Bill Text: MN SF1698 | 2011-2012 | 87th Legislature | Engrossed
Bill Title: State aid road program rulemaking authority modification; over-dimension motor vehicle permit provisions modification; bridge inspection and signing account establishment; water permitting process for transportation projects requirement
Spectrum: Bipartisan Bill
Status: (Introduced - Dead) 2012-04-19 - HF substituted on General Orders HF518 [SF1698 Detail]
Download: Minnesota-2011-SF1698-Engrossed.html
1.2relating to transportation; governing rulemaking and permits; amending
1.3rulemaking authority for state aid program; amending allocation of funds from
1.4certain over-dimension motor vehicle permits; requiring a legislative report
1.5on water permitting process for transportation projects; making clarifying
1.6and technical changes;amending Minnesota Statutes 2010, sections 162.02,
1.7subdivisions 2, 3; 162.09, subdivisions 2, 3; 162.155; 169.86, by adding a
1.8subdivision; 169.865, subdivision 4; Minnesota Statutes 2011 Supplement,
1.9section 169.86, subdivision 5.
1.10BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.11 Section 1. Minnesota Statutes 2010, section 162.02, subdivision 2, is amended to read:
1.12 Subd. 2. Rules; advisory committee. (a) The rules shall be made and promulgated
1.13by the commissioner acting with the advice of a committee selected by the several county
1.14boards acting through the officers of the statewide association of county commissioners.
1.15The committee shall be composed of nine members so selected that each member shall
1.16be from a different state highway construction district. Not more than five of the nine
1.17members of the committee shall be county commissioners. The remaining members shall
1.18be county highway engineers. In the event that agreement cannot be reached on any rule,
1.19the commissioner's determination shall be final. The rules shall be printed and copies
1.20forwarded to the county engineers of the several counties.For the purposes of this section,
1.21the expedited process for adopting rules established in section
14.389 may be used.
1.22(b) Notwithstanding section15.059, subdivision 5 , the committee does not expire.
1.23 Sec. 2. Minnesota Statutes 2010, section 162.02, subdivision 3, is amended to read:
1.24 Subd. 3. Rules have force of law. The rulesshall have the force and effect of law
1.25upon compliance with the provisions of sections
14.05 to
14.28
2.1 Sec. 3. Minnesota Statutes 2010, section 162.09, subdivision 2, is amended to read:
2.2 Subd. 2. Rules; advisory committee. (a) The rules shall be made and promulgated
2.3by the commissioner acting with the advice of a committee selected by the governing
2.4bodies of such cities, acting through the officers of the statewide association of municipal
2.5officials. The committee shall be composed of 12 members, so selected that there shall be
2.6one member from each state highway construction district and in addition one member
2.7from each city of the first class. Not more than six members of the committee shall be
2.8elected officials of the cities. The remaining members of the committee shall be city
2.9engineers. In the event that agreement cannot be reached on any rule the commissioner's
2.10determination shall be final. The rules shall be printed and copies forwarded to the clerks
2.11and engineers of the cities.For the purposes of this section, the expedited process for
2.12adopting rules established in section
14.389 may be used.
2.13(b) Notwithstanding section15.059, subdivision 5 , the committee does not expire.
2.14 Sec. 4. Minnesota Statutes 2010, section 162.09, subdivision 3, is amended to read:
2.15 Subd. 3. Rules have force of law. The rulesshall have the force and effect of law
2.16upon compliance with the provisions of sections
14.05 to
14.28
2.17 Sec. 5. Minnesota Statutes 2010, section 162.155, is amended to read:
2.18162.155RULES FOR VARIANCES RULEMAKING.
2.19(a) The commissioner shall adopt rules, no later than January 1, 1980, in accordance
2.20with sections
15.041 to
15.052, setting forth the criteria to be considered by the
2.21commissioner in evaluating requests for variances under sections162.02, subdivision 3a
2.22and162.09, subdivision 3a . The rules shall must include, but are not limited to, economic,
2.23engineering and safety guidelines.
