Bill Text: MN HF543 | 2011-2012 | 87th Legislature | Introduced
Bill Title: Road and bridge priority established, and governing federal aid requirement for rail guideways established.
Sponsorship: Partisan Bill (Republican 2)
Status: (Introduced - Dead) 2011-02-21 - Author added Lohmer [HF543 Detail]
Download: Minnesota-2011-HF543-Introduced.html
1.2relating to transportation; establishing priority of roads and bridges; establishing
1.3requirements governing federal aid for rail guideways; proposing coding for new
1.4law in Minnesota Statutes, chapter 174.
1.5BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.6 Section 1. [174.035] PRIORITY OF ROADS AND BRIDGES; FEDERAL AID.
1.7 Subdivision 1. Definitions. (a) For purposes of this section, the following terms
1.8have the meanings given them:
1.9(1) "rail guideway" has the meaning given to "guideway" under section 174.93,
1.10subdivision 1, except that the term excludes bus rapid transit; and
1.11(2) "roadway performance targets" means those performance measures established
1.12under section 174.03, subdivisions 1a and 1c, and under the department's Annual
1.13Minnesota Transportation Performance Report, in which (i) the commissioner of
1.14transportation has identified a specific target or goal; and (ii) the measure pertains to
1.15roadway and bridge safety, infrastructure preservation, maintenance, mobility, and project
1.16accountability.
1.17(b) For purposes of this section:
1.18(1) "federal assistance on a rail guideway" applies to capital and operating assistance,
1.19applies to an existing rail guideway and development or expansion of a rail guideway,
1.20and includes but is not limited to system or corridor planning, project planning, feasibility
1.21study, alternatives analysis, environmental analysis, project scoping, design, preliminary
1.22engineering, final engineering, construction, and maintenance activities; and
1.23(2) "state agency" includes the metropolitan council, the Office of the Attorney
1.24General, and the Office of the Governor.
2.1 Subd. 2. Priority of highway system; restrictions on federal aid. (a) Unless the
2.2commissioner of transportation certifies, as provided in subdivision 3, that all roadway
2.3performance targets have been met or exceeded:
2.4(1) a state agency may not apply for or accept federal funds for federal assistance
2.5on a rail guideway;
2.6(2) a state agency may not enter into a memorandum of understanding or agreement
2.7that primarily relates to federal assistance on a rail guideway; and
2.8(3) a political subdivision, including but not limited to a county, statutory or home
2.9rule charter city, joint powers board, or regional railroad authority, may not enter into a
2.10memorandum of understanding or agreement that primarily relates to federal assistance on
2.11a rail guideway if the memorandum or agreement includes, or otherwise anticipates at
2.12some future time, financial assistance from any state source of funds.
2.13(b) Paragraph (a) applies notwithstanding sections 161.36; 174.634, paragraph (a);
2.14174.636, paragraph (a); 174.88, subdivision 1; and 473.3997.
2.15 Subd. 3. Certification. (a) In conjunction with adoption of each report or plan
2.16containing roadway performance targets, the commissioner of transportation shall certify
2.17the scores for each of the roadway performance targets to the governor and to the chairs
2.18and ranking minority members of the house of representatives and senate committees with
2.19jurisdiction over transportation policy and finance, including a finding of whether all
2.20roadway performance targets have been met or exceeded.
2.21(b) If a certification under paragraph (a) includes a finding that all roadway
2.22performance targets have been met or exceeded, then the certification is valid for purposes
2.23of subdivision 2 for a period of one fiscal year, beginning the first July 1 following the
2.24date of the certification.
2.25EFFECTIVE DATE.This section is effective the day following final enactment.
1.3requirements governing federal aid for rail guideways; proposing coding for new
1.4law in Minnesota Statutes, chapter 174.
1.5BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.6 Section 1. [174.035] PRIORITY OF ROADS AND BRIDGES; FEDERAL AID.
1.7 Subdivision 1. Definitions. (a) For purposes of this section, the following terms
1.8have the meanings given them:
1.9(1) "rail guideway" has the meaning given to "guideway" under section 174.93,
1.10subdivision 1, except that the term excludes bus rapid transit; and
1.11(2) "roadway performance targets" means those performance measures established
1.12under section 174.03, subdivisions 1a and 1c, and under the department's Annual
1.13Minnesota Transportation Performance Report, in which (i) the commissioner of
1.14transportation has identified a specific target or goal; and (ii) the measure pertains to
1.15roadway and bridge safety, infrastructure preservation, maintenance, mobility, and project
1.16accountability.
1.17(b) For purposes of this section:
1.18(1) "federal assistance on a rail guideway" applies to capital and operating assistance,
1.19applies to an existing rail guideway and development or expansion of a rail guideway,
1.20and includes but is not limited to system or corridor planning, project planning, feasibility
1.21study, alternatives analysis, environmental analysis, project scoping, design, preliminary
1.22engineering, final engineering, construction, and maintenance activities; and
1.23(2) "state agency" includes the metropolitan council, the Office of the Attorney
1.24General, and the Office of the Governor.
2.1 Subd. 2. Priority of highway system; restrictions on federal aid. (a) Unless the
2.2commissioner of transportation certifies, as provided in subdivision 3, that all roadway
2.3performance targets have been met or exceeded:
2.4(1) a state agency may not apply for or accept federal funds for federal assistance
2.5on a rail guideway;
2.6(2) a state agency may not enter into a memorandum of understanding or agreement
2.7that primarily relates to federal assistance on a rail guideway; and
2.8(3) a political subdivision, including but not limited to a county, statutory or home
2.9rule charter city, joint powers board, or regional railroad authority, may not enter into a
2.10memorandum of understanding or agreement that primarily relates to federal assistance on
2.11a rail guideway if the memorandum or agreement includes, or otherwise anticipates at
2.12some future time, financial assistance from any state source of funds.
2.13(b) Paragraph (a) applies notwithstanding sections 161.36; 174.634, paragraph (a);
2.14174.636, paragraph (a); 174.88, subdivision 1; and 473.3997.
2.15 Subd. 3. Certification. (a) In conjunction with adoption of each report or plan
2.16containing roadway performance targets, the commissioner of transportation shall certify
2.17the scores for each of the roadway performance targets to the governor and to the chairs
2.18and ranking minority members of the house of representatives and senate committees with
2.19jurisdiction over transportation policy and finance, including a finding of whether all
2.20roadway performance targets have been met or exceeded.
2.21(b) If a certification under paragraph (a) includes a finding that all roadway
2.22performance targets have been met or exceeded, then the certification is valid for purposes
2.23of subdivision 2 for a period of one fiscal year, beginning the first July 1 following the
2.24date of the certification.
2.25EFFECTIVE DATE.This section is effective the day following final enactment.
