1.1                          A bill for an act 
  1.2             relating to transportation; authorizing advance 
  1.3             payment when required by federal government for 
  1.4             transportation project; providing for payment for 
  1.5             costs of certain culverts when abutting landowner is a 
  1.6             road authority; providing for bridge inspections; 
  1.7             permitting transfer of extinguishment of access 
  1.8             rights; regulating snow fence easements, highway 
  1.9             closures, and signs; providing for the costs of town 
  1.10            highways and bridges; providing for revisions of state 
  1.11            transportation plan; transferring certain rules from 
  1.12            transportation regulation board to commissioner of 
  1.13            transportation; regulating charges for air 
  1.14            transportation services; modifying contractor bond 
  1.15            requirements for certain transportation projects; 
  1.16            authorizing conveyance of certain tax-forfeited and 
  1.17            acquired land that borders public water or natural 
  1.18            wetlands in Hennepin county; removing routes from 
  1.19            trunk highway system and changing descriptions of 
  1.20            certain routes; requiring certain representation in 
  1.21            study of commuter rail service; amending Minnesota 
  1.22            Statutes 1996, sections 84.63; 117.21; 160.18, 
  1.23            subdivision 1; 160.27, by adding a subdivision; 
  1.24            160.296, subdivision 1; 160.80, subdivision 1, and by 
  1.25            adding a subdivision; 161.082, subdivision 2a; 
  1.26            161.115, subdivisions 38 and 87; 165.03; 169.26, 
  1.27            subdivision 1; 174.03, subdivisions 1a and 2; 174A.06; 
  1.28            221.034, subdivisions 1 and 5; 270.077; 360.024; and 
  1.29            574.26, subdivision 1a; Laws 1997, chapter 159, 
  1.30            article 2, section 51, subdivision 1; proposing coding 
  1.31            for new law in Minnesota Statutes, chapter 16B; 
  1.32            repealing Minnesota Statutes 1996, section 161.115, 
  1.33            subdivisions 57 and 219. 
  1.34  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.35                             ARTICLE 1 
  1.36                       TRANSPORTATION POLICY 
  1.37     Section 1.  Minnesota Statutes 1996, section 84.63, is 
  1.38  amended to read: 
  1.39     84.63 [CONVEYANCE OF INTERESTS IN LANDS TO STATE AND 
  2.1   FEDERAL GOVERNMENTS.] 
  2.2      Notwithstanding any existing law to the contrary, the 
  2.3   commissioner of natural resources is hereby authorized on behalf 
  2.4   of the state to convey to the United States or to the state of 
  2.5   Minnesota or any of its subdivisions, upon state-owned lands 
  2.6   under the administration of the commissioner of natural 
  2.7   resources, permanent or temporary easements for specified 
  2.8   periods or otherwise for trails, highways, roads ~~and trails~~ 
  2.9   including limitation of right of access from the lands to 
  2.10  adjacent highways and roads, flowage for development of fish and 
  2.11  game resources, stream protection, flood control, and necessary 
  2.12  appurtenances thereto, such conveyances to be made upon such 
  2.13  terms and conditions including provision for reversion in the 
  2.14  event of nonuser as the commissioner of natural resources may 
  2.15  determine. 
  2.16     Sec. 2.  Minnesota Statutes 1996, section 117.21, is 
  2.17  amended to read: 
  2.18     117.21 [EASEMENT ~~TO~~ MAY INCLUDE SNOW FENCES.] 
  2.19     When the right to establish a public road is acquired by 
  2.20  the state, or by any of its agencies or political subdivisions, 
  2.21  there ~~shall~~ may be included in the easement so acquired the 
  2.22  power to erect and maintain temporary snow fences as required 
  2.23  upon lands adjoining the highway part of which lands have been 
  2.24  taken for road purposes.  If included, the right to erect and 
  2.25  maintain such fences shall be considered in awarding damages, 
  2.26  and any award shall be conclusively presumed to include the 
  2.27  damages, if any, caused by the right to erect and maintain such 
  2.28  fences~~; provided, that, if the state, or agency or political~~ 
  2.29  ~~subdivision thereof, shall file with its petition, or at any~~ 
  2.30  ~~time before the question of damages is submitted to a jury, a~~ 
  2.31  ~~written disclaimer of its desire and intention to acquire a~~ 
  2.32  ~~right to erect and maintain snow fences as to any particular~~ 
  2.33  ~~tract of land involved, then no such right shall be acquired in~~ 
  2.34  ~~such proceeding and no consideration given to such fences as an~~ 
  2.35  ~~element of damage~~. 
  2.36     Sec. 3.  Minnesota Statutes 1996, section 160.27, is 
  3.1   amended by adding a subdivision to read: 
  3.2      Subd. 7.  [TRUNK HIGHWAY CLOSURE; AUTHORITY, NOTICE, CIVIL 
  3.3   PENALTY.] (a) The commissioner may restrict the use of, or 
  3.4   close, any state trunk highway for the protection and safety of 
  3.5   the public or for the protection of the highway from damage 
  3.6   during and after storms if there is danger of the road becoming 
  3.7   impassable or if visibility is so limited that safe travel is 
  3.8   unlikely. 
