Bill Text: MN HF518 | 2011-2012 | 87th Legislature | Introduced
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: State-aid program rulemaking authority amended, fund allocation from overdimension motor vehicle permits amended, legislative report required on water permitting process for transportation projects, and clarifying and technical changes made.
Spectrum: Partisan Bill (Republican 7-0)
Status: (Engrossed - Dead) 2012-04-19 - Second reading [HF518 Detail]
Download: Minnesota-2011-HF518-Introduced.html
Bill Title: State-aid program rulemaking authority amended, fund allocation from overdimension motor vehicle permits amended, legislative report required on water permitting process for transportation projects, and clarifying and technical changes made.
Spectrum: Partisan Bill (Republican 7-0)
Status: (Engrossed - Dead) 2012-04-19 - Second reading [HF518 Detail]
Download: Minnesota-2011-HF518-Introduced.html
1.2relating to transportation; limiting authority of commissioner of transportation to
1.3adopt rules for county state-aid roads and municipal state-aid streets; abolishing
1.4provision promoting complete streets policies for local road authorities;
1.5amending Minnesota Statutes 2010, sections 162.02, subdivisions 1, 2, 10;
1.6162.021, subdivision 1; 162.07, subdivision 2; 162.09, subdivisions 1, 2; 162.13,
1.7subdivision 2; repealing Minnesota Statutes 2010, sections 162.02, subdivisions
1.83, 3a, 3b; 162.09, subdivisions 3, 3a; 162.155; 174.75, subdivision 4; Laws
1.92010, chapter 351, section 72; Minnesota Rules, parts 8820.2500; 8820.2700;
1.108820.3100, subparts 1, 2, 5, 6, 7a, 8, 9a, 10; 8820.3300; 8820.3400; 8820.4060;
1.118820.9920; 8820.9922; 8820.9926, subpart 1; 8820.9936; 8820.9946; 8820.9956;
1.128820.9961; 8820.9981; 8820.9986; 8820.9990; 8820.9995.
1.13BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.14 Section 1. Minnesota Statutes 2010, section 162.02, subdivision 1, is amended to read:
1.15 Subdivision 1. Creation. There is created a county state-aid highway system which
1.16must be established, located, constructed, reconstructed, improved, and maintained as
1.17public highways by the countiesunder rules not inconsistent with this section made and
1.18promulgated by the commissioner as provided in this chapter. The counties are vested
1.19with the rights, title, easements, and their appurtenances, held by or vested in any of the
1.20towns or municipal subdivisions or dedicated to the public use prior to the time a road or
1.21portion of a road is taken over by the county as a county state-aid highway.
1.22 Sec. 2. Minnesota Statutes 2010, section 162.02, subdivision 2, is amended to read:
1.23 Subd. 2. Rules; advisory committee. (a) The rules shall be made and promulgated
1.24by the commissioner acting with the advice of a committee selected by the several county
1.25boards acting through the officers of the statewide association of county commissioners.
1.26The committee shall be composed of nine members so selected that each member shall
2.1be from a different state highway construction district. Not more than five of the nine
2.2members of the committee shall be county commissioners. The remaining members shall
2.3be county highway engineers. In the event that agreement cannot be reached on any rule,
2.4the commissioner's determination shall be final. The rules shall be printed and copies
2.5forwarded to the county engineers of the several counties. For the purposes of this section,
2.6the expedited process for adopting rules established in section
14.389 may be used.
2.7(b) Notwithstanding section
15.059, subdivision 5, the committee does not expire.
2.8The commissioner shall adopt rules for establishment, location, designation, and
2.9financial assistance to the county state-aid highway system. Such rules may not include
2.10engineering or design standards for county state-aid highway construction, reconstruction,
2.11and maintenance.
2.12 Sec. 3. Minnesota Statutes 2010, section 162.02, subdivision 10, is amended to read:
2.13 Subd. 10. Abandonment or revocation. County state-aid highways may be
2.14abandoned, changed, or revoked by joint action of the county board and the commissioner.
