1.1.................... moves to amend H.F. No. 518 as follows:
1.2Delete everything after the enacting clause and insert:
1.3 "Section 1. Minnesota Statutes 2010, section 162.02, subdivision 2, is amended to read:
1.4 Subd. 2.
Rules; advisory committee. (a) The rules shall be made and promulgated
1.5by the commissioner acting with the advice of a committee selected by the several county
1.6boards acting through the officers of the statewide association of county commissioners.
1.7The committee shall be composed of nine members so selected that each member shall
1.8be from a different state highway construction district. Not more than five of the nine
1.9members of the committee shall be county commissioners. The remaining members shall
1.10be county highway engineers. In the event that agreement cannot be reached on any rule,
1.11the commissioner's determination shall be final. The rules shall be printed and copies
1.12forwarded to the county engineers of the several counties.
For the purposes of this section,
1.13the expedited process for adopting rules established in section
14.389 may be used.
1.14(b) Notwithstanding section
15.059, subdivision 5, the committee does not expire.
1.15 Sec. 2. Minnesota Statutes 2010, section 162.02, subdivision 3, is amended to read:
1.16 Subd. 3.
Rules have force of law. The rules
shall have the force and effect of law
1.17upon compliance with the provisions of sections
14.05 to
14.28 as provided in chapter 14.
1.18 Sec. 3. Minnesota Statutes 2010, section 162.09, subdivision 2, is amended to read:
1.19 Subd. 2.
Rules; advisory committee. (a) The rules shall be made and promulgated
1.20by the commissioner acting with the advice of a committee selected by the governing
1.21bodies of such cities, acting through the officers of the statewide association of municipal
1.22officials. The committee shall be composed of 12 members, so selected that there shall be
1.23one member from each state highway construction district and in addition one member
1.24from each city of the first class. Not more than six members of the committee shall be
1.25elected officials of the cities. The remaining members of the committee shall be city
2.1engineers. In the event that agreement cannot be reached on any rule the commissioner's
2.2determination shall be final. The rules shall be printed and copies forwarded to the clerks
2.3and engineers of the cities.
For the purposes of this section, the expedited process for
2.4adopting rules established in section
14.389 may be used.
2.5(b) Notwithstanding section
15.059, subdivision 5, the committee does not expire.
2.6 Sec. 4. Minnesota Statutes 2010, section 162.09, subdivision 3, is amended to read:
2.7 Subd. 3.
Rules have force of law. The rules
shall have the force and effect of law
2.8upon compliance with the provisions of sections
14.05 to
14.28 as provided in chapter 14.
2.9 Sec. 5. Minnesota Statutes 2010, section 162.155, is amended to read:
2.10162.155 RULES FOR VARIANCES RULEMAKING.
2.11(a) The commissioner shall adopt rules
, no later than January 1, 1980, in accordance
2.12with sections
15.041 to
15.052, setting forth the criteria to be considered by the
2.13commissioner in evaluating requests for variances under sections
162.02, subdivision 3a
2.14and
162.09, subdivision 3a. The rules
shall must include, but are not limited to, economic,
2.15engineering and safety guidelines.
2.16(b) The
commissioner shall adopt rules establishing the engineering standards
2.17adopted pursuant to for cost estimation under section sections
162.07, subdivision 2,
2.18or and
162.13, subdivision 2, shall be adopted pursuant to the requirements of chapter
2.1915 by July 1, 1980.
2.20(c) The rules adopted by the commissioner under this section, and sections 162.02;
2.21162.07, subdivision 2; 162.09; and 162.13, subdivision 2, are exempt from the rulemaking
2.22provisions of Minnesota Statutes, chapter 14. The rules are subject to Minnesota Statutes,
2.23section 14.386, except that, notwithstanding paragraph (b) of that section, the rules
2.24continue in effect until repealed or superseded by other law or rule.
2.25 Sec. 6. Minnesota Statutes 2011 Supplement, section 169.86, subdivision 5, is
2.26amended to read:
2.27 Subd. 5.
Fees; proceeds deposited; appropriation. The commissioner, with
2.28respect to highways under the commissioner's jurisdiction, may charge a fee for each
2.29permit issued.
Unless otherwise specified, all such fees for permits issued by the
2.30commissioner of transportation shall be deposited in the state treasury and credited to
2.31the trunk highway fund. Except for those annual permits for which the permit fees are
2.32specified elsewhere in this chapter, the fees shall be:
2.33 (a) $15 for each single trip permit.
3.1 (b) $36 for each job permit. A job permit may be issued for like loads carried on
3.2a specific route for a period not to exceed two months. "Like loads" means loads of the
3.3same product, weight, and dimension.
3.4 (c) $60 for an annual permit to be issued for a period not to exceed 12 consecutive
3.5months. Annual permits may be issued for:
3.6 (1) motor vehicles used to alleviate a temporary crisis adversely affecting the safety
3.7or well-being of the public;
3.8 (2) motor vehicles which travel on interstate highways and carry loads authorized
3.9under subdivision 1a;
3.10 (3) motor vehicles operating with gross weights authorized under section
169.826,
3.11subdivision 1a
;
3.12 (4) special pulpwood vehicles described in section
169.863;
3.13 (5) motor vehicles bearing snowplow blades not exceeding ten feet in width;
3.14 (6) noncommercial transportation of a boat by the owner or user of the boat;
3.15 (7) motor vehicles carrying bales of agricultural products authorized under section
3.16169.862
; and
3.17(8) special milk-hauling vehicles authorized under section
169.867.
