Senate Counsel, Research
and Fiscal Analysis
Minnesota Senate Bldg.
95 University Avenue W. Suite 3300
St. Paul, MN 55155
(651) 296-4791
Alexis C. Stangl
Director
   Senate   
State of Minnesota
 
 
 
 
 
H.F. No. 1555 - Transportation Omnibus (First Unofficial Engrossment)
 
Author: Senator Scott J. Newman
 
Prepared By: Alexis C. Stangl, Senate Counsel (651/296-4397)
Krista Boyd, Senate Fiscal Analyst (651/296-7681)
 
Date: May 2, 2019



 

Article 1: Transportation Appropriations

This article makes appropriations for fiscal years 2020 and 2021 for the Minnesota Department of Transportation (MNDOT) and for the transportation related programs of the Metropolitan Council and the Department of Public Safety. General Fund net expenditures are $200,000 over the base for FY 2020-2021, and $0 over base for FY 2022-2023.

Section 1. Transportation appropriations. Defines terms. Establishes that appropriations are from the trunk highway fund (THF), unless another is named, for the agencies and purposes specified.

Section 2. Department of Transportation. Establishes the biennial budget for MNDOT.

Subd. 1. Total Appropriation. Summarizes appropriations by fund.

Subd. 2. Multimodal Systems. Appropriates money for non-highway transportation modes including aeronautics, transit, and freight. Changes from base appropriations:

  • $160,000 onetime general fund appropriation in FY 2020 for port development to the Port Authority of Winona, which is a carryforward from unused funds for the same purpose in FY 2019; and

  • an ongoing general fund reduction of $500,000 each year from the passenger rail office.

Subd. 3. State Roads. Appropriates money for the state trunk highway system, including: operations and maintenance; planning and research; program delivery; state road construction (SRC); debt service on previous trunk highway bonds; and statewide radio communications. Changes from base appropriations:

  • a THF appropriation of $150 million each year for state road construction;

  • a THF appropriation of $25.5 million each year for program delivery;

  • a onetime THF appropriation of $38 million for a construction project on Trunk Highway 212; and

  • an ongoing THF reduction of $25 million each year from the Corridors of Commerce appropriation.

Subd. 4. Local Roads. Appropriates money for county state-aid highways, municipal state-aid streets, and other local roads. Allows for increases in the state-aid appropriations if there are additional funds and certain conditions are met. Changes from base appropriations:

  • CSAH and MSAS spending increases due to an HUTDF appropriation reduction.  The increase in available HUTDF funds will allow more statutory state-aid spending per constitutional distribution for HUTDF; and

  • general fund appropriations for the small cities assistance road program of $250,000 in FY 20 and $500,000 each year thereafter.

Subd. 5. Agency Management. Appropriates money for agency services, buildings, and tort claims.

Subd. 6. Transfers. Authorizes transfers of funds among the MNDOT appropriations from trunk highway fund and the state airports funds in some circumstances. Directs transfer of funds in the flexible highway account for county turnback projects.

Subd. 7. State road construction appropriations carryforward. Allows MNDOT to use previous year trunk highway construction appropriations in the budget biennium if used for the originally encumbered purpose.       

Subd. 8. Contingent Appropriation. Allows additional trunk highway fund money to be appropriated to MNDOT under certain circumstances, upon written approval by a legislative group.

Section 3. Metropolitan Council. Establishes the biennial general fund budget for the transportation functions of the Metropolitan Council.

Section 4. Department of Public Safety. Establishes the biennial budget for transportation-related divisions of the Department of Public Safety, along with department administration.

Subd. 1. Total Appropriation. Summarizes appropriations by fund. Requires certain trunk highway fund appropriations in this section to be spent only on State Patrol purposes.

Subd. 2. Administration and Related Services. Appropriates money for administration, including communications, public safety support (including public safety officer reimbursements and survivor benefits and soft body armor reimbursements), and technology services. Change from base appropriations:

  • Eliminates ongoing highway user tax distribution fund appropriation for public safety support, and prohibits spending from any public safety support appropriation for the Public Information Center in Driver and Vehicle Services.

Subd. 3. State Patrol. Appropriates money for the State Patrol, including patrolling highways, commercial vehicle enforcement, capitol security, and the vehicle crimes unit. Makes base appropriation adjustments to account for pension cost increases in FY22 and FY 23. 

Subd. 4. Driver and Vehicle Services. Appropriates funds for driver and vehicle services, primarily from special revenue resulting from vehicle and driver licensing fees.

