Summary of Bill SF 5173 (Session 2025-2026) – Minnesota
Purpose and scope
- Objective: Expand the scope of vehicles that require an overweight vehicle special permit and address related regulatory provisions concerning aggregate mining and production facilities. The bill also includes an audit of the aggregate production tax and a one-time appropriation for aggregate resource inventory work.
- Jurisdiction: Minnesota Senate; introduced in 2026. Referred to Transportation.
Key provisions
1) Overweight vehicle permits for six- and seven-axle configurations (Sections 1–3)
- Road construction materials definition (Sec. 1)
- Clarifies that “road construction materials” include aggregate material, hot mix asphalt, plastic concrete, cementitious materials, concrete admixtures, asphalt cement, recycled road materials, and supplies used or consumed in the construction of real property (including buildings and facilities).
- Six-axle permits (Sec. 2)
- A road authority may issue an annual permit for six-axle vehicles or combinations to haul road construction materials.
- Weight limits:
- Up to 90,000 pounds gross vehicle weight (GVW) normally.
- Up to 99,000 pounds GVW during the period set by the commissioner under section 169.826, subdivision 1.
- Permit fee: $300 (or a proportional amount per existing fee rules in section 169.86, subdivision 5).
- Seven-axle permits (Sec. 3)
- A road authority may issue an annual permit for seven-axle (or more) vehicles to haul road construction materials.
- Weight limits:
- Up to 97,000 pounds GVW normally.
- Up to 99,000 pounds GVW during the period set by the commissioner under section 169.826, subdivision 1.
- Permit fee: $500 (or a proportional amount per existing fee rules in section 169.86, subdivision 5).
2) Restrictions on local ordinances affecting aggregate facilities (Sec. 4)
- Prohibits counties, home rule charter or statutory cities, or towns from adopting ordinances that affect an aggregate mining or production facility if:
- An application for a required permit has been submitted but not yet approved/denied; or
- An environmental impact statement related to the facility is in progress.
- Prohibits local ordinances, permits, or regulations from imposing conditions more restrictive than state or federal requirements.
- Effective date: Day after final enactment.
3) Legislative audit of aggregate tax revenues (Sec. 5)
- Directs the Legislative Auditor to conduct a program audit of the aggregate production tax under Minnesota Statutes, section 298.75.
- Audit scope (by county):
- Total revenues collected by fiscal year.
- How revenues are distributed among maintenance, construction, and reconstruction of roads, highways, and bridges.
- Revenue funding priorities for roads impacted by aggregate operations.
- Whether revenues are distributed on a project or formula basis.
- Distribution and expenditure of money for aggregate mine reclamation.
- Use of money deposited in the special reserve fund since aggregation tax collection began.
4) Aggregate resource inventory appropriation (Sec. 6)
- Appropriates $250,000 from the general fund to the Commissioner of Natural Resources in fiscal year 2027.
- Purpose: Aggregate resource mapping program to update Information Circular 46 (Aggregate Resources Inventory of the Seven-County Metropolitan Area) and to assess projected needs and resource exhaustion timelines; involves duties under Minnesota Statutes, section 84.94.
- Nature: One-time appropriation.
Who would be affected
- Trucking and hauling operators that move road construction materials (aggregate, asphalt, concrete-related products) would be subject to expanded overweight permit options for six- and seven-axle configurations, with corresponding fees.
- Road authorities (counties, cities, towns) administering overweight permits for heavy-haul transport.
- Local governments: Potential constraints on imposing more restrictive local ordinances on aggregate mining/production facilities.
- Counties: Subject to an audit of their aggregate production tax revenues and how those funds are used.
- General public and infrastructure: Potential impact on funding priorities and maintenance decisions tied to aggregate operations.
- State agencies: The Department of Public Safety/Transportation for permit administration, and the Legislative Auditor for the mandated audit.
- Natural Resources Department: Receives a one-time funding appropriation for aggregate resource inventory work.
Procedural and timeline aspects
- Effective date for local ordinance restriction: Day after enactment.
- The overweight permit provisions become effective as specified by the existing statutory framework for weight periods (references to 169.826, subdivision 1) and standard permit processes.
- Audit of aggregate tax revenues: The bill directs a comprehensive audit by the Legislative Auditor with historical coverage since the tax began (no start year specified in the text; audit scope spans all fiscal years since inception).
- One-time appropriation for inventory: $250,000 in FY2027, with implementation tied to updating the aggregate resources inventory and related duties.
Notes
- The bill expands permissible overweight vehicle weights to 90,000–99,000 pounds (six-axle) and 97,000–99,000 pounds (seven-axle) under annual permits.
- Fees are set at $300 (six-axle) and $500 (seven-axle), subject to proportional adjustments under current law.
