SF 291

Introduction - 94th Legislature (2025 - 2026)

Posted on 01/28/2025 11:33 a.m.

A bill for an act
relating to transportation; amending project assessment criteria for vehicle miles
traveled requirements; authorizing electric vehicle and zero-emission bus
technology as mitigation activities; amending Minnesota Statutes 2024, section
161.178, subdivisions 2, 4, 6, 7.

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

Section 1.

Minnesota Statutes 2024, section 161.178, subdivision 2, is amended to read:

Subd. 2.

Project or portfolio assessment.

(a) Prior to inclusion of a project or portfolio
in the state transportation improvement program or in a metropolitan transportation
improvement program, the applicable entity must perform an impact assessment of the
project or portfolio new text begin and evaluate the project under, if applicable, both the state transportation
improvement plan and the metropolitan transportation improvement plan new text end . Following the
assessment, the applicable entity must determine if the project or portfolio is proportionally
in conformance new text begin , either under an individual program or in combination, where applicable, new text end
with:

(1) the greenhouse gas emissions reduction targets under section 174.01, subdivision 3;
and

(2) the vehicle miles traveled reduction targets established in the statewide multimodal
transportation plan under section 174.03, subdivision 1a.

(b) If the applicable entity determines that the project or portfolio is not in conformance
with paragraph (a), the applicable entity must:

(1) alter the scope or design of the project or any number of projects, add or remove one
or more projects from the portfolio, or undertake a combination, and subsequently perform
a revised assessment that meets the requirements under this section;

(2) interlink sufficient impact mitigation as provided in subdivision 4; or

(3) halt project development and disallow inclusion of the project or portfolio in the
appropriate transportation improvement program.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2025, and applies to projects
assessed on or after that date.
new text end

Sec. 2.

Minnesota Statutes 2024, section 161.178, subdivision 4, is amended to read:

Subd. 4.

Impact mitigation; interlinking.

(a) To provide for impact mitigation, the
applicable entity must interlink the project or portfolio as provided in this subdivision.

(b) Impact mitigation is sufficient under subdivision 2, paragraph (b), if the project or
portfolio is interlinked to offset actions such that the total greenhouse gas emissions reduction
from the offset actions, after accounting for the greenhouse gas emissions otherwise resulting
from the project or portfolio, is consistent with meeting the targets specified under subdivision
2, paragraph (a) new text begin , clause (1) new text end . Each comparison under this paragraph must be performed over
equal comparison periods.

(c) An offset action consists of a project, program, operations modification, or mitigation
plan in one or more of the following areas:

(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;

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

(3) active transportation infrastructure;

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

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

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

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

(8) infrastructure improvements related to traffic operations, including but not limited
to roundabouts and reduced conflict intersections;

(9) natural systems, including but not limited to prairie restoration, reforestation, and
urban green space; deleted text begin and
deleted text end

(10) new text begin accelerated electric vehicle and other zero-emission vehicle adoption, including
but not limited to electric vehicle infrastructure and zero-emission transit bus procurement
under the requirements specified in law; and
new text end

new text begin (11) new text end as specified by the commissioner in the manner provided under paragraph (e).

(d) An offset action may be identified as interlinked to the project or portfolio if:

(1) there is a specified project, program, modification, or mitigation plan;

(2) the necessary funding sources are identified and sufficient amounts are committed;

(3) the mitigation is localized as provided in subdivision 5; and

(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 (b).

(e) The commissioner may authorize additional offset actions under paragraph (c) if:

(1) the offset action is reviewed and recommended by the technical advisory committee
under section 161.1782; and

(2) the commissioner determines that the offset action is directly related to reduction in
the transportation sector of greenhouse gas emissions or vehicle miles traveled.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2025, and applies to projects
assessed on or after that date.
new text end

Sec. 3.

Minnesota Statutes 2024, section 161.178, subdivision 6, is amended to read:

Subd. 6.

Public information.

The commissioner must publish information regarding
impact assessments on the department's website. The information must include:

(1) for each project evaluated separately under this section, identification of the project;

(2) for each project evaluated separately, a summary that includes an overview of the
assessment, the impact determination by the commissioner, and project disposition, including
a review of any offset actions;

(3) for each portfolio of projects, an overview of the projects, the impact determination
by the commissioner, and a summary of any offset actions;

(4) a review of any interpretation of or additions to offset actions under subdivision 4;

(5) identification of the date established by the commissioner under subdivision 2a,
paragraph (b); deleted text begin and
deleted text end

(6) new text begin identification of any exemptions provided under subdivision 7, paragraph (b); and
new text end

new text begin (7) new text end a summary of the activities of the technical advisory committee under section
161.1782, including but not limited to any findings or recommendations made by the advisory
committee.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2025, and applies to projects
assessed on or after that date.
new text end

Sec. 4.

Minnesota Statutes 2024, section 161.178, subdivision 7, is amended to read:

Subd. 7.

Safety and well-being.

new text begin (a) new text end The requirements of this section are in addition to
and must not supplant the safety and well-being goals established under section 174.01,
subdivision 2, clauses (1) and (2).

new text begin (b) The commissioner may exempt a project from the requirements under this section
if the commissioner:
new text end

new text begin (1) identifies a priority for urgent traffic safety response to traffic fatalities or serious
injuries; and
new text end

new text begin (2) determines that the project reasonably addresses the traffic safety priority identified
under clause (1).
new text end

new text begin (c) If the commissioner exempts a project under the conditions specified in paragraph
(b), the reasons for the exemption must be submitted for review by the chairs and ranking
minority members of the legislative committees with jurisdiction over transportation within
90 days of the commissioner's exemption.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2025, and applies to projects
assessed on or after that date.
new text end