1.1 	A bill for an act
1.2 	relating to the Metropolitan Council; requiring greenhouse gas emissions 
1.3 	benchmarks; requiring capacity expansion impact assessment for certain projects; 
1.4 	requiring a climate action plan as a part of comprehensive plan content; requiring 
1.5 	a land use study and report to the legislature by the council; appropriating money;
1.6 	amending Minnesota Statutes 2022, sections 174.01, by adding a subdivision; 
1.7 	174.03, subdivision 1a; 473.859, by adding a subdivision; proposing coding for 
1.8 	new law in Minnesota Statutes, chapter 161.
1.9 	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

1.10 	ARTICLE 1
1.11 	CLIMATE CHANGE RESPONSE

1.12 	Section 1. Minnesota Statutes 2022, section 174.01, is amended by adding a subdivision 
1.13 	to read:
1.14 		Subd. 3.Greenhouse gas emissions benchmarks. (a) In association with the goals 
1.15 	under subdivision 2, clauses (10) and (13) to (16), the commissioner of transportation in 
1.16 	coordination with the Metropolitan Council must establish benchmarks for the statewide 
1.17 	greenhouse gas emissions reduction goal under section 216H.02, subdivision 1.
1.18 	(b) The benchmarks must include:
1.19 	(1) establishment of proportional emissions reduction performance targets for the 
1.20 	transportation sector;
1.21 	(2) specification of the performance targets on a decennial or more frequent basis; and
1.22 	(3) allocation across the transportation sector and to the metropolitan area, as defined 
1.23 	in section 473.121, subdivision 2, which may include performance targets based on 
2.1 	Department of Transportation district, geographic region, a per capita calculation, or 
2.2 	transportation mode.

2.3 	EFFECTIVE DATE. This section is effective July 1, 2024.

2.4 	Sec. 2. Minnesota Statutes 2022, section 473.859, is amended by adding a subdivision to 
2.5 	read:
2.6 		Subd. 3a.Climate action plan. A climate action plan shall describe how the land use 
2.7 	plan under subdivision 2 and the public facilities plan under subdivision 3 meet greenhouse 
2.8 	gas emissions-reduction goals established by the state under section 216H.02, subdivision 
2.9 	1. The climate action plan must include the following information:
2.10 	(1) quantitative data for vehicle miles traveled, access to jobs in essential services, 
2.11 	commute modal share, and transit viability anticipated under the transportation plan under 
2.12 	subdivision 3, clause (1), and how such data affect carbon reduction goals;
2.13 	(2) the percentage of renewable and carbon-free energy generated within the jurisdiction 
2.14 	of the local governmental unit;
2.15 	(3) the percentage of reduction in carbon dioxide emissions within the jurisdiction of 
2.16 	the local governmental unit;
2.17 	(4) the percentage of dedicated farmland, open space, and parkland within the jurisdiction 
2.18 	of the local governmental unit and policies that preserve such land;
2.19 	(5) the amount of waste produced annually within the jurisdiction of the local 
2.20 	governmental unit and the percentage of waste diverted from landfills and incineration 
2.21 	through organics, recycling, or other programs;
2.22 	(6) plans for monitoring and measuring the information in clauses (1) to (5); and
2.23 	(7) any other carbon reduction activities undertaken by the local governmental unit.

2.24 	EFFECTIVE DATE; APPLICATION. (a) This section is effective the day following 
2.25 	final enactment, and applies to comprehensive plans submitted to the Metropolitan Council 
2.26 	after that date as part of the decennial review under Minnesota Statutes, section 473.864, 
2.27 	subdivision 2.
2.28 	(b) This section applies in the counties of Anoka, Carver, Dakota, Hennepin, Ramsey, 
2.29 	Scott, and Washington.