  3.9      (b) To notify the public that a trunk highway is closed or 
  3.10  its use restricted, the commissioner shall give notice by one or 
  3.11  more of the following methods: 
  3.12     (1) erect suitable barriers or obstructions on the highway; 
  3.13     (2) post warnings or notices of the closing or restricting 
  3.14  of a trunk highway; 
  3.15     (3) place signs to warn, detour, direct, or otherwise 
  3.16  control traffic on the highway; or 
  3.17     (4) place personnel to warn, detour, direct, or otherwise 
  3.18  control traffic on the highway. 
  3.19     (c) A person is civilly liable for rescue costs if the 
  3.20  person (1) fails to obey the direction or instruction of 
  3.21  authorized personnel at the location of the closed highway, or 
  3.22  (2) drives over, through, or around a barricade, fence, or 
  3.23  obstruction erected to prevent traffic from passing over a 
  3.24  portion of a highway closed to public travel.  "Civilly liable 
  3.25  for rescue costs" means that the person is liable to a state 
  3.26  agency or political subdivision for costs incurred for the 
  3.27  purpose of rescuing the person, any passengers, or the vehicle.  
  3.28  Civil liability may be imposed under this subdivision in 
  3.29  addition to the misdemeanor penalty imposed under subdivision 
  3.30  5.  However, civil liability must not exceed $10,000.  A fine 
  3.31  paid by a defendant in a misdemeanor action that arose from the 
  3.32  same violation may not be applied toward payment of the civil 
  3.33  liability imposed under this subdivision. 
  3.34     (d) A state agency or political subdivision that incurs 
  3.35  costs as described in paragraph (c) may bring an action to 
  3.36  recover the civil liability and related legal, administrative, 
  4.1   and court costs.  A civil action may be commenced as is any 
  4.2   civil action. 
  4.3      Sec. 4.  Minnesota Statutes 1996, section 160.296, 
  4.4   subdivision 1, is amended to read: 
  4.5      Subdivision 1.  [PROCEDURE.] (a) A person who desires a 
  4.6   specific service sign panel shall request the commissioner of 
  4.7   transportation to install the sign.  The commissioner of 
  4.8   transportation may grant the request if the applicant qualifies 
  4.9   for the sign panel and if space is available.  All signs shall 
  4.10  be fabricated, installed, maintained, replaced and removed by 
  4.11  the commissioner of transportation.  The applicant shall pay a 
  4.12  fee to the commissioner of transportation to cover all costs for 
  4.13  fabricating, installing, maintaining, replacing and removing.  
  4.14  ~~The requests for specific service sign panels shall be renewed~~ 
  4.15  ~~every three years.~~ 
  4.16     (b) If the applicant desires to display a business panel, 
  4.17  the business panel for each specific service sign panel shall be 
  4.18  supplied by the applicant.  All costs to fabricate business 
  4.19  panels shall be paid by the applicant.  All business panels 
  4.20  shall be installed and removed by the appropriate road 
  4.21  authority.  The costs for installing and removing business sign 
  4.22  panels on specific service signs located on nonfreeway trunk 
  4.23  highways are included in the fee specified in paragraph (a).  If 
  4.24  a business panel is stolen or damaged beyond repair, the 
  4.25  applicant shall supply a new business panel paid for by the 
  4.26  applicant. 
  4.27     Sec. 5.  Minnesota Statutes 1996, section 160.80, 
  4.28  subdivision 1, is amended to read: 
  4.29     Subdivision 1.  [COMMISSIONER MAY ESTABLISH PROGRAM.] (a) 
  4.30  The commissioner of transportation may establish a sign 
  4.31  franchise program for the purpose of providing on the 
  4.32  right-of-way of interstate and controlled-access trunk highways 
  4.33  specific information on gas, food, camping, and lodging, for the 
  4.34  benefit of the motoring public.  
  4.35     (b) The sign franchise program must include urban 
  4.36  interstate highways.  ~~The commissioner may implement policies~~ 
  5.1   ~~that apply only to signs on interstate highways in urban areas,~~ 
  5.2   ~~such as distance requirements from the interstate for eligible~~ 
  5.3   ~~services, priority issues, and mixing of service logos.~~ 
  5.4      Sec. 6.  Minnesota Statutes 1996, section 160.80, is 
  5.5   amended by adding a subdivision to read: 
  5.6      Subd. 1a.  [ELIGIBILITY CRITERIA FOR BUSINESS PANELS.] (a) 
  5.7   To be eligible for a business panel on a logo sign panel, a 
  5.8   business establishment must: 
  5.9      (1) be open for business; 
  5.10     (2) have a sign on site that both identifies the business 
  5.11  and is visible to motorists; 
  5.12     (3) be open to everyone, regardless of race, religion, 
  5.13  color, age, sex, national origin, creed, marital status, sexual 
  5.14  orientation, or disability; 
  5.15     (4) not impose a cover charge or otherwise require 
  5.16  customers to purchase additional products or services; and 
  5.17     (5) meet the appropriate criteria in paragraphs (b) to (e). 
  5.18     (b) Gas businesses must provide vehicle services including 
  5.19  fuel and oil; restroom facilities and drinking water; 
  5.20  continuous, staffed operation at least 12 hours a day, seven 
  5.21  days a week; and public access to a telephone. 
