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S.F. No. 2858 - Transportation and Public Safety Supplemental Budget (Division Report, as Amended by the A32 Amendment)
 
Author: Senator D. Scott Dibble
 
Prepared By: Krista Boyd, Senate Fiscal Analyst (651/296-7681)
 
Date: April 3, 2014



 

Article 1 – Transportation and Public Safety Appropriations

Section 1 amends Laws 2009 to make available until expended prior appropriations from the state government special revenue fund in fiscal years 2010 and 2011 for the Next Generation 911 network.

Sections 2 through 5 move $1.493 million of unspent trunk highway bond funds from FY 2010 to FY 2012 to complete work on the Rochester Maintenance Facility.

Section 6 is a technical correction to a prior cancellation of FY 2007 trunk highway bonds.

Section 7 is a technical correction to the Department of Public Safety appropriations summary for the 2014-2015 budget.

Section 8 amends the 2014-2015 appropriation for the Crime Reporting System in the Bureau of Criminal Apprehension, adding that the appropriation is for the inclusion of one full-time equivalent business analyst.

Section 9 makes a onetime appropriation of $1,300,000 in FY 2014 from the fire safety account for activities and programs of the Fire Service Advisory Committee.  The Commissioner of Public Safety is required to report to the legislature on the balances and uses of this account.

Section 10 appropriates $700,000 in FY 2015 from the general fund to the Office of Justice Programs for youth intervention programs.  The base increase for this purpose is $1,000,000 in each of fiscal years 2016 and 2017.  This section also appropriates $300,000 in FY2015 for emergency shelter programs.

Section 11 appropriates $5.059 million in FY 2014 and $6.865 in FY 2015 from the state government special revenue fund to the Commissioner of Public Safety for emergency communication networks.  These are onetime appropriations.

Section 12:

  • appropriates $1.0 million in FY 2014 and $3.0 million in FY 2015 from the state airports fund for airport development and assistance. These are onetime appropriations.  This section also allows the commissioner, in the current biennium only, to establish different local match requirements for airport projects than otherwise allowed by law;
  • appropriates $8.0 million in FY 2015 from the general fund for Greater Minnesota transit; and
  • appropriates $250,000 in FY 2015 from the general fund for the Safe Routes to School program for noninfrastructure activities such as planning and education.

Section 13:

  • appropriates $5 million in FY 2014 and $38 million in FY 2015 from the trunk highway fund for operations and maintenance of state roads, of which $5 million in each year is an ongoing appropriation for accelerated replacement of snow plowing equipment.  The remaining appropriation in FY 2015 is onetime, and is for additional snow and ice support equipment, roadway lighting LED equipment, changeable message signs, enhanced pavement patching, and a supplemental appropriation for snow and ice removal;
  • makes a onetime appropriation of $3 million in FY 2015 from the trunk highway fund for enhanced program delivery; and
  • appropriates a onetime $14 million in FY 2014 from the trunk highway fund for turnback costs of a segment of Trunk Highway 14 and appropriates $825,000 in FY 2015 for costs of new work zone safety initiatives.  

Section 14 (formerly section 15) amends the flexible highway account transfer in FY 2015, allowing $21 million to be transferred to the trunk highway fund for costs of the Trunk Highway 14 turnback.

Section 15 (formerly section 16) makes a $60,000 ongoing reduction from the general fund appropriation to the Metropolitan Council to correspond to the appropriation increase to the Department of Public Safety for light rail safety oversight.

Section 16 (formerly section 17) appropriates $60,000 in FY 2015 from the general fund to public safety support in the Department of Public Safety for light rail safety oversight.  This appropriation is currently made to the Metropolitan Council and then transferred to the Department of Public Safety for the same purpose.  There is a corresponding reduction to the general fund appropriation to Metropolitan Council in this bill.

Section 17 (formerly section 18) appropriates an additional $2 million from the general fund in FY 2015 for capitol security.  This is an ongoing appropriation.

Section 18 (formerly section 19) makes a technical correction to Department of Public Safety’s Driver and Vehicle Services appropriation for the 2014-2015 budget, and also makes a onetime appropriation of $46,000 from the special revenue fund for expenses related to the task force on motor vehicle insurance coverage verification.

Article 2 – Railroad Safety

Section 1 (SF2796, Sen. Jensen) requires the Commissioner of Public Safety to carry out public safety protection activities related to railroad spill and discharge preparedness.  The duties of the commissioner are specified.  This section is effective the day following final enactment.

