SF 4657
Introduction - 94th Legislature (2025 - 2026)
Posted on 03/24/2026 10:28 a.m.
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A bill for an act
relating to transportation; requiring the Department of Transportation to modify
the evaluation and planning process for certain transportation projects; amending
Minnesota Statutes 2024, sections 174.02, subdivisions 2a, 3, by adding
subdivisions; 174.03, by adding a subdivision; 174.75, subdivisions 2, 2a; proposing
coding for new law in Minnesota Statutes, chapters 161; 174.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
Section 1.
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[161.1611] PURPOSE AND NEED STATEMENT CONTEXTUAL
DEVELOPMENT REQUIREMENTS; SCOPING PROCESS REQUIRED.
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new text begin Subdivision 1. new text end
new text begin Definitions. new text end
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(a) For purposes of this section, the following terms have
the meanings given.
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(b) "Planning worksheet scoping guide" means a checklist of considerations developed
by the commissioner to consider with stakeholders for determining a project's scope in the
scoping document.
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(c) "Project" means the scoping, assessment, study, or other analysis activity designed
to identify or provide for development of a trunk highway project.
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(d) "Purpose and need" is a statement by the department to explain why a proposed
action is being undertaken and its objectives by:
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(1) identifying the need as a transportation problem or deficiency; and
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(2) identifying the purpose as a broad statement of the intended transportation result and
other related objectives to be achieved by a proposed transportation improvement.
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(e) "Scoping document" means a document that identifies all potential options with the
purpose of narrowing the number of alternatives to those that should be evaluated in the
environmental impact statement as part of the project.
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new text begin Subd. 2. new text end
new text begin Application. new text end
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(a) The requirements in this section apply to a project that:
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(1) involves construction, reconstruction, bridge replacement, increases or reductions
in highway traffic capacity, alteration of access, or acquisitions of permanent rights-of-way;
or
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(2) requires an environmental impact statement under chapter 116D for the project.
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(b) Except for a project under paragraph (a), clause (1), the requirements in this section
do not apply to reconditioning, resurfacing, milling, overlays, preventive maintenance, other
routine roadway maintenance activities or projects, and associated set-asides.
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new text begin Subd. 3. new text end
new text begin Purpose and need. new text end
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(a) To avoid premature determination of the investment
approaches available for a project, a purpose and need statement developed for a project
must not identify a specific improvement as the need. The commissioner must ensure that
every purpose and need statement considers all possible approaches for a project and
addresses the safety and access of all users of the transportation system.
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(b) The commissioner must ensure that a purpose and need statement for a project can
assess whether the need for a project is substantial enough to warrant investment inclusion
in the state transportation improvement program, including relaxing expectations around
the use of level-of-service metrics as the primary need for a project's development. Relaxing
expectations around level-of-service metrics may include:
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(1) giving equal or greater weight to other considerations when evaluating the need for
or scope of a project, such as cost efficiency, community input, safety, and the requirements
of sections 174.01, subdivisions 2 and 3, and 174.02;
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(2) encouraging the use of alternative metrics where more appropriate for a given context;
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(3) designating certain contexts where a low level of service is acceptable; and
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(4) providing flexibility to accept lower levels of service on a case-by-case basis outside
of those contexts.
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(c) The commissioner must incorporate multidisciplinary review processes under section
174.742 into the development of a context-specific purpose and need statement.
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new text begin Subd. 4. new text end
new text begin Scope; required before inclusion. new text end
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(a) The commissioner must require the use
of a context-specific scoping document to identify the needs for a project before the project's
inclusion in the state highway investment program. The scoping document must conform
with any adopted guidance by the commissioner and must:
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(1) include a checklist of interested stakeholders to engage in the planning, design, and
development of projects;
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(2) recognize the degrees of variability and complexity across different project types;
and
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(3) require a context and modal accommodation analysis to:
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(i) determine what modes of transportation are appropriate for the project corridor;
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(ii) structure and document discussions around tradeoffs during early project development;
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(iii) establish a suggested baseline for which modes should be prioritized based on the
roadway type and land use context; and
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(iv) provide a series of factors and questions to consider that would raise or lower the
priority of each mode.
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(b) Before finalizing any scoping document or draft scoping document for a project, the
commissioner must require a coordination field visit and walking audit of the project corridor.
To implement the requirements of this paragraph, the commissioner must develop guidance
on coordinated field visits to:
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(1) begin the initial engagement process with stakeholders for projects;
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(2) provide guidance on what staff should identify in observing current conditions for
all modes of travel and the surrounding land use; and
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(3) coordinate across different jurisdictions to ensure collaboration and field visits at
similar times in the project timeline.
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new text begin Subd. 5. new text end
new text begin Process documentation. new text end
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Any alternative studied as part of a project under
subdivisions 3 and 4 must remain part of the permanent project record and be included in
any subsequent environmental review, investment scoring, or legislative reporting.
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new text begin Subd. 6. new text end
new text begin Implementation. new text end
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The commissioner must implement the requirements of this
section 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, chapter 55.