  5.22     (c) Food businesses must serve at least two meals a day 
  5.23  during normal mealtimes of breakfast, lunch, and dinner; provide 
  5.24  a continuous, staffed food service operation at least ten hours 
  5.25  a day, seven days a week except holidays as defined in section 
  5.26  645.44, subdivision 5, and except as provided for seasonal food 
  5.27  service businesses; provide seating capacity for at least 20 
  5.28  people; serve meals prepared on the premises; and possess any 
  5.29  required state or local licensing or approval.  Reheated, 
  5.30  prepackaged, ready-to-eat food is not food prepared on the 
  5.31  premises.  Seasonal food service businesses must provide a 
  5.32  continuous, staffed food service operation at least ten hours a 
  5.33  day, seven days a week, during their months of operation. 
  5.34     (d) Lodging businesses must include sleeping 
  5.35  accommodations, provide public access to a telephone, and 
  5.36  possess any required state or local licensing or approval. 
  6.1      (e) Camping businesses must include sites for camping, 
  6.2   include parking accommodations for each campsite, provide 
  6.3   sanitary facilities and drinking water, and possess any required 
  6.4   state or local licensing or approval. 
  6.5      (f) Businesses that do not meet the appropriate criteria in 
  6.6   paragraphs (b) to (e) but that have a signed lease as of January 
  6.7   1, 1998, may retain the business panel until December 31, 2005, 
  6.8   or until they withdraw from the program, whichever occurs first, 
  6.9   provided they continue to meet the criteria in effect in the 
  6.10  department's contract with the logo sign vendor on August 1, 
  6.11  1995.  After December 31, 2005, or after withdrawing from the 
  6.12  program, a business must meet the appropriate criteria in 
  6.13  paragraphs (a) to (e) to qualify for a business panel. 
  6.14     (g) Seasonal businesses must indicate to motorists when 
  6.15  they are open for business by either putting the full months of 
  6.16  operation directly on the business panel or by having a "closed" 
  6.17  plaque applied to the business panel when the business is closed 
  6.18  for the season. 
  6.19     (h) The maximum distance that an eligible business in 
  6.20  Anoka, Carver, Dakota, Hennepin, Ramsey, Scott, or Washington 
  6.21  county can be located from the interchange is:  for gas 
  6.22  businesses, one mile; for food businesses, two miles; for 
  6.23  lodging businesses, three miles; and for camping businesses, ten 
  6.24  miles. 
  6.25     (i) The maximum distance that an eligible business in any 
  6.26  other county can be located from the interchange shall not 
  6.27  exceed 15 miles in either direction.  
  6.28     (j) Logo sign panels must be erected so that motorists 
  6.29  approaching an interchange view the panels in the following 
  6.30  order:  camping, lodging, food, gas. 
  6.31     (k) If there is insufficient space on a logo sign panel to 
  6.32  display all eligible businesses for a specific type of service, 
  6.33  the businesses closest to the interchange have priority over 
  6.34  businesses farther away from the interchange. 
  6.35     Sec. 7.  Minnesota Statutes 1996, section 161.082, 
  6.36  subdivision 2a, is amended to read: 
  7.1      Subd. 2a.  [TOWN BRIDGES AND CULVERTS; TOWN ROAD ACCOUNT.] 
  7.2   (a) An amount equal to 25 percent of the county turnback account 
  7.3   must be expended on town road bridge structures that are ten 
  7.4   feet or more in length and on town road culverts that replace 
  7.5   existing town road bridges.  In addition, if the present bridge 
  7.6   structure is less than ten feet in length but a hydrological 
  7.7   survey indicates that the replacement bridge structure or 
  7.8   culvert must be ten feet or more in length, then the bridge or 
  7.9   culvert is eligible for replacement funds. 
  7.10     (b) In addition, if a culvert that replaces a deficient 
  7.11  bridge is in a county comprehensive water plan approved by the 
  7.12  board of water and soil resources and the department of natural 
  7.13  resources, the costs of the culvert and roadway grading other 
  7.14  than surfacing are eligible for replacement funds up to the cost 
  7.15  of constructing a replacement bridge. 
  7.16     (c) The expenditures on ~~bridge structures and culverts may~~ 
  7.17  ~~be on a matching basis, and if on a matching basis, not more~~ 
  7.18  ~~than 90 percent of the cost of~~ a bridge structure or culvert may 
  7.19  be paid from the county turnback account and may be for 100 
  7.20  percent of the cost of the replacement structure or culvert or 
  7.21  for 100 percent of the cost of rehabilitating the existing 
  7.22  structure. 
  7.23     (d) The town bridge account may be used to pay the costs to 
  7.24  abandon an existing bridge that is deficient and in need of 
  7.25  replacement, but where no replacement will be made.  It may also 
  7.26  be used to pay the costs to construct a road or street to 
  7.27  facilitate the abandonment of an existing bridge determined by 
  7.28  the commissioner to be deficient, if the commissioner determines 
  7.29  that construction of the road or street is more cost efficient 
  7.30  than replacing the existing bridge. 
