Introduction - 94th Legislature (2025 - 2026)
Posted on 04/07/2025 03:06 p.m.
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Introduction
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Posted on 04/04/2025 |
A bill for an act
relating to transportation; establishing certain transparency and community
engagement in trunk highway project development; establishing project scoping
and development requirements; requiring transportation project activity portal;
modifying certain legislative reports; appropriating money; amending Minnesota
Statutes 2024, sections 161.178, subdivision 1; 174.03, subdivision 12; 174.07,
subdivision 3; 174.56; proposing coding for new law in Minnesota Statutes, chapters
161; 174.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
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(a) The commissioner must provide a community notification for each major highway
project, as defined in section 174.034, subdivision 1, on the trunk highway system and each
project that is subject to the requirements under sections 161.162 to 161.167. The
commissioner must distribute the community notification prior to inclusion of the project
in the state transportation improvement program.
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(b) A community notification must:
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(1) summarize the nature and scope of the project, including information on accessing
the project through the portal under section 174.034; and
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(2) be accompanied by available translated versions in appropriate languages if at least
ten percent of the resident population in the project corridor is estimated to natively speak
a language other than English.
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(c) The commissioner must distribute the community notification to each reasonably
identifiable resident, property owner, business entity, and nonprofit organization that is
located in an area within and extending at least one-half mile from the project limits or
corridor of the project. The commissioner may distribute the community notification by
mail, flyer, in-person, electronic means, or a combination.
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This section is effective January 1, 2026, for a project that first
enters the state transportation improvement program on or after that date.
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(a) For purposes of this section, the following terms have
the meanings given.
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(b) "Impacted municipality" means a statutory or home rule charter city or town in the
impacted project area.
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(c) "Impacted project area" means the geographic area within and extending at least
one-half mile from the project limits or corridor of a project, as determined by the
commissioner.
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(d) "Project" means a (1) trunk highway project, or (2) scoping, assessment, study, or
other analysis activity that is designed to identify or provide for development of a trunk
highway project.
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(a) The requirements in this section apply to a project that:
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(1) meets one or more of the following:
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(i) the project involves construction, reconstruction, bridge replacement, an increase or
reduction in highway traffic capacity, alteration of access, or acquisition of permanent
right-of-way; or
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(ii) an environmental impact statement is required under chapter 116D for the project;
and
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(2) first enters the state transportation improvement program for fiscal year 2030 or a
subsequent year.
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(b) Except for a project under paragraph (a), clause (1), item (ii), the requirements in
this section do not apply to reconditioning, resurfacing, milling, overlays, preventive
maintenance, other routine roadway maintenance activity or projects, and associated
set-asides.
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The commissioner must implement the requirements
under this section in a manner that:
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(1) does not conflict with the requirements under chapter 116D and the National
Environmental Policy Act under United States Code, title 42, section 4331, et seq.; and
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(2) advances the following community engagement goals:
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(i) improving transparency among the public and interested parties in transportation
project decision making;
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(ii) providing opportunities for the public to have a meaningful influence on public
policy;
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(iii) fostering responsiveness to public input through development and modifications
related to the scope and design of transportation projects, including with respect to
environmental impacts;
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(iv) supporting communities that have been traditionally underrepresented in
transportation project decision making;
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(v) enhancing efficient project delivery; and
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(vi) improving transportation project outcomes for transportation system users.
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(a) The commissioner must
establish a community advisory assembly for each project. Each community advisory
assembly is composed of:
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(1) each of the members of the policy advisory committee established under subdivision
5;
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(2) eight individuals who are residents in the impacted project area;
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(3) two individuals from business entities in each impacted municipality;
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(4) two individuals from community or nonprofit organizations in each impacted
municipality; and
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(5) one individual from a Tribal government located in or closest to the impacted project
area.
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(b) The commissioner must appoint members under paragraph (a), clauses (2) to (5),
through an open appointments process under section 15.0597. To the extent feasible, the
commissioner must select appointments under paragraph (a), clause (2), so that the number
of residents of each impacted municipality is proportional based on the municipality's share
of lane miles of the project compared to the total lane miles.