Subd. 5. Traffic Safety. Appropriates funds for the traffic safety office.

Subd. 6. Pipeline Safety. Appropriates special revenue funds for the pipeline safety office.

Section 5. Appropriation Cancellation. Cancels $160,000 in unused previous general fund appropriations for MNDOT’s Port Development Assistance program. This amount is appropriated in FY 2020 for the Port Authority of Winona for the same purposes as the previous appropriation. This section is effective immediately following enactment.

Section 6.  Active Transportation; Transfer.  $5,000,000 is transferred from the federal fund to the active transportation account.  The commissioner of transportation must reduce appropriations in fiscal year 2020 from the federal fund under the Federal Transportation Alternatives Program (TAP) by $5,000,000.

Section 7. Office of the Legislative Auditor; Appropriation. Appropriates $400,000 to the Legislative Auditor for audits of programs and services of MNDOT and the Department of Public Safety. This is a onetime appropriation.

Section 8. Office of the State Auditor; Appropriation. Appropriates $50,000 to the State Auditor to conduct a compensation survey of police departments as required in section 115. This is a onetime appropriation.

Section 9. Appropriations Budget. Requires MNDOT and the Department of Public Safety to produce budget narratives and proposals for the 2022-23 biennium that match the budget structure set in the bill. Requires additional budgeting detail to be provided by the Metropolitan Council as part of its budget submission for the FY 2022-23 biennium.

Article 2. Transportation Policy

Section 1.  Audits of the Department of Transportation. The legislative auditor must audit, as resources permit, programs administered by the Department of Transportation.

Section 2.  Audits of the Department of Public Safety. The legislative auditor must audit, as resources permit, programs administered by the Department of Public Safety.

Section 3.  State Data Security; Account, Appropriation.  Appropriates money in the data security account to the legislative auditor for stated purposes relating to driver and vehicle data.

Section 4. General.  Amends a provision on welfare data in the Data Practices Act so that specified data on individuals may be disclosed between the Department of Human Services and the Metropolitan Council to: (1) coordinate Metro Mobility services and services funded by Department of Human Services; and (2) provide for reimbursement of Metro Mobility.  This section is effective the day following final enactment.

Section 5. Transportation service data.  Amends a provision on transportation data in the Data Practices Act to allow the data sharing described in section 4.  This section is effective the day following final enactment.

Section 6.  Unfair practices by manufacturers, distributors, factory branches.  Makes it unlawful for a motor vehicle manufacturer, distributor, or factory branch to charge back or withhold or deny payment against a motor vehicle dealer due to a delay in the transfer or registration of a new motor vehicle due to an unreasonable delay by the registrar. This section is effective August 1, 2019, and expires June 30, 2022.

Section 7.  Bikeways; powers and duties; design guidelines. The commissioner of transportation is prohibited from spending trunk highway funds on bicycle lanes or routes.

Section 8.  Powers of political subdivisions. Governing bodies of political subdivisions are prohibited from establishing bikeways on a public road that would eliminate or relocate disability parking.

Section 9.  Replacing bikeways and pedestrian ways.  Prohibits replacing a bikeway, pedestrian way, or roadway used by bicycles or pedestrians when trunk highway funds would be used for the replacement.

Section 10.  Funding.  The commissioner of transportation is prohibited from spending trunk highway funds on state bicycle routes.

Section 11.  Fees authorized.  Allows low-occupancy vehicles to pay a fee to use MnPASS lanes.

Section 12.  Deposit of revenues; appropriations.  Revenue from MnPASS lanes must be spent in the corridor where it was collected and must be spent as follows: first, to repay the trunk highway fund or other funds for money spent to install, equip, or modify the corridor; second, to pay all the costs of implementing and administering the fee collection system; third, for transportation capital improvements; fourth, for maintenance of the corridor; and fifth, any remaining funds are transferred to the Metropolitan Council for expansion and improvement of bus transit services in the corridor.

Section 13.  Prohibition.  A person may only operate a low-occupancy vehicle in a MnPASS lane if the driver complies with the requirements of the statute.

Section 14.  Dynamic shoulder lanes.  A low-occupancy vehicle may use a dynamic shoulder lane if it pays a fee to do so.

Section 15.  Low-occupancy vehicle.  A “low-occupancy vehicle” is defined as a vehicle with an occupancy of one or two individuals.

Section 16. Prohibition on use for bicycle lanes or routes.  No trunk highway funds may be spent on bicycle lanes. Trunk highway funds must not be spent to convert a vehicle lane into bicycle lanes or routes.

