; and (4) the chamber or similar entity may advertise its presence and services in the rest area along state highways, including on rest area grounds and along state highway No. 371 within one-half mile of the rest area exit. (b) The conditions, exemptions, and terms set out in this act are intended to apply only to the rest area to be built on state highway No. 371 between Little Falls and Brainerd. (c) It is understood that because of lack of available funding and other higher priorities, the unique circumstances, including exceptional volume, site requirements and limitations, and other unique circumstances, the rest area could not be built and operated in the most desirable way without the contributions of all the parties. (d) The commissioner of transportation and the partners in this rest area shall mutually develop and execute an agreement to identify and accept responsibility for their respective portion of construction, maintenance, and operating costs of the facility based on their spatial requirements. The responsibilities could be through direct funding or in-kind contributions as mutually agreed. Sec. 41. [REPEALER.] Minnesota Statutes 2000, section 221.0313, is repealed. Minnesota Statutes 2001 Supplement, section 161.362, is repealed. Presented to the governor May 8, 2002 Signed by the governor May 9, 2002, 11:43 a.m.
Official Publication of the State of Minnesota
Revisor of Statutes