HF 2677

2nd Engrossment - 93rd Legislature (2023 - 2024) Posted on 03/30/2023 12:40pm

A bill for an act
relating to the Metropolitan Council; requiring greenhouse gas emissions
benchmarks; requiring capacity expansion impact assessment for certain projects;
requiring a climate action plan as a part of comprehensive plan content; requiring
a land use study and report to the legislature by the council; appropriating money;
amending Minnesota Statutes 2022, sections 174.01, by adding a subdivision;
174.03, subdivision 1a; 473.146, subdivision 1, by adding a subdivision; 473.859,
by adding a subdivision; proposing coding for new law in Minnesota Statutes,
chapter 161.

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

ARTICLE 1

CLIMATE CHANGE RESPONSE

Section 1.

Minnesota Statutes 2022, section 174.01, is amended by adding a subdivision
to read:

new text begin Subd. 3. new text end

new text begin Greenhouse gas emissions benchmarks. new text end

new text begin (a) In association with the goals
under subdivision 2, clauses (10) and (13) to (16), the commissioner of transportation must
establish benchmarks for the statewide greenhouse gas emissions reduction goal under
section 216H.02, subdivision 1.
new text end

new text begin (b) The benchmarks must include:
new text end

new text begin (1) establishment of proportional emissions reduction performance targets for the
transportation sector;
new text end

new text begin (2) specification of the performance targets on a four-year or more frequent basis; and
new text end

new text begin (3) allocation across the transportation sector, which: (i) must provide for an allocation
to the metropolitan area, as defined in section 473.121, subdivision 2; (ii) must account for
differences in the feasibility and extent of emissions reductions across forms of land use
and across regions of the state; and (iii) may include performance targets based on
Department of Transportation district, geographic region, a per capita calculation, or
transportation mode.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective February 1, 2025.
new text end

Sec. 2.

Minnesota Statutes 2022, section 473.146, subdivision 1, is amended to read:

Subdivision 1.

Requirement.

The council shall adopt a long-range comprehensive policy
plan for transportation new text begin , climate action, new text end and wastewater treatment. The plans must substantially
conform to all policy statements, purposes, goals, standards, and maps in the development
guide developed and adopted by the council under this chapter. Each policy plan must
include, to the extent appropriate to the functions, services, and systems covered, the
following:

(1) forecasts of changes in the general levels and distribution of population, households,
employment, land uses, and other relevant matters, for the metropolitan area and appropriate
subareas;

(2) a statement of issues, problems, needs, and opportunities with respect to the functions,
services, and systems covered;

(3) a statement of the council's goals, objectives, and priorities with respect to the
functions, services, and systems covered, addressing areas and populations to be served,
the levels, distribution, and staging of services; a general description of the facility systems
required to support the services; the estimated cost of improvements required to achieve
the council's goals for the regional systems, including an analysis of what portion of the
funding for each improvement is proposed to come from the state, Metropolitan Council
levies, and cities, counties, and towns in the metropolitan area, respectively, and other
similar matters;

(4) a statement of policies to effectuate the council's goals, objectives, and priorities;

(5) a statement of the fiscal implications of the council's plan, including a statement of:
(i) the resources available under existing fiscal policy; (ii) the adequacy of resources under
existing fiscal policy and any shortfalls and unattended needs; (iii) additional resources, if
any, that are or may be required to effectuate the council's goals, objectives, and priorities;
and (iv) any changes in existing fiscal policy, on regional revenues and intergovernmental
aids respectively, that are expected or that the council has recommended or may recommend;

(6) a statement of the relationship of the policy plan to other policy plans and chapters
of the Metropolitan Development Guide;

(7) a statement of the relationships to local comprehensive plans prepared under sections
473.851 to 473.871; deleted text begin and
deleted text end

(8) additional general information as may be necessary to develop the policy plan or as
may be required by the laws relating to the metropolitan agency and function covered by
the policy plan deleted text begin . deleted text end new text begin ; and
new text end

new text begin (9) forecasts pertaining to greenhouse gas emissions that are generated from activity
that occurs within local jurisdictions, including from transportation, land use, energy use,
solid waste, livestock, and agriculture, and the estimated impact of strategies that reduce or
naturally sequester greenhouse gas emissions across sectors.
new text end

new text begin EFFECTIVE DATE; APPLICATION. new text end

new text begin This section is effective the day following
final enactment and applies in the counties of Anoka, Carver, Dakota, Hennepin, Ramsey,
Scott, and Washington.
new text end

Sec. 3.