  7.31     (e) When bridge approach construction work exceeds $10,000 
  7.32  in costs, or when the county engineer determines that the cost 
  7.33  of the replacement culverts alone will not exceed $20,000, the 
  7.34  town shall be eligible for financial assistance from the town 
  7.35  bridge account.  Financial assistance shall be requested by 
  7.36  resolution of the county board and shall be limited to: 
  8.1      (1) 100 percent of the cost of the bridge approach work 
  8.2   that is in excess of $10,000; or 
  8.3      (2) 100 percent of the cost of the replacement culverts 
  8.4   when the cost does not exceed $20,000 and the town board agrees 
  8.5   to be responsible for all the other costs, which may include 
  8.6   costs for structural removal, installation, and permitting.  The 
  8.7   replacement structure design and costs shall be approved and 
  8.8   certified by the county engineer, but need not be subsequently 
  8.9   approved by the department of transportation. 
  8.10     (f) An amount equal to 47.5 percent of the county turnback 
  8.11  account must be set aside as a town road account and distributed 
  8.12  as provided in section 162.081. 
  8.13     Sec. 8.  Minnesota Statutes 1996, section 169.26, 
  8.14  subdivision 1, is amended to read: 
  8.15     Subdivision 1.  [REQUIREMENTS.] (a) When any person driving 
  8.16  a vehicle approaches a railroad grade crossing under any of the 
  8.17  circumstances stated in this paragraph, the driver shall stop 
  8.18  the vehicle not less than ten feet from the nearest railroad 
  8.19  track and shall not proceed until safe to do so.  These 
  8.20  requirements apply when:  
  8.21     (1) a clearly visible electric or mechanical signal device 
  8.22  warns of the immediate approach of a railroad train; or 
  8.23     (2) ~~a crossing gate is lowered warning of the immediate~~ 
  8.24  ~~approach or passage of a railroad train; or~~ 
  8.25     ~~(3)~~ an approaching railroad train is plainly visible and is 
  8.26  in hazardous proximity.  
  8.27     (b) The fact that a moving train approaching a railroad 
  8.28  grade crossing is visible from the crossing is prima facie 
  8.29  evidence that it is not safe to proceed. 
  8.30     (c) The driver of a vehicle shall stop and remain stopped 
  8.31  and not traverse the grade crossing when a human flagger signals 
  8.32  the approach or passage of a train or when a crossing gate is 
  8.33  lowered to warn of the immediate approach or passage of a 
  8.34  railroad train.  No person may (1) drive a vehicle past a 
  8.35  flagger at a railroad crossing until the flagger signals that 
  8.36  the way is clear to proceed, or (2) drive a vehicle past a 
  9.1   lowered crossing gate. 
  9.2      Sec. 9.  Minnesota Statutes 1996, section 174.03, 
  9.3   subdivision 1a, is amended to read: 
  9.4      Subd. 1a.  [REVISION OF STATE TRANSPORTATION PLAN.] The 
  9.5   commissioner shall revise the state transportation plan by 
  9.6   January 1, 1996, January 1, 2000, and, if the requirements of 
  9.7   clauses (1) and (2) have been met in the previous revision, by 
  9.8   January 1 of ~~each odd-numbered~~ every third even-numbered year 
  9.9   thereafter.  Before final adoption of a revised plan, the 
  9.10  commissioner shall hold a hearing to receive public comment on 
  9.11  the preliminary draft of the revised plan.  The revised state 
  9.12  transportation plan must: 
  9.13     (1) incorporate the goals of the state transportation 
  9.14  system in section 174.01; and 
  9.15     (2) establish objectives, policies, and strategies for 
  9.16  achieving those goals.  
  9.17     Sec. 10.  Minnesota Statutes 1996, section 174.03, 
  9.18  subdivision 2, is amended to read: 
  9.19     Subd. 2.  [IMPLEMENTATION OF PLAN.] After the adoption and 
  9.20  each revision of the statewide transportation plan, the 
  9.21  commissioner ~~and the transportation regulation board~~ shall take 
  9.22  no action inconsistent with the revised plan. 
  9.23     Sec. 11.  Minnesota Statutes 1996, section 221.034, 
  9.24  subdivision 1, is amended to read: 
  9.25     Subdivision 1.  [NOTICE REQUIRED.] At the earliest 
  9.26  practicable moment, each person who transports hazardous 
  9.27  materials, including hazardous wastes, shall give notice in 
  9.28  accordance with subdivision 2 after each incident that occurs 
  9.29  during the course of transportation including loading, 
  9.30  unloading, and temporary storage, in which as a direct result of 
  9.31  hazardous materials:  
  9.32     (1) a person is killed; 
  9.33     (2) a person receives injuries requiring hospitalization; 
  9.34     (3) estimated carrier or other property damage exceeds 
  9.35  $50,000; 
  9.36     (4) an evacuation of the general public occurs lasting one 
 10.1   or more hours; 
 10.2      (5) one or more major transportation arteries or facilities 
 10.3   are closed or shut down for one hour or more; 
 10.4      (6) the operational flight pattern or routine of an 
 10.5   aircraft is altered; 
 10.6      (7) fire, breakage, spillage, or suspected radioactive 
 10.7   contamination occurs involving shipment of radioactive material; 
 10.8      (8) fire, breakage, spillage, or suspected contamination 
 10.9   occurs involving shipment of etiologic agents; ~~or~~ 
 10.10     (9) a situation exists of such a nature that, in the 
 10.11  judgment of the carrier, it should be reported in accordance 
 10.12  with subdivision 2 even though it does not meet the criteria of 
 10.13  clause (1), (2), or (3), but a continuing danger to life exists 
 10.14  at the scene of the incident; or 
 10.15     (10) there has been a release of a marine pollutant in a 
 10.16  quantity exceeding 450 liters (119 gallons) for liquids or 450 
 10.17  kilograms (882 pounds) for solids.  