Section 2 (SF2795, Sen. Jensen) directs the Commissioner of Transportation to establish three or four state rail safety inspector positions (current law requires one position) in MnDOT's Office of Freight and Commercial Vehicle Operations.  The section authorizes the state rail safety inspectors to perform duties described in the federal State Rail Safety Participation program and to participate in any of the named federal disciplines.  The section provides that the inspector's authority to issue citations for violations must be delegated by the Federal Railroad Administration.  This section has an immediate effective date. 

Section 3 (SF2795, Sen. Jensen) amends the section in which the commissioner annually assesses railroad companies for state rail inspector costs.  The section provides that state rail safety inspector program costs must be divided among Class I and Class II carriers, based on route miles operated in Minnesota.  The section removes obsolete language.  This section has an immediate effective date.

Section 4 (SF2796, Sen. Jensen) adds a section of law on railroad safety to the Department of Public Safety chapter of statutes.

Subdivision 1 defines terms as follows:

  • “Applicable rail carrier” is a railroad company subject to assessment under section 3.
  • “Hazardous substance” is defined with reference to federal law to include designated chemicals, hazardous air pollutants, and hazardous waste.  Hazardous substance does not include natural gas in various forms, synthetic gas, or petroleum, including crude oil that is not otherwise a hazardous waste.
  • “Oil” includes petroleum, fuel oil, sludge, oil refuse, lubricating oils and hydraulic oils.

Subdivision 2 creates the railroad safety account in the special revenue fund.  Money in the account is annually appropriated to the Commissioner of Public Safety for purposes under subdivision 3.

Subdivision 3 directs the commissioner to use money in the railroad safety account for training and response preparedness relating to derailments, discharge, and spills of oil or hazardous substances from trains.  Following consultation with the Fire Service Advisory Committee, the commissioner must allocate funds to the Board of Firefighter Training and Education and the Division of Homeland Security and Emergency Management, based on specified criteria.

Subdivision 4 provides for an annual assessment of $1.25M to be imposed by the Commissioner of Public Safety on railroads and deposited in the railroad safety account.  The assessment amount for each railroad is based on route miles operated in Minnesota.

Subdivision 4 expires July 1, 2016.

Section 5 (SF2796, Sen. Jensen) requires the Commissioner of Public Safety to report, by January 15, 2015, to the legislative Transportation and Public Safety Committees concerning incident and emergency response preparedness for incidents involving oil and hazardous materials transported by rail and pipeline.  

Section 6 (SF2795, Sen. Jensen) requires the Commissioner of Transportation to conduct a study on highway-rail grade crossing improvement for oil and other hazardous materials transported by rail.  An interim update must be submitted by August 31, 2014, and a final report by October 31, 2014, to the legislative transportation committees.  This section has an immediate effective date.

Article 3 – Transportation Finance Provisions

Section 1 (SF 2275, Sen. Schmit) requires the state auditor to collect annually from local governments information on fees collected from traffic offense educational diversion programs.  This section is effective January 15, 2015.

 

Section 2 (SF 2275, Sen. Schmit) provides, in the chapter on data classification, that data related to a traffic offense educational diversion program are governed by section 169.9991, subdivision 12, which classifies them as private data on individuals.  This section is effective January 15, 2015.

Section 3 (SF2785, Governor’s Bill, Sen. Cohen) allows use of funds in the Stillwater Lift Bridge endowment account to be used for bridge safety inspections and reactive repairs.

Section 4 (Amendment, Sen. Westrom) changes references to license plate fees for tax exempt vehicles from “two plates” to “those plates required,” as part of a single-plate bill.

 

Section 5 (Amendment, Sen. Westrom) changes references to license plate fees from “each set of two plates” to “those plates required,” as part of a single-plate bill.

 

Section 6 (Amendment, Sen. Westrom) changes references in a section on special license plate emblems for veterans service organizations from “each set of two plates” to “those plates required,” as part of a single-plate bill.

 

Section 7 (Amendment, Sen. Tomassoni) authorizes the issuance of Minnesota golf plates, or a

single motorcycle plate, to a vehicle owner who pays a fee of $10, any other applicable fees, and $30 annually to the Minnesota Section PGA Foundation account.  The fees are credited to the vehicle services operating account in the special revenue fund, and the contributions are credited first to the Commissioner of Public Safety to cover plate-related costs.  The remainder of the contribution is credited to the Minnesota Section PGA Foundation account and distributed to the Foundation to promote the game of golf.  This section is effective January 1, 2015.

