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1.1To: Senator Cohen, Chair
1.2Committee on Finance
1.4Chair of the Transportation and Public Safety Division, to which was referred
1.5S.F. No. 1647:
A bill for an actrelating to transportation; amending various
1.6provisions related to transportation and public safety policies, including data practices
1.7and storage; motor carriers; traffic regulation modifications; vehicle equipment; railroad
1.8liability, powers, and crossing by utilities; minimum train crew size; drive away in-transit
1.9licenses; road design; engine compression regulation by city of St. Paul; turnbacks;
1.10bikeways; subcontracting goals; and alternative damages appraisal for transportation
1.11projects;amending Minnesota Statutes 2014, sections 13.69, subdivision 1; 13.72, by
1.12adding a subdivision; 160.20, subdivision 4; 160.232; 160.266, subdivisions 2, 3, by
1.13adding subdivisions; 161.321, subdivisions 2a, 2c, 4; 168.33, subdivision 2; 169.06,
1.14subdivision 4a; 169.18, subdivision 12; 169.49; 169.782, subdivisions 1, 2, 4; 169.791,
1.15subdivisions 1, 2; 169.81, by adding a subdivision; 171.061, subdivision 3; 174.40, by
1.16adding a subdivision; 219.76; 219.761; 221.031, by adding a subdivision; 221.605, by
1.17adding a subdivision; 299D.085, subdivision 2; 473.146, subdivision 4; proposing coding
1.18for new law in Minnesota Statutes, chapters 219; 237; 383B.
1.19Reports the same back with the recommendation that the bill be amended as follows:
1.20Page 5, after line 21, insert:
1.21 "Sec. 9. Minnesota Statutes 2014, section 161.088, subdivision 3, is amended to read:
1.22 Subd. 3. Project classification. The commissioner shall determine whether each
1.23candidate project can be classified into at least one of the following classifications:
1.24(1) capacity development, for a project on a segment of a trunk highway where the
1.26(i) is not a divided highway, and that highway is an expressway or freeway beyond
1.27the project limits;
1.28(ii) contains a highway terminus that lacks an intersection or interchange with
1.29another trunk highway;
1.30(iii) contains fewer lanes of travel compared to that highway beyond the project
1.32(iv) contains a location that is proposed as a new interchange or to be reconstructed
1.33from an intersection to an interchange;
1.34(2) freight improvement, for an asset preservation or replacement project that can
1.36(i) removing or reducing barriers to commerce;
1.37(ii) easing or preserving freight movement;
1.38(iii) supporting emerging industries; or
1.39(iv) providing connections between the trunk highway system and other
1.40transportation modes for the movement of freight; or
1.41(3) main street improvement, for a project on a segment of trunk highway passing
1.42through a city center, in order to:
2.1(i) restore or improve economic vitality; and
2.2(ii) improve safety for all road users.
2.3 Sec. 10. Minnesota Statutes 2014, section 161.088, subdivision 4, is amended to read:
2.4 Subd. 4. Project eligibility. (a) The commissioner shall establish eligibility
2.5requirements for projects that can be funded under the program. Eligibility must include:
2.6(1) consistency with the statewide multimodal transportation plan under section
2.8(2) location of the project on an interregional corridor, for a project located outside
2.9of the Department of Transportation metropolitan district, or within a city;
2.10(3) placement into at least one project classification under subdivision 3;
2.11(4) a maximum length of time, as determined by the commissioner, until
2.12commencement of construction work on the project; and
2.13(5) for each type of project classification under subdivision 3, a maximum allowable
2.14amount for the total project cost estimate, as determined by the commissioner with
2.16(b) A project whose construction is programmed in the state transportation
2.17improvement program is not eligible for funding under the program. This paragraph does
2.18not apply to a project that is programmed as result of selection under this section.
2.19(c) A project may be, but is not required to be, identified in the 20-year state highway
2.20capital investment plan under section 174.03.
2.21 Sec. 11. Minnesota Statutes 2014, section 161.088, subdivision 5, is amended to read:
2.22 Subd. 5. Project selection process; criteria. (a) The commissioner shall establish a
2.23process for identification, evaluation, and selection of projects under the program.