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(a) The commissioner must establish
a policy advisory committee for each project. Each policy advisory committee is composed
of the following officials:
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(1) two members of the legislature who represent any portion of the impacted project
area, one jointly appointed by the senate majority leader and the senate minority leader and
one jointly appointed by the speaker of the house and the minority leader in the house of
representatives;
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(2) one county commissioner who represents a county in the impacted project area,
appointed by the county board or by the Association of Minnesota Counties if the impacted
project area extends beyond a single county;
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(3) one mayor who represents an impacted municipality; and
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(4) at least three but no more than five members of a city council in an impacted
municipality.
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(b) The appointing authority for individuals under paragraph (a), clauses (3) and (4), is:
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(1) the Association of Metropolitan Municipalities if the impacted project area is in at
least one city in a metropolitan county, as defined in section 473.121, subdivision 4; or
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(2) the League of Minnesota Cities.
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(c) The appointments made under paragraph (a), clause (4), must result in an odd number
of members of the policy advisory committee.
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(a) The duties of the community advisory assembly and the policy
advisory committee are to provide recommendations to the commissioner regarding:
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(1) project purpose and need, as provided in subdivision 7;
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(2) criteria to use in evaluating design alternatives for the project, provided in subdivision
8, paragraph (a); and
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(3) a community-recommended design alternative for the project, as provided in
subdivision 8, paragraph (b).
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(b) The policy advisory committee may provide a recommendation under paragraph (a)
that is separate from a recommendation from the community advisory assembly. An
additional duty of the policy advisory committee is to provide a final design recommendation,
as provided in subdivision 9, paragraph (b).
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(a) Prior to specification of the draft purpose and need
statement for a project, the commissioner must:
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(1) provide information to the community advisory assembly on project history, rationale,
and other context;
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(2) facilitate analysis by the community advisory assembly of potential purposes, needs,
issues, opportunities, goals, and considerations related to the project;
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(3) provide technical assistance in the development of recommendations by the
community advisory assembly and the policy advisory committee on the project purpose
and need;
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(4) hold a hearing on any purpose and need recommendations submitted to the
commissioner by the community advisory assembly and the policy advisory committee, as
provided under subdivision 10; and
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(5) develop the purpose and need statement giving full consideration to public input and
the recommendations of the community advisory assembly and the policy advisory
committee.
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(b) The commissioner must publish a community accountability review on the
department's website that compares purpose and need recommendations of the community
advisory assembly and the policy advisory committee to the final purpose and need statement
for the project. At a minimum, the review must:
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(1) summarize notable differences between the recommendations and the purpose and
need statement;
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(2) outline proposed activity by the commissioner to address or reconcile the differences;
and
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(3) provide a justification or rationale for differences not addressed or reconciled.
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(a) Prior to specification of a scoping
document for a project, the commissioner must:
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(1) facilitate analysis by the community advisory assembly of (i) potential recommended
design alternatives, and (ii) potential criteria to be used by the commissioner in evaluating
design alternatives;
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(2) provide technical assistance in the development of recommendations by the
community advisory assembly and the policy advisory committee on (i) a design alternative,
and (ii) criteria to use in evaluating design alternatives; and
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(3) hold a hearing on any design alternatives evaluation recommendations submitted to
the commissioner by the community advisory assembly and the policy advisory committee,
as provided under subdivision 10.
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(b) Following the actions under paragraph (a), the community advisory assembly and
the policy advisory committee may each develop one community-recommended design
alternative for the project, in consultation with the commissioner. Each
community-recommended design alternative is adopted by a vote of at least two-thirds of
the appropriate membership of the community advisory assembly or the policy advisory
committee.
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(c) The community advisory assembly and the policy advisory committee must develop
recommendations under this subdivision based on the project purpose and need statement
and in a manner that does not conflict with the requirements under chapter 116D and the
National Environmental Policy Act under United States Code, title 42, section 4331, et seq.
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(a) In the environmental impact
statement under chapter 116D for a project, the commissioner must review each
community-recommended design alternative adopted under subdivision 8, paragraph (b).
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(b) The commissioner must not select a preferred design alternative for a project unless
the policy advisory committee approves a final design recommendation by a vote of at least
two-thirds of the committee membership. The commissioner is not required to select the
final design recommendation from the policy advisory committee as the preferred design
alternative.
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(a) Following submission of recommendations to the
commissioner under subdivisions 7 and 8, the commissioner must hold at least one public
hearing that provides for a review of the recommendations and allows interested persons
to present comments and views. The hearing must be at a location within or reasonably
close to the impacted project area.