Section 17. Report on dedicated fund expenditures. Requires the commissioners of transportation and public safety to report to the legislature in each odd-numbered year on expenditures and transfers from the trunk highway fund and the highway user tax distribution fund.

Section 18.  Eisenhower Memorial Bridge of Valor. Designates a bridge over the Mississippi River in Red Wing as the "Eisenhower Memorial Bridge of Valor."

Section 19.  Captain Jeffrey Vollmer Memorial Highway. Designates a section of Trunk Highway 25 in Carver County as the “Captain Jeffrey Vollmer Memorial Highway.”

Section 20.  Corrections Officer Joseph Gomm Memorial Highway.  Designates a segment of Trunk Highway 95 in West Lakeland Township, Bayport, and Oak Park Heights as “Corrections Officer Joseph Gomm Memorial Highway.”

Section 21.  Kenneth E. Sellon and Eugene B. Schlotfeldt Memorial Highway.  Designates a segment of Interstate 94 from Sauk Centre to Alexandria as the “Kenneth E. Sellon and Eugene B. Schlotfeldt Memorial Highway.”

Section 22.  Richard J. Ames Memorial Highway.  Designates a route between Jordan and Miesville as the “Richard J. Ames Memorial Highway.”

Section 23.  Ryane Clark Memorial Highway. Designates a section of Trunk Highway between New London and Spicer as the “Ryane Clark Memorial Highway.”

Section 24.  Specialist Noah Pierce Bridge.  Designates a bridge in Eveleth as the "Specialist Noah Pierce Bridge."

Section 25.  State Trooper Ray Krueger Memorial Highway.  Designates a section of Trunk Highway 210 in Cass County as “State Trooper Ray Krueger Memorial Highway.”

Section 26.  Tom Rukavina Memorial Bridge.  Designates the bridge on U.S. Highway 53 in Virginia as the “Tom Rukavina Memorial Bridge.”

Section 27.  Warrant Officer Dennis A. Groth Memorial Bridge. Designates a bridge on U.S. Highway 52 in Rosemount as the “Warrant Officer Dennis A. Groth Memorial Bridge.”

Section 28. Final layout. Amends the definition of “final layout” to include project timeline and detour routes. This relates to municipal approval for certain road projects.

Section 29. Appeal board. If a city does not approve of the final layout of a project covered by the law because a substantial portion of the road has at least two years of remaining service life, the appeal board must make a determination of whether the road has more or less than two years of remaining service life.

Section 30. Local cost share. If the appeal board finds that a road has more than two years of remaining service life, the municipality is not required to pay any portion of the cost of the project.

Section 31. Service life of road review; detour route review. Allows any city to appeal any project timeline to an appeal board if the city believes that a substantial portion of the road at issue has at least two years of remaining service life. If the appeal board finds that a road has more than two years of remaining service life, the municipality is not required to pay any portion of the cost of the project. Allows a city to appeal a detour route to an appeal board. The board determines the final detour route.

Section 32.  Farm truck.  Amends the definition of “farm truck” to include pickup trucks with a manufacturer's nominal rated carrying capacity of three-fourths ton or less.

Section 33.  Passenger automobile; hearse.  For first registrations of a new vehicle sold by an auto dealer, the dealer may choose to determine the base value of the vehicle using suggested retail price information from the manufacturer. The registrar must use this base value. This section is effective August 1, 2019.

Section 34.  Electric vehicle. Increases the surcharge on all-electric vehicles from $75 to $200.

Section 35.  Plug-in hybrid electric vehicle. Imposes a surcharge of $100 on plug-in hybrid electric vehicles.

Section 36.  Listing by dealers.  Allows auto dealers to withhold tax due from the prior registration period. A lien for registration tax does not attach.  This section is effective August 1, 2019.

Section 37.  Collector military vehicles.  Certain decommissioned military vehicles are eligible for titles and are subject to the same registration, insurance, equipment, and operating requirements as other motor vehicles.

Section 38.  Contributions; memorial account; appropriation.  The commissioner of public safety must annually distribute all the contributions in the Law Enforcement Memorial Association (LEMA) account to LEMA to further the association’s mission. LEMA must annually report to the commissioner of public safety and to the legislature on how the funds were spent for the past calendar year.

Section 39.  Multiple licenses.  Allows an auto dealer with more than one location in the state to move vehicles between the lots without assigning vehicle ownership or title to the lot where the vehicle is located.  This section is effective August 1, 2019.