2.15If a county state-aid highway is established or located within the limits of a city, it shall
2.16not be abandoned, changed, or revoked without the concurrence of the governing body of
2.17such city; provided, that any county state-aid highway established or located within a city
2.18may be abandoned, or revoked without concurrence if the city refuses or neglects for a
2.19period of one year after submittal to approve plans for the construction of such highway
2.20which plans conform to the construction standards provided in the commissioner's rules.
2.21 Sec. 4. Minnesota Statutes 2010, section 162.021, subdivision 1, is amended to read:
2.22 Subdivision 1. Establishment; rules. (a) The commissioner shall establish a natural
2.23preservation routes category within the county state-aid highway system.
2.24(b) Natural preservation routes include those routes that possess particular scenic,
2.25environmental, or historical characteristics, such as routes along lakes or through forests,
2.26wetlands, or flood plains, that would be harmed by construction or reconstructionmeeting
2.27the engineering standards under section
162.07 or the rules adopted under that section.
2.28(c) The commissioner shall adopt rulesestablishing minimum construction and
2.29reconstruction standards that address public safety and reflect the function, lower traffic
2.30volume, and slower speed on natural preservation routes.The rules may not establish
2.31standards for natural preservation routes that are higher than the standards for national
2.32forest highways within national forests and state park access roads within state parks.
2.33Design standards specifying the width of vehicle recovery areas on forest highways,
2.34forest and park roads, and on natural preservation routes must minimize harmful
3.1environmental impact. Such rules may not include engineering or design standards for
3.2natural preservation route construction, reconstruction, and maintenance.
3.3 Sec. 5. Minnesota Statutes 2010, section 162.07, subdivision 2, is amended to read:
3.4 Subd. 2. Money needs defined. For the purpose of this section, money needs
3.5of each county are defined as the estimated total annual costs of constructing, over a
3.6period of 25 years, the county state-aid highway system in that county. Costs incidental to
3.7construction, or a specified portion thereof as set forth in the commissioner's rules may be
3.8included in determining money needs. To avoid variances in costs due to differences in
3.9construction policy, construction costs shall be estimated on the basis of the engineering
3.10standards developed cooperatively bythe commissioner and the county engineers of
3.11the several counties.
3.12 Sec. 6. Minnesota Statutes 2010, section 162.09, subdivision 1, is amended to read:
3.13 Subdivision 1. Creation; mileage limitation; rules. (a) There is created a
3.14municipal state-aid street system within statutory and home rule charter cities having
3.15a population of 5,000 or more. The extent of the municipal state-aid street system for
3.16a city shall not exceed:
3.17(1) 20 percent of the total miles of city streets and county roads partially or totally
3.18within the jurisdiction of that city; plus
3.19(2) the mileage of all trunk highways reverted or turned back to the jurisdiction of
3.20the city pursuant to law on and after July 1, 1965; plus
3.21(3) the mileage of county highways reverted or turned back to the jurisdiction of the
3.22city pursuant to law on or after May 11, 1994.
3.23(b) For purposes of this subdivision, the total miles of city streets and county roads
3.24within the jurisdiction of a city includes all miles of county highways turned back to that
3.25city's jurisdiction on or after May 11, 1994.
3.26(c) The system shall be established, located, constructed, reconstructed, improved,
3.27and maintained as public highways partially or totally within such citiesunder rules, not
3.28inconsistent with this section, made and promulgated by the commissioner as hereinafter
3.29provided.
3.30 Sec. 7. Minnesota Statutes 2010, section 162.09, subdivision 2, is amended to read:
3.31 Subd. 2. Rules; advisory committee. (a) The rules shall be made and promulgated
3.32by the commissioner acting with the advice of a committee selected by the governing
3.33bodies of such cities, acting through the officers of the statewide association of municipal
4.1officials. The committee shall be composed of 12 members, so selected that there shall be
4.2one member from each state highway construction district and in addition one member
4.3from each city of the first class. Not more than six members of the committee shall be
4.4elected officials of the cities. The remaining members of the committee shall be city
4.5engineers. In the event that agreement cannot be reached on any rule the commissioner's
4.6determination shall be final. The rules shall be printed and copies forwarded to the clerks
4.7and engineers of the cities. For the purposes of this section, the expedited process for
4.8adopting rules established in section
14.389 may be used.
