2006 Minnesota Statutes

174.23 GENERAL POWERS AND DUTIES.
    Subdivision 1. General. The commissioner shall have all powers necessary and convenient
to carry out the provisions of sections 174.21 to 174.27 including the power to: (1) review
applications for financial assistance, execute contracts, and obligate and expend program funds,
upon conditions and limitations as the commissioner deems necessary for purposes of program
and project implementation, operation, and evaluation, (2) accept and disburse federal funds
available for the purposes of sections 174.21 to 174.27, and (3) act upon request as the designated
agent of any eligible person for the receipt and disbursal of federal funds. The commissioner shall
perform the duties and exercise the powers under sections 174.21 to 174.27 in coordination
with and in furtherance of statewide, regional, and local transportation plans and transportation
development programs. The commissioner shall set guidelines for financial assistance under the
public transit subsidy program. The commissioner shall present any proposed guidelines regarding
public transit financial assistance to a legislative committee composed of equal numbers appointed
by the house local and urban affairs and senate transportation committees. The commissioner
shall not implement any new guidelines regarding public transit financial assistance, between the
period January 1, 1981 to April 15, 1982, without the prior approval of that committee.
    Subd. 2. Financial assistance. The commissioner shall seek out and select eligible recipients
of financial assistance under sections 174.21 to 174.27. The commissioner shall establish by rule
the procedures and standards for review and approval of applications for financial assistance
submitted to the commissioner pursuant to sections 174.21 to 174.27. Any applicant shall provide
to the commissioner any financial or other information required by the commissioner to carry out
the commissioner's duties. The commissioner may require local contributions from applicants as a
condition for receiving financial assistance. Before the commissioner approves any grant, the
application for the grant shall be reviewed and approved by the appropriate regional development
commission only for consistency with regional transportation plans and development guides. If an
applicant proposes a project within the jurisdiction of a transit authority or commission or a transit
system assisted or operated by a city or county, the application shall also be reviewed by that
commission, authority, or political subdivision for consistency with its transit programs, policies,
and plans. Any regional development commission that has not adopted a transportation plan may
review but may not approve or disapprove of any application.
    Subd. 3. Technical and professional assistance. The commissioner shall offer, use,
and apply the information developed pursuant to sections 174.21 to 174.27 to assist and
advise political subdivisions and recipients of financial assistance in the planning, promotion,
development, operation, and evaluation of programs and projects to accomplish the purposes of
sections 174.21 to 174.27. The commissioner shall seek out and select eligible recipients of such
technical and professional assistance.
    Subd. 4. Research; evaluation. The commissioner shall conduct research and shall study,
analyze, and evaluate concepts, techniques, programs, and projects to accomplish the purposes
of sections 174.21 to 174.27, including traffic operations improvements, preferential treatment
and other encouragement of transit and paratransit services and high-occupancy vehicles,
improvements in the management and operation of regular route transit services, special provision
for pedestrians and bicycles, management and control of parking, changes in work schedules,
and reduction of vehicle use in congested and residential areas. The commissioner shall examine
and evaluate such concepts, techniques, programs, and projects now or previously employed or
proposed in this state and elsewhere. The commissioner or an independent third party under
contract to the commissioner shall monitor and evaluate the management and operation of public
transit systems, services, and projects receiving financial or professional and technical assistance
under sections 174.21 to 174.27 or other state programs to determine the manner in which and
the extent to which such systems, services, and projects contribute or may contribute to the
purposes of sections 174.21 to 174.27. The commissioner shall develop and promote proposals
and projects to accomplish the purposes of sections 174.21 to 174.27 and shall actively solicit
such proposals from municipalities, counties, legislatively established transit commissions and
authorities, regional development commissions, and potential vendors. In conducting such
activities the commissioner shall make the greatest possible use of already available research and
information. The commissioner shall use the information developed under sections 174.21 to
174.27 in developing or revising the state transportation plan.
    Subd. 5.[Repealed, 1997 c 7 art 2 s 67]
    Subd. 6. Driver training. The commissioner may make grants to any project eligible
for assistance under sections 174.24 to 174.27, for the purpose of training drivers of vehicles
operated by the project. The subjects of the training may include safe driving skills, techniques
of assisting elderly and disabled passengers, and first aid. The commissioner may also contract
with a public or private agency or institution to provide driver training to drivers of vehicles
utilized by eligible projects.
    Subd. 7. Rulemaking; total operating cost. The commissioner shall by rule define "total
operating cost" as the term is used in carrying out the purposes of section 174.24. "Total operating
cost" may include provisions for a fee for service. The commissioner shall consult with eligible
recipients to the maximum extent feasible in formulating these rules and develop necessary and
reasonable changes in cost and fee allowability provisions and financial examination procedures
where possible. The rules are subject to the provisions in the Administrative Procedure Act of
sections 14.001 to 14.69.
    Subd. 8. Program administration. The commissioner shall assign the administration of
the programs set forth in sections 174.21 to 174.27 to a single division within the Department of
Transportation.
    Subd. 9. Cost reimbursement policies. The commissioner of transportation shall establish
reimbursement policies based on the cost principles of the federal acquisition regulations to
determine the reasonableness and allowability of various costs, including overhead factors, direct
salary costs, and other costs of design and consultant contracts.
History: 1977 c 454 s 20; Ex1979 c 1 s 17,18; 1981 c 363 s 41; 1982 c 424 s 130; 1982 c
586 s 3,4; 1984 c 654 art 3 s 67,68; 1986 c 444; 1987 c 384 art 2 s 1; 1990 c 422 s 10; 1997
c 143 s 16; 2005 c 56 s 1