Require payment of certain local government utility costs related to trunk highway construction out of the trunk highway fund

A bill for an act

relating to transportation; requiring payment of certain local government utility

costs related to trunk highway construction out of the trunk highway fund; amending

Minnesota Statutes 2024, section 161.46, subdivision 2.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

Minnesota Statutes 2024, section 161.46, subdivision 2, is amended to read:

Subd. 2.

Relocation of facilities; reimbursement.

new text begin
(a)
new text end
Whenever the commissioner

determines that the relocation of any utility facility is necessitated by the construction of a

project on the routes of federally aided trunk highways, including urban extensions thereof,

that are included within the National System of Interstate Highways, the owner or operator

of the utility facility must relocate the utility facility in accordance with the order of the

commissioner. Except as provided in section
161.45, subdivision
6, paragraph (d), or 7,

upon the completion of relocation of a utility facility, the cost of relocation must be

ascertained and paid out of the trunk highway fund by the commissioner, provided the

amount paid by the commissioner for reimbursement to a utility does not exceed the amount

on which the federal government bases its reimbursement for the interstate highway system.

new text begin

(b) When a local unit of government, as defined in section 18B.01, subdivision 14a, or

Minnesota Tribal government, as defined in section 10.65, subdivision 2, owns a utility

system for supplying light, water, sanitary sewer service, or storm sewer service and the

system is authorized by law to use a public highway for the location of the utility facility,

the remaining service life of the utility must be determined by the commissioner and must

be paid out of the trunk highway fund whenever the commissioner determines that a

relocation of the system is required by the construction of a project on the trunk highway

system.

new text end