Section 8 (SF2425, Sen. Kent) defines “work zone” in the chapter on traffic regulations, as a highway segment on which a road authority is doing construction, reconstruction, or maintenance work, and on which at least one of the following conditions applies:

  • official traffic-control devices that indicate the work zone are erected;
  • at least one lane of traffic is closed;
  • a flagger is present;
  • a construction speed zone limit is established; or
  • a workers present speed limit is in effect.

This section is effective August 1, 2014.

Section 9 (SF2275, Sen. Schmit) specifically exempts traffic offense educational diversion programs from the statutory requirement of statewide uniformity of traffic enforcement and penalties.   This section is effective January 15, 2015.

Section 10 (SF2425, Sen. Kent) removes a provision on traffic control obedience to a flagger.  This provision is moved to a new subdivision in Section 11.  This section is effective August 1, 2014.

Section 11 (SF2425, Sen. Kent) sets a petty misdemeanor mandatory fine of $300 in addition to the statutory surcharge for failure to obey a work zone flagger.  A violation of this subdivision is not grounds for license revocation or suspension.

This section is effective August 1, 2014, and applies to violations committed on or after that date.

Section 12 (SF2425, Sen. Kent) paragraph (a) reduces the speed limit in a work zone, when at least one lane is closed and workers are present, to 45 miles per hour if the usual speed limit is 50 miles per hour or greater. 

Paragraph (b) specifies exceptions to this reduction. 

Paragraph (c) allows a road authority to set reduced speed limits in work zones when workers are present, without a traffic study, provided that the speed limits are reduced by no more than 20 mph where the regular limit is 55 miles per hour or greater, and by no more than 15 miles per hour where the regular limit is 50 mph or less.

Paragraph (d) states that reduced speed limits under paragraph (c) are effective upon posting of speed limit signs.

Paragraph (e) requires the road authority to post signs specifying work zone speed limits under this subdivision.

This section eliminates a provision that doubles the fine for a speed limit violation in a work zone when workers are present, replacing it with a mandatory $300 fine.

This section is effective August 1, 2014, and applies to violations committed on or after that date.

Section 13 (SF2425, Sen. Kent) establishes a statutory fine of $300 for a work zone speed limit violation.  This section is effective August 1, 2014, and applies to violations committed on or after that date.

Section 14 (Amendment, Sen. Senjem) allows a vehicle operated by a commercial vehicle inspector of the Department of Public Safety or certified as provided by law, to use crossovers between the main roadways of a controlled-access highway. 

 

Section 15 (Amendment, Sen. Westrom) provides that only one plate is required to be displayed on vehicles that are not subject to specific exception, and that one plate must be displayed on the rear of the vehicle.  One may be displayed on the front of the vehicle at the discretion of the owner.

Section 16 (SF1787, Sen. Saxhaug) amends the expiration date for an overweight vehicle permit issued for seasonal increases to be the same as the expiration date of the vehicle’s registration upon request of the applicant.  This section is effective November 30, 2016, and applies to permits issued on and after that date.

Section 17 (SF1787, Sen. Saxhaug) amends the expiration date for an overweight vehicle permit issued for hauling of raw or unfinished forest products to be the same as the expiration date of the vehicle’s registration upon request of the applicant.  This section is effective November 30, 2016, and applies to permits issued on and after that date.

Section 18 (SF1787, Sen. Saxhaug) states that the fee for an annual overweight permit that has the same expiration date as the vehicle’s registration must be based on the proportion of the year remaining until that expiration date.  This section is effective November 30, 2016, and applies to permits issued on and after that date.

Section 19 (SF1787, Sen. Saxhaug) states that the expiration date for an overweight permit issued for hauling of pole-length pulpwood is the same as the expiration date of the vehicle’s registration upon request of the applicant.  This section is effective November 30, 2016, and applies to permits issued on and after that date.

Section 20 (SF1787, Sen. Saxhaug) provides for a proportional overweight permit fee for six-axle vehicles hauling raw or unprocessed agricultural products if the permit expires when the vehicle registration expires under section 22.  This section is effective November 30, 2016, and applies to permits issued on and after that date.

Section 21 (SF1787, Sen. Saxhaug) provides for a proportional overweight permit fee for seven-axle vehicles hauling raw or unprocessed agricultural products if the permit expires when the vehicle registration expires under section 22.   This section is effective November 30, 2016, and applies to permits issued on and after that date. 