2.24(b) As part of the project selection process, the commissioner shall annually accept
2.25recommendations on candidate projects from area transportation partnerships and other
2.26interested stakeholders in each Department of Transportation district. For each candidate
2.27project identified under this paragraph, the commissioner shall determine eligibility,
2.28classify, and if appropriate, evaluate the project for the program.
2.29(c) Project evaluation and prioritization must be performed on the basis of objective
2.30criteria, which must include:
2.31(1) a return on investment measure that provides for comparison across eligible
2.33(2) measurable impacts on commerce and economic competitiveness;
2.34(3) efficiency in the movement of freight, including but not limited to:
3.1(i) measures of annual average daily traffic and commercial vehicle miles traveled,
3.2which may include data near the project location on that trunk highway or on connecting
3.3trunk and local highways; and
3.4(ii) measures of congestion or travel time reliability, which may be within or near
3.5the project limits, or both;
3.6(4) improvements to traffic safety for all road users;
3.8local highway systems
3.9(6) the extent to which the project addresses multiple transportation system policy
3.10objectives and principles; and
3.11(7) support and consensus for the project among members of the surrounding
3.13(d) As part of the project selection process, the commissioner may divide funding
3.14to be separately available among projects within each classification under subdivision 3,
3.15and may apply separate or modified criteria among those projects falling within each
3.17 Sec. 12. [161.317] MADE IN AMERICA.
3.18In all highway construction and maintenance projects, the commissioner shall, to
3.19the greatest extent feasible, utilize products, materials, and equipment that are made in
3.20America and shall include this requirement in the department's contract specifications."
3.21Page 8, after line 13, insert:
3.22 "Sec. 17. Minnesota Statutes 2014, section 161.368, is amended to read:
3.23161.368 HIGHWAY CONTRACTS WITH TRIBAL AUTHORITIES.
3.24(a) On behalf of the state, the commissioner may enter into agreements with Indian
3.25tribal authorities for the purpose of providing maintenance, design, and construction to
3.26highways on tribal lands. These agreements may include (1) a provision for waiver of
3.27immunity from suit by a party to the contract on the part of the tribal authority with respect
3.28to any controversy arising out of the contract and (2) a provision conferring jurisdiction on
3.29state district courts to hear such a controversy.
3.30(b) Notwithstanding section 161.32, for construction of highways on tribal lands
3.31in a reservation exempt from Public Law 83-280, the commissioner may: (1) award
3.32a preference for Indian-owned contractors to the same extent provided in the applicable
3.33Tribal Employment Rights Ordinance, but not to exceed ten percent; or (2) negotiate
3.34with the tribal authority and enter into an agreement for the tribal authority to award and
3.35administer the construction contract, with the commissioner providing funding for the state
4.1share of the project. If negotiating with the tribal authority, the commissioner must perform
4.2an independent cost estimate and determine that the cost proposed by the tribal authority
4.3is reasonable. An agreement negotiated with a tribal authority must include a clause
4.4requiring conformance with plans and specifications approved by the commissioner."
4.5Page 9, after line 20, insert:
4.6 "Sec. 20. Minnesota Statutes 2014, section 169.475, subdivision 1, is amended to read:
4.7 Subdivision 1. Definition. For purposes of this section, "electronic message"
4.8means a self-contained piece of digital communication that is designed or intended to be
4.9transmitted between physical devices. An electronic message includes, but is not limited
4.10to, e-mail, a text message, an instant message, a command or request to access a World
4.11Wide Web page, or other data that uses a commonly recognized electronic communications
4.12protocol. An electronic message does not include voice or other data transmitted as a result
4.13of making a phone call,
4.14device without direct initiation by a person, or data or images displayed on a wireless
4.15communication device through global positioning systems or navigation systems."
4.16Page 13, after line 26, insert:
4.17 "Sec. 29. Minnesota Statutes 2014, section 173.02, is amended by adding a subdivision
4.19 Subd. 18a. Electronic advertising device. (a) "Electronic advertising device"
4.20means an advertising device that is capable of displaying digital content that can be
4.21changed through messaging or electronic communications technology.
