Minnesota Session Laws - 2010, Regular Session

CHAPTER 350--S.F.No. 1060

An act

relating to transportation; modifying management, priorities, research, and planning provisions related to Department of Transportation; requiring reports;

amending Minnesota Statutes 2008, sections 161.53; 165.03, by adding a subdivision; 174.02, subdivision 1a, by adding a subdivision; 174.03, subdivision 1a, by adding a subdivision; proposing coding for new law in Minnesota Statutes, chapters 167; 174.

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

Section 1.

Minnesota Statutes 2008, section 161.53, is amended to read:

161.53 RESEARCH ACTIVITIES.

new text begin (a) new text end The commissioner may set aside in each fiscal year up to two percent of the total amount of all funds appropriated to the commissioner other than county state-aid and municipal state-aid highway funds for transportation research including public and private research partnerships. The commissioner shall spend this money for (1) research to improve the design, construction, maintenance, management, and environmental compatibility of transportation systems new text begin , including research into and implementation of innovations in bridge-monitoring technology and bridge inspection technology; bridge inspection techniques and best practices; and the cost-effectiveness of deferred or lower cost highway and bridge design and maintenance activities and their impacts on long-term trunk highway costs and maintenance needs new text end ; (2) research on transportation policies that enhance energy efficiency and economic development; (3) programs for implementing and monitoring research results; and (4) development of transportation education and outreach activities.

new text begin (b) new text end Of all funds appropriated to the commissioner other than state-aid funds, the commissioner shall spend at least 0.1 percent, but not exceeding $1,200,000 in any fiscal year, for research and related activities performed by the Center for Transportation Studies of the University of Minnesota. The center shall establish a technology transfer and training center for Minnesota transportation professionals.

Sec. 2.

Minnesota Statutes 2008, section 165.03, is amended by adding a subdivision to read:

new text begin Subd. 8. new text end

new text begin Biennial report on bridge inspection quality assurance. new text end

new text begin By February 1 of each odd-numbered year, the commissioner shall submit a report electronically to the members of the senate and house of representatives committees with jurisdiction over transportation policy and finance concerning quality assurance for bridge inspections. At a minimum, the report must: new text end

new text begin (1) summarize the bridge inspection quality assurance and quality control procedures used in Minnesota; new text end

new text begin (2) identify any substantive changes to quality assurance and quality control procedures made in the previous two years; new text end

new text begin (3) summarize and provide a briefing on findings from bridge inspection quality reviews performed in the previous two years; new text end

new text begin (4) identify actions taken and planned in response to findings from bridge inspection quality reviews performed in the previous two years; new text end

new text begin (5) summarize the results of any bridge inspection compliance review by the Federal Highway Administration; and new text end

new text begin (6) identify actions in response to the Federal Highway Administration compliance review taken by the department in order to reach full compliance. new text end

Sec. 3.

new text begin [167.60] DEBT-FINANCING MANAGEMENT POLICY. new text end

new text begin (a) By July 1, 2010, the commissioner shall develop a debt-financing management policy for trunk highway bonds, federal advanced construction funds, and other forms of highway financing based on debt or future repayment. The policy must be used by the department to guide decision making related to debt financing. The commissioner may update the policy as necessary. In developing and updating the policy, the commissioner shall consult with the commissioner of management and budget and the chairs and ranking minority members of the senate and house of representatives committees with jurisdiction over transportation finance. new text end

new text begin (b) The debt-financing management policy must address relevant financial issues, including, but not limited to: new text end

new text begin (1) limits on cumulative amounts of debt for the trunk highway system from all state and federal sources; new text end

new text begin (2) eligibility of projects for debt-financing funds; new text end

new text begin (3) allocation and use of funds; new text end

new text begin (4) terms of debt service and methods of repayment; new text end

new text begin (5) management of trunk highway fund balance impacts; and new text end

new text begin (6) mitigation of risks from different forms of debt financing. new text end

new text begin (c) Upon creation or formal revision of the debt-financing management policy, the commissioner shall distribute electronic copies to the members of the senate and house of representatives committees with jurisdiction over transportation finance, and as required for reports to the legislature under section 3.195, subdivision 1. new text end

Sec. 4.

Minnesota Statutes 2008, section 174.02, subdivision 1a, is amended to read:

Subd. 1a.

Mission; efficiency; legislative report, recommendations.

