Minnesota Legislature
HF 4078
as introduced - 93rd Legislature (2023 - 2024) Posted on 02/22/2024 02:56pm
Bill Text Versions
| Engrossments | ||
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| Introduction | Posted on 02/20/2024 |
Current Version - as introduced
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A bill for an act
relating to transportation; amending requirements governing pavement life-cycle
cost analyses; requiring a report; amending Minnesota Statutes 2022, section
174.185.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
Section 1.
Minnesota Statutes 2022, section 174.185, is amended to read:
174.185 PAVEMENT LIFE-CYCLE COST ANALYSIS.
Subdivision 1.
Definitions.
For the purposes of this section, the following definitions
apply.
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(a) "Life-cycle cost" is the sum of the cost of the initial pavement project and all
anticipated costs for maintenance, repair, and resurfacing over the life of the pavement.
Anticipated costs must be based on Minnesota's actual or reasonably projected maintenance,
repair, and resurfacing schedules, and costs determined by the Department of Transportation
district personnel based upon recently awarded local projects and experience with local
material costs.
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deleted text begin (b)deleted text end new text begin (a)new text end "Life-cycle cost analysis" deleted text begin isdeleted text end new text begin or "analysis" meansnew text end a deleted text begin comparison of life-cycle costs
among competing paving materials using equal design lives and equal comparison periods.deleted text end new text begin
process for evaluating the total economic worth of a usable project segment by analyzing
initial costs and discounted future costs, such as maintenance, user costs, reconstruction,
rehabilitation, restoring, and resurfacing costs over the life of the project segment.
new text end
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(b) "Minimum requirements" means a combination of pavement, base, and subbase
materials that minimizes the total system cost to achieve the specified design performance
requirements. Design performance requirements are based on design traffic volumes,
reliability, standard deviation, pavement structural characteristics, and various material
properties for structural design.
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(c) "Pavement" means any material used for paved traffic lanes, typically asphalt or
concrete, including the underlying materials inherent to each pavement alternative considered.
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(d) "Rounded value" means a measurement that is rounded to the nearest half-inch
increment.
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(e) "Shoulder" means the portion of the highway that is contiguous with the regularly
traveled portion of the highway, outside of the edge of the pavement, and for accommodation
of stopped vehicles, emergency use, and lateral support of base and surface courses.
new text end
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(f) "Substantial plan development" means the point in time during the plan development
process after which any further activities would preclude any of the feasible alternatives
from being selected or constructed.
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(g) "Superfluous materials" means materials that are in excess of rounded values and
that are not necessary to meet the minimum requirements for a feasible alternative.
new text end
Subd. 2.
Required analysis.
new text begin (a) new text end For deleted text begin each project in the reconditioning, resurfacing, and
road repair funding categoriesdeleted text end new text begin any project with 60,000 or more square yards of paving,
including for the shouldernew text end , the commissioner deleted text begin shalldeleted text end new text begin mustnew text end perform a life-cycle cost analysis
deleted text begin and shall document the lowest life-cycle costs and all alternatives considered. The
commissioner shall document the chosen pavement strategy and, if the lowest life cycle is
not selected, document the justification for the chosen strategy. A life-cycle cost analysis
is required for projects to be constructed after July 1, 2011.deleted text end new text begin and document the chosen
pavement strategy as provided in this section. The commissioner must perform the life-cycle
cost analysis prior to substantial plan development.
new text end
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(b) When conducting a life-cycle cost analysis, the commissioner must:
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(1) derive initial and future costs from Minnesota-based historical data of roadways with
similar characteristics, including but not limited to similar geographical location, rural or
urban classification, traffic volumes, construction practices, staging, and vehicle classification
percentages;
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(2) determine the analysis period based on the longest design life of all feasible
alternatives or 60 years, whichever is longer;
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(3) compensate for any life added or lost due to rounding if pavement thickness is rounded
up or down;
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(4) ensure that each feasible alternative being considered in the analysis meets the
minimum requirements for that alternative and must consider only the pavement, base, and
subbase materials that are required to meet the minimum criteria for that alternative;
new text end
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(5) identify all feasible alternatives, including a full range of rehabilitation strategies for
both rigid and flexible pavements;
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(6) include agency costs, including but not limited to initial pavement, future rehabilitation
and maintenance projects, overhead, design, contract administration, and routine maintenance;
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(7) include mobilization costs related to construction, maintenance, or rehabilitation;
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(8) include costs for traffic control to protect workers and the public during each
construction, maintenance, or rehabilitation activity in the analysis;
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(9) include evaluation of greenhouse gas emissions through the entire analysis period,
including emissions generated during material production and by users of the road;
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(10) identify and use realistic timing of future maintenance and construction practices
using similar characteristics, including but not limited to similar geographical location, rural
or urban classification, traffic volumes, construction practices, staging, and vehicle
classification percentages;
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(11) for each feasible alternative with residual service life at the end of the analysis
period, calculate the value of any residual service life and include the value as a credit in
the final year of the analysis period;
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(12) add the annual excess fuel consumption costs, as calculated in subdivision 2a, as
an annual pavement cost;
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(13) include an explanation of the methodology used to produce the cost estimate and
why that method was selected; and
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(14) include an explanation of the timing selected of rehabilitation and maintenance and
why that timing was selected.