Section 40.  Designated dealer title and registration liaison.  The commissioner of public safety must designate one or more department employees to respond to questions from auto dealers and troubleshoot dealer issues related to vehicle titles and registration.  This section is effective August 1, 2019.

Section 41.  Late fee.  The $2 late fee does not apply to transfers from licensed vehicle dealers.  This section is effective July 1, 2020, or upon completion of the necessary programming in MNLARS, whichever is earlier.

Section 42.  Electronic transmission.  Requires the commissioner of public safety to establish standards to approve software companies that provide software to auto dealers to electronically transmit vehicle title transfer and registration information. Approved companies must be allowed access to department facilities, staff, and technology.  This section is effective August 1, 2019.

Section 43. Application for certificate of title.  A decommissioned military vehicle is eligible for a title if the vehicle: (1) was also manufactured and sold as a comparable civilian vehicle; and (2) has the same size and weight dimensions as the comparable civilian vehicle.

Section 44.  Owner’s interest terminated or vehicle sold by secured party.  Allows an assignee of a secured party to perform certain actions in place of the assignee.  This section is effective August 1, 2019.

Section 45.  Notice of perfection by dealer.  When a security interest in a vehicle sold by an auto dealer is perfected, the dealer may provide a statement of perfection to the secured party.  This section is effective August 1, 2019.

Section 46.  Driver and Vehicle Services Executive Steering Committee.  A Driver and Vehicle Service Executive Steering Committee is established to advise the commissioner of public safety and the director of driver and vehicle services (DVS) on various DVS services.  The commissioner of public safety must annually report to the legislature on the committee’s activities, issues identified by the committee, methods used to address issues, and recommendations for legislative action. The committee expires on June 30, 2022.

Section 47.  Automated driving system. Defines “automated driving system.”

Section 48. Federal motor vehicle safety standards automated vehicle exemption. Defines “federal motor vehicle safety standards automated vehicle exemption.”

Section 49. Highly automated vehicle. Defines “highly automated vehicle” and specifies what does not constitute a highly automated vehicle.

Section 50. Minimal risk condition. Defines “minimal risk condition” for purposes of highly automated vehicles.

Section 51. Operator. Defines “operator” for purposes of automated driving systems.

Section 52. Motorized foot scooter. Increases the maximum wheel diameter from 12 to 16 inches in the definition of motorized foot scooter.

Section 53.  Platooning system.  Defines “platooning system.”

Section 54.  Recycling vehicle.  Defines “recycling vehicle.”

Section 55.  Solid waste statement.  Defines “solid waste vehicle.”

Section 56.  Vehicle platoon.  Defines “vehicle platoon.”

Section 57. Autonomous vehicle operators. The operator of an automated vehicle has the same responsibilities and is subject to the same penalties as a driver of a vehicle.

Section 58. Obedience to work zone flaggers. A peace officer may issue a citation to a driver for a violation of a work zone law based on the report of a qualified work zone flagger. This section is effective on August 1, 2019.

Section 59. Increased speed limit when passing. The speed limit is increased by 5 m.p.h. when a driver is on a multi-lane highway with a posted speed limit of 55 m.p.h. or more, is passing another vehicle, and is following other traffic laws.

Section 60. Zoning within local area.  A city may establish speed limits on city streets that differ from speed limits provided in state law. A city that establishes speed limits as provided in this section must implement the changes in a consistent and understandable manner. The city must erect signs reflecting the speed limit.

Section 61. Keep to the right. On a road with two or more lanes in the same direction a person must not drive a vehicle in the left-most lane if another vehicle is immediately behind the first vehicle unless one of the listed exceptions applies.  If a person is in the left-most lane to pass another vehicle, the first vehicle must exit the left-most lane as soon as possible if a car is approaching from behind.  A person who violates this subdivision must pay a fine of not less than $100.

Section 62.  Laned highways.  Allows semis and other large vehicles to deviate from the driving lane when approaching and going through a roundabout.

Section 63.  Following vehicle too closely.  Exempts vehicle platoons from the statute on following distances.

Section 64.  Passing parked authorized vehicles; citation; probable cause.  Expands the current law that requires drivers to move over or slow down when passing a stopped emergency vehicle (including tow trucks) to also apply to freeway service patrol vehicles; road maintenance vehicles; utility company vehicles; construction vehicles; solid waste vehicles; and recycling vehicles. These are collectively called “authorized vehicles.”  This section is effective the day following final enactment.