 10.18     Sec. 12.  Minnesota Statutes 1996, section 221.034, 
 10.19  subdivision 5, is amended to read: 
 10.20     Subd. 5.  [DISCHARGES NOT APPLICABLE.] Except as provided 
 10.21  in subdivision 6, the requirements of subdivision 3 do not apply 
 10.22  to incidents involving the unintentional release of hazardous 
 10.23  materials being transported under the following proper shipping 
 10.24  names:  
 10.25     (1) consumer commodity; 
 10.26     (2) battery, electric storage, wet, filled with acid or 
 10.27  alkali; 
 10.28     (3) paint, enamel, lacquer, stain, shellac or varnish 
 10.29  aluminum, bronze, gold, wood filler, and liquid or lacquer base 
 10.30  liquid when shipped in packagings of five gallons or less; or 
 10.31     (4) materials prepared and transported as a limited 
 10.32  quantity according to Code of Federal Regulations, title 49, 
 10.33  subchapter C. 
 10.34     Sec. 13.  Minnesota Statutes 1996, section 270.077, is 
 10.35  amended to read: 
 10.36     270.077 [TAXES CREDITED TO STATE AIRPORTS FUND ~~CREATED~~.] 
 11.1      ~~There is hereby created in the state treasury a fund to be~~ 
 11.2   ~~known as the state airports fund to which shall be credited the~~ 
 11.3   ~~proceeds of~~ All taxes levied under sections 270.071 to 270.079 
 11.4   ~~and all other moneys which may be deposited to the credit~~ 
 11.5   ~~thereof pursuant to any other provision of law.  All moneys in~~ 
 11.6   ~~the state airports fund are hereby appropriated to the~~ 
 11.7   ~~commissioner of transportation for the purpose of acquiring,~~ 
 11.8   ~~constructing, improving, maintaining, and operating airports and~~ 
 11.9   ~~other air navigation facilities for the state, and to assist~~ 
 11.10  ~~municipalities within the state in the acquisition,~~ 
 11.11  ~~construction, improvement, and maintenance of airports and other~~ 
 11.12  ~~air navigation facilities~~ must be credited to the state airports 
 11.13  fund created in section 360.017. 
 11.14     Sec. 14.  Minnesota Statutes 1996, section 360.024, is 
 11.15  amended to read: 
 11.16     360.024 [AIR TRANSPORTATION ~~SERVICES, COST REIMBURSEMENT~~ 
 11.17  SERVICE CHARGES.] 
 11.18     The commissioner shall charge users of air transportation 
 11.19  services provided by the commissioner for ~~all~~ direct operating 
 11.20  costs, ~~including salaries and acquisition of~~ excluding pilot 
 11.21  salary and aircraft acquisition costs.  All receipts for these 
 11.22  services shall be deposited in the air transportation services 
 11.23  account in the state airports fund and are appropriated to the 
 11.24  commissioner to pay ~~all~~ these direct air service operating costs 
 11.25  ~~, including salaries~~.  ~~Receipts to cover the cost of acquisition~~ 
 11.26  ~~of aircraft must be transferred and credited to the account or~~ 
 11.27  ~~fund whose assets were used for the acquisition.~~ 
 11.28     Sec. 15.  Laws 1997, chapter 159, article 2, section 51, 
 11.29  subdivision 1, is amended to read: 
 11.30     Subdivision 1.  [STUDY.] The commissioner of 
 11.31  transportation, through the division of railroads and waterways, 
 11.32  shall conduct a study of the potential of utilizing freight rail 
 11.33  corridors ~~in~~ of the Twin Cities metropolitan area for commuter 
 11.34  rail service.  The commissioner shall perform the study in 
 11.35  coordination with the metropolitan council and other affected 
 11.36  metropolitan regional rail authorities ~~and~~, affected 
 12.1   metropolitan railroad companies, and the designated 
 12.2   representatives of organized railroad employees.  At least one 
 12.3   representative of regional rail authorities, of railroad 
 12.4   management, of operating craft employees, and of nonoperating 
 12.5   craft employees shall serve on the policy formulation body and 
 12.6   all other bodies of the study committee.  Both employee members 
 12.7   shall be selected by representatives of rail employees.  The 
 12.8   study committee shall consider, among other things, the positive 
 12.9   and negative effects of commuter rail service on surrounding 
 12.10  neighborhoods. 
 12.11     Sec. 16.  [REPEALER.] 
 12.12     Minnesota Statutes 1996, section 161.115, subdivision 219, 
 12.13  is repealed when the transfer of jurisdiction of legislative 
 12.14  route No. 288 agreed to by the commissioner of transportation 
 12.15  and the Anoka county board and a copy of the agreement, signed 
 12.16  by the commissioner and the chair of the Anoka county board, is 
 12.17  filed in the office of the commissioner. 
 12.18     Sec. 17.  [INSTRUCTION TO THE REVISOR.] 
 12.19     The revisor of statutes shall delete the route identified 
 12.20  in section 16 in the next publication of Minnesota Statutes 
 12.21  unless the commissioner of transportation informs the revisor 
 12.22  that the conditions required to transfer the route were not 
 12.23  satisfied. 