2.24(b) The commissioner shall adopt rules establishing the engineering standards
2.25adopted pursuant to for cost estimation under section sections
162.07, subdivision 2 ,
2.26or and
162.13, subdivision 2 , shall be adopted pursuant to the requirements of chapter
2.2715 by July 1, 1980.
2.28(c) The rules adopted by the commissioner under this section, and sections
2.29162.02; 162.07, subdivision 2; 162.09; and 162.13, subdivision 2, are exempt from the
2.30rulemaking provisions of chapter 14. The rules are subject to section 14.386, except that,
2.31notwithstanding paragraph (b) of that section, the rules continue in effect until repealed or
2.32superseded by other law or rule.
3.1 Sec. 6. Minnesota Statutes 2011 Supplement, section 169.86, subdivision 5, is
3.2amended to read:
3.3 Subd. 5. Fees; proceeds deposited; appropriation. The commissioner, with
3.4respect to highways under the commissioner's jurisdiction, may charge a fee for each
3.5permit issued. Unless otherwise specified, all such fees for permits issued by the
3.6commissioner of transportation shall be deposited in the state treasury and credited to
3.7the trunk highway fund. Except for those annual permits for which the permit fees are
3.8specified elsewhere in this chapter, the fees shall be:
3.9 (a) $15 for each single trip permit.
3.10 (b) $36 for each job permit. A job permit may be issued for like loads carried on
3.11a specific route for a period not to exceed two months. "Like loads" means loads of the
3.12same product, weight, and dimension.
3.13 (c) $60 for an annual permit to be issued for a period not to exceed 12 consecutive
3.14months. Annual permits may be issued for:
3.15 (1) motor vehicles used to alleviate a temporary crisis adversely affecting the safety
3.16or well-being of the public;
3.17 (2) motor vehicles which travel on interstate highways and carry loads authorized
3.18under subdivision 1a;
3.19 (3) motor vehicles operating with gross weights authorized under section169.826,
3.20subdivision 1a ;
3.21 (4) special pulpwood vehicles described in section169.863 ;
3.22 (5) motor vehicles bearing snowplow blades not exceeding ten feet in width;
3.23 (6) noncommercial transportation of a boat by the owner or user of the boat;
3.24 (7) motor vehicles carrying bales of agricultural products authorized under section
3.25169.862
; and
3.26(8) special milk-hauling vehicles authorized under section169.867 .
3.27 (d) $120 for an oversize annual permit to be issued for a period not to exceed 12
3.28consecutive months. Annual permits may be issued for:
3.29 (1) mobile cranes;
3.30 (2) construction equipment, machinery, and supplies;
3.31 (3) manufactured homes and manufactured storage buildings;
3.32 (4) implements of husbandry;
3.33 (5) double-deck buses;
3.34 (6) commercial boat hauling and transporting waterfront structures, including, but
3.35not limited to, portable boat docks and boat lifts;
4.1 (7) three-vehicle combinations consisting of two empty, newly manufactured trailers
4.2for cargo, horses, or livestock, not to exceed 28-1/2 feet per trailer; provided, however,
4.3the permit allows the vehicles to be moved from a trailer manufacturer to a trailer dealer
4.4only while operating on twin-trailer routes designated under section169.81, subdivision 3 ,
4.5paragraph (c); and
4.6(8) vehicles operating on that portion of marked Trunk Highway 36 described in
4.7section169.81, subdivision 3 , paragraph (e).
4.8 (e) For vehicles which have axle weights exceeding the weight limitations of
4.9sections169.823 to
169.829 , an additional cost added to the fees listed above. However,
4.10this paragraph applies to any vehicle described in section168.013, subdivision 3 ,
4.11paragraph (b), but only when the vehicle exceeds its gross weight allowance set forth in
4.12that paragraph, and then the additional cost is for all weight, including the allowance
4.13weight, in excess of the permitted maximum axle weight. The additional cost is equal
4.14to the product of the distance traveled times the sum of the overweight axle group cost
4.15factors shown in the following chart:
4.39The amounts added are rounded to the nearest cent for each axle or axle group. The
4.40additional cost does not apply to paragraph (c), clauses (1) and (3).