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(b) At least 30 days before a hearing, the commissioner must provide notice of the
hearing in a newspaper or other periodical of general circulation in the impacted project
area. The notice must state the date, time, and place of the hearing and that individuals have
an opportunity to present their comments and views.
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(a) Compensation and removal of members of the community
advisory assembly and the policy advisory committee are governed by section 15.059.
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(b) The community advisory assembly and the policy advisory committee are subject
to the Minnesota Open Meeting Law under chapter 13D.
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This section is effective the day following final enactment.
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Minnesota Statutes 2024, section 161.178, subdivision 1, is amended to read:
(a) For purposes of this section, the following terms have
the meanings given.
(b) "Applicable entity" means the commissioner with respect to a project or portfolio
for inclusion in the state transportation improvement program or a metropolitan planning
organization with respect to a project or portfolio for inclusion in the appropriate metropolitan
transportation improvement program.
(c) "Assessment" means the impact assessment under this section.
(d) "Capacity expansion project" means a project for trunk highway construction or
reconstruction that:
(1) is a major highway project, as defined in section deleted text begin 174.56deleted text end new text begin 174.034new text end , subdivision 1,
paragraph deleted text begin (b)deleted text end new text begin (c)new text end ; and
(2) adds highway traffic capacity or provides for grade separation of motor vehicle traffic
at an intersection, excluding auxiliary lanes with a length of less than 2,500 feet.
(e) "Greenhouse gas emissions" includes those emissions described in section 216H.01,
subdivision 2.
Minnesota Statutes 2024, section 174.03, subdivision 12, is amended to read:
(a) The
commissioner must implement performance measures and targets for the trunk highway
system in order to construct resilient infrastructure, enhance the project selection for all
transportation modes, improve economic security, and achieve the state transportation goals
established in section 174.01.
(b) At a minimum, the transportation planning process must include:
(1) an inventory of transportation assets, including but not limited to bridge, pavement,
geotechnical, pedestrian, bicycle, and transit asset categories;
(2) establishment of statewide performance measures and targets, reporting of
performance measure results, and where possible, performance forecasts that are:
(i) statewide and, where data allow, district-specific;
(ii) for assets in each asset category specified in clause (1); and
(iii) identified in collaboration with the public;
(3) gap identification and an explanation of the difference between performance targets
and current status; and
(4) life cycle assessment and corridor risk assessment as part of asset management
programs in each district of the department.
(c) At a minimum, the ten-year capital highway investment plan in each district of the
department must:
(1) be based on expected funding during the plan period and, to the extent feasible,
maximize long-term benefits;
(2) estimate the funding necessary to make optimal life cycle investments;
(3) identify investments within each of the asset categories specified in paragraph (b),
clause (1), that are funded through the trunk highway capital program;
(4) identify specific trunk highway segments programmed to be removed from the trunk
highway system; and
(5) deliver annual progress toward achieving the state transportation goals established
in section 174.01.
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(d) Annually by December 15, the commissioner must report trunk highway performance
measures and targets and identify gaps, including information detailing the department's
progress on achieving the state transportation goals, to the chairs and ranking minority
members of the legislative committees having jurisdiction over transportation policy and
finance. The report must be signed by the commissioner.
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(a) For purposes of this section, the following terms have
the meanings given.
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(b) "Analysis activity" means an undertaking to analyze or study a highway or a corridor,
whether prior to project identification or as part of project development. Analysis activity
includes but is not limited to: (1) planning, assessment, project scoping, project development,
land acquisition, environmental review, and project-related public engagement; and (2) a
safety study or audit, a corridor analysis or study, a planning study, a feasibility analysis, a
purpose and need assessment, or similar assessment or analysis.
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(c) "Major highway project" means a highway project that has a total cost for all segments
that the commissioner most recently estimates to be at least (1) $15,000,000 in the
metropolitan highway construction district, or (2) $5,000,000 in any nonmetropolitan
highway construction district.
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The commissioner must maintain a centralized portal
on the department's website that provides comprehensive information on highway projects,
project development, studies and assessments, and related activity.