3.18 (d) $120 for an oversize annual permit to be issued for a period not to exceed 12
3.19consecutive months. Annual permits may be issued for:
3.20 (1) mobile cranes;
3.21 (2) construction equipment, machinery, and supplies;
3.22 (3) manufactured homes and manufactured storage buildings;
3.23 (4) implements of husbandry;
3.24 (5) double-deck buses;
3.25 (6) commercial boat hauling and transporting waterfront structures, including, but
3.26not limited to, portable boat docks and boat lifts;
3.27 (7) three-vehicle combinations consisting of two empty, newly manufactured trailers
3.28for cargo, horses, or livestock, not to exceed 28-1/2 feet per trailer; provided, however,
3.29the permit allows the vehicles to be moved from a trailer manufacturer to a trailer dealer
3.30only while operating on twin-trailer routes designated under section
169.81, subdivision 3,
3.31paragraph (c); and
3.32(8) vehicles operating on that portion of marked Trunk Highway 36 described in
3.33section
169.81, subdivision 3, paragraph (e).
3.34 (e) For vehicles which have axle weights exceeding the weight limitations of
3.35sections
169.823 to
169.829, an additional cost added to the fees listed above. However,
3.36this paragraph applies to any vehicle described in section
168.013, subdivision 3,
4.1paragraph (b), but only when the vehicle exceeds its gross weight allowance set forth in
4.2that paragraph, and then the additional cost is for all weight, including the allowance
4.3weight, in excess of the permitted maximum axle weight. The additional cost is equal
4.4to the product of the distance traveled times the sum of the overweight axle group cost
4.5factors shown in the following chart:
4.6
|
|
Overweight Axle Group Cost Factors
|
|
4.7
|
Weight (pounds)
|
|
Cost Per Mile For Each Group Of:
|
4.8
4.9
4.10
4.11
4.12
|
exceeding weight
limitations on axles
|
|
Two
consecutive
axles spaced
within 8 feet
or less
|
|
Three
consecutive
axles spaced
within 9 feet
or less
|
|
Four consecutive
axles spaced within
14 feet or less
|
4.13
|
0-2,000
|
|
.12
|
|
.05
|
|
.04
|
4.14
|
2,001-4,000
|
|
.14
|
|
.06
|
|
.05
|
4.15
|
4,001-6,000
|
|
.18
|
|
.07
|
|
.06
|
4.16
|
6,001-8,000
|
|
.21
|
|
.09
|
|
.07
|
4.17
|
8,001-10,000
|
|
.26
|
|
.10
|
|
.08
|
4.18
|
10,001-12,000
|
|
.30
|
|
.12
|
|
.09
|
4.19
4.20
|
12,001-14,000
|
|
Not
permitted
|
|
.14
|
|
.11
|
4.21
4.22
|
14,001-16,000
|
|
Not
permitted
|
|
.17
|
|
.12
|
4.23
4.24
|
16,001-18,000
|
|
Not
permitted
|
|
.19
|
|
.15
|
4.25
4.26
|
18,001-20,000
|
|
Not
permitted
|
|
Not
permitted
|
|
.16
|
4.27
4.28
|
20,001-22,000
|
|
Not
permitted
|
|
Not
permitted
|
|
.20
|
4.29The amounts added are rounded to the nearest cent for each axle or axle group. The
4.30additional cost does not apply to paragraph (c), clauses (1) and (3).
4.31For a vehicle found to exceed the appropriate maximum permitted weight, a cost-per-mile
4.32fee of 22 cents per ton, or fraction of a ton, over the permitted maximum weight is imposed
4.33in addition to the normal permit fee. Miles must be calculated based on the distance
4.34already traveled in the state plus the distance from the point of detection to a transportation
4.35loading site or unloading site within the state or to the point of exit from the state.
4.36 (f) As an alternative to paragraph (e), an annual permit may be issued for overweight,
4.37or oversize and overweight, mobile cranes; construction equipment, machinery, and
4.38supplies; implements of husbandry; and commercial boat hauling. The fees for the permit
4.39are as follows:
4.40
|
Gross Weight (pounds) of Vehicle
|
Annual Permit Fee
|
4.41
|
90,000
|
or less
|
$200
|
4.42
|
90,001
|
- 100,000
|
$300
|
5.1
|
100,001
|
- 110,000
|
$400
|
5.2
|
110,001
|
- 120,000
|
$500
|
5.3
|
120,001
|
- 130,000
|
$600
|
5.4
|
130,001
|
- 140,000
|
$700
|
5.5
|
140,001
|
- 145,000
|
$800
|
5.6If the gross weight of the vehicle is more than 145,000 pounds the permit fee is determined
5.7under paragraph (e).