5.1For a vehicle found to exceed the appropriate maximum permitted weight, a cost-per-mile
5.2fee of 22 cents per ton, or fraction of a ton, over the permitted maximum weight is imposed
5.3in addition to the normal permit fee. Miles must be calculated based on the distance
5.4already traveled in the state plus the distance from the point of detection to a transportation
5.5loading site or unloading site within the state or to the point of exit from the state.
5.6 (f) As an alternative to paragraph (e), an annual permit may be issued for overweight,
5.7or oversize and overweight, mobile cranes; construction equipment, machinery, and
5.8supplies; implements of husbandry; and commercial boat hauling. The fees for the permit
5.9are as follows:
5.18If the gross weight of the vehicle is more than 145,000 pounds the permit fee is determined
5.19under paragraph (e).
5.20 (g) For vehicles which exceed the width limitations set forth in section169.80 by
5.21more than 72 inches, an additional cost equal to $120 added to the amount in paragraph (a)
5.22when the permit is issued while seasonal load restrictions pursuant to section169.87 are
5.23in effect.
5.24 (h) $85 for an annual permit to be issued for a period not to exceed 12 months, for
5.25refuse-compactor vehicles that carry a gross weight of not more than: 22,000 pounds on
5.26a single rear axle; 38,000 pounds on a tandem rear axle; or, subject to section169.828,
5.27subdivision 2 , 46,000 pounds on a tridem rear axle. A permit issued for up to 46,000
5.28pounds on a tridem rear axle must limit the gross vehicle weight to not more than 62,000
5.29pounds.
5.30 (i) $300 for a motor vehicle described in section169.8261 . The fee under this
5.31paragraph must be deposited as follows:
5.32(1) in fiscal years 2005 through 2010:
5.33(i) (1) the first $50,000 in each fiscal year must be deposited in the trunk highway
5.34fund for costs related to administering the permit program and inspecting and posting
5.35bridges; and
6.1(ii) (2) all remaining money in each fiscal year must be deposited in a the bridge
6.2inspection and signing account as provided under subdivision 5a.in the special revenue
6.3fund. Money in the account is appropriated to the commissioner for:
6.4(A) inspection of local bridges and identification of local bridges to be posted,
6.5including contracting with a consultant for some or all of these functions; and
6.6(B) erection of weight-posting signs on local bridges; and
6.7(2) in fiscal year 2011 and subsequent years must be deposited in the trunk highway
6.8fund.
6.9 (j) Beginning August 1, 2006, $200 for an annual permit for a vehicle operating
6.10under authority of section169.824, subdivision 2 , paragraph (a), clause (2).
6.11 Sec. 7. Minnesota Statutes 2010, section 169.86, is amended by adding a subdivision
6.12to read:
6.13 Subd. 5a. Bridge inspection and signing account; appropriation. (a) A bridge
6.14inspection and signing account is established in the special revenue fund. The account
6.15consists of fees for special permits as specified under this chapter, and any other money
6.16donated, allotted, transferred, or otherwise provided to the account.
6.17 (b) The revenue in the bridge inspection and signing account under this subdivision
6.18is annually appropriated to the commissioner for:
6.19 (1) inspection of local bridges and identification of local bridges to be posted,
6.20including contracting with a consultant for some or all of these functions; and
6.21 (2) erection of weight-posting signs on local bridges.
6.22 Sec. 8. Minnesota Statutes 2010, section 169.865, subdivision 4, is amended to read:
6.23 Subd. 4. Deposit of revenues; appropriation. (a) Revenue from the permits issued
6.24by the commissioner under this section must be deposited:
6.25(1) in fiscal years 2008 through 2011, in the bridge inspection and signing account as
6.26provided under section 169.86, subdivision 5a.in the special revenue fund; and
6.27(2) in fiscal year 2012 and subsequent years, in the trunk highway fund.