 12.24     Sec. 18.  [EFFECTIVE DATE.] 
 12.25     Sections 5, 6, and 15 are effective the day following final 
 12.26  enactment. 
 12.27                             ARTICLE 2 
 12.28                      TRANSPORTATION PROGRAMS 
 12.29     Section 1.  [16B.171] [EXCEPTION FOR FEDERAL TRANSPORTATION 
 12.30  CONTRACTS.] 
 12.31     Notwithstanding section 16B.17 or other law to the 
 12.32  contrary, the commissioner of transportation may, when required 
 12.33  by a federal agency entering into an intergovernmental contract, 
 12.34  negotiate contract terms providing for full or partial 
 12.35  prepayment to the federal agency before work is performed or 
 12.36  services are provided. 
 13.1      Sec. 2.  Minnesota Statutes 1996, section 160.18, 
 13.2   subdivision 1, is amended to read: 
 13.3      Subdivision 1.  [CULVERT ON EXISTING HIGHWAYS.] Except when 
 13.4   the easement of access has been acquired, ~~the~~ a road ~~authorities~~ 
 13.5   authority, ~~other than town boards and county boards,~~ as to 
 13.6   ~~highways~~ a highway already established and constructed ~~shall~~ 
 13.7   ~~furnish one substantial culvert to an abutting owner in cases~~ 
 13.8   ~~where the culvert is necessary for~~, may grant by permit a 
 13.9   suitable approach to ~~such~~ the highway.  ~~A town board shall~~ 
 13.10  ~~furnish one substantial culvert to an abutting owner in cases~~ 
 13.11  ~~where the culvert is necessary for suitable approach to a town~~ 
 13.12  ~~road, provided that at any annual town meeting the electors of~~ 
 13.13  ~~any town may by resolution authorize the town board to require~~ 
 13.14  ~~that all or part of the costs of the furnishing of all culverts~~ 
 13.15  ~~on the town roads of such town be paid by the abutting owner.  A~~ 
 13.16  ~~county board, by resolution, shall, before furnishing any~~ 
 13.17  ~~culverts after August 1, 1975, establish~~ The requesting abutting 
 13.18  property owner shall pay for the cost and installation of any 
 13.19  required culverts unless a road authority, other than the 
 13.20  commissioner, adopts by resolution a policy for the furnishing 
 13.21  of a culvert to an abutting owner when a culvert is necessary 
 13.22  for suitable approach to a ~~county and state-aid~~ road~~, and such~~.  
 13.23  The policy may include provisions for the payment of all or part 
 13.24  of the costs of furnishing ~~such culverts~~ the culvert by the 
 13.25  abutting landowner. 
 13.26     Sec. 3.  Minnesota Statutes 1996, section 161.115, 
 13.27  subdivision 38, is amended to read: 
 13.28     Subd. 38.  [ROUTE NO. 107.] Beginning at the terminus of 
 13.29  Route No. 10 on the westerly limits on the city of Minneapolis, 
 13.30  thence extending in an easterly direction to a point ~~on Route~~ 
 13.31  ~~No. 104 as herein established~~ at or near Washington Avenue in 
 13.32  the city of Minneapolis. 
 13.33     Sec. 4.  Minnesota Statutes 1996, section 161.115, 
 13.34  subdivision 87, is amended to read: 
 13.35     Subd. 87.  [ROUTE NO. 156.] Beginning at a point on Route 
 13.36  No. ~~394~~ 105 in the city of Minneapolis and extending in a 
 14.1   northerly and westerly direction to a point on Route No. 62 
 14.2   ~~easterly of the Great Northern Railway~~ at or near the city of 
 14.3   Coon Rapids. 
 14.4      Sec. 5.  Minnesota Statutes 1996, section 165.03, is 
 14.5   amended to read: 
 14.6      165.03 [STRENGTH OF BRIDGES; INSPECTIONS.] 
 14.7      Subdivision 1.  [STANDARDS GENERALLY.] Each bridge, 
 14.8   including a privately owned bridge, must conform to the 
 14.9   strength, width, clearance, and safety standards imposed by the 
 14.10  commissioner for the connecting highway or street.  This 
 14.11  subdivision applies to a bridge that is constructed after August 
 14.12  1, 1989, on any public highway or street.  The bridge must have 
 14.13  sufficient strength to support with safety the maximum vehicle 
 14.14  weights allowed under section 169.825 and must have the minimum 
 14.15  width specified in section 165.04, subdivision 3. 
 14.16     Subd. 2.  [INSPECTION AND INVENTORY RESPONSIBILITIES; 
 14.17  RULES; FORMS.] The commissioner of transportation shall adopt 
 14.18  official inventory and bridge inspection report forms for use in 
 14.19  making bridge inspections by the owners or highway authorities 
 14.20  specified by this subdivision.  Bridge inspections shall be made 
 14.21  at regular intervals, not to exceed two years, by the following 
 14.22  ~~officials~~ owner or official: 
 14.23     (a) The commissioner of transportation for all bridges 
 14.24  located wholly or partially within or over the right-of-way of a 
 14.25  state trunk highway. 
 14.26     (b) The county highway engineer for all bridges located 
 14.27  wholly or partially within or over the right-of-way of any 
 14.28  county or township road, or any street within a municipality 
 14.29  which does not have a city engineer regularly employed. 
