SF282 (Legislative Session 94 (2025-2026))

Construction materials special permit application expansion provision

Related bill: HF738

AI Generated Summary

Purpose

  • To broaden how the construction materials special permit can be used by expanding what counts as “road construction materials.” The bill updates the definition so that more materials used in building and repairing roads can be covered under the permit, while keeping safety rules in place for hazardous materials.

Main Provisions

  • Amends Minnesota Statutes 2024 section 169.869 subdivision 1 to redefine “road construction materials” for the purposes of this section.
  • The new definition includes the following materials:
    • Aggregate material (as defined in section 29875 subdivision 1 paragraph a)
    • Hot mix asphalt, plastic concrete, cementitious materials, concrete admixtures, asphalt cement, and recycled road materials
    • Bulk aggregate materials that are delivered to an aggregate plant or production facility or used in the production of asphalt or concrete
  • Excludes materials that require the vehicle to be marked or placarded under:
    • Section 221033
    • Code of Federal Regulations, title 49, part 172 (hazardous materials rules)

Significant Changes to Existing Law

  • Expands the range of materials considered eligible under the construction materials special permit by explicitly listing additional road construction materials (e.g., hot mix asphalt, plastic concrete, cementitious materials, concrete admixtures, recycled road materials, and bulk aggregates).
  • Maintains a safety gate by excluding hazardous materials that require placarding, ensuring those materials do not fall under the permit’s expanded scope.

Practical Implications

  • Transportation and construction entities may be able to use the special permit for a wider variety of non-hazardous road construction materials, potentially simplifying permitting and logistics for road projects.
  • Hazardous materials requiring placards remain outside the expanded permit, preserving existing regulatory safeguards for those materials.

Terminology & Key Phrases from the Bill

  • road construction materials
  • construction materials special permit
  • aggregate material
  • hot mix asphalt
  • plastic concrete
  • cementitious materials
  • concrete admixtures
  • asphalt cement
  • recycled road materials
  • bulk aggregate materials
  • aggregate plant
  • production facility
  • vehicle marked or placarded
  • Section 221033
  • Code of Federal Regulations title 49 part 172

Relevant Terms - road construction materials - special permit - aggregate - hot mix asphalt - plastic concrete - cementitious materials - concrete admixtures - asphalt cement - recycled road materials - bulk aggregate materials - aggregate plant - production facility - placarding - hazardous materials

Bill text versions

Actions

DateChamberWhereTypeNameCommittee Name
January 21, 2025SenateActionIntroduction and first reading
January 21, 2025SenateActionReferred toTransportation

Citations

 
[
  {
    "analysis": {
      "added": [
        "Defines road construction materials to include aggregate material as defined in section 298.75, subdivision 1, paragraph a; hot mix asphalt; plastic concrete; cementitious materials; concrete admixtures; asphalt cement; recycled road materials; and bulk aggregate materials delivered to an aggregate plant or used in the production of asphalt or concrete."
      ],
      "removed": [
        "Excludes materials that require the vehicle to be marked or placarded under section 221.033 and CFR Title 49 Part 172 from the definition."
      ],
      "summary": "Amends Minnesota Statutes 2024 section 169.869, subdivision 1, to redefine road construction materials and expand which materials are considered road construction materials for purposes of the construction materials special permit.",
      "modified": [
        "Expands the scope of the road construction materials definition to include additional materials and clarifies what is encompassed by the definition."
      ]
    },
    "citation": "169.869",
    "subdivision": "subd. 1"
  },
  {
    "analysis": {
      "added": [],
      "removed": [],
      "summary": "Cross-reference identifying aggregate material as defined in Minnesota Statutes 298.75, subdivision 1, paragraph (a) used in the road construction materials definition.",
      "modified": [
        "Incorporates cross-reference to the definition of aggregate material in section 298.75, subd. 1, paragraph (a) into section 169.869."
      ]
    },
    "citation": "298.75",
    "subdivision": "subd. 1, par. a"
  },
  {
    "analysis": {
      "added": [],
      "removed": [],
      "summary": "Section cross-reference indicating that certain materials are not included in the road construction materials definition if they require placarding per section 221.033.",
      "modified": [
        "References 221.033 for placarding requirements as a basis to exclude materials from the definition."
      ]
    },
    "citation": "221.033",
    "subdivision": ""
  },
  {
    "analysis": {
      "added": [],
      "removed": [],
      "summary": "Cross-reference to federal placarding/marking requirements that apply to certain materials.",
      "modified": [
        "References CFR Title 49 Part 172 for vehicle marking/placarding requirements that exclude certain road construction materials from the definition."
      ]
    },
    "citation": "Code of Federal Regulations Title 49 Part 172",
    "subdivision": ""
  }
]

Progress through the legislative process

17%
In Committee
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