It is part of the department's mission that within the department's resources the commissioner shall endeavor to:

(1) prevent the waste or unnecessary spending of public money;

(2) use innovative fiscal and human resource practices to manage the state's resources and operate the department as efficiently as possible;

(3) minimize the degradation of air and water quality;

(4) coordinate the department's activities wherever appropriate with the activities of other governmental agencies;

(5) use technology where appropriate to increase agency productivity, improve customer service, increase public access to information about government, and increase public participation in the business of government;

(6) utilize constructive and cooperative labor-management practices to the extent otherwise required by chapters 43A and 179A;

(7) new text begin ensure that the safety, maintenance, and preservation of Minnesota's transportation infrastructure is a primary priority; new text end

new text begin (8) new text end report to the legislature on the performance of agency operations and the accomplishment of agency goals in the agency's biennial budget according to section 16A.10, subdivision 1; and

deleted text begin (8) deleted text end new text begin (9) new text end recommend to the legislature appropriate changes in law necessary to carry out the mission and improve the performance of the department.

Sec. 5.

Minnesota Statutes 2008, section 174.02, is amended by adding a subdivision to read:

new text begin Subd. 8. new text end

new text begin Electronic reports. new text end

new text begin For any legislative report required to be submitted by the commissioner by law, in which the report may or must be submitted electronically, the commissioner shall meet the requirements under section 3.195, subdivision 1. new text end

Sec. 6.

Minnesota Statutes 2008, section 174.03, subdivision 1a, is amended to read:

Subd. 1a.

Revision of deleted text begin state deleted text end new text begin statewide multimodal new text end transportation plan.

new text begin (a) new text end The commissioner shall revise the deleted text begin state deleted text end new text begin statewide multimodal new text end transportation plan by January deleted text begin 1 deleted text end new text begin 15 new text end , deleted text begin 1996, January 1, 2000, and, if the requirements of clauses (1) and (2) have been met in the previous revision deleted text end new text begin 2013 new text end , new text begin and new text end by January deleted text begin 1 deleted text end new text begin 15 new text end of every deleted text begin third even-numbered year deleted text end new text begin four years new text end thereafter. Before final adoption of a revised plan, the commissioner shall hold a hearing to receive public comment on the preliminary draft of the revised plan.

deleted text begin The deleted text end new text begin (b) Each new text end revised deleted text begin state deleted text end new text begin statewide multimodal new text end transportation plan must:

(1) incorporate the goals of the state transportation system in section 174.01; deleted text begin and deleted text end

(2) establish objectives, policies, and strategies for achieving those goals deleted text begin . deleted text end new text begin ; and new text end

new text begin (3) identify performance targets for measuring progress and achievement of transportation system goals, objectives, or policies. new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment. new text end

Sec. 7.

Minnesota Statutes 2008, section 174.03, is amended by adding a subdivision to read:

new text begin Subd. 1c. new text end

new text begin Statewide highway 20-year capital investment plan. new text end

new text begin By January 15, 2013, and in conjunction with each future revision of the statewide multimodal transportation plan, the commissioner shall prepare a 20-year statewide highway capital investment plan that: new text end

new text begin (1) incorporates performance measures and targets for assessing progress and achievement of the state's transportation goals, objectives, and policies identified in this chapter for the state trunk highway system, and those goals, objectives, and policies established in the statewide multimodal transportation plan. Performance targets must be based on objectively verifiable measures, and address, at a minimum, preservation and maintenance of the structural condition of state highway bridges and pavements, safety, and mobility; new text end

new text begin (2) summarizes trends and impacts for each performance target over the past five years; new text end

new text begin (3) summarizes the amount and analyzes the impact of the department's capital investments and priorities over the past five years on each performance target, including a comparison of prior plan projected costs with actual costs; new text end

new text begin (4) identifies the investments required to meet the established performance targets over the next 20-year period; new text end

new text begin (5) projects available state and federal funding over the 20-year period, including any unique, competitive, time-limited, or focused funding opportunities; new text end

new text begin (6) identifies strategies to ensure the most efficient use of existing transportation infrastructure, and to maximize the performance benefits of projected available funding; new text end

new text begin (7) establishes investment priorities for projected funding, including a schedule of major projects or improvement programs for the 20-year period together with projected costs and impact on performance targets; and new text end

new text begin (8) identifies those performance targets identified under clause (1) not expected to meet the target outcome over the 20-year period together with alternative strategies that could be implemented to meet the targets. new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment. new text end