 14.30     (c) The city engineer for all bridges located wholly or 
 14.31  partially within or over the right-of-way of any street located 
 14.32  within or along municipal limits. 
 14.33     (d) The commissioner of transportation in case of a toll 
 14.34  bridge that is used by the general public and that is not 
 14.35  inspected and certified under subdivision 6; provided, that the 
 14.36  commissioner of transportation may assess the owner for the 
 15.1   costs of such inspection. 
 15.2      (e) The owner of a bridge over a public highway or street 
 15.3   or that carries a roadway designated for public use by a public 
 15.4   authority, if not required to be inventoried and inspected under 
 15.5   clause (a), (b), (c), or (d). 
 15.6      The commissioner of transportation shall prescribe the 
 15.7   standards for bridge inspection and inventory by rules.  The 
 15.8   ~~specified~~ owner or highway ~~authorities~~ authority shall inspect 
 15.9   and inventory in accordance with these standards and furnish the 
 15.10  commissioner with such data as may be necessary to maintain a 
 15.11  central inventory. 
 15.12     Subd. 3.  [COUNTY INVENTORY AND INSPECTION RECORDS AND 
 15.13  REPORTS.] The county engineer shall maintain a complete 
 15.14  inventory record of all bridges as set forth in subdivision 2, 
 15.15  clause (b), with the inspection reports thereof, and shall 
 15.16  certify annually to the commissioner, as prescribed by the 
 15.17  commissioner, that inspections have been made at regular 
 15.18  intervals not to exceed two years.  A report of the inspections 
 15.19  shall be filed annually, on or before February 15 of each year, 
 15.20  with the county auditor or ~~township~~ town clerk, or the governing 
 15.21  body of the municipality.  The report shall contain 
 15.22  recommendations for the correction of, or legal posting of load 
 15.23  limits on any bridge or structure that is found to be 
 15.24  understrength or unsafe. 
 15.25     Subd. 4.  [MUNICIPAL INVENTORY AND INSPECTION RECORDS AND 
 15.26  REPORTS.] The city engineer shall maintain a complete inventory 
 15.27  record of all bridges as set forth in subdivision 2, clause (c), 
 15.28  with the inspection reports thereof, and shall certify annually 
 15.29  to the commissioner, as prescribed by the commissioner, that 
 15.30  inspections have been made at regular intervals not to exceed 
 15.31  two years.  A report of the inspections shall be filed annually, 
 15.32  on or before February 15 of each year, with the governing body 
 15.33  of the municipality.  The report shall contain recommendations 
 15.34  for the correction of, or legal posting of load limits on any 
 15.35  bridge or structure that is found to be understrength or unsafe. 
 15.36     Subd. 5.  [AGREEMENTS.] Agreements may be made among the 
 16.1   various units of governments, or between governmental units and 
 16.2   qualified engineering personnel to carry out the 
 16.3   responsibilities for the bridge inspections and reports, as 
 16.4   established by subdivision 2. 
 16.5      Subd. 6.  [~~TOLL~~ OTHER BRIDGES.] The owner of a toll bridge 
 16.6   and the owner of a bridge described in subdivision 2, clause 
 16.7   (e), shall certify to the commissioner, as prescribed by the 
 16.8   commissioner, that inspections of the bridge have been made at 
 16.9   regular intervals not to exceed two years.  The certification 
 16.10  shall be accompanied by a report of the inspection.  The report 
 16.11  shall contain recommendations for the correction of or legal 
 16.12  posting of load limitations if the bridge is found to be 
 16.13  understrength or unsafe. 
 16.14     Subd. 7.  [DEPARTMENT OF NATURAL RESOURCES BRIDGES.] (a) 
 16.15  Notwithstanding subdivision 2, the commissioners of 
 16.16  transportation and natural resources shall negotiate a 
 16.17  memorandum of understanding that governs the inspection of 
 16.18  bridges owned, operated, or maintained by the commissioner of 
 16.19  natural resources. 
 16.20     (b) The memorandum of understanding must provide for: 
 16.21     (1) the inspection and inventory of bridges subject to 
 16.22  federal law or regulations; 
 16.23     (2) the frequency of inspection of bridges described in 
 16.24  paragraph (a); and 
 16.25     (3) who may perform inspections required under the 
 16.26  memorandum of understanding. 
 16.27     Sec. 6.  Minnesota Statutes 1996, section 174A.06, is 
 16.28  amended to read: 
 16.29     174A.06 [CONTINUATION OF RULES.] 