4.9(b) Notwithstanding section
15.059, subdivision 5, the committee does not expire.
4.10The commissioner shall adopt rules for establishment, location, designation, and
4.11financial assistance to the municipal state-aid street system. Such rules may not include
4.12engineering or design standards for municipal state-aid street construction, reconstruction,
4.13and maintenance.
4.14 Sec. 8. Minnesota Statutes 2010, section 162.13, subdivision 2, is amended to read:
4.15 Subd. 2. Money needs defined. For the purpose of this section money needs of each
4.16city having a population of 5,000 or more are defined as the estimated cost of constructing
4.17and maintaining over a period of 25 years the municipal state-aid street system in such
4.18city. Right-of-way costs and drainage shall be included in money needs. Lighting costs
4.19and other costs incidental to construction and maintenance, or a specified portion of such
4.20costs, as set forth in the commissioner's rules, may be included in determining money
4.21needs. When a county locates a county state-aid highway over a portion of a street in any
4.22such city and the remaining portion is designated as a municipal state-aid street only the
4.23construction and maintenance costs of the portion of the street other than the portions taken
4.24over by the county shall be included in the money needs of the city. To avoid variances
4.25in costs due to differences in construction and maintenance policy, construction and
4.26maintenance costs shall be estimated on the basis of the engineering standards developed
4.27cooperatively bythe commissioner and the engineers, or a committee thereof, of the cities.
4.28 Sec. 9. RULEMAKING; ELIMINATION OF ENGINEERING STANDARDS.
4.29(a) By December 31, 2011, the commissioner of transportation shall amend
4.30Minnesota Rules to (1) eliminate any references to engineering and design standards
4.31previously established by the commissioner under Minnesota Rules, chapter 8820; and (2)
4.32identify approved engineering and design standards under Minnesota Rules, chapter 8820,
4.33only as those standards developed by the several cities with respect to municipal state-aid
4.34streets, or the several counties with respect to county state-aid highways.
5.1(b) The rules adopted by the commissioner under paragraph (a) are exempt from
5.2the rulemaking provisions of Minnesota Statutes, chapter 14. The rules are subject to
5.3Minnesota Statutes, section 14.386, except that, notwithstanding paragraph (b) of that
5.4section, the rules continue in effect until repealed or superseded by other law or rule.
5.5EFFECTIVE DATE.This section is effective the day following final enactment.
5.6 Sec. 10. REPEALER.
5.7(a) Minnesota Statutes 2010, sections 162.02, subdivisions 3, 3a, and 3b; 162.09,
5.8subdivisions 3 and 3a; 162.155; and 174.75, subdivision 4, are repealed.
5.9(b) Minnesota Rules, parts 8820.2500; 8820.2700; 8820.3100, subparts 1, 2, 5, 6,
5.107a, 8, 9a, and 10; 8820.3300; 8820.3400; 8820.4060; 8820.9920; 8820.9922; 8820.9926,
5.11subpart 1; 8820.9936; 8820.9946; 8820.9956; 8820.9961; 8820.9981; 8820.9986;
5.128820.9990; and 8820.9995, are repealed.
5.13(c) Laws 2010, chapter 351, section 72, is repealed.