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new text begin EFFECTIVE DATE. new text end
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Subdivisions 1, 2, 3, 5, and 6 are effective March 1, 2028, for
projects on or after that date. Subdivision 4 is effective July 1, 2027, for projects scoped on
or after that date.
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Sec. 2.
Minnesota Statutes 2024, section 174.02, subdivision 2a, is amended to read:
Subd. 2a.
Transportation ombudsperson.
(a) The commissioner deleted text begin shalldeleted text end new text begin mustnew text end appoint a
person to the position of transportation ombudsperson. The transportation ombudsperson
reports directly to the commissioner. The ombudsperson must be selected without regard
to political affiliation and must be qualified to perform the duties specified in this subdivision.
(b) Powers and duties of the transportation ombudsperson includedeleted text begin ,deleted text end but are not limited
to:
(1) providing a neutral, independent resource for dispute and issue resolution between
the department and the general public where another mechanism or forum is not available;
(2) gathering information about decisions, acts, and other matters of the department;
(3) providing information to the general public;
(4) facilitating discussions or arranging mediation when appropriate; and
(5) maintaining and monitoring performance measures for the ombudsperson program.
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(c) The ombudsperson must transmit to the department's internal auditor any report for
which the department has failed to adhere to the statutory requirements of this section or
section 161.1611, 174.03, 174.742, or 174.75.
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deleted text begin (c)deleted text end new text begin (d)new text end The transportation ombudsperson may not hold another formal position within
the department. The transportation ombudsperson may not impose a complaint fee.
new text begin EFFECTIVE DATE. new text end
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This section is effective March 1, 2028.
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Sec. 3.
Minnesota Statutes 2024, section 174.02, is amended by adding a subdivision to
read:
new text begin Subd. 2b. new text end
new text begin Internal compliance audit. new text end
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(a) The department's internal auditor must conduct
a targeted audit of the department's compliance with any requirement of this section or
section 161.1611, 174.03, 174.742, or 174.75 if the auditor receives reports or otherwise
determines that the department has failed to comply with any requirement on multiple
occasions. Upon completion, the results of the audit must be presented to the commissioner
and to the chairs and ranking minority members of the legislative committees with jurisdiction
over transportation policy and finance.
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(b) Upon receiving the results of an audit under paragraph (a), the commissioner must
implement changes to internal processes to ensure compliance with statutory requirements.
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new text begin EFFECTIVE DATE. new text end
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This section is effective March 1, 2028.
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Sec. 4.
Minnesota Statutes 2024, section 174.02, subdivision 3, is amended to read:
Subd. 3.
Departmental organization; affirmative action.
(a) The commissioner deleted text begin shalldeleted text end new text begin
mustnew text end organize the department in a manner recognizing the administrative and staffing needs
of all modes of transportation within the commissioner's jurisdictiondeleted text begin ,deleted text end and deleted text begin shalldeleted text end new text begin mustnew text end employ
personnel as the commissioner deems necessary to discharge the functions of the department.
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(b) Notwithstanding paragraph (a), the commissioner must appoint a chief financial
officer of the department. The chief financial officer must have the authority to enforce
financial controls, cost estimation standards, and compliance with budgetary assumptions
for all districts and divisions.
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deleted text begin (b)deleted text end new text begin (c)new text end The commissioner deleted text begin shalldeleted text end new text begin mustnew text end adopt an affirmative action plan for the department
in order to deleted text begin insuredeleted text end new text begin ensurenew text end that department hiring encourages the selection of members of
groups of persons who because of unfair or unlawful discriminatory practices have in the
past been denied equal employment opportunity. This plan need not be promulgated as a
rule, but it deleted text begin shalldeleted text end new text begin mustnew text end be approved by the commissioner of management and budget. The
plan deleted text begin shalldeleted text end new text begin mustnew text end provide that the affected groups of persons deleted text begin shalldeleted text end new text begin mustnew text end constitute at least the
same proportional number of employees in the department as they constitute in the total
employment in state government; provided that this limitation deleted text begin shall expire indeleted text end new text begin expires withnew text end
respect to an affected group when the commissioner of management and budget certifies
that members of that affected group are employed in the department in the same proportion
as they constitute in the total employment in state government.
Sec. 5.
Minnesota Statutes 2024, section 174.02, is amended by adding a subdivision to
read:
new text begin Subd. 3a. new text end
new text begin Standards-based reviews. new text end
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(a) The commissioner must ensure that performance
reviews of supervisors and lead project managers in the department include an evaluation
of the employee's implementation of the requirements of this section and sections 161.1611,
174.03, 174.742, and 174.75.
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(b) For purposes of this subdivision, "supervisor" includes any position at the
transportation district engineer level or above or the equivalent level within a division.
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new text begin EFFECTIVE DATE. new text end
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This section is effective March 1, 2028.
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Sec. 6.