4.22(b) Digital content consists of static text and images only, and does not include
4.23animation, flashing or moving lights, video, and other content having the appearance
4.25EFFECTIVE DATE.This section is effective the day following final enactment.
4.26 Sec. 30. Minnesota Statutes 2014, section 173.15, is amended to read:
4.27173.15 PROHIBITED ADVERTISING DEVICES.
4.28(a) After June 8, 1971 no advertising device shall be erected or maintained:
4.29(1) which purports to be or resembles an official traffic-control device, sign, or
4.30signal, or railroad sign or signal; or which hides from view or interferes in any material
4.31degree with the effectiveness of any traffic-control device, sign, or signal, or railroad sign
4.32or signal, or which obstructs or interferes with the driver's view of approaching, merging,
4.33or intersecting traffic for a distance not to exceed 500 feet;
4.34(2) which prominently displays the word "stop" or "danger";
5.1(3) which contains statements, words, or pictures of an obscene, indecent, or
5.2immoral character, or such as would offend public morals or decency;
5.3(4) on any right-of-way of the interstate system of highways, except as otherwise
5.4provided by law or allowed by the commissioner;
5.5(5) on private land without the consent of the owner or occupant thereof;
5.6(6) on trees, shrubs, or which are painted or drawn upon rocks or natural features,
5.7or on public utility poles;
5.8(7) which has distracting flashing or moving lights so designed or lighted as to
5.9be a traffic hazard;
5.10(8) to which access can be obtained only from an interstate main-traveled way but
5.11excluding frontage roads adjacent thereto;
5.12(9) which are structurally unsafe, are in disrepair, or are abandoned.
5.13(b) The prohibition under paragraph (a), clause (7), does not include an electronic
5.14advertising device in which digital content changes no more frequently than once every
5.16EFFECTIVE DATE.This section is effective the day following final enactment.
5.17 Sec. 31. Minnesota Statutes 2014, section 174.03, subdivision 10, is amended to read:
5.18 Subd. 10. Highway construction training; report. (a) The commissioner of
5.19transportation shall utilize the maximum feasible amount of all federal funds available to
5.20this state under United States Code, title 23, section 140, paragraph (b), to develop, conduct,
5.21and administer highway construction training, including skill improvement programs.
5.22 (b) The commissioner of transportation must report by February 1 of each
5.24jurisdiction over transportation policy and finance concerning the commissioner's
5.25compliance with paragraph (a). The report must, with respect to
5.27 (1) describe the highway construction training and skill improvement programs the
5.28commissioner has conducted and administered;
5.29 (2) analyze the results of the commissioner's training programs;
5.30 (3) state the amount of federal funds available to this state under United States Code,
5.31title 23, section 140, paragraph (b); and
5.32 (4) identify the amount spent by the commissioner in conducting and administering
5.34 Sec. 32. Minnesota Statutes 2014, section 174.03, subdivision 11, is amended to read:
6.1 Subd. 11. Disadvantaged business enterprise program; report. (a) The
6.2commissioner shall include in each contract that is funded at least in part by federal funds,
6.3a sanction for each contractor who does not meet the established project disadvantaged
6.4business enterprise goal or demonstrate good-faith effort to meet the goal.