Minnesota Statutes 2022, section 473.146, is amended by adding a subdivision to
read:

new text begin Subd. 5. new text end

new text begin Development guide; climate action. new text end

new text begin The climate action chapter must include
policies that describe how metropolitan system plans, as defined under section 473.852,
subdivision 8, meet greenhouse gas emissions-reduction goals established by the state under
section 216H.02, subdivision 1, and transportation targets established by the commissioner
of transportation, including vehicle miles traveled reduction targets established in the
statewide multimodal transportation plan under section 174.03, subdivision 1a.
new text end

new text begin EFFECTIVE DATE; APPLICATION. new text end

new text begin This section is effective the day following
final enactment and applies in the counties of Anoka, Carver, Dakota, Hennepin, Ramsey,
Scott, and Washington.
new text end

Sec. 4.

Minnesota Statutes 2022, section 473.859, is amended by adding a subdivision to
read:

new text begin Subd. 7. new text end

new text begin Climate action plan. new text end

new text begin The council must specify how the information in section
473.146, subdivision 5, must be incorporated into comprehensive plan content.
new text end

new text begin EFFECTIVE DATE; APPLICATION. new text end

new text begin This section is effective the day following
final enactment and applies in the counties of Anoka, Carver, Dakota, Hennepin, Ramsey,
Scott, and Washington.
new text end

ARTICLE 2

LAND USE

Section 1. new text begin METROPOLITAN COUNCIL; LAND USE STUDY.
new text end

new text begin Subdivision 1. new text end

new text begin Definitions. new text end

new text begin The definitions provided in Minnesota Statutes, section
473.121, apply to this section.
new text end

new text begin Subd. 2. new text end

new text begin Metropolitan land use study. new text end

new text begin The Metropolitan Council must conduct and
complete a metropolitan land use and transportation policy study on or before June 30,
2024, that analyzes the degree to which current land use and transportation policies in the
metropolitan area support or hinder state and local governmental unit transportation,
environmental, greenhouse gas emissions, and equity goals. The study must be used to
inform the 2050 comprehensive development guide for the metropolitan area.
new text end

new text begin Subd. 3. new text end

new text begin Study contents. new text end

new text begin The study under this section must include:
new text end

new text begin (1) a comparison of current land use policies in the metropolitan area with alternative
growth development scenarios, including efficient land use and compact growth;
new text end

new text begin (2) a determination of the costs to local and regional metropolitan area government
services to implement efficient land use policies, including the costs to construct and maintain
transportation and water infrastructure and emergency services;
new text end

new text begin (3) an analysis of how implementation of efficient land use policies would reduce future
costs to local and regional metropolitan area government with regard to transportation and
water infrastructure and emergency services;
new text end

new text begin (4) an assessment of transportation and related infrastructure necessary to facilitate
efficient land use policies including but not limited to estimations of road lane miles, utility
miles, and land acreage necessary to facilitate such policies;
new text end

new text begin (5) an analysis of sewer access and water access charges and policies, including an
analysis of the differences in the charges between property classifications and charges in
urban, suburban, and rural areas;
new text end

new text begin (6) the estimated impact implementation of efficient land use policies would have on
vehicle miles traveled, access to jobs in essential services, transit viability, and commute
modal share in the metropolitan area; and
new text end

new text begin (7) any other data or analyses the Metropolitan Council deems relevant.
new text end

new text begin Subd. 4. new text end

new text begin Report. new text end

new text begin The Metropolitan Council must submit a copy of the study under this
section to the chairs and ranking minority members of the legislative committees with
jurisdiction over local government and transportation policy and finance by February 1,
2025.
new text end

new text begin Subd. 5. new text end

new text begin Appropriation. new text end

new text begin $1,000,000 in fiscal year 2024 is appropriated from the general
fund to the Metropolitan Council to conduct the study under this section. This is a onetime
appropriation.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2023.
new text end