5.8 (g) For vehicles which exceed the width limitations set forth in section
169.80 by
5.9more than 72 inches, an additional cost equal to $120 added to the amount in paragraph (a)
5.10when the permit is issued while seasonal load restrictions pursuant to section
169.87 are
5.11in effect.
5.12 (h) $85 for an annual permit to be issued for a period not to exceed 12 months, for
5.13refuse-compactor vehicles that carry a gross weight of not more than: 22,000 pounds on
5.14a single rear axle; 38,000 pounds on a tandem rear axle; or, subject to section
169.828,
5.15subdivision 2
, 46,000 pounds on a tridem rear axle. A permit issued for up to 46,000
5.16pounds on a tridem rear axle must limit the gross vehicle weight to not more than 62,000
5.17pounds.
5.18 (i) $300 for a motor vehicle described in section
169.8261. The fee under this
5.19paragraph must be deposited as follows:
5.20 (1) in fiscal years 2005 through 2010:
5.21 (i) (1) the first $50,000 in each fiscal year must be deposited in the trunk highway
5.22fund for costs related to administering the permit program and inspecting and posting
5.23bridges;
and
5.24 (ii) (2) all remaining money in each fiscal year must be deposited in
a the bridge
5.25inspection and signing account
as provided under subdivision 5a. in the special revenue
5.26fund. Money in the account is appropriated to the commissioner for:
5.27 (A) inspection of local bridges and identification of local bridges to be posted,
5.28including contracting with a consultant for some or all of these functions; and
5.29 (B) erection of weight-posting signs on local bridges; and
5.30 (2) in fiscal year 2011 and subsequent years must be deposited in the trunk highway
5.31fund.
5.32 (j) Beginning August 1, 2006, $200 for an annual permit for a vehicle operating
5.33under authority of section
169.824, subdivision 2, paragraph (a), clause (2).
5.34 Sec. 7. Minnesota Statutes 2010, section 169.86, is amended by adding a subdivision
5.35to read:
6.1 Subd. 5a. Bridge inspection and signing account; appropriation. (a) A bridge
6.2inspection and signing account is established in the special revenue fund. The account
6.3consists of fees for special permits as specified under this chapter, and any other money
6.4donated, allotted, transferred, or otherwise provided to the account.
6.5 (b) The revenue in the bridge inspection and signing account under this subdivision
6.6is annually appropriated to the commissioner for:
6.7 (1) inspection of local bridges and identification of local bridges to be posted,
6.8including contracting with a consultant for some or all of these functions; and
6.9 (2) erection of weight-posting signs on local bridges.
6.10 Sec. 8. Minnesota Statutes 2010, section 169.865, subdivision 4, is amended to read:
6.11 Subd. 4.
Deposit of revenues; appropriation. (a) Revenue from the permits issued
6.12by the commissioner under this section must be deposited
:
6.13(1) in fiscal years 2008 through 2011, in the bridge inspection and signing account
as
6.14provided under section 169.86, subdivision 5a. in the special revenue fund; and
6.15 (2) in fiscal year 2012 and subsequent years, in the trunk highway fund.
6.16 (b) The revenue in the bridge inspection and signing account under this section is
6.17annually appropriated to the commissioner for:
6.18 (1) inspection of local bridges and identification of local bridges to be posted,
6.19including contracting with a consultant for some or all of these functions; and
6.20 (2) erection of weight-posting signs on local bridges.
6.21 Sec. 9.
WATER PERMITTING PROCESSES FOR TRANSPORTATION
6.22PROJECTS; REPORT.
6.23By November 15, 2012, the commissioners of transportation, natural resources, and
6.24the Pollution Control Agency, in consultation with local road authorities and the Board of
6.25Water and Soil Resources, shall submit recommendations to the house of representatives
6.26and senate committees and divisions with primary jurisdiction over environment and
6.27natural resources policy and finance and transportation policy and finance on how water
6.28related permitting for transportation projects can best be streamlined through creation of a
6.29single-point of issuance system. The recommendations shall specifically:
6.30(1) outline a single-point of issuance system in which road authorities applying
6.31for state water permits would interact with a single state agency serving as the sole
6.32intermediary on behalf of all state agencies with an interest in a road authority's water
6.33permit application;
7.1(2) provide a goal for the maximum number of days that the state believes are
7.2necessary to issue final water permitting decisions;
7.3(3) identify how state entities with current oversight authority over water permitting
7.4decisions would allocate resources to accommodate a single-point of issuance system; and
7.5(4) suggest strategies to enhance the coordination of federal and state water
7.6permitting information gathering and decision-making."
7.7Delete the title and insert:
7.9relating to transportation; governing rulemaking and permits; amending
7.10rulemaking authority for state-aid program; amending allocation of funds from
7.11certain overdimension motor vehicle permits; requiring a legislative report
7.12on water permitting process for transportation projects; making clarifying
7.13and technical changes;amending Minnesota Statutes 2010, sections 162.02,
7.14subdivisions 2, 3; 162.09, subdivisions 2, 3; 162.155; 169.86, by adding a
7.15subdivision; 169.865, subdivision 4; Minnesota Statutes 2011 Supplement,
7.16section 169.86, subdivision 5."