Sec. 8.

new text begin [174.93] GUIDEWAY INVESTMENT. new text end

new text begin Subdivision 1. new text end

new text begin Definitions. new text end

new text begin (a) For purposes of this section, the following terms have the meanings given: new text end

new text begin (1) "commissioner" means the commissioner of transportation; and new text end

new text begin (2) "guideway" means a form of transportation service provided to the public on a regular and ongoing basis, that operates on exclusive or controlled rights-of-way or rails in whole or in part, and includes each line for intercity passenger rail, commuter rail, light rail transit, streetcars, and bus rapid transit. new text end

new text begin (b) For purposes of this section, "sources of funds" includes, but is not limited to, money from federal aid, state appropriations, the Metropolitan Council, special taxing districts, local units of government, fare box recovery, and nonpublic sources. new text end

new text begin Subd. 2. new text end

new text begin Legislative report. new text end

new text begin (a) By November 15 in every odd-numbered year, the commissioner shall prepare, in collaboration with the Metropolitan Council, and submit a report electronically to the chairs and ranking minority members of the house of representatives and senate committees with jurisdiction over transportation policy and finance concerning the status of guideway projects (1) currently in study, planning, development, or construction; (2) identified in the transportation policy plan under section 473.146; or (3) identified in the comprehensive statewide freight and passenger rail plan under section 174.03, subdivision 1b. new text end

new text begin (b) At a minimum, the report must include, for each guideway project: new text end

new text begin (1) a brief description of the project, including projected ridership; new text end

new text begin (2) a summary of the overall status and current phase of the project; new text end

new text begin (3) a timeline that includes (i) project phases or milestones; (ii) expected and known dates of commencement of each phase or milestone; and (iii) expected and known dates of completion of each phase or milestone; new text end

new text begin (4) a brief progress update on specific project phases or milestones completed since the last previous submission of a report under this subdivision; and new text end

new text begin (5) a summary financial plan that identifies, to the extent available: new text end

new text begin (i) capital expenditures, including expenditures to date and total projected expenditures, with a breakdown by committed and proposed sources of funds for the project; and new text end

new text begin (ii) estimated annual operations and maintenance expenditures reflecting the level of detail available in the current phase of the project development, with a breakdown by committed and proposed sources of funds for the projects in the Metropolitan Council's transportation policy plan. new text end

Sec. 9.

new text begin REPORT ON DEPARTMENT OF TRANSPORTATION MANAGEMENT CHANGES. new text end

new text begin (a) By February 1, 2011, the commissioner of transportation shall submit a report electronically to the members of the senate and house of representatives committees with jurisdiction over transportation policy and finance concerning recent changes in the department's organizational structure, internal procedures and practices, and anticipated budget. The report must include, but is not limited to: new text end

new text begin (1) a summary and review of the department organizational structure for bridge management, maintenance, and inspections, including a brief explanation of any relevant structural or organizational changes made since August 1, 2007; new text end

new text begin (2) an analysis of the division of bridge-related duties and decision-making responsibilities between districts and central administration; new text end

new text begin (3) a summary of current agency procedures and processes, and any changes made since August 1, 2007, related to: new text end

new text begin (i) initiation of bridge re-rating and use of bridge inspection findings in the re-rating process; new text end

new text begin (ii) implementation of agencywide standards for documenting bridge inspection findings and decision making for postinspection bridge maintenance; and new text end

new text begin (iii) other changes designed to ensure or enhance the safety of Minnesota's transportation infrastructure; and new text end

new text begin (4) a budget analysis of anticipated funding and funding allocations for pavement preservation and highway maintenance, safety projects, mobility enhancement projects, and highway and bridge construction, for fiscal years 2012 through 2018, including a discussion of any anticipated budgetary challenges or risks. new text end

new text begin (b) In addition to an electronic report, the commissioner shall prepare a summary of findings from the report for distribution and oral testimony to the chairs of the senate and house of representatives committees with jurisdiction over transportation finance, who shall make every reasonable effort to arrange testimony from the department during the 2011 legislative session. new text end

Presented to the governor May 12, 2010

Signed by the governor May 14, 2010, 8:01 p.m.