Section 22 (SF1787, Sen. Saxhaug) allows the applicant for an overweight permit under section 30 or section 21 to request an expiration date the same as the vehicle registration expiration date.  This section is effective November 30, 2016, and applies to permits issued on and after that date.

Section 23 (SF1787, Sen. Saxhaug) adds a conforming reference to the section on fees for overweight vehicle permits for canola hauling.  This section states that the fee for overweight vehicle permits issued for canola hauling that have an expiration date matching the expiration date of the vehicle’s registration must be based on the proportion of the year remaining until that expiration date.  This section is effective November 30, 2016, and applies to permits issued on and after that date.

Section 24 (SF1787, Sen. Saxhaug) amends the expiration date for an overweight permit issued for canola hauling to be the same as the expiration date of the vehicle’s registration.  This section is effective November 30, 2016, and applies to permits issued on and after that date.

Section 25 (SF 2275, Sen. Schmit) authorizes traffic offense educational diversion programs.

Subdivision 1 provides definitions.

Subdivision 2 authorizes a local unit of government to establish, by resolution, a traffic offense educational program for holders of class D driver licenses who commit one of a list of specified offenses.  A peace officer, when issuing a citation, may refer an eligible driver to a diversion course.   The driver may attend and complete the course, or pay or contest the citation.

Subdivision 3 requires a diversion program to comply with best practices developed by the Commissioner of Public Safety.

Subdivision 4 directs the Commissioner of Public safety, by September 15, 2014, in consultation with named organizations, to develop and disseminate uniform best practices, addressing the program’s duration, acceptable locations, curriculum, as well as teacher qualifications, eligibility for participation, and requirements for successful completion.  A local government may set a course fee of up to $75, which is retained by the local government to pay program costs, promote traffic safety, and operate other safety and educational programs within the local jurisdiction.

Subdivision 5 imposes a traffic safety surcharge of $50 on each program participant, which is deposited in the general fund.  The statutory surcharge does not apply to a participant in a diversion program.

Subdivision 6 authorizes a local government to contract with a third party to administer the program.

Subdivision 7 provides that only licensed peace officers may refer a person to a program.  The officer must not issue a diversion program option to an individual with more than two diversion-eligible violations in a 12-month period.

Subdivision 8 directs the program administrator to determine participant eligibility and successful completion, and report to the Commissioner of Public Safety.  The commissioner may provide this information to other diversion programs in the state.  Each participant must sign an attestation stating that the person has not participated in a diversion program in the previous 36 months.

Subdivision 9 prohibits the Commissioner of Public Safety from recording the violation on the violator’s driving record or use it as grounds for license revocation or suspension.  The violation may be recorded in the comprehensive incident-based reporting system.

Subdivision 10 makes a holder of a commercial driver’s license or the driver of a commercial vehicle in which an offense was committed ineligible for participation in diversion programs if this would subject the state to possible loss of federal funds.

Subdivision 11 preempts local authority to identify offenses other than those included in subdivision 1 that qualify a violator for the diversion program.

Subdivision 12 classifies data on individuals in a diversion program as private data on individuals.

This section is effective January 15, 2015, except for subdivision  4, which is effective the day following final enactment.

Section 26 (SF2424, Sen. Kent) changes provisions relating to motorized bicycle operator permits and licenses.  The one-year operator’s permit (fee of $6.75) and duplicate permit (fee of $3.75) are stricken and replaced with a single motorized bicycle operator’s permit that is valid until age 21 (fee of $9.75).

Section 27 (SF2424, Sen. Kent) adds to the list of drivers' licenses a commercial learner’s permit, available for a fee of $2.50.

Section 28 (SF2424, Sen. Kent) provides that Department of Public Safety programs and policies relating to commercial drivers’ licensure and commercial motor vehicle operation conform with applicable federal regulations, and that federal provisions supersede state and local law.

Section 29 (SF2785, Governor’s Bill, Sen. Cohen) allows the commissioner of transportation to bill operations units for costs of centrally managed products or services, including equipment acquisition, labor, and materials.  Receipts are credited to the special products and services account, which is established in the trunk highway fund and appropriated to the commissioner.

Section 30 (SF2785, Governor’s Bill, Sen. Cohen) provides that funds in the transportation economic development account are available until expended. 