6.5 (b) The commissioner of transportation shall report by February 1 of each
6.7jurisdiction over transportation policy and finance concerning the commissioner's
6.8disadvantaged business enterprise program. The report must, with respect to
6.10 (1) state the department's annual overall goal, compared with the percentage attained;
6.11 (2) explain the methodology, applicable facts, and public participation used to
6.12establish the overall goal;
6.13 (3) describe good-faith efforts to meet the goal, if the goal was not attained;
6.14 (4) describe actions to address overconcentration of disadvantaged business
6.15enterprises in certain types of work;
6.16 (5) state the number of contracts that included disadvantaged business enterprise
6.17goals, the number of contractors that met established disadvantaged business enterprise
6.18goals, and sanctions imposed for lack of good-faith effort; and
6.19 (6) describe contracts with no disadvantaged business enterprise goals, and, of
6.20those, state number of contracts and amount of each contract with targeted groups under
6.22 Sec. 33. Minnesota Statutes 2014, section 174.12, subdivision 5, is amended to read:
6.23 Subd. 5. Financial assistance; criteria. The commissioners of transportation and
6.24employment and economic development shall establish criteria for evaluating projects
6.25for financial assistance under this section. At a minimum, the criteria must provide an
6.26objective method to prioritize and select projects on the basis of:
6.27(1) the extent to which the project provides measurable economic benefit
6.28in accordance with the performance measures developed by the commissioner of
6.29employment and economic development under subdivision 4;
6.30(2) consistency with relevant state and local transportation plans;
6.31(3) the availability and commitment of funding or in-kind assistance for the project
6.32from nonpublic or nonstate sources;
6.33(4) the need for the project as part of the overall transportation system;
6.34(5) the extent to which completion of the project will improve the movement of
6.35people and freight;
7.1(6) the extent to which the project promotes access to jobs and employment centers
7.2and connections between modes of transportation; and
7.4Page 13, after line 33, insert:
7.5 "Sec. 35. Minnesota Statutes 2014, section 174.52, subdivision 4a, is amended to read:
7.6 Subd. 4a. Rural road safety account; appropriation. (a) A rural road safety
7.7account is established in the local road improvement fund. Money in the account is
7.8annually appropriated to the commissioner of transportation for expenditure as specified
7.9in this subdivision. Money in the account must be used as grants to counties to assist in
7.10paying the costs of capital improvement projects on county state-aid highways that are
7.11intended primarily to reduce traffic crashes, deaths, injuries, and property damage and
7.12improve safety for all road users.
7.13(b) The commissioner shall establish procedures for counties to apply for grants
7.14from the rural road safety account and criteria to be used to select projects for funding.
7.15The commissioner shall establish these procedures and criteria in consultation with
7.16representatives appointed by the Association of Minnesota Counties. Eligibility for
7.17project selection must be based on the ability of each proposed project to reduce the
7.18frequency and severity of crashes.
7.19(c) Money in the account must be allocated in each fiscal year as follows:
7.20(1) one-third of money in the account must be used for projects in the counties of
7.21Anoka, Chisago, Carver, Dakota, Hennepin, Ramsey, Scott, and Washington; and
7.22(2) the remainder must be used for projects elsewhere in the state.
7.23 Sec. 36. Minnesota Statutes 2014, section 174.52, subdivision 5, is amended to read:
7.24 Subd. 5. Grant procedures and criteria. The commissioner shall establish
7.25procedures for statutory or home rule charter cities, towns, and counties to apply for
7.26grants or loans from the fund and criteria to be used to select projects for funding.
7.27The commissioner shall establish these procedures and criteria in consultation with
7.28representatives appointed by the Association of Minnesota Counties, League of Minnesota
7.29Cities, Minnesota Association of Townships, and the appropriate state agency as needed.
7.30The criteria for determining project priority and the amount of a grant or loan must be
7.31based upon consideration of:
7.32(1) the availability of other state, federal, and local funds;
7.33(2) the regional significance of the route;
7.34(3) effectiveness of the proposed project in eliminating a transportation system
7.35deficiency and improve safety for all road users;
8.1(4) the number of persons who will be positively impacted by the project;
8.2(5) the project's contribution to other local, regional, or state economic development
8.3or redevelopment efforts including livestock and other agricultural operations permitted
8.4after the effective date of this section; and
8.5(6) ability of the local unit of government to adequately provide for the safe
8.6operation and maintenance of the facility upon project completion."
8.7Page 20, after line 5, insert:
8.8 "Sec. 45. [473.1296] MADE IN AMERICA.
8.9In all construction and maintenance projects, the council shall, to the greatest extent
8.10feasible, utilize products, materials, and equipment that are made in America and shall
8.11include this requirement in its contract specifications."
8.12Page 21, after line 3, insert:
8.13 "Sec. 47. Laws 2009, chapter 158, section 10, as amended by Laws 2012, chapter 287,
8.14article 3, section 56, and Laws 2014, chapter 255, section 20, is amended to read:
8.15 Sec. 10. EFFECTIVE DATE.
8.16Sections 2 and 3 are effective August 1, 2009
8.18EFFECTIVE DATE.This section is effective the day following final enactment.