Section 65.  Transit bus; school bus.  Requires drivers to yield to a school bus entering traffic from the shoulder or right-turn lane.

Section 66.  Roundabouts.  If two semis or other large vehicles drive through a roundabout at the same time, the driver of the vehicle on the right must yield to the vehicle on the left.

Section 67.  Requirements.  Drivers must stop at a railroad crossing for on-track equipment in the same manner as for trains.

Section 68.  Pedestrians; penalty. A pedestrian must not enter or walk along a track or crossing when on-track equipment is present.

Section 69.  Certain vehicles to stop at railroad crossing.  Requires busses and other vehicles for hire to stop, listen, and look at railroad track for the approach of on-track equipment. On-track equipment must not proceed across an exempt crossing unless a person is present to warn traffic.

Section 70.  Crossing railroad tracks with certain equipment.  Requires drivers of tractors or other slow-moving equipment to stop, listen, and look for on-track equipment at railroad crossings.

Section 71.  Use of stop-signal arm.  After loading or unloading passengers in a right-turn lane, the school bus may re-enter traffic without having to turn right.

Section 72. Colors. Allows school bus rub rails adjacent to the beltline to be black or yellow.

Section 73. Transportation network company vehicle. Allows a transportation network company vehicle to be equipped with two lighted identifying devices to assist riders in identifying the vehicle. The device must meet the requirements on color and display.

Section 74.  Warning lamp on vehicles collecting solid waste or recycling.  Allows recycling vehicles to be equipped with a single amber warning lamp in the same manner as solid waste vehicles. The standard for the amber warning light is updated to refer to the most current Society of Automotive Engineers standard.  This section is effective the day following final enactment.

Section 75. Prohibitions generally; exceptions. Requires a transportation network company identifying device to be mounted or located in the bottommost part of the windshield.

Section 76.  Glazing material; prohibition.  This section allows a person to drive a vehicle with prescription tinted windows when the person with the prescription is not present in the vehicle, if:  (1) the prescription is for the driver's family member; (2) the prescription specifies one or two vehicles with the tinted windows; and (3) the driver has the prescription in the vehicle. This section is effective November 1, 2019.

Section 77.  Sewage septic tank trucks. Modifies various vehicle weight provisions as they apply to sewage septic tank trucks used exclusively to transport sewage from septic tanks.  This section is effective June 1, 2019.

Section 78. Special three-unit vehicle permit. Amends the route where a vehicle with a special three-unit vehicle permit may operate.

Section 79. Six-axle vehicles. Changes the reference to “raw or unprocessed agricultural products” to “qualifying agricultural products,” as defined in section 81, for purposes of a permit  authorizing a vehicle with six or more axles to haul the products.

Section 80. Seven-axle vehicles. Changes the reference to “raw or unprocessed agricultural products” to “qualifying agricultural products,” as defined in section 81, for purposes of a permit  authorizing a vehicle with seven or more axles to haul the products.

Section 81. Definition. Defines “qualifying agricultural products” for purposes of sections 79 and 80.

Section 82. Recycling and garbage trucks. Modifies local load restrictions and seasonal load restrictions for sewage septic tank trucks that are designed and used exclusively to haul sewage from septic or holding tanks. This section is effective June 1, 2019.

Section 83.  Vehicle platoons. Allows for vehicle platoons to operate after the commissioner of transportation approves a plan for the platoon.  A platoon cannot include more than three commercial vehicles.  A human driver must be present in each vehicle.  Platoons must allow reasonable access for other vehicle to change lanes and enter or exit the roadway. Requires each driver within the platoon to comply with traffic laws and lawful orders of any peace officer.

Section 84.  Third-party tester.  Defines "third-party tester" for testing school bus drivers.

Section 85.  Third-party testing programDefines "third-party testing program" for testing school busdrivers.

Section 86.  Third-party testing of school bus drivers.  Allows school district and school bus companies that have third-party testing programs to administer road and skill tests to drivers of other districts or businesses.

Section 87. Pavement selection guidelines. Requires the commissioner of transportation to develop, implement, and adhere to a pavement investment guide. Each district office must choose priority roads for construction or preservation in the district. The central office must review and approve all pavement selections for these roads and ensure that the selection is consistent with the pavement investment guide.

Section 88.  Purpose.  The advisory committee on nonmotorized transportation is prohibited from making recommendations that would spend trunk highway funds on bicycle lanes or routes.

Section 89.  Active transportation account.  Money in the active transportation account is appropriated to the commissioner of transportation for specified purposes.