1.3adopt rules for county state-aid roads and municipal state-aid streets; abolishing
1.4provision promoting complete streets policies for local road authorities;
1.5amending Minnesota Statutes 2010, sections 162.02, subdivisions 1, 2, 10;
1.6162.021, subdivision 1; 162.07, subdivision 2; 162.09, subdivisions 1, 2; 162.13,
1.7subdivision 2; repealing Minnesota Statutes 2010, sections 162.02, subdivisions
1.83, 3a, 3b; 162.09, subdivisions 3, 3a; 162.155; 174.75, subdivision 4; Laws
1.92010, chapter 351, section 72; Minnesota Rules, parts 8820.2500; 8820.2700;
1.108820.3100, subparts 1, 2, 5, 6, 7a, 8, 9a, 10; 8820.3300; 8820.3400; 8820.4060;
1.118820.9920; 8820.9922; 8820.9926, subpart 1; 8820.9936; 8820.9946; 8820.9956;
1.128820.9961; 8820.9981; 8820.9986; 8820.9990; 8820.9995.
1.13BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.14 Section 1. Minnesota Statutes 2010, section 162.02, subdivision 1, is amended to read:
1.15 Subdivision 1. Creation. There is created a county state-aid highway system which
1.16must be established, located, constructed, reconstructed, improved, and maintained as
1.17public highways by the counties
1.18
1.19with the rights, title, easements, and their appurtenances, held by or vested in any of the
1.20towns or municipal subdivisions or dedicated to the public use prior to the time a road or
1.21portion of a road is taken over by the county as a county state-aid highway.
1.22 Sec. 2. Minnesota Statutes 2010, section 162.02, subdivision 2, is amended to read:
1.23 Subd. 2. Rules
1.24
1.25
1.26
2.1
2.2
2.3
2.4
2.5
2.6
2.7
2.8The commissioner shall adopt rules for establishment, location, designation, and
2.9financial assistance to the county state-aid highway system. Such rules may not include
2.10engineering or design standards for county state-aid highway construction, reconstruction,
2.11and maintenance.
2.12 Sec. 3. Minnesota Statutes 2010, section 162.02, subdivision 10, is amended to read:
2.13 Subd. 10. Abandonment or revocation. County state-aid highways may be
2.14abandoned, changed, or revoked by joint action of the county board and the commissioner.
2.15If a county state-aid highway is established or located within the limits of a city, it shall
2.16not be abandoned, changed, or revoked without the concurrence of the governing body of
2.17such city; provided, that any county state-aid highway established or located within a city
2.18may be abandoned, or revoked without concurrence if the city refuses or neglects for a
2.19period of one year after submittal to approve plans for the construction of such highway
2.20
2.21 Sec. 4. Minnesota Statutes 2010, section 162.021, subdivision 1, is amended to read:
2.22 Subdivision 1. Establishment; rules. (a) The commissioner shall establish a natural
2.23preservation routes category within the county state-aid highway system.
2.24(b) Natural preservation routes include those routes that possess particular scenic,
2.25environmental, or historical characteristics, such as routes along lakes or through forests,
2.26wetlands, or flood plains, that would be harmed by construction or reconstruction
2.27
2.28(c) The commissioner shall adopt rules
2.29
2.30volume, and slower speed on natural preservation routes.
2.31
2.32
2.33
2.34
3.1
3.2natural preservation route construction, reconstruction, and maintenance.
3.3 Sec. 5. Minnesota Statutes 2010, section 162.07, subdivision 2, is amended to read:
3.4 Subd. 2. Money needs defined. For the purpose of this section, money needs
3.5of each county are defined as the estimated total annual costs of constructing, over a
3.6period of 25 years, the county state-aid highway system in that county. Costs incidental to
3.7construction, or a specified portion thereof as set forth in the commissioner's rules may be
3.8included in determining money needs. To avoid variances in costs due to differences in
3.9construction policy, construction costs shall be estimated on the basis of the engineering
3.10standards developed cooperatively by
3.11the several counties.
3.12 Sec. 6. Minnesota Statutes 2010, section 162.09, subdivision 1, is amended to read:
3.13 Subdivision 1. Creation; mileage limitation; rules. (a) There is created a
3.14municipal state-aid street system within statutory and home rule charter cities having
3.15a population of 5,000 or more. The extent of the municipal state-aid street system for
3.16a city shall not exceed:
3.17(1) 20 percent of the total miles of city streets and county roads partially or totally
3.18within the jurisdiction of that city; plus
3.19(2) the mileage of all trunk highways reverted or turned back to the jurisdiction of
3.20the city pursuant to law on and after July 1, 1965; plus
3.21(3) the mileage of county highways reverted or turned back to the jurisdiction of the
3.22city pursuant to law on or after May 11, 1994.