6.28(b) The revenue in the bridge inspection and signing account under this section is
6.29annually appropriated to the commissioner for:
6.30(1) inspection of local bridges and identification of local bridges to be posted,
6.31including contracting with a consultant for some or all of these functions; and
6.32(2) erection of weight-posting signs on local bridges.
7.1 Sec. 9. WATER PERMITTING PROCESSES FOR TRANSPORTATION
7.2PROJECTS; REPORT.
7.3By January 15, 2013, the commissioners of transportation, natural resources, and the
7.4Pollution Control Agency, in consultation with local road authorities and the Board of
7.5Water and Soil Resources, shall submit recommendations to the house of representatives
7.6and senate committees and divisions with primary jurisdiction over environment and
7.7natural resources policy and finance and transportation policy and finance on how water
7.8related permitting for transportation projects can best be streamlined through creation of a
7.9single point of issuance system. The recommendations shall specifically:
7.10(1) outline a single point of issuance system in which road authorities applying
7.11for state water permits would interact with a single state agency serving as the sole
7.12intermediary on behalf of all state agencies with an interest in a road authority's water
7.13permit application;
7.14(2) provide a goal for the maximum number of days that the state believes are
7.15necessary to issue final water permitting decisions;
7.16(3) identify how state entities with current oversight authority over water permitting
7.17decisions would allocate resources to accommodate a single point of issuance system; and
7.18(4) suggest strategies to enhance the coordination of federal and state water
7.19permitting information gathering and decision-making.
7.20 Sec. 10. EFFECTIVE DATE.
7.21This act is effective July 1, 2012.
1.3rulemaking authority for state aid program; amending allocation of funds from
1.4certain over-dimension motor vehicle permits; requiring a legislative report
1.5on water permitting process for transportation projects; making clarifying
1.6and technical changes;amending Minnesota Statutes 2010, sections 162.02,
1.7subdivisions 2, 3; 162.09, subdivisions 2, 3; 162.155; 169.86, by adding a
1.8subdivision; 169.865, subdivision 4; Minnesota Statutes 2011 Supplement,
1.9section 169.86, subdivision 5.
1.10BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.11 Section 1. Minnesota Statutes 2010, section 162.02, subdivision 2, is amended to read:
1.12 Subd. 2. Rules; advisory committee. (a) The rules shall be made and promulgated
1.13by the commissioner acting with the advice of a committee selected by the several county
1.14boards acting through the officers of the statewide association of county commissioners.
1.15The committee shall be composed of nine members so selected that each member shall
1.16be from a different state highway construction district. Not more than five of the nine
1.17members of the committee shall be county commissioners. The remaining members shall
1.18be county highway engineers. In the event that agreement cannot be reached on any rule,
1.19the commissioner's determination shall be final. The rules shall be printed and copies
1.20forwarded to the county engineers of the several counties.
1.21
1.22(b) Notwithstanding section
1.23 Sec. 2. Minnesota Statutes 2010, section 162.02, subdivision 3, is amended to read:
1.24 Subd. 3. Rules have force of law. The rules
1.25
2.1 Sec. 3. Minnesota Statutes 2010, section 162.09, subdivision 2, is amended to read:
2.2 Subd. 2. Rules; advisory committee. (a) The rules shall be made and promulgated
2.3by the commissioner acting with the advice of a committee selected by the governing
2.4bodies of such cities, acting through the officers of the statewide association of municipal
2.5officials. The committee shall be composed of 12 members, so selected that there shall be
2.6one member from each state highway construction district and in addition one member
2.7from each city of the first class. Not more than six members of the committee shall be
2.8elected officials of the cities. The remaining members of the committee shall be city
2.9engineers. In the event that agreement cannot be reached on any rule the commissioner's
2.10determination shall be final. The rules shall be printed and copies forwarded to the clerks
2.11and engineers of the cities.
2.12
2.13(b) Notwithstanding section
2.14 Sec. 4. Minnesota Statutes 2010, section 162.09, subdivision 3, is amended to read:
2.15 Subd. 3. Rules have force of law. The rules
2.16
2.17 Sec. 5. Minnesota Statutes 2010, section 162.155, is amended to read:
2.18162.155
2.19(a) The commissioner shall adopt rules
2.20
2.21commissioner in evaluating requests for variances under sections
2.22and
2.23engineering and safety guidelines.