Section 90. Automated vehicle testing. Allows a person to apply for a permit to test automated driving systems of a highly automated vehicle on public roads of the state. An applicant must provide specified information before the commissioner of transportation may grant the permit. A person must be present in the vehicle at all times to take control of the vehicle if necessary. Before being allowed to test on public roads of the state, the vehicle must first be successfully tested at a closed facility and then in a geo-fenced area with little traffic. It is a misdemeanor to test a highly automated vehicle in the state without a permit.

Section 91.  Bicycle lane funding limitation.  Notwithstanding complete street policies or plans, the commissioner of transportation is prohibited from spending trunk highway funds on bicycle lanes or routes.

Section 92. Tax on use of electric vehicle charging station. Starting January 1, 2020, a tax of five cents is imposed on each kilowatt hour of electricity delivered to an electric vehicle by an electric charging station. The owner of the station must remit the tax to the commissioner of revenue. For charging stations installed prior to January 1, 2020, that are not capable of collecting the tax, the owner of the station must pay an annual fee of $200. The proceeds of the tax and fees are deposited into the highway user tax distribution fund.

Section 93. Vehicle Crimes Unit annual report. Requires the commissioner of public safety to submit an annual report to the legislature on the revenue generated by the Vehicle Crimes Unit of the State Patrol.

Section 94.  Comprehensive plan.  Defines “comprehensive plan” by cross-reference to county and municipal planning and zoning statutes.

Section 95.  Creation; authorized disbursements.  Strikes the prohibition against giving a municipality assistance from the state airports fund if its comprehensive plan is incompatible with the state aviation plan.                                                       

Section 96.  Authority to establish.  States that the operation and maintenance of airports is an essential public service. Allows the commissioner of transportation to fund airport safety projects that maintain an existing infrastructure, regardless of a zoning authority’s effort to complete zoning. The commissioner of transportation may withhold funding from an airport subject to a proposed zoning ordinance.

Section 97.  Air transportation service. Requires the commissioner of transportation to charge users of air transportation services for a portion of the costs for aircraft acquisition, replacement, or leasing. The funds are deposited into the aircraft capital account. Establishes an aircraft capital account. Money in the account must be used for aircraft acquisition, replacement, or leasing costs. The air transportation services account is established. Money in the account is annually appropriated to the commissioner of transportation to pay direct air service operating costs.

Section 98.  Airport hazard prevention; protecting existing land uses.  Broadens the application of the section to all land uses, not just built up urban areas.  States that lighting of airport hazards is an essential public service, not a public purpose.

Section 99.  Enforcement under police power.  A municipality may regulate the following in airport hazard areas:  land use; height restrictions; location, size, and use of buildings; and population density.  Strikes the two-mile distance limitation.

Section 100.  Joint airport zoning board.  Inserts cross-reference to proposed airport zoning regulation standards and strikes a reference to the section repealed in the bill.

Section 101.  Comprehensive regulations.  Requires a municipality that has adopted a comprehensive plan to include in the plan any airport zoning regulations that apply to an area in the plan.  This is permissive under current law.

Section 102.  Notice of proposed zoning regulations, hearing.  Modifies the notice provisions for hearings related to adopting or amending airport zoning regulations.

Section 103.  Airport zoning regulations based on commissioner’s standards; submission process.  Establishes the process to adopt airport zoning regulations using standards prescribed by the commissioner of transportation.  Requires review of the regulations by the commissioner of transportation.  Local ordinances may be more stringent than the commissioner’s standards.  Preserves substantive rights existing and exercised before August 1, 2019.  Provides for protection of existing uses.

Section 104.  Custom airport zoning standards.  Provides an alternate process for a local government to establish and adopt custom airport zoning regulations.  Specifies the factors that must be addressed in the custom regulations.  Requires review of the regulations by the commissioner of transportation.  Preserves substantive rights existing and exercised before August 1, 2019.

Section 105.  Reasonableness.  Strikes the nonexclusive list of considerations in determining reasonableness of regulations.

Section 105.  Federal no hazard determination.  Permits a custom regulation to allow a structure or tree higher than otherwise allowed if the Federal Aviation Administration has analyzed it and determined it does not pose a hazard, require a change in operations, or require mitigation that cannot be accomplished.

Section 107.  Membership.  Allows for staggered term length for initial terms of a board of adjustment.  For the Metropolitan Airport Commission, the commission chair makes the appointments.