Minnesota Statutes 2024, section 174.03, is amended by adding a subdivision to
read:
new text begin Subd. 1e. new text end
new text begin Outcome analysis of plan required. new text end
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(a) Upon subsequent revisions of the
20-year Minnesota state highway investment plan, the commissioner must analyze all trunk
highway projects included in the statewide multimodal transportation plan based on:
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(1) the year a project was added to the statewide multimodal transportation plan;
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(2) an explanation of the project purpose and need and development documentation
requirements under section 161.1611;
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(3) a timeline that provides any key milestones of the project;
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(4) 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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(5) identified links between project implementation processes, including environmental
impact studies, programming, funding, and construction and the priorities identified in the
statewide multimodal transportation plan;
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(6) identification of the scoping process for the project's inclusion in the statewide
multimodal transportation plan to determine whether the project was prioritized based on
the current condition or output of the roadway rather than expected outcomes or other
practical-based selection criteria; and
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(7) an explanation of the multidisciplinary project development efforts required by
section 174.742.
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(b) Upon completing a project that is included in the statewide multimodal transportation
plan, the commissioner must report how the project met projected safety, emissions, access,
and cost outcomes and explain material deviations. The commissioner must report to the
department's internal auditor any finding that a completed project deviated from the statutory
requirements of this section or section 161.1611, 174.02, 174.742, or 174.75.
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Sec. 7.
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[174.742] MULTIDISCIPLINARY PROJECT DEVELOPMENT REQUIRED.
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new text begin Subdivision 1. new text end
new text begin Definition. new text end
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For purposes of this section, "eligible project" has the meaning
given for a capacity expansion project in section 161.178, subdivision 1.
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new text begin Subd. 2. new text end
new text begin Project requirements. new text end
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The commissioner must require the use of
interdisciplinary planning and decision-making methods and staff for eligible projects. Staff
must form a core project team for eligible projects with diverse and multimodal expertise
across social science disciplines to oversee a project from planning to final construction.
The core project team must:
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(1) integrate field visits and walking audits into training, design, development, and
review of eligible projects;
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(2) include a planner who has experience and familiarity with the project's area or corridor
to bring context in all phases of project delivery;
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(3) serve as co-reviewers, where applicable, in project purpose and need contextual
development requirements under section 161.1611, planning, design, and budgeting decisions;
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(4) assess project decisions against statewide multimodal transportation plan priorities;
and
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(5) analyze projects and project decisions based on alternative transportation metrics
with available data to determine community mobility and accessibility needs for all users,
including but not limited to:
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(i) economic development and equity outcomes;
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(ii) transportation insecurity performance metrics;
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(iii) access to essential services and jobs;
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(iv) transportation affordability;
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(v) access for historically underserved communities;
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(vi) environmental justice concerns; and
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(vii) public health impacts.
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new text begin Subd. 3. new text end
new text begin Professional requirements. new text end
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Any scoping, assessment, study, or other analysis
prepared under this section must be based on best available data, transparent assumptions,
and methodologies consistent with state and federal guidance. The commissioner must
prohibit manipulation of assumptions, selective data exclusion, or modeling practices
designed to predetermine an outcome inconsistent with sections 174.01 and 174.02.
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new text begin EFFECTIVE DATE. new text end
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This section is effective March 1, 2028.
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Sec. 8.
Minnesota Statutes 2024, section 174.75, subdivision 2, is amended to read:
Subd. 2.
Implementation.
(a) The commissioner must implement a new text begin revised new text end complete
streets policy after consultation with stakeholders, state and regional agencies, local
governments, and road authorities. The commissioner, after such consultation, must address
relevant protocols, guidance, standards, requirements, and training.
(b) The complete streets policy must include but is not limited to:
(1) integration of related principles of context-sensitive solutions;
(2) integration throughout the project development process;
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(3) integration of multidisciplinary project development resources under section 174.742;
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(4) integration of purpose and need context development strategies under section
161.1611;
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deleted text begin (3)deleted text end new text begin (5)new text end methods to evaluate inclusion of active transportation facilities in a project, which
may include but are not limited to sidewalks, crosswalk markings, pedestrian accessibility,
and bikeways; and
deleted text begin (4)deleted text end new text begin (6)new text end consideration of consultation with other road authorities regarding existing and
planned active transportation network connections.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective March 1, 2028.
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Sec. 9.
Minnesota Statutes 2024, section 174.75, subdivision 2a, is amended to read:
Subd. 2a.
Implementation guidance.
The commissioner must maintain guidance that
accompanies the complete streets policy under this section. The guidance must include
sections on:
(1) an analysis framework that provides for:
(i) identification of characteristics of a projectnew text begin and the required purpose and need context
development strategiesnew text end ;
(ii) highway system categorization based on context, including population density, land
use, density and scale of surrounding development, volume of highway use, and the nature
and extent of active transportation; and
(iii) relative emphasis for different road system users in each of the categories under
item (ii) in a manner that supports safety and mobility of vulnerable road users, motorcyclists
or other operators of two- or three-wheeled vehicles, and public transit users; and
(2) an analysis of speed limit reductions and associated roadway design modifications
to support safety and mobility in active transportation.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective March 1, 2028.
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