3.1 	ARTICLE 2
3.2 	LAND USE

3.3 	Section 1. METROPOLITAN COUNCIL; LAND USE STUDY.
 3.4 		Subdivision 1.Definitions. The definitions provided in Minnesota Statutes, section 
3.5 	473.121, apply to this section.
3.6 		Subd. 2.Metropolitan land use study. The Metropolitan Council must conduct and 
3.7 	complete a metropolitan land use and transportation policy study on or before June 30, 
3.8 	2024, that analyzes the degree to which current land use and transportation policies in the 
3.9 	metropolitan area support or hinder state and local governmental unit transportation, 
3.10 	environmental, greenhouse gas emissions, and equity goals. The study must be used to 
3.11 	inform the 2050 comprehensive development guide for the metropolitan area.
3.12 		Subd. 3.Study contents. The study under this section must include:
3.13 	(1) a comparison of current land use policies in the metropolitan area with alternative 
3.14 	growth development scenarios, including efficient land use and compact growth;
3.15 	(2) a determination of the costs to local and regional metropolitan area government 
3.16 	services to implement efficient land use policies, including the costs to construct and maintain 
3.17 	transportation and water infrastructure and emergency services;
3.18 	(3) an analysis of how implementation of efficient land use policies would reduce future 
3.19 	costs to local and regional metropolitan area government with regard to transportation and 
3.20 	water infrastructure and emergency services;
3.21 	(4) an assessment of transportation and related infrastructure necessary to facilitate 
3.22 	efficient land use policies including but not limited to estimations of road lane miles, utility 
3.23 	miles, and land acreage necessary to facilitate such policies;
3.24 	(5) an analysis of sewer access and water access charges and policies, including an 
3.25 	analysis of the differences in the charges between property classifications and charges in 
3.26 	urban, suburban, and rural areas;
3.27 	(6) the estimated impact implementation of efficient land use policies would have on 
3.28 	vehicle miles traveled, access to jobs in essential services, transit viability, and commute 
3.29 	modal share in the metropolitan area; and
3.30 	(7) any other data or analyses the Metropolitan Council deems relevant.
3.31 		Subd. 4.Report. The Metropolitan Council must submit a copy of the study under this 
3.32 	section to the chairs and ranking minority members of the legislative committees with 
4.1 	jurisdiction over local government and transportation policy and finance by February 1, 
4.2 	2025.
4.3 		Subd. 5.Appropriation. $1,000,000 in fiscal year 2024 is appropriated from the general 
4.4 	fund to the Metropolitan Council to conduct the study under this section. This is a onetime 
4.5 	appropriation.