Section 108.  Zoning required.  Allows the commissioner of transportation to fund airport safety projects to maintain existing infrastructure regardless of a zoning authority’s efforts to complete zoning, but otherwise prohibits funding unless the municipality, county, or joint airport zoning board is proceeding on with zoning.

Section 109.  Airport safety zone.  Defines “airport safety zone” in the county planning and zoning statute.

Section 110.  Comprehensive plan.  Requires county boards to consider the location and dimension of airport safety zones, as well as improvements identified in the airport’s most recent approved layout plan.

Section 111.  Comprehensive plans in greater Minnesota; open space.  In adopting a comprehensive plan, counties must consider encouraging land uses in airport safety zones that are compatible with safe operation of the airport and the safety of people in the area.

Section 112.  In district zoning; maps.  Requires county zoning maps to include airport safety zones.  This section is effective August 1, 2019, and applies to maps created or updated on or after that date.

Section 113.  Airport safety zone.  Adds a cross-reference to the definition of “airport safety zone” to municipal planning and zoning statutes.

Section 114.  Preparation and review.  When preparing or amending a comprehensive plan, a municipality must consider the location and dimensions of airport safety zones in the municipality and any improvements identified in the airport’s most recent airport layout plan.

Section 115.  Airport safety zoning on zoning maps.  Requires municipal zoning maps to include airport safety zones.  This section is effective August 1, 2019, and applies to maps created on or after that date.

Section 116.  Development goals and objectives.  When adopting municipal plans, a municipality must consider encouraging land use in airport safety zones that are compatible with safe operation of the airport and the safety of people in the area.

Section 117.  Light rail transit.  Defines “light rail transit.”

Section 118.  Streetcar.  Defines “streetcar.”

Section 119.  Duties of Council.  Expands the Metro Mobility service area to any area that pays into the transit taxing district.  In effect, the service is expanded to include the cities of Lakeville, Ramsey, Maple Plain, Forest Lake, and Columbus.

Section 120.  Financial assistance; regional allocation. Strikes the reference to fiscal years 2018 and 2019. This means that 0.35 percent of the revenue from the regional allocation of the motor vehicle sales tax (RAMVST) will be allocated to the suburban transit providers (“opt-outs”) on an ongoing basis. This section is effective the day following final enactment.

Section 121.  Operating costs.  The state is responsible for half of the operating costs (after operating revenue and federal money are used) for light rail transit (LRT) lines in operation on July 1, 2019.  For all LRT lines or extensions that begin operations after that date, all operating and capital maintenance costs must be paid from nonstate sources. Operating costs are defined.  This section is effective July 1, 2019.

Section 122.  Capital costs.  State money must not be used to pay for capital costs of a light rail transit project.  This section is effective July 1, 2019.

Section 123.  Trunk highway mowing or haying; permit moratorium. Extends the moratorium on enforcing permits to mow or hay in the right-of-way of trunk highways by one year to April 30, 2020.

Section 124.  Dedicated fund expenditures report; transition. Requires the commissioners of transportation and public safety to make a onetime report to the legislature by January 15, 2020, on expenditures and transfers from the trunk highway fund and the highway user tax distribution fund.

Section 125.  Driver and Vehicle Services Executive Steering Committee First Appointments; First Meeting; First Report.  Establishes deadlines and other parameters for the start of the Driver and Vehicle Services Executive Steering Committee.

Section 126Engine brakes; regulation by Burnsville.  The Burnsville City Council may adopt an ordinance to restrict or prohibit engine braking (also known as “Jake braking”) on Highway 13 between Nicollet Avenue and Portland Avenue. After an ordinance is adopted, the commissioner of transportation must post appropriate signage. The city must pay the cost of the signs.

Section 127.  Engine brakes; regulation by Minneapolis.  The Minneapolis City Council may adopt an ordinance to restrict or prohibit the use of engine braking (also known as “Jake braking”) on I-94 in the westbound lanes beginning at LaSalle Avenue and extending west to the Lowry Tunnel. After an ordinance is adopted, the commissioner of transportation must post appropriate signage. The city must pay the cost of the signs.

Section 128.  Marked Interstate Highway 35 signs.  The commissioner of transportation must erect signs on Interstate Highway 35 that direct motorists to the campuses of the Minnesota State Academy for the Deaf and Minnesota State Academy for the Blind. The commissioner is prohibited from removing signs for the campuses that are posted on Trunk Highway 60.  Effective the day following final enactment.

