Minnesota Legislature
SF 1525
2nd Engrossment - 89th Legislature (2015 - 2016) Posted on 03/11/2016 03:51pm
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A bill for an act
relating to transportation; modifying various provisions impacting or enforced
by the Department of Transportation; making technical changes; amending
Minnesota Statutes 2014, sections 160.20, subdivision 4; 160.266, subdivisions
2, 3, by adding subdivisions; 161.321, subdivisions 2a, 2c, 4.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
Section 1.
Minnesota Statutes 2014, section 160.20, subdivision 4, is amended to read:
Subd. 4.
Conditions.
(a) A road authority may accept applications for permits for
installation of drain tile along or across the right-of-way under its jurisdiction. The road
authority may adopt reasonable rules for the installations and may require a bond before
granting a permit. Permits for installation along a highway right-of-way must ensure that
the length of the installation is restricted to the minimum necessary to achieve the desired
agricultural benefits. A permit must not allow open trenches to be left on the right-of-way
after installation of the drain tile is completed. A road authority that grants a permit for
tile drain installation is not responsible for damage to that installation resulting from the
action of the authority or any other permittee utilizing the right-of-way.
(b) A person who installs drain tile along or across a highway right-of-way without
obtaining a permit as provided in this section is guilty of a misdemeanor.
(c) The commissioner shall take no action under this section which will result in the
loss of federal aid for highway construction in the state.
(d) For the purpose of deleted text begin this sectiondeleted text end new text begin subdivisions 2 to 4new text end , "highway" means any
highway as defined in section 160.02 which is located outside the corporate limits of a
home rule charter or statutory city.
Sec. 2.
Minnesota Statutes 2014, section 160.266, subdivision 2, is amended to read:
Subd. 2.
Creation.
The commissioner, in cooperation with road and trail authorities
including the commissioner of natural resources, shall identify deleted text begin a bikeway that originates at
Itasca State Park in Clearwater, Beltrami, and Hubbard Counties, then generally parallels
the Mississippi River through the cities of Bemidji in Beltrami County, Grand Rapids in
Itasca County, Brainerd in Crow Wing County, Little Falls in Morrison County, Sauk
Rapids in Benton County, St. Cloud in Stearns County, Minneapolis in Hennepin County,
St. Paul in Ramsey County, Hastings in Dakota County, Red Wing in Goodhue County,
Wabasha in Wabasha County, Winona in Winona County, and La Crescent in Houston
County to Minnesota's boundary with Iowa and there terminates. Where opportunities
exist, the bikeway may be designated on both sides of the Mississippi Riverdeleted text end new text begin state bikewaysnew text end .
Sec. 3.
Minnesota Statutes 2014, section 160.266, subdivision 3, is amended to read:
Subd. 3.
Connections with other bikeways.
(a) The commissioner, in cooperation
with road and trail authorities including the commissioner of natural resources, shall:
(1) identify existing bikeways of regional significance that are in reasonable proximity
but not connected to the deleted text begin bikewaydeleted text end new text begin bikewaysnew text end established deleted text begin indeleted text end new text begin undernew text end this sectiondeleted text begin , including but
not limited to the Lake Wobegon Trail in the counties of Stearns and Todddeleted text end ; and
(2) support development of linkages between bikeways deleted text begin identified under clause (1)
and the bikewaydeleted text end established deleted text begin indeleted text end new text begin undernew text end this section.
(b) The requirements of this subdivision are a secondary priority for use of funds
available under this section following establishment and enhancement of the deleted text begin bikewaydeleted text end new text begin
bikewaysnew text end under deleted text begin subdivision 1deleted text end new text begin this sectionnew text end .
Sec. 4.
Minnesota Statutes 2014, section 160.266, is amended by adding a subdivision
to read:
new text begin Subd. 6. new text end
new text begin Mississippi River Trail. new text end
new text begin
The Mississippi River Trail bikeway shall
originate at Itasca State Park in Clearwater, Beltrami, and Hubbard Counties, then generally
parallel the Mississippi River through the cities of Bemidji in Beltrami County, Grand
Rapids in Itasca County, Brainerd in Crow Wing County, Little Falls in Morrison County,
Sauk Rapids in Benton County, St. Cloud in Stearns County, Minneapolis in Hennepin
County, St. Paul in Ramsey County, Hastings in Dakota County, Red Wing in Goodhue
County, Wabasha in Wabasha County, Winona in Winona County, and La Crescent
in Houston County to Minnesota's boundary with Iowa and there terminate. Where
opportunities exist, the bikeway may be designated on both sides of the Mississippi River.
new text end
Sec. 5.
Minnesota Statutes 2014, section 160.266, is amended by adding a subdivision
to read:
new text begin Subd. 7. new text end
new text begin James L. Oberstar Memorial Bikeway. new text end
new text begin
The James L. Oberstar Memorial
Bikeway shall originate in the city of St. Paul in Ramsey County, then proceed north
through the cities of North Branch in Chisago County, Hinckley in Pine County, Carlton in
Carlton County, Duluth in St. Louis County, Two Harbors in Lake County, and Grand
Marais in Cook County to Minnesota's boundary with Canada and there terminate.
new text end
Sec. 6.
