Minnesota Legislature
HF 765
as introduced - 92nd Legislature (2021 - 2022) Posted on 02/04/2021 03:09pm
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| Introduction | Posted on 02/04/2021 |
Current Version - as introduced
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A bill for an act
relating to transportation; requiring MnPASS fees to be based on traffic congestion
thresholds; repealing MnPASS lane rulemaking exemption; requiring Department
of Transportation to issue a request for information relating to the operation of
MnPASS lanes; requiring a report; amending Minnesota Statutes 2020, section
160.93, subdivisions 1, 2, 4; repealing Minnesota Statutes 2020, section 160.93,
subdivisions 2a, 3.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
Section 1.
Minnesota Statutes 2020, section 160.93, subdivision 1, is amended to read:
Subdivision 1.
Fees authorized.
new text begin (a) new text end To improve efficiency and provide more options
to individuals traveling in a trunk highway corridor, the commissioner of transportation
may charge user fees to owners or operators of single-occupant vehicles using dynamic
shoulder lanes as designated by the commissioner and any designated high-occupancy
vehicle lanes. The fees may be collected using electronic or other toll-collection methodsdeleted text begin
and may vary in amount with the time of day and level of traffic congestion within the
corridordeleted text end . The commissioner shall consult with the Metropolitan Council and obtain necessary
federal authorizations before implementing user fees on a high-occupancy vehicle lane or
dynamic shoulder lane. Fees under this section are not subject to section 16A.1283.
new text begin
(b) Fees collected pursuant to this section must vary in amount with the time of day and
level of traffic congestion within the corridor. The commissioner must collect fees based
on traffic congestion levels. The commissioner must adopt a policy that specifies the traffic
congestion threshold that will initiate the collection of fees. The policy must also identify
what fee will be collected for each specified traffic congestion threshold. The commissioner
must not collect fees based solely on the time of day. The commissioner must not collect
fees if the minimum traffic congestion threshold is not met. The commissioner must post
the policy adopted pursuant to this section on the department's website. The commissioner
must ensure that signage is posted in dynamic shoulder lanes and high-occupancy vehicle
lanes to indicate in real time when fees are being collected and the amount of the fee.
new text end
new text begin
(c) The commissioner must establish fees in an amount that will, at a minimum, pay for
all of the costs described in subdivision 2, paragraph (b), clauses 1 and 2.
new text end
Sec. 2.
Minnesota Statutes 2020, section 160.93, subdivision 2, is amended to read:
Subd. 2.
Deposit of revenues; appropriation.
(a) deleted text begin Except as provided in subdivision
2a,deleted text end Money collected from fees authorized under subdivision 1 must be deposited in a
high-occupancy vehicle lane user fee account in the special revenue fund. A separate account
must be established for each trunk highway corridor. Money in the account is appropriated
to the commissioner.
(b) From this appropriation the commissioner shall deleted text begin firstdeleted text end new text begin :
new text end
new text begin (1) first,new text end repay the trunk highway fund and any other fund source for money spent to
install, equip, or modify the corridor for the purposes of subdivision 1deleted text begin , and then shalldeleted text end new text begin ;
new text end
new text begin (2) second,new text end pay all the costs of implementing and administering the fee collection system
for that corridordeleted text begin .deleted text end new text begin ;
new text end
deleted text begin
(c) The commissioner shall spend remaining money in the account as follows:
deleted text end
deleted text begin (1) one-half must be spentdeleted text end new text begin (3) third, pay new text end for transportation capital improvements within
the corridor; deleted text begin and
deleted text end
new text begin
(4) fourth, pay for maintenance of the corridor; and
new text end
deleted text begin (2) one-half must be transferreddeleted text end new text begin (5) fifth, transfer any funds not spent according to clauses
(1) to (4) new text end to the Metropolitan Council for expansion and improvement of bus transit services
within the corridor beyond the level of service provided on the date of implementation of
subdivision 1.
Sec. 3.
Minnesota Statutes 2020, section 160.93, subdivision 4, is amended to read:
Subd. 4.