Section 129.  Marked Trunk Highway 47 Rail Crossing.  Requires the commissioner of transportation to erect warning signs at the rail crossing over Trunk Highway 47, in the city of Anoka.  The text of the sign is specified.  The commissioner must also attempt to secure funding to construct a highway-rail grade separation at the crossing. 

Section 130. Metropolitan Council and Calhoun Isles Condominium Association facilitated meeting. The Office of Collaboration and Dispute Resolution must facilitate a series of meetings between the Metropolitan Council and the Calhoun Isles Condominium Association to discuss issues related to vibration impacts to the Calhoun Isles property in Minneapolis due to Southwest light rail transit project construction activities and operations. The purpose of the meetings is to agree on how to avoid damage to the properties due to vibrations from the project.

Section 131. Metropolitan Council Reimbursement to Calhoun Isles Condominium Association. By July 1, 2019, the Metropolitan Council must pay $250,000 to the Calhoun Isles Condominium Association for reimbursement of the association’s engineering and legal costs. The Council must absorb the costs within the Southwest light rail project budget.

Section 132.  Prescription for glazed windows.  Allows a driver to rely on a prescription issued to a family member if the driver has possession of the prescription.  This section is effective the day following final enactment and expires on November 1, 2019.

Section 133. Public awareness campaign. The commissioner of public safety must conduct a public awareness campaign to inform the public about the law change in section 61 about keeping to the right lane.

Section 134.  Reducing appropriations for unfilled positions. The commissioner of management and budget must reduce appropriations to the Department of Transportation and the Department of Public Safety for agency operations for the biennium ending June 20, 2021, for salary and benefits savings that result from positions that have not been filled within 180 days of posting the position. Reductions made must be reflected as reductions to the agency base budget in the future. The commissioner of management and budget must report to the legislature on the amount of reductions for each of the two agencies.

Section 135.  Request for information for operation of MnPASS lanes. The commissioner of transportation is required to issue a request for information to obtain advice from vendors regarding the feasibility of using a private entity to operate and administer MnPASS lanes. The commissioner must report to the legislature on the results of the request for information.

Section 136.  State Patrol salary survey.  Requires the state auditor to conduct a compensation survey of law enforcement officers in specified police departments. The survey must identify the seven highest paid police departments and the average compensation of the seven departments. The auditor must provide a copy of the survey to the legislature, the exclusive representative for the members of the state patrol, and the commissioner of management and budget.

Section 137.  Temporary motor vehicle permits.  Allows temporary vehicle permits to be issued for up to 180 days.  A temporary permit may only be issued under this section if MNLARS is unable to complete the transaction in a timely manner.  This section is effective the day following final enactment.

Section 138.  Transfer of jurisdiction of the Stone Arch Bridge in Minneapolis.  The commissioner of transportation must transfer legal title of the James J. Hill stone arch bridge to the city of Minneapolis by July 1, 2019. The transfer does not affect the planned repair project on the bridge.  This section is effective the day following final enactment.

Section 139.  Vehicle Registration Task Force.  The Vehicle Registration Task Force is established to study various methods of vehicle registration.  By January 15, 2020, the task force must report to the legislature regarding its findings and recommendations.  This section is effective the day following final enactment.

Section 140. Vibration susceptibility study on Calhoun Isles property. The Metropolitan Council must contract with an engineering group to conduct a vibration susceptibility study on the Calhoun Isles property. The Council must pay for the study.

Section 141. Zone pass. Requires the University of Minnesota to expand the Campus Zone Pass program to add a fourth stop to the zone that is contiguous with the existing zone. The Metropolitan Council must absorb the cost of expanding the zone.

Section 142.  Repealer.  Paragraph (a) repeals a subdivision on passing certain parked vehicles. This paragraph is effective the day following final enactment. Paragraph (b) repeals a subdivision on slow-moving vehicles. This paragraph is effective July 1, 2019.  Paragraph (c) repeals several provisions on airport zoning. This paragraph is effective August 1, 2019. Paragraph (d) repeals provisions on MnPASS lanes. This paragraph is effective the day following final enactment.  Paragraph (e) repeals the expiration of the Mississippi River Parkway Commission.

Section 143.  Effective date; applicationSections 88 to 92 and 94 to 112 relating to airport zoning are effective August 1, 2019, and apply to airport sponsors that make or plan to make changes to runway lengths or configurations on or after that date. These sections do not apply to airports that: (1) have approved airport safety zoning ordinances in effect on August 1, 2019; (2) have not made and are not planning to make changes to runway lengths or configurations; and (3) are not required to update airport safety zoning ordinances.

 
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