ARTICLE 3

NEXT GENERATION TRANSPORTATION EXPANSION

Section 1.

new text begin [161.178] TRANSPORTATION GREENHOUSE GAS EMISSIONS
IMPACT ASSESSMENT.
new text end

new text begin Subdivision 1. new text end

new text begin Definitions. new text end

new text begin (a) For purposes of this section, the following terms have
the meanings given.
new text end

new text begin (b) "Assessment" means the capacity expansion impact assessment under this section.
new text end

new text begin (c) "Capacity expansion project" means a project for trunk highway construction or
reconstruction that:
new text end

new text begin (1) is a major highway project, as defined in section 174.56, subdivision 1, paragraph
(b); and
new text end

new text begin (2) adds highway traffic capacity or provides for grade separation at an intersection,
excluding auxiliary lanes with a length of less than 2,500 feet.
new text end

new text begin (d) "Embodied carbon emissions" means the total carbon dioxide emissions from all
stages of production of a product or material, including but not limited to mining, processing
of raw materials, and manufacturing.
new text end

new text begin (e) "Greenhouse gas emissions" includes those emissions described in section 216H.01,
subdivision 2.
new text end

new text begin Subd. 2. new text end

new text begin Project assessment. new text end

new text begin (a) Prior to including a capacity expansion project in the
state transportation improvement program, the commissioner must perform a capacity
expansion impact assessment of the project. Following the assessment, the commissioner
must determine if the project conforms with:
new text end

new text begin (1) the greenhouse gas emissions reduction benchmarks under section 174.01, subdivision
3;
new text end

new text begin (2) the vehicle miles traveled reduction targets established in the statewide multimodal
transportation plan under section 174.03, subdivision 1a; and
new text end

new text begin (3) providing neutral environmental effects in areas of persistent poverty or historically
disadvantaged communities.
new text end

new text begin (b) If the commissioner determines that the capacity expansion project is not in
conformance with paragraph (a), the commissioner must:
new text end

new text begin (1) alter the scope or design of the project and perform a revised assessment that meets
the requirements under this section;
new text end

new text begin (2) interlink sufficient impact mitigation as provided in subdivision 4; or
new text end

new text begin (3) halt project development and disallow inclusion of the project in the state
transportation improvement program.
new text end

new text begin Subd. 3. new text end

new text begin Assessment requirements. new text end

new text begin (a) The commissioner must establish a process to
perform capacity expansion impact assessments. An assessment must provide for the
determination under subdivision 2.
new text end

new text begin (b) Analysis under an assessment must include but is not limited to estimates resulting
from the project for the following:
new text end

new text begin (1) the total embodied carbon emissions;
new text end

new text begin (2) greenhouse gas emissions over a period of 50 years;
new text end

new text begin (3) a change in vehicle miles traveled for the trunk highway segment and in other
impacted areas within the state; and
new text end

new text begin (4) a calculation of positive, neutral, or negative environmental effects based on:
new text end

new text begin (i) air quality and pollution;
new text end

new text begin (ii) noise pollution;
new text end

new text begin (iii) general public health; and
new text end

new text begin (iv) other measures as determined by the commissioner.
new text end

new text begin (c) The commissioner must establish criteria to identify areas of persistent poverty and
historically disadvantaged communities based on measures and definitions in state and
federal law and federal guidance.
new text end

new text begin Subd. 4. new text end

new text begin Impact mitigation. new text end

new text begin (a) To provide for impact mitigation, the commissioner
must interlink the capacity expansion project as provided in this subdivision. Impact
mitigation is sufficient under subdivision 2, paragraph (b), if the capacity expansion project
is interlinked to mitigation actions such that:
new text end

new text begin (1) the total greenhouse gas emissions reduction from the mitigation actions, after
accounting for the greenhouse gas emissions otherwise resulting from the capacity expansion
project, is consistent with meeting the benchmarks and targets specified under subdivision
2, paragraph (a), clauses (1) and (2); and
new text end

new text begin (2) the total positive environmental effects from the actions equals or exceeds the negative
environmental effects, as determined under subdivision 3, paragraph (b), clause (4), otherwise
resulting from the capacity expansion project.
new text end