4.6 	EFFECTIVE DATE. This section is effective July 1, 2023.

4.7 	ARTICLE 3
4.8 	HIGHWAY CAPACITY EXPANSION

4.9 	Section 1. [161.178] CAPACITY EXPANSION IMPACT ASSESSMENT.
4.10 		Subdivision 1.Definitions. (a) For purposes of this section, the following terms have 
4.11 	the meanings given.
4.12 	(b) "Assessment" means the capacity expansion impact assessment under this section.
4.13 	(c) "Capacity expansion project" means a project for trunk highway construction or 
4.14 	reconstruction that:
4.15 	(1) is a major highway project, as defined in section 174.56, subdivision 1, paragraph 
4.16 	(b); and
4.17 	(2) adds highway traffic capacity or provides for grade separation at an intersection, 
4.18 	excluding auxiliary lanes with a length of less than 2,500 feet.
4.19 	(d) "Embodied carbon emissions" means the total carbon dioxide emissions from all 
4.20 	stages of production of a product or material, including but not limited to mining, processing 
4.21 	of raw materials, and manufacturing.
4.22 	(e) "Greenhouse gas emissions" includes those emissions described in section 216H.01, 
4.23 	subdivision 2.
4.24 		Subd. 2.Project assessment. (a) Prior to including a capacity expansion project in the 
4.25 	state transportation improvement program, the commissioner must perform a capacity 
4.26 	expansion impact assessment of the project. Following the assessment, the commissioner 
4.27 	must determine if the project conforms with:
4.28 	(1) the greenhouse gas emissions reduction benchmarks under section 174.01, subdivision 
4.29 	3;
4.30 	(2) the vehicle miles traveled reduction targets established in the statewide multimodal 
4.31 	transportation plan under section 174.03, subdivision 1a; and
5.1 	(3) providing neutral environmental effects in areas of persistent poverty or historically 
5.2 	disadvantaged communities.
5.3 	(b) If the commissioner determines that the capacity expansion project is not in 
5.4 	conformance with paragraph (a), the commissioner must:
5.5 	(1) alter the scope or design of the project and perform a revised assessment that meets 
5.6 	the requirements under this section;
5.7 	(2) interlink sufficient impact mitigation as provided in subdivision 4; or
5.8 	(3) halt project development and disallow inclusion of the project in the state 
5.9 	transportation improvement program.
5.10 		Subd. 3.Assessment requirements. (a) The commissioner must establish a process to 
5.11 	perform capacity expansion impact assessments. An assessment must provide for the 
5.12 	determination under subdivision 2.
5.13 	(b) Analysis under an assessment must include but is not limited to estimates resulting 
5.14 	from the project for the following:
5.15 	(1) the total embodied carbon emissions;
5.16 	(2) greenhouse gas emissions over a period of 50 years;
5.17 	(3) a change in vehicle miles traveled for the trunk highway segment and in other 
5.18 	impacted areas within the state; and
5.19 	(4) a calculation of positive, neutral, or negative environmental effects based on:
5.20 	(i) air quality and pollution;
5.21 	(ii) noise pollution;
5.22 	(iii) general public health; and
5.23 	(iv) other measures as determined by the commissioner.
5.24 	(c) The commissioner must establish criteria to identify areas of persistent poverty and 
5.25 	historically disadvantaged communities based on measures and definitions in state and 
5.26 	federal law and federal guidance.
5.27 		Subd. 4.Impact mitigation. (a) To provide for impact mitigation, the commissioner 
5.28 	must interlink the capacity expansion project as provided in this subdivision. Impact 
5.29 	mitigation is sufficient under subdivision 2, paragraph (b), if the capacity expansion project 
5.30 	is interlinked to mitigation actions such that:
6.1 	(1) the total greenhouse gas emissions reduction from the actions equals or exceeds the 
6.2 	greenhouse gas emissions otherwise resulting from the capacity expansion project; and
6.3 	(2) the total positive environmental effects from the actions equals or exceeds the negative 
6.4 	environmental effects, as determined under subdivision 3, paragraph (b), clause (4), otherwise 
6.5 	resulting from the capacity expansion project.
6.6 	(b) Each comparison under paragraph (a), clauses (1) and (2), must be performed over 
6.7 	equal comparison periods.
6.8 	(c) A mitigation action consists of a project, program, or operations modification in one 
6.9 	or more of the following areas:
6.10 	(1) transit expansion, including but not limited to regular route bus, arterial bus rapid 
6.11 	transit, highway bus rapid transit, rail transit, and intercity passenger rail;
6.12 	(2) transit service improvements, including but not limited to increased service level, 
6.13 	transit fare reduction, and transit priority treatments;
6.14 	(3) active transportation infrastructure;
6.15 	(4) micromobility infrastructure and service, including but not limited to shared vehicle 
6.16 	services;
6.17 	(5) transportation demand management, including but not limited to vanpool and shared 
6.18 	vehicle programs, remote work, and broadband access expansion;
6.19 	(6) parking management, including but not limited to parking requirements reduction 
6.20 	or elimination and parking cost adjustments;
6.21 	(7) land use, including but not limited to residential and other density increases, mixed-use 
6.22 	development, and transit-oriented development; and
6.23 	(8) highway construction materials or practices modifications to provide for greenhouse 
6.24 	gas emissions reductions.
6.25 	(d) A mitigation action may be identified as interlinked to the capacity expansion project 
6.26 	if:
6.27 	(1) there is a specified project, program, or modification;
6.28 	(2) the necessary funding sources are identified and sufficient amounts are committed;
6.29 	(3) the area or corridor of the mitigation action is associated with the communities 
6.30 	impacted by the capacity expansion project; and
7.1 	(4) procedures are established to ensure that the mitigation action remains in substantially 
7.2 	the same form or a revised form that continues to meet the calculation under paragraph (a).
7.3 		Subd. 5.Public information. The commissioner must publish information regarding 
7.4 	capacity expansion impact assessments on the department website. The information must 
7.5 	include:
7.6 	(1) identification of capacity expansion projects; and
7.7 	(2) for each project, a summary that includes an overview of the expansion impact 
7.8 	assessment, the impact determination by the commissioner, and project disposition, including 
7.9 	a review of any mitigation actions.

7.10 	EFFECTIVE DATE. This section is effective July 1, 2024.

7.11 	Sec. 2. Minnesota Statutes 2022, section 174.03, subdivision 1a, is amended to read:
7.12 		Subd. 1a.Revision of statewide multimodal transportation plan. (a) The commissioner 
7.13 	must revise the statewide multimodal transportation plan by January 15, 2022, and by 
7.14 	January 15 of every five years thereafter. Before final adoption of a revised plan, the 
7.15 	commissioner must hold a hearing to receive public comment on the preliminary draft of 
7.16 	the revised plan.
7.17 	(b) Each revised statewide multimodal transportation plan must:
7.18 	(1) incorporate the goals of the state transportation system in section 174.01;
7.19 	(2) establish objectives, policies, and strategies for achieving those goals; and
7.20 	(3) identify performance targets for measuring progress and achievement of transportation 
7.21 	system goals, objectives, or policies; and
7.22 	(4) establish procedures and guidance for capacity expansion project development to 
7.23 	conform with section 161.178, subdivision 2, paragraph (a).

7.24 	EFFECTIVE DATE; APPLICATION. This section is effective the day following 
7.25 	final enactment and applies to plan revisions adopted on or after that date.

7.26 	Sec. 3. APPROPRIATION; CAPACITY EXPANSION IMPACT ASSESSMENTS.
 7.27 	$....... in fiscal year 2024 is appropriated from the trunk highway fund to the commissioner 
7.28 	of transportation for the implementation costs of capacity expansion impact assessments 
7.29 	under Minnesota Statutes, section 161.178. This is a onetime appropriation and is available 
7.30 	until June 30, 2025.