2.24(b) The commissioner shall adopt rules establishing the engineering standards
2.25
2.26
2.27
2.28(c) The rules adopted by the commissioner under this section, and sections
2.29162.02; 162.07, subdivision 2; 162.09; and 162.13, subdivision 2, are exempt from the
2.30rulemaking provisions of chapter 14. The rules are subject to section 14.386, except that,
2.31notwithstanding paragraph (b) of that section, the rules continue in effect until repealed or
2.32superseded by other law or rule.
3.1 Sec. 6. Minnesota Statutes 2011 Supplement, section 169.86, subdivision 5, is
3.2amended to read:
3.3 Subd. 5. Fees; proceeds deposited; appropriation. The commissioner, with
3.4respect to highways under the commissioner's jurisdiction, may charge a fee for each
3.5permit issued. Unless otherwise specified, all such fees for permits issued by the
3.6commissioner of transportation shall be deposited in the state treasury and credited to
3.7the trunk highway fund. Except for those annual permits for which the permit fees are
3.8specified elsewhere in this chapter, the fees shall be:
3.9 (a) $15 for each single trip permit.
3.10 (b) $36 for each job permit. A job permit may be issued for like loads carried on
3.11a specific route for a period not to exceed two months. "Like loads" means loads of the
3.12same product, weight, and dimension.
3.13 (c) $60 for an annual permit to be issued for a period not to exceed 12 consecutive
3.14months. Annual permits may be issued for:
3.15 (1) motor vehicles used to alleviate a temporary crisis adversely affecting the safety
3.16or well-being of the public;
3.17 (2) motor vehicles which travel on interstate highways and carry loads authorized
3.18under subdivision 1a;
3.19 (3) motor vehicles operating with gross weights authorized under section
3.20subdivision 1a
3.21 (4) special pulpwood vehicles described in section
3.22 (5) motor vehicles bearing snowplow blades not exceeding ten feet in width;
3.23 (6) noncommercial transportation of a boat by the owner or user of the boat;
3.24 (7) motor vehicles carrying bales of agricultural products authorized under section
3.26(8) special milk-hauling vehicles authorized under section
3.27 (d) $120 for an oversize annual permit to be issued for a period not to exceed 12
3.28consecutive months. Annual permits may be issued for:
3.29 (1) mobile cranes;
3.30 (2) construction equipment, machinery, and supplies;
3.31 (3) manufactured homes and manufactured storage buildings;
3.32 (4) implements of husbandry;
3.33 (5) double-deck buses;
3.34 (6) commercial boat hauling and transporting waterfront structures, including, but
3.35not limited to, portable boat docks and boat lifts;
4.1 (7) three-vehicle combinations consisting of two empty, newly manufactured trailers
4.2for cargo, horses, or livestock, not to exceed 28-1/2 feet per trailer; provided, however,
4.3the permit allows the vehicles to be moved from a trailer manufacturer to a trailer dealer
4.4only while operating on twin-trailer routes designated under section
4.5paragraph (c); and
4.6(8) vehicles operating on that portion of marked Trunk Highway 36 described in
4.7section
4.8 (e) For vehicles which have axle weights exceeding the weight limitations of
4.9sections
4.10this paragraph applies to any vehicle described in section
4.11paragraph (b), but only when the vehicle exceeds its gross weight allowance set forth in
4.12that paragraph, and then the additional cost is for all weight, including the allowance
4.13weight, in excess of the permitted maximum axle weight. The additional cost is equal
4.14to the product of the distance traveled times the sum of the overweight axle group cost
4.15factors shown in the following chart:
4.39The amounts added are rounded to the nearest cent for each axle or axle group. The
4.40additional cost does not apply to paragraph (c), clauses (1) and (3).