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(c) The commissioner must not include the following in a life-cycle cost analysis:
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(1) elements that are the same for all alternatives;
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(2) life-cycle calculations for shoulder pavement, shoulder base, or shoulder subbase;
and
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(3) any superfluous material that is included as part of the feasible alternative but is not
required to meet the minimum requirements of the feasible alternative, including any material
that may be included due to the designer's preference or recommendation in the department's
Pavement Design Manual. This clause does not preclude the commissioner from selecting
a pavement strategy that uses superfluous materials, but the superfluous materials must not
be a factor in making the selection.
new text end
new text begin Subd. 2a. new text end
new text begin Excess fuel consumption calculation. new text end
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(a) For purposes of this subdivision,
the following terms have the meanings given:
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(1) "diesel fuel price" means the Midwest nonhighway diesel fuel price effective for the
date the calculation is performed as provided by the federal Energy Information
Administration;
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(2) "gasoline fuel price" means the Midwest regular gasoline price effective for the date
the calculation is performed as provided by the federal Energy Information Administration;
new text end
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(3) "heavy commercial annual average daily traffic" or "HCAADT" means the heavy
commercial annual average daily traffic provided by the department's data and based on the
traffic forecasting and analysis system;
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(4) "heavy-duty fuel savings factor" means the percentage of rigid pavement savings
anticipated for heavy commercial vehicles as provided by department research, state or
federal agencies, or relevant academic research projects;
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(5) "heavy-duty MPG" means the latest fleet average miles per gallon of heavy-duty,
short-wheelbase vehicles as provided by the federal Energy Information Administration;
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(6) "light-duty fuel savings factor" means the percentage of rigid pavement savings
anticipated for passenger vehicles as provided by department research, state or federal
agencies, or relevant academic research projects;
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(7) "light-duty MPG" means the latest fleet average for miles per gallon of light-duty,
short-wheelbase vehicles as provided by the federal Energy Information Administration;
new text end
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(8) "passenger annual average daily traffic" or "PAADT" means the passenger annual
average daily traffic provided by the department's data and based on the traffic forecasting
and analysis system; and
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(9) "project length" means the centerline miles for the project.
new text end
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(b) The commissioner must determine the annual excess fuel consumption cost as
provided in this subdivision. The commissioner must use the same HCAADT or PAADT
for the duration of each analysis period.
new text end
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(c) The passenger excess cost is equal to the product of PAADT, gasoline fuel price,
light-duty fuel savings factor, project length, and 365 divided by light-duty MPG.
new text end
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(d) The heavy commercial excess cost is equal to the product of HCAADT, diesel fuel
price, heavy-duty fuel savings factor, project length, and 365 divided by heavy-duty MPG.
new text end
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(e) The annual excess fuel consumption cost is calculated as the sum of passenger excess
cost and heavy commercial excess cost.
new text end
new text begin Subd. 2b. new text end
new text begin Review and collaboration. new text end
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(a) Before finalizing a pavement selection, the
commissioner must post a draft of the life-cycle cost analysis and the draft pavement selection
on the department's Office of Materials and Road Research website for 21 days. During
this period, the commissioner must allow industry association representatives to submit
questions and comments. The commissioner must collaborate with the person who submitted
the question or comment, where necessary, to ensure the commissioner fully understands
the question or comment. The commissioner must respond to each comment or question in
writing, which must include a description of any associated changes that will be made to
the life-cycle cost analysis.
new text end
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(b) After the review period under paragraph (a) closes, the commissioner must make
revisions to the life-cycle cost analysis in response to questions or comments received. If
the commissioner revises the type of pavement from concrete to asphalt or from asphalt to
concrete, the commissioner must post the revised life-cycle cost analysis for review in
accordance with the requirements under paragraph (a).
new text end
new text begin Subd. 2c. new text end
new text begin Selection. new text end
new text begin
(a) After the review period required in subdivision 2b and any
subsequent changes to the analysis, the commissioner must select the pavement strategy
and prepare a document of justification. At a minimum, the document of justification must:
new text end
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(1) explain why the pavement strategy was selected;
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(2) if the lowest life-cycle cost is not selected, justify why a strategy with a higher
life-cycle cost was selected;
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(3) include all comments and questions received during the review period and the
commissioner's responses to each; and
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(4) identify any superfluous materials, quantify the superfluous materials' associated
costs, and provide the rationale for the superfluous materials' inclusion.
new text end
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(b) The commissioner must submit the analysis and document of justification to a licensed
professional engineer for review. A life-cycle cost analysis is not considered final until it
is certified and signed by a licensed professional engineer as provided by Minnesota Rules,
part 1800.4200.
new text end
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(c) For all projects that began construction on or after January 1, 2024, the commissioner
must store all life-cycle cost analyses and documents of justification on the department's
website in a manner that allows the public to easily access the documents.
new text end
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(d) After completing the certification and signature requirements in paragraph (b) and
the posting requirements in paragraph (c), the commissioner may advance the project to
substantial plan development.
new text end
Subd. 3.
Report.
The commissioner deleted text begin shalldeleted text end new text begin mustnew text end report new text begin by January 31 new text end annually to the
chairs and ranking minority members of the senate and house of representatives committees
with jurisdiction over transportation finance on new text begin life-cycle cost analyses under this section.
At a minimum, the report must include information on new text end the results of the analyses deleted text begin required
indeleted text end new text begin undernew text end subdivision 2new text begin , the public review under subdivision 2b, and the final selection and
document of justification under subdivision 2cnew text end .
new text begin EFFECTIVE DATE. new text end
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This section is effective July 1, 2025.
new text end