 16.30     Orders and directives ~~heretofore~~ in force, issued, or 
 16.31  promulgated ~~by the public service commission, public utilities~~ 
 16.32  ~~commission, or the department of transportation~~ under authority 
 16.33  of chapters 174A, 216A, 218, 219, ~~and~~ 221, and 222 remain and 
 16.34  continue in force and effect until repealed, modified, or 
 16.35  superseded by duly authorized orders or directives of 
 16.36  the commissioner of transportation ~~regulation board~~.  To the 
 17.1   extent allowed under federal law or regulation, rules adopted ~~by~~ 
 17.2   ~~the public service commission, public utilities commission or~~ 
 17.3   ~~the department of transportation~~ under authority of the 
 17.4   following sections are transferred to the commissioner of 
 17.5   transportation ~~regulation board~~ and continue in force and effect 
 17.6   until repealed, modified, or superseded by duly authorized rules 
 17.7   of the ~~transportation regulation board~~ commissioner:  
 17.8      (1) ~~section 218.041 except rules related to the form and~~ 
 17.9   ~~manner of filing railroad rates, railroad accounting rules, and~~ 
 17.10  ~~safety rules;~~ 
 17.11     ~~(2)~~ section 219.40; 
 17.12     ~~(3)~~ (2) rules relating to rates or tariffs, or the 
 17.13  granting, limiting, or modifying of permits or certificates of 
 17.14  convenience and necessity under section 221.031, subdivision 1; 
 17.15     ~~(4)~~ (3) rules relating to the sale, assignment, pledge, or 
 17.16  other transfer of a stock interest in a corporation holding 
 17.17  authority to operate as a permit carrier as prescribed in 
 17.18  section 221.151, subdivision 1, or a local cartage carrier under 
 17.19  section 221.296, subdivision 8; 
 17.20     ~~(5)~~ (4) rules relating to rates, charges, and practices 
 17.21  under section 221.161, subdivision 4; and 
 17.22     ~~(6)~~ (5) rules relating to rates, tariffs, or the granting, 
 17.23  limiting, or modifying of permits under sections 221.121, 
 17.24  221.151, and 221.296 or certificates of convenience and 
 17.25  necessity under section 221.071.  
 17.26     The ~~board~~ commissioner shall review the transferred rules, 
 17.27  orders, and directives and, when appropriate, develop and adopt 
 17.28  new rules, orders, or directives ~~within 18 months of July 1,~~ 
 17.29  ~~1985~~. 
 17.30     Sec. 7.  Minnesota Statutes 1996, section 574.26, 
 17.31  subdivision 1a, is amended to read: 
 17.32     Subd. 1a.  [~~EXEMPTION;~~ EXEMPTIONS:  CERTAIN MANUFACTURERS; 
 17.33  COMMISSIONER OF TRANSPORTATION.] (a) Sections 574.26 to 574.32 
 17.34  do not apply to a manufacturer of public transit buses that 
 17.35  manufactures at least 100 public transit buses in a calendar 
 17.36  year.  For purposes of this section, "public transit bus" means 
 18.1   a motor vehicle designed to transport people, with a design 
 18.2   capacity for carrying more than 40 passengers, including the 
 18.3   driver.  The term "public transit bus" does not include a school 
 18.4   bus, as defined in section 169.01, subdivision 6. 
 18.5      (b) At the discretion of the commissioner of 
 18.6   transportation, sections 574.26 to 574.32 do not apply to any 
 18.7   projects of the department of transportation (1) costing less 
 18.8   than $75,000, or (2) involving the permanent or semipermanent 
 18.9   installation of heavy machinery, fixtures, or other capital 
 18.10  equipment to be used primarily for maintenance or repair. 
 18.11     Sec. 8.  [SALE OF TAX-FORFEITED LAND; HENNEPIN COUNTY.] 
 18.12     (a) Notwithstanding Minnesota Statutes, sections 92.45 and 
 18.13  282.018, subdivision 1, Hennepin county may sell to the 
 18.14  Minnesota department of transportation the tax-forfeited land 
 18.15  bordering public water that is described in paragraph (c). 
 18.16     (b) The conveyance must be in the form approved by the 
 18.17  attorney general. 
 18.18     (c) The land that may be conveyed is located in the city of 
 18.19  Champlin, Hennepin county and is described as:  That part of Lot 
 18.20  11, Block 5, Auditor's Subdivision No. 15, according to the plat 
 18.21  thereof on file and of record in the office of the County 
 18.22  Recorder in and for Hennepin County, Minnesota, lying south of a 
 18.23  line run parallel with and distant 43 feet north of the south 
 18.24  line of Government Lot 3, Section 19, Township 120 North, Range 
 18.25  21 West and lying east of a line run parallel with and distant 
 18.26  36.5 feet east of the west line of said Government Lot 3; 
 18.27  together with all right of access, being the right of ingress to 
 18.28  and egress from said Lot 11 to U.S. Highway No. 169 and Hayden 
 18.29  Lake Road. 
 18.30     Subject to permanent easement for sanitary sewers granted 
 18.31  to the metropolitan council on March 2, 1995, by the Hennepin 
 18.32  county auditor.  Subject to easements of record. 
 18.33     Sec. 9.  [REPEALER.] 
 18.34     Minnesota Statutes 1996, section 161.115, subdivision 57, 
 18.35  is repealed. 
 18.36     Sec. 10.  [EFFECTIVE DATE.] 
 19.1      Subdivision 1.  [DESCRIPTION OF ROUTE NO. 156 CHANGED; 
 19.2   EFFECTIVE DATE.] Section 4 is effective when the transfer of 
 19.3   jurisdiction of a portion of the old route is agreed to by the 
 19.4   commissioner of transportation and Hennepin county and a copy of 
 19.5   the agreement, signed by the commissioner and the chair of the 
 19.6   Hennepin county board, has been filed in the office of the 
 19.7   commissioner. 
 19.8      Subd. 2.  [OTHER PROVISIONS.] Section 1 is effective the 
 19.9   day following final enactment.  Sections 2 and 7 are effective 
 19.10  July 1, 1998.