5.1For a vehicle found to exceed the appropriate maximum permitted weight, a cost-per-mile
5.2fee of 22 cents per ton, or fraction of a ton, over the permitted maximum weight is imposed
5.3in addition to the normal permit fee. Miles must be calculated based on the distance
5.4already traveled in the state plus the distance from the point of detection to a transportation
5.5loading site or unloading site within the state or to the point of exit from the state.
5.6 (f) As an alternative to paragraph (e), an annual permit may be issued for overweight,
5.7or oversize and overweight, mobile cranes; construction equipment, machinery, and
5.8supplies; implements of husbandry; and commercial boat hauling. The fees for the permit
5.9are as follows:
5.18If the gross weight of the vehicle is more than 145,000 pounds the permit fee is determined
5.19under paragraph (e).
5.20 (g) For vehicles which exceed the width limitations set forth in section
5.21more than 72 inches, an additional cost equal to $120 added to the amount in paragraph (a)
5.22when the permit is issued while seasonal load restrictions pursuant to section
5.23in effect.
5.24 (h) $85 for an annual permit to be issued for a period not to exceed 12 months, for
5.25refuse-compactor vehicles that carry a gross weight of not more than: 22,000 pounds on
5.26a single rear axle; 38,000 pounds on a tandem rear axle; or, subject to section
5.27subdivision 2
5.28pounds on a tridem rear axle must limit the gross vehicle weight to not more than 62,000
5.29pounds.
5.30 (i) $300 for a motor vehicle described in section
5.31paragraph must be deposited as follows:
5.32
5.33
5.34fund for costs related to administering the permit program and inspecting and posting
5.35bridges; and
6.1
6.2inspection and signing account as provided under subdivision 5a.
6.3
6.4
6.5
6.6
6.7
6.8
6.9 (j) Beginning August 1, 2006, $200 for an annual permit for a vehicle operating
6.10under authority of section
6.11 Sec. 7. Minnesota Statutes 2010, section 169.86, is amended by adding a subdivision
6.12to read:
6.13 Subd. 5a. Bridge inspection and signing account; appropriation. (a) A bridge
6.14inspection and signing account is established in the special revenue fund. The account
6.15consists of fees for special permits as specified under this chapter, and any other money
6.16donated, allotted, transferred, or otherwise provided to the account.
6.17 (b) The revenue in the bridge inspection and signing account under this subdivision
6.18is annually appropriated to the commissioner for:
6.19 (1) inspection of local bridges and identification of local bridges to be posted,
6.20including contracting with a consultant for some or all of these functions; and
6.21 (2) erection of weight-posting signs on local bridges.
6.22 Sec. 8. Minnesota Statutes 2010, section 169.865, subdivision 4, is amended to read:
6.23 Subd. 4. Deposit of revenues
6.24by the commissioner under this section must be deposited
6.25
6.26provided under section 169.86, subdivision 5a.
6.27
6.28
6.29
6.30
6.31
6.32
7.1 Sec. 9. WATER PERMITTING PROCESSES FOR TRANSPORTATION
7.2PROJECTS; REPORT.
7.3By January 15, 2013, the commissioners of transportation, natural resources, and the
7.4Pollution Control Agency, in consultation with local road authorities and the Board of
7.5Water and Soil Resources, shall submit recommendations to the house of representatives
7.6and senate committees and divisions with primary jurisdiction over environment and
7.7natural resources policy and finance and transportation policy and finance on how water
7.8related permitting for transportation projects can best be streamlined through creation of a
7.9single point of issuance system. The recommendations shall specifically:
7.10(1) outline a single point of issuance system in which road authorities applying
7.11for state water permits would interact with a single state agency serving as the sole
7.12intermediary on behalf of all state agencies with an interest in a road authority's water
7.13permit application;
7.14(2) provide a goal for the maximum number of days that the state believes are
7.15necessary to issue final water permitting decisions;
7.16(3) identify how state entities with current oversight authority over water permitting
7.17decisions would allocate resources to accommodate a single point of issuance system; and
7.18(4) suggest strategies to enhance the coordination of federal and state water
7.19permitting information gathering and decision-making.
7.20 Sec. 10. EFFECTIVE DATE.
7.21This act is effective July 1, 2012.