Minnesota Statutes 2014, section 161.321, subdivision 2a, is amended to read:
Subd. 2a.
Small targeted group business; subcontracting goals.
(a) The
commissionerdeleted text begin , as a condition of awarding a construction contract,deleted text end may set goals deleted text begin that
require thedeleted text end new text begin for targeted group business participation in contracts. As a condition of award,
thenew text end prime contractor new text begin is required new text end to deleted text begin subcontract portions of the contract to small targeted
group businesses. Prime contractors must demonstrate good faith efforts to meet the
project goals.deleted text end deleted text begin The commissioner shall establish a procedure for granting waivers from
the subcontracting requirement when qualified small targeted group businesses are not
reasonably availabledeleted text end new text begin either meet the goal or demonstrate good faith efforts to meet the
goal. The commissioner must establish a procedure for evaluating the good faith efforts
of contractors that do not meet the goalnew text end . The commissioner may establish (1) financial
incentives for prime contractors who exceed the goals set for the use of subcontractors
under this subdivision; and (2) sanctions for prime contractors who fail to make good faith
efforts to meet the goals set under this subdivision.
(b) The small targeted group business subcontracting requirements of this
subdivision do not apply to prime contractors who are small targeted group businesses.
Sec. 7.
Minnesota Statutes 2014, section 161.321, subdivision 2c, is amended to read:
Subd. 2c.
Veteran-owned small business; subcontracting goals.
(a) The
commissionerdeleted text begin , as a condition of awarding a construction contract,deleted text end may set goals deleted text begin that
require the prime contractor to subcontract portions of the contract to veteran-owned small
businessesdeleted text end new text begin for veteran-owned small business participation in contractsnew text end , except when
prohibited by federal law or rule as a condition of receiving federal funds. new text begin As a condition
of award, the new text end prime deleted text begin contractorsdeleted text end new text begin contractornew text end must new text begin either meet the goal or new text end demonstrate good
faith efforts to meet the deleted text begin projectdeleted text end goals. The commissioner deleted text begin shalldeleted text end new text begin mustnew text end establish a procedure
for deleted text begin granting waivers from the subcontracting requirement when qualified veteran-owned
small businesses are not reasonably availabledeleted text end new text begin evaluating the good faith efforts of
contractors that do not meet the goalnew text end . The commissioner may establish (1) financial
incentives for prime contractors who exceed the goals set for the use of subcontractors
under this subdivision; and (2) sanctions for prime contractors who deleted text begin have not been granted
a waiver anddeleted text end fail to new text begin make good faith efforts to new text end meet goals set under this subdivision.
(b) The subcontracting requirements of this subdivision do not apply to prime
contractors who are veteran-owned small businesses.
Sec. 8.
Minnesota Statutes 2014, section 161.321, subdivision 4, is amended to read:
Subd. 4.
Contract awards, limitations.
deleted text begin Contracts awarded pursuant to this section
are subject to all limitations contained in rules adopted bydeleted text end new text begin The commissioner may elect to
subject contracts awarded under this section to limitations contained in rules adopted bynew text end
the commissioner of administration.
Sec. 9. new text begin LEGISLATIVE ROUTE NO. 275 REMOVED.
new text end
new text begin
(a) Minnesota Statutes, section 161.115, subdivision 206, is repealed effective the
day after the commissioner of transportation receives a copy of the agreement between the
commissioner and the governing body of Lac qui Parle County to transfer jurisdiction
of Legislative Route No. 275 and after the commissioner notifies the revisor of statutes
under paragraph (b).
new text end
new text begin
(b) The revisor of statutes shall delete the route identified in paragraph (a) from
Minnesota Statutes when the commissioner of transportation sends notice to the revisor
electronically or in writing that the conditions required to transfer the route have been
satisfied.
new text end
Sec. 10. new text begin ALTERNATIVE DAMAGES APPRAISAL; OFFICE OF
ADMINISTRATIVE HEARINGS.
new text end
new text begin
(a) In lieu of a commissioners' hearing for award of damages under Minnesota
Statutes, section 117.075, the commissioner of transportation is authorized to petition the
court for a referral to the Office of Administrative Hearings. The court may refer the
matter to the Office of Administrative Hearing only if all parties in the project, including
condemnees, consent to the referral. Upon referral to the Office of Administrative
Hearings by the court, an administrative law judge shall conduct a hearing for the purpose
of determining and awarding damages. The hearing must be conducted in a manner
consistent with the contested case procedures under Minnesota Statutes, chapter 14.
Minnesota Statutes, section 117.145, applies to an appeal of the administrative law judge's
determination and award of damages.
new text end
new text begin
(b) The commissioner of transportation may petition for a referral under paragraph
(a) for up to five transportation projects.
new text end
new text begin
(c) This section expires June 30, 2017.
new text end