Section 31 (SF 2625, Sen. Kent) changes the measurement of growth of the MnDOT federal reimbursements that are used for transportation alternatives projects.  Current law provides the amount must be equal to or greater than the authorizations during the preceding four federal fiscal years.  This section requires the amount to be equal to or greater than authorizations in federal fiscal years 2010 to 2012.  This section is effective the day after final enactment and applies to federal fiscal years beginning with 2015.

Section 32 (SF2290, Sen. Carlson) is a new statutory section on railroad yard lighting.

Subdivision 1 requires railroads to maintain lighting that conforms to described standards if certain tasks are performed in railroad yards during nighttime hours. 

Subdivision 2 excuses railroads from compliance with lighting requirements during and within a reasonable period after maintenance, derailments, or severe weather.

Subdivision 3 allows the Commissioner of Transportation to order a railroad to install or modify lighting near a track when employees who frequently work adjacent to a track are exposed to hazard resulting from inadequate lighting.  A railroad may appeal an order under this subdivision, subject to chapter 14 on administrative hearings.

Subdivision 4 creates a violation that consists of a railroad’s failure, under subdivision 3, to correct a violation or to appeal an adverse order.

Subdivision 5 provides that a complaining party must make a reasonable, good faith attempt to address the violation before filing a formal complaint against the railroad.

Subdivision 6 allows the Commissioner of Transportation, upon written request of a railroad, to waive any portion of this section if conditions do not reasonably permit compliance.  The commissioner’s decision must be based on an on-site inspection between sunset and sunrise of the area for which the waiver has been requested.

Subdivision 7 prescribes a penalty to be imposed against a railroad, of up to $500 for each violation of this section.

Subdivision 8 states that the lighting standards in this section are minimum standards and a railroad is not precluded from providing lighting that exceeds the stated requirements.  This section applies only to Class One and Class Two railroad common carrier railroad yards.  Railroad yards that have lighting before July 1, 2014, are deemed compliant with the standards in this bill.

This section is effective November 1, 2016.

Section 33 (SF2785, Governor’s Bill, Sen. Cohen) directs the commissioner of public safety to establish an Office of State Safety Oversight to enforce federal safety regulations pertaining to rail fixed guideway public transportation systems.

Section 34 (SF 2672, Sen. Dibble) provides that the Commissioner of Public Safety may not expend funds for the Board of Firefighter Training and Education, the State Fire Marshal, or fire-related regional response team programs without the Fire Service Advisory Committee’s recommendation.

Section 35 (SF 2672, Sen. Dibble) provides that the Fire Service Advisory Committee does not expire, following the December 2013 recommendation of the Legislative Commission on Planning and Fiscal Policy.

Section 36 (Amendment, Sen. Senjem) eliminates the $12 statutory surcharge on parking violations from July 1, 2014, through June 30, 2015. (Removed by A32 amendment)

Section 37 (Amendment, Sen. Senjem) removes a reference to the $12 parking surcharge from the statutory section on disbursement of surcharges, from July 1, 2014, through June 30, 2015.  (Removed by A23 amendment)

Section 38 (SF 2270, Sen. Carlson) is a new section of statute concerning light rail transit vehicle design.

Subdivision 1 directs the Metropolitan Council to adopt light rail vehicle design standards by January 1, 2015, that will apply to all light rail vehicles procured on and after that date.  The standards must provide users of the service with access and protect their health and safety.  Before adoption and posting on the Web site by the council, the standards, and any subsequent amendments, must be reviewed by the Transportation Accessibility Advisory Committee. 

Subdivision 2 prescribes minimum standards for light rail vehicles. 

Section 39 (SF2785, Governor’s Bill, Sen. Cohen) allows the Commissioner of Transportation, pursuant to a settlement agreement and release, to take over Old Highway 14, spend $35M to complete necessary work, and turn it back to Steele and Waseca Counties.

Section 40 (Amendment, Sen. Westrom) directs the Commissioner of Transportation, by 2019, to perform engineering and traffic investigations on all Minnesota two-lane trunk highways with a posted speed limit of 55 miles per hour and designate an increased speed limit if it is reasonable and safe to do so.  New speed limits are effective when new signs are posted.  The commissioner must report annually to the legislative transportation committees on the results of these studies.  This section is effective the day after final enactment and expires the earlier of January 15, 2019, or the date of submission of the final report.

Section 41 (SF 2372, Sen. Jensen) establishes a task force on motor vehicle insurance coverage verification to recommend legislation to create and fund a program.  The task force must report to the Commerce and Transportation legislative committees by February 1, 2015, after which the task force sunsets.  This section is effective the day after final enactment.

 
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