8.19 Sec. 48. Laws 2014, chapter 312, article 10, section 11, subdivision 2, is amended to
8.21 Subd. 2. Evaluation of response preparedness and funding. By January 15, 2017,
8.22the commissioner of public safety shall submit an evaluation of safety preparedness and
8.23funding related to incidents involving transportation of oil and other hazardous materials
8.24to the chairs and ranking minority members of the legislative committees with jurisdiction
8.25over transportation and public safety policy and finance. At a minimum, the evaluation
8.27(1) provide an update to the report under subdivision 1 that identifies notable
8.28changes and provides updated information as appropriate;
8.29(2) analyze preparedness and impacts to public safety from ethanol transportation by
8.30rail, which must provide the same information with respect to ethanol as is required for oil
8.31under subdivision 1, clauses (1) to (3) and (6);
8.32(3) identify recommendations and actions to prevent rail transportation incidents,
8.33including examination of alternative routing and development of guidelines concerning
8.34freight and passenger-type rail colocation;
9.1(4) develop strategies for resident education along rail corridors;
9.2(5) recommend minimum liability insurance requirements for railroad shippers
9.4(6) evaluate the effectiveness of training and response preparedness activities under
9.5Minnesota Statutes, section 299A.55, using the criteria established under subdivision
9.61, clause (5), including development of minimum equipment requirements for first
9.7responders having jurisdiction along high risk rail corridors;
9.11activities, which must include but is not limited to (i) examination of the public-private
9.12partnership financing model, and (ii) review of balance across industries involved in
9.13storage and distribution of oil and ethanol; and
9.16 Sec. 49. ACCESSIBLE PARKING SIGNS.
9.17A sign that is posted to identify a parking space reserved for people who qualify
9.18for accessible parking must not display any form of the word "handicap," "disabled," or
9.19"disability." The owner of a parking facility that is owned or wholly leased by the state
9.20or by a private entity that receives any monetary aid from the state shall, beginning July
9.211, 2019, in the ordinary course of sign modification and replacement, modify or replace
9.22the sign so that it displays a form of the word "accessible" or the state symbol indicating
9.23buildings, facilities, and grounds which are accessible to and usable by persons with
9.24disabilities adopted by the Rehabilitation International's Eleventh World Congress and
9.25does not display a form of the word "handicap," "disabled," or "disability."
9.26EFFECTIVE DATE.This section is effective July 1, 2019.
9.27 Sec. 50. DEPARTMENT OF TRANSPORTATION TRUNK HIGHWAY 23
9.29As part of the reconstruction of the bridge and bridge approaches along Trunk
9.30Highway 23 in the city of Duluth, the commissioner of transportation shall grade the land
9.31and property under and near the bridge over Kingsbury Creek so that the bicycle and
9.32pedestrian path approaches street level as it emerges from under the bridge."
9.33Page 23, after line 9, insert:
10.1 "Sec. 56. AVAILABILITY OF FINGERPRINTING SERVICES.
10.2The commissioner of public safety shall, by December 1, 2015, recommend to
10.3the chair and ranking minority members of the house of representatives and senate
10.4committees with primary jurisdiction over transportation policy and finance, means,
10.5including recommended legislation, by which commercial truck drivers may be provided
10.6with fingerprinting services to meet the requirements of the United States Department of
10.7Homeland Security to obtain a hazardous materials endorsement on a commercial driver's
10.9Renumber the sections in sequence
10.10Amend the title as follows:
10.11Page 1, line 4, after "modifications;" insert "parking signs; advertising devices;" and
10.12after "equipment;" insert "mini truck operation;"
10.13Page 1, line 5, after "utilities;" insert "rail event response preparedness;"
10.14Page 1, line 7, after "goals;" insert "reporting requirements"
10.15Amend the title numbers accordingly
10.16And when so amended that the bill be recommended to pass and be referred to
10.17the full committee.
10.20April 22, 2015 .....
10.21(Date of Division recommendation)