State Legislation
Introduction
The Minnesota State Legislature is currently in session and is scheduled to adjourn in May of 2008. Here is the latest from ACEC/MN regarding our general positions and what is currently in play this legislative session.
2008 Legislative Session Off & Running
This legislative session has seen significant action from the beginning. There already has been a historic override of the governor’s veto, bills are flying in every direction, and hearings continue at a breakneck pace. The legislature hit the ground running, and it doesn’t look like things will ease up anytime soon. The first committee deadline passed on Friday, March 14, the second deadline on March 19, and final deadline for bills to remain alive coming on March 28.
The biggest news this session is the passage of a transportation-funding bill (HF2800), the first in nearly twenty years. It took the addition of six republicans voting with the democratic majority in the house to override the governor’s veto of the bill. Active support from many organizations, including ACEC was instrumental in getting this legislation passed.The bill has several features that will generate over $6.6 billion in new funding over the next ten years.
Here are the bills we are tracking:
Modifications to Design/Build Best Value Law (HF 3301, SF 2991)
This bill makes several procedural modifications to the current design/build best value law for Mn/DOT projects. ACEC/MN is in support of most of the provisions, but is opposed to a section of the proposed law that would eliminate any design/build teams who’s price is over 115% of the lowest responsible bidder. ACEC/MN has met with AGC several times and and negotiations are continuing. The bill is opposed by Mn/DOT and the Department of Administration.
Mn/DOT Deputy Commissioner/Chief Engineer Must be a Licensed Professional Engineer (SF2925, HF3390)
A bill supported by several organizations, including ACEC/MN, and primarily sponsored by MSPE, would require the Deputy Commissioner of Mn/DOT to be a licensed professional engineer. This person would also act as the chief engineer of the agency.
Limit Indemnification Clauses in Contracts to Firms Acts or Omissions (SF2890)
Legislation sponsored by ACEC/MN has been introduced that would limit indemnification clauses in contracts for professional services to only their acts or omissions. The legislation would cover all persons licensed under the Board of AELSLSAGID. Many clients have been requiring engineering firms to provide indemnification for losses not directly attributable to the engineering firms acts or omissions. These indemnification clauses require the firms to indemnify their clients and others for their liabilities. Insurance is not available for this type of risk and this legislation would prohibit them from requiring these clauses.
ISTS Contractors Allowed to Design Systems up to 10,000 GPD (SF3386, HF3643)
This bill, sponsored by members of the Minnesota On-Site Wastewater Association (MOWA) would permanently allow ISTS contractors to design individual sewage treatment systems (ISTS) of up to 10,000 gallons per day. They were given the authority to design these systems in a bill passed last year. The legislation has a sunset date of 2010. This legislation would remove the sunset date. A study that was required in last years legislation has recently been finalized and recommends that a licensed professional engineer be involved in systems over 500 gpd. This bill goes counter to the recommendations of the task force. ACEC/MN, the MPCA, the Board of AELSLSAGID are all in opposition to this legislation.
These are just a few of the bills ACEC/MN is tracking. If you would like a complete listing of all the bills our legislative lobbyist has identified, please contact the ACEC/MN office and we can put on the distribution list.
Additional legislation ACEC/MN is tracking:
A bill introduced last year (HF2163) expanding the sales tax to several services (but not engineering) has received hearings this year. There is no indication that this will go anywhere this year, but it will likely be up for strong consideration next year.
The transportation policy bill that was completed last year, but not sent to the governor, will be opened up again this year. ACEC/MN was able to remove engineering from a provision that would have made it harder to provide services to the state. This may come up again and ACEC/MN will be tracking this issue.
A bill has been introduced in the Senate (SF 3292, SF3293) that would require the State Building Code to be adopted statewide and would supercede the building code of any municipality.