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The portal must:
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(1) provide a geographic information system interface that allows for identification of
projects and analysis activity through interactive mapping;
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(2) identify:
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(i) each trunk highway project that is specified in the state transportation improvement
program, excluding general or maintenance set-asides; the statewide multimodal
transportation plan; the Minnesota state highway investment plan; or a ten-year capital
highway investment plan in a district;
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(ii) each trunk highway project that reached substantial completion in the current or
previous two calendar years;
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(iii) each trunk highway project that is planned for the ensuring 15 years; and
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(iv) each trunk highway segment or corridor for which the commissioner: (A) is
undertaking analysis activity; or (B) has completed an analysis activity under subitem (A)
within the previous five years;
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(3) identify department districts, jurisdictions of local units of government, state and
local road systems, major geographic features, and relevant local landmarks;
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(4) provide the ability to search, filter, and apply mapping layer visibility based on
location, dates, status, and common transportation categories;
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(5) present information in a manner that is readily understood by the general public;
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(6) allow for future extension to incorporate local road projects; and
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(7) provide access to the information required under subdivision 4 and the dashboard
required under subdivision 5.
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(a) The commissioner must provide information on the
department's website for each project or analysis activity identified under subdivision 3,
clause (2). At a minimum, the information must include:
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(1) a plain language description of the nature and scope of the project or analysis activity;
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(2) as appropriate, the state project number and bridge number;
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(3) as appropriate, an explanation of the project purpose and need;
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(4) at least one map that identifies the project limits, corridor, or general location;
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(5) a timeline that provides any key milestones;
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(6) the primary documentation for the project or analysis activity, including but not
limited to project layout and design plans, data and results from relevant modeling, and any
studies or reports;
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(7) a fiscal overview that includes project or analysis activity cost and funding sources;
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(8) notice of any scheduled public meetings and, if testimony is being taken, the ability
for an individual to arrange to testify;
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(9) details on each previous public meeting, including but not limited to meeting minutes,
presentations, associated documents, and recordings;
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(10) identification of a project or analysis activity contact; and
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(11) for each major highway project, project details that at a minimum include:
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(i) project purposes relative to objectives in the statewide multimodal transportation
plan and investment priority areas established in the Minnesota state highway investment
plan;
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(ii) a history of the project, including but not limited to previous official actions by the
department or the appropriate area transportation partnership, or both; the date on which
the project was first included in the state transportation improvement plan; the cost of the
project at that time; the planning estimate for the project; the engineer's estimate; the award
price; the final cost as of six months after substantial completion, including any supplemental
agreements and cost overruns or cost savings; the dates of environmental approval; the dates
of municipal approval; the date of final geometric layout; and the date of establishment of
any construction limits;
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(iii) the project's priority listing or rank within its construction district, if any, as well
as the reasons for the listing or rank, the criteria used in prioritization or rank, any changes
in the prioritization or rank since the project was first included in a department work plan,
and the reasons for those changes; and
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(iv) past and potential future reasons for delay in letting or completing the project, details
of all project cost changes that exceed $500,000, and specific modifications to the overall
program that are made as a result of delays and project cost changes.
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(b) The commissioner must maintain and revise the information required under this
subdivision in a timely manner, and must publish the public meeting information required
under paragraph (a), clause (8), within two weeks of the meeting.
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The commissioner must provide a fiscal
transparency dashboard on the department's website that summarizes fiscal information for
the current fiscal year and each year in the state transportation improvement program. At a
minimum, the dashboard must include:
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(1) a summary of total amounts by funding source and for projects;
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(2) identification of total expenditures associated with each objective in the statewide
multimodal transportation plan under section 174.03, subdivision 1a, and resulting impacts
on associated performance targets; and
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(3) an overview of expenditures by investment priority area established in the Minnesota
state highway investment plan under section 174.03, subdivision 1c.
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The commissioner must implement the requirements of this
section by the earlier of: (1) January 1, 2027; or (2) completion of necessary information
technology changes.
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Minnesota Statutes 2024, section 174.07, subdivision 3, is amended to read:
This section does not apply to:
(1) a law that establishes a requirement with general applicability for an agency or
agencies to submit a report, including but not limited to reports and information under
sections 14.05, subdivision 5, and 14.116;
(2) a law that specifies a reporting expiration date or a date for the submission of a final
report;
(3) information required by law to be included in a budget submission to the legislature
under section 16A.11;
(4) the plans required under section 174.03, subdivisions 1a, 1b, and 1c;
(5) the forecast information requirements under section 174.03, subdivision 9; and
(6) the reports required under sections 161.088, subdivision 7; 161.089; 161.3203,
subdivision 4; 165.03, subdivision 8; deleted text begin 174.03, subdivision 12;deleted text end 174.185, subdivision 3;
174.247; 174.56, subdivisions 1 and 2; and 174.75, subdivision 3.