Prohibition.
No person may operate a single-occupant vehicle in a designated
high-occupancy vehicle lane or dynamic shoulder lane except in compliance with the
requirements of deleted text begin the commissionerdeleted text end new text begin this sectionnew text end . A person who violates this subdivision is
guilty of a petty misdemeanor and is subject to sections 169.89, subdivisions 1, 2, and 4,
and 169.891 and any other provision of chapter 169 applicable to the commission of a petty
misdemeanor traffic offense.
Sec. 4. new text begin REQUEST FOR INFORMATION FOR OPERATION OF MNPASS LANES.
new text end
new text begin
(a) No later than July 1, 2021, the commissioner of transportation must issue a request
for information as described in this section. The request for information must obtain advice
from qualified vendors regarding the feasibility of using a private entity to operate and
administer MnPASS lanes.
new text end
new text begin
(b) The request for information must be designed to obtain information that includes:
new text end
new text begin
(1) feasibility, costs, and a preliminary estimated timeline or schedule for the private
entity to assume responsibility for operating and administering MnPASS lanes; and
new text end
new text begin
(2) capacity and experience of a potential entity.
new text end
new text begin
(c) The request for information under this section must be published in the State Register
and on the Department of Administration's website at least 14 days prior to closing. The
request must otherwise be administered according to the requirements of Minnesota Statutes,
chapter 16C, to the extent applicable, except that a vendor's submission does not constitute
a response to a solicitation, as defined in Minnesota Statutes, section 16C.02, subdivision
14. The commissioner is prohibited from using a vendor submission in response to a request
for information under this section to enter a contract unless the terms of the submission are
later included in a vendor's response to a formal solicitation, as defined in Minnesota Statutes,
section 16C.02, subdivision 7.
new text end
new text begin
(d) No later than September 1, 2021, the commissioner must submit a report to the chairs
and ranking minority members of the legislative committees with jurisdiction over
transportation finance. The report must summarize the responses and information received
from qualified entities under this section.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective the day following final enactment.
new text end
Sec. 5. new text begin REPEALER.
new text end
new text begin
Minnesota Statutes 2020, section 160.93, subdivisions 2a and 3,
new text end
new text begin
are repealed.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective the day following final enactment.
new text end
Sec. 6. new text begin EFFECTIVE DATE.
new text end
new text begin
Except where otherwise provided, this act is effective August 1, 2021.
new text end
APPENDIX
Repealed Minnesota Statutes: 21-01991
160.93 USER FEES; HIGH-OCCUPANCY VEHICLE AND DYNAMIC SHOULDER LANES.
Subd. 2a.
I-35W high-occupancy vehicle and dynamic shoulder lane account.
(a) An I-35W high-occupancy vehicle and dynamic shoulder lane account is established in the special revenue fund. Money collected from fees authorized under subdivision 1 for the marked Interstate Highway 35W (I-35W) corridor must be deposited in the account and used as described in this subdivision. Money in the account is appropriated to the commissioner.
(b) During the first year of revenue operations, the commissioner shall use the money received in that year to pay the costs of operating and administering the fee collection system within the corridor, up to $1,000,000. Any remaining money must be transferred to the Metropolitan Council for improvement of bus transit services within the I-35W corridor including transit capital expenses.
(c) During the second and subsequent years of revenue operations, the commissioner shall use money in the account as follows:
(1) each year, allocate the lesser amount of $1,000,000 or 75 percent of the revenues for operating and administering the fee collection system within the corridor;
(2) transfer the remaining amount up to the amount allocated under clause (1) to the Metropolitan Council for improvement of bus transit within the corridor including capital expenses; and
(3) allocate any remaining amount as follows: (i) 25 percent to the commissioner for operating and administering the fee collection system within the corridor and for transportation capital improvements that are consistent with the goals of the urban partnership agreement and that are located within the corridor and (ii) 75 percent to the Metropolitan Council for improvement of bus transit services within the corridor including transit capital expenses.