3.23(b) For purposes of this subdivision, the total miles of city streets and county roads
3.24within the jurisdiction of a city includes all miles of county highways turned back to that
3.25city's jurisdiction on or after May 11, 1994.
3.26(c) The system shall be established, located, constructed, reconstructed, improved,
3.27and maintained as public highways partially or totally within such cities
3.28
3.29
3.30 Sec. 7. Minnesota Statutes 2010, section 162.09, subdivision 2, is amended to read:
3.31 Subd. 2. Rules
3.32
3.33
4.1
4.2
4.3
4.4
4.5
4.6
4.7
4.8
4.9
4.10The commissioner shall adopt rules for establishment, location, designation, and
4.11financial assistance to the municipal state-aid street system. Such rules may not include
4.12engineering or design standards for municipal state-aid street construction, reconstruction,
4.13and maintenance.
4.14 Sec. 8. Minnesota Statutes 2010, section 162.13, subdivision 2, is amended to read:
4.15 Subd. 2. Money needs defined. For the purpose of this section money needs of each
4.16city having a population of 5,000 or more are defined as the estimated cost of constructing
4.17and maintaining over a period of 25 years the municipal state-aid street system in such
4.18city. Right-of-way costs and drainage shall be included in money needs. Lighting costs
4.19and other costs incidental to construction and maintenance, or a specified portion of such
4.20costs, as set forth in the commissioner's rules, may be included in determining money
4.21needs. When a county locates a county state-aid highway over a portion of a street in any
4.22such city and the remaining portion is designated as a municipal state-aid street only the
4.23construction and maintenance costs of the portion of the street other than the portions taken
4.24over by the county shall be included in the money needs of the city. To avoid variances
4.25in costs due to differences in construction and maintenance policy, construction and
4.26maintenance costs shall be estimated on the basis of the engineering standards developed
4.27cooperatively by
4.28 Sec. 9. RULEMAKING; ELIMINATION OF ENGINEERING STANDARDS.
4.29(a) By December 31, 2011, the commissioner of transportation shall amend
4.30Minnesota Rules to (1) eliminate any references to engineering and design standards
4.31previously established by the commissioner under Minnesota Rules, chapter 8820; and (2)
4.32identify approved engineering and design standards under Minnesota Rules, chapter 8820,
4.33only as those standards developed by the several cities with respect to municipal state-aid
4.34streets, or the several counties with respect to county state-aid highways.
5.1(b) The rules adopted by the commissioner under paragraph (a) are exempt from
5.2the rulemaking provisions of Minnesota Statutes, chapter 14. The rules are subject to
5.3Minnesota Statutes, section 14.386, except that, notwithstanding paragraph (b) of that
5.4section, the rules continue in effect until repealed or superseded by other law or rule.
5.5EFFECTIVE DATE.This section is effective the day following final enactment.
5.6 Sec. 10. REPEALER.
5.7(a) Minnesota Statutes 2010, sections 162.02, subdivisions 3, 3a, and 3b; 162.09,
5.8subdivisions 3 and 3a; 162.155; and 174.75, subdivision 4, are repealed.
5.9(b) Minnesota Rules, parts 8820.2500; 8820.2700; 8820.3100, subparts 1, 2, 5, 6,
5.107a, 8, 9a, and 10; 8820.3300; 8820.3400; 8820.4060; 8820.9920; 8820.9922; 8820.9926,
5.11subpart 1; 8820.9936; 8820.9946; 8820.9956; 8820.9961; 8820.9981; 8820.9986;
5.128820.9990; and 8820.9995, are repealed.
5.13(c) Laws 2010, chapter 351, section 72, is repealed.