Minnesota Statutes 2024, section 174.56, is amended to read:
deleted text begin (a)deleted text end The commissioner of transportation deleted text begin shalldeleted text end new text begin mustnew text end
submit a report by December 15 of each year on deleted text begin (1) the status of major highway projects
completed during the previous two years or under construction or planned during the year
of the report and for the ensuing 15 years, (2) trunk highway fund expenditures, and (3)
efficiencies achieved during the previous two fiscal yearsdeleted text end new text begin trunk highway system performance
and department activitynew text end .
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(b) For purposes of this section, a "major highway project" is a highway project that has
a total cost for all segments that the commissioner estimates at the time of the report to be
at least (1) $15,000,000 in the metropolitan highway construction district, or (2) $5,000,000
in any nonmetropolitan highway construction district.
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For each major highway project
the report must include:
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(1) a description of the project sufficient to specify its scope and location;
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(2) a history of the project, including, but not limited to, previous official actions by the
department or the appropriate area transportation partnership, or both, the date on which
the project was first included in the state transportation improvement plan, the cost of the
project at that time, the planning estimate for the project, the engineer's estimate, the award
price, the final cost as of six months after substantial completion, including any supplemental
agreements and cost overruns or cost savings, the dates of environmental approval, the dates
of municipal approval, the date of final geometric layout, and the date of establishment of
any construction limits;
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(3) the project's priority listing or rank within its construction district, if any, as well as
the reasons for that listing or rank, the criteria used in prioritization or rank, any changes
in that prioritization or rank since the project was first included in a department work plan,
and the reasons for those changes;
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(4) past and potential future reasons for delay in letting or completing the project, details
of all project cost changes that exceed $500,000, and specific modifications to the overall
program that are made as a result of delays and project cost changes;
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(5) two representative trunk highway construction projects, one each from the
department's metropolitan district and from greater Minnesota, and for each project report
the cost of environmental mitigation and compliance; and
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(6) the annual budget for products and services for each Department of Transportation
district and office, with comparison to actual spending and including measures of productivity
for the previous fiscal year.
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The commissioner
deleted text begin shalldeleted text end new text begin mustnew text end include in the reportnew text begin :
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(1) a review of trunk highway performance measures and targets under section 174.03,
subdivisions 1c and 12, including identification of gaps;
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(2) details on the department's progress on achieving the state transportation goals under
section 174.01;
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(3) performance impacts for each major highway project, as defined in section 174.034,
subdivision 1, that was substantially completed at least two and not more than four fiscal
years before the fiscal year of the report, which must include:
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(i) a review of results from the project relative to objectives in the statewide multimodal
transportation plan and trunk highway performance measures and targets; and
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(ii) for any substantial gaps or achievements under item (i), an analysis of factors,
considerations, and resulting modifications in department practices;
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(4) the annual budget for products and services for each Department of Transportation
district and office, including a comparison to actual spending and measures of productivity
for the previous fiscal year;
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new text begin (5)new text end information on the total expenditures from the trunk highway fund during the previous
fiscal year,new text begin which must include:
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new text begin (i) a breakoutnew text end for each Department of Transportation districtdeleted text begin ,deleted text end in the following categories:
road construction; planning; design and engineering; labor; compliance with environmental
regulations; administration; acquisition of right-of-way, including costs for attorney fees
and other compensation for property owners; litigation costs, including payment of claims,
settlements, and judgments; maintenance; and road operationsdeleted text begin .deleted text end new text begin ; and
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(ii) any other categories or information identified by the commissioner to provide for
expenditure overlap across the categories under item (i) and comparison to other fiscal
reporting; and
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(6) efficiencies achieved during the previous two fiscal years.
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The commissioner deleted text begin shalldeleted text end new text begin mustnew text end prepare and submit the
report with existing department staff and resources.
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The commissioner must maintain an Internet
website that displays information for each major highway project. At a minimum, the
information must include the report contents identified in subdivision 2.
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$....... in fiscal year 2026 is appropriated from the trunk highway fund to the commissioner
of transportation to implement the requirements under Minnesota Statutes, section 174.034.
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