new text begin (b) Each comparison under paragraph (a), clauses (1) and (2), must be performed over
equal comparison periods.
new text end

new text begin (c) A mitigation action consists of a project, program, or operations modification in one
or more of the following areas:
new text end

new text begin (1) transit expansion, including but not limited to regular route bus, arterial bus rapid
transit, highway bus rapid transit, rail transit, and intercity passenger rail;
new text end

new text begin (2) transit service improvements, including but not limited to increased service level,
transit fare reduction, and transit priority treatments;
new text end

new text begin (3) active transportation infrastructure;
new text end

new text begin (4) micromobility infrastructure and service, including but not limited to shared vehicle
services;
new text end

new text begin (5) transportation demand management, including but not limited to vanpool and shared
vehicle programs, remote work, and broadband access expansion;
new text end

new text begin (6) parking management, including but not limited to parking requirements reduction
or elimination and parking cost adjustments;
new text end

new text begin (7) land use, including but not limited to residential and other density increases, mixed-use
development, and transit-oriented development; and
new text end

new text begin (8) highway construction materials or practices modifications to provide for greenhouse
gas emissions reductions.
new text end

new text begin (d) A mitigation action may be identified as interlinked to the capacity expansion project
if:
new text end

new text begin (1) there is a specified project, program, or modification;
new text end

new text begin (2) the necessary funding sources are identified and sufficient amounts are committed;
new text end

new text begin (3) the mitigation is localized as provided in paragraph (e); and
new text end

new text begin (4) procedures are established to ensure that the mitigation action remains in substantially
the same form or a revised form that continues to meet the calculation under paragraph (a).
new text end

new text begin (e) The area or corridor of a mitigation action must be localized in the following priority
order:
new text end

new text begin (1) within or associated with at least one of the communities impacted by the capacity
expansion project;
new text end

new text begin (2) if there is not a reasonably feasible location under clause (1), in the region of the
capacity expansion project; or
new text end

new text begin (3) if there is not a reasonably feasible location under clause (1) or (2), on a statewide
basis.
new text end

new text begin (f) The commissioner must include an explanation regarding the feasibility and rationale
for each mitigation action located under paragraph (e), clauses (2) and (3).
new text end

new text begin Subd. 5. new text end

new text begin Public information. new text end

new text begin The commissioner must publish information regarding
capacity expansion impact assessments on the department website. The information must
include:
new text end

new text begin (1) identification of capacity expansion projects; and
new text end

new text begin (2) for each project, a summary that includes an overview of the expansion impact
assessment, the impact determination by the commissioner, and project disposition, including
a review of any mitigation actions.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective February 1, 2025.
new text end

Sec. 2.

Minnesota Statutes 2022, section 174.03, subdivision 1a, is amended to read:

Subd. 1a.

Revision of statewide multimodal transportation plan.

(a) The commissioner
must revise the statewide multimodal transportation plan by January 15, 2022, and by
January 15 of every five years thereafter. Before final adoption of a revised plan, the
commissioner must hold a hearing to receive public comment on the preliminary draft of
the revised plan.

(b) Each revised statewide multimodal transportation plan must:

(1) incorporate the goals of the state transportation system in section 174.01;

(2) establish objectives, policies, and strategies for achieving those goals; deleted text begin and
deleted text end

(3) identify performance targets for measuring progress and achievement of transportation
system goals, objectives, or policies new text begin ; and
new text end

new text begin (4) establish procedures and guidance for capacity expansion project development to
conform with section 161.178, subdivision 2, paragraph (a) new text end .

new text begin EFFECTIVE DATE; APPLICATION. new text end

new text begin This section is effective the day following
final enactment and applies to plan revisions adopted on or after that date.
new text end

Sec. 3. new text begin APPROPRIATION; CAPACITY EXPANSION IMPACT ASSESSMENTS.
new text end

new text begin $....... in fiscal year 2024 is appropriated from the trunk highway fund to the commissioner
of transportation for the implementation costs of capacity expansion impact assessments
under Minnesota Statutes, section 161.178. This is a onetime appropriation and is available
until June 30, 2025.
new text end