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HF 1645

as introduced - 89th Legislature (2015 - 2016) Posted on 03/09/2015 02:04pm

KEY: stricken = removed, old language.
underscored = added, new language.

Bill Text Versions

Engrossments
Introduction Posted on 03/09/2015

Current Version - as introduced

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A bill for an act
relating to transportation; providing for active transportation programs to support
bicycle, pedestrian, and other nonmotorized transportation activities; requiring a
legislative report; proposing coding for new law in Minnesota Statutes, chapter
174.

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

Section 1.

new text begin [174.38] ACTIVE TRANSPORTATION PROGRAMS.
new text end

new text begin Subdivision 1. new text end

new text begin Definitions. new text end

new text begin (a) For purposes of this section, the following terms
have the meanings given them.
new text end

new text begin (b) "Administering authority" or "authority" means the commissioner of
transportation, the joint powers board under section 297A.992, or the council, as
appropriate.
new text end

new text begin (c) "Bond-eligible cost" means:
new text end

new text begin (1) expenditures under this section for acquisition of land or permanent easements,
predesign, design, preliminary and final engineering, environmental analysis, construction,
and reconstruction of publicly owned infrastructure in this state with a useful life of at
least ten years that provides for nonmotorized transportation;
new text end

new text begin (2) preparation of land for which a nonmotorized transportation route is established,
including demolition of structures and remediation of any hazardous conditions on the
land; and
new text end

new text begin (3) the unpaid principal on debt issued by a political subdivision for a nonmotorized
transportation project.
new text end

new text begin (d) "Council" means the Metropolitan Council, as defined under section 473.121,
subdivision 3.
new text end

new text begin Subd. 2. new text end

new text begin Programs established. new text end

new text begin (a) Upon availability of funds specifically provided
to an administering authority for purposes of this section, the authority shall establish a
program to support bicycling, pedestrian activities, and other forms of nonmotorized
transportation as provided in this section.
new text end

new text begin (b) Subject to the requirements of this section, the authority may provide grants
or other financial assistance for a project.
new text end

new text begin Subd. 3. new text end

new text begin Active transportation accounts. new text end

new text begin (a) An active transportation account
is established in the bond proceeds fund. The account consists of state bond proceeds
appropriated to the commissioner or the council. Money in the account may only be
expended on bond-eligible costs of a project receiving financial assistance under this
section. All uses of funds from the account must be for publicly owned property.
new text end

new text begin (b) A greater Minnesota active transportation account is established in the special
revenue fund. The account consists of funds as provided by law, and any other money
donated, allotted, transferred, or otherwise provided to the account. Money in the account
may only be expended on a project that is primarily located outside of metropolitan
counties, as defined in section 473.121, subdivision 4, and receiving financial assistance
as provided under this section.
new text end

new text begin (c) A metropolitan area active transportation account is established in the special
revenue fund. The account consists of funds as provided by law, and any other money
donated, allotted, transferred, or otherwise provided to the account. Money in the account
may only be expended on a project that is primarily located within metropolitan counties,
as defined in section 473.121, subdivision 4, and receiving financial assistance as provided
under this section.
new text end

new text begin Subd. 4. new text end

new text begin Program administration. new text end

new text begin (a) The authority shall establish program
requirements, including:
new text end

new text begin (1) eligibility for assistance, subject to the requirements under paragraph (b);
new text end

new text begin (2) a process for solicitation and application that minimizes applicant burdens; and
new text end

new text begin (3) procedures for award and payment of financial assistance.
new text end

new text begin (b) Eligible recipients of financial assistance under this section are:
new text end

new text begin (1) a political subdivision; and
new text end

new text begin (2) a tax-exempt organization under section 501(c)(3) of the Internal Revenue
Code, as amended.
new text end

new text begin (c) The authority shall make reasonable efforts to publicize each solicitation
for applications among all eligible recipients, and provide assistance in creating and
submitting applications.
new text end

new text begin (d) The authority may expend no more than one percent of available funds in a fiscal
year under this section on program administration.
new text end

new text begin Subd. 5. new text end

new text begin State general obligation bond funds. new text end

new text begin Minnesota Constitution, article XI,
section 5, clause (a), requires that state general obligation bonds be issued to finance only
the acquisition or betterment of public land, buildings, and other public improvements of
a capital nature. The legislature has determined that many nonmotorized transportation
infrastructure projects will constitute betterments and capital improvements within the
meaning of the Minnesota Constitution and capital expenditures under generally accepted
accounting principles, and will be financed more efficiently and economically under this
section than by direct appropriations for specific projects.
new text end

new text begin Subd. 6. new text end

new text begin Use of funds. new text end

new text begin (a) For a project funded through state bond proceeds under
this section, financial assistance is limited solely to bond-eligible costs.
new text end

new text begin (b) Subject to paragraph (a), the authority shall determine permissible uses of
financial assistance under this section, which must include:
new text end

new text begin (1) construction and maintenance of bicycle, trail, and pedestrian infrastructure,
including but not limited to bicycle facilities and centers, and safe routes to school
infrastructure; and
new text end

new text begin (2) noninfrastructure programming, including activities as specified in section
174.40, subdivision 7a, paragraph (b).
new text end

new text begin Subd. 7. new text end

new text begin Project evaluation and selection. new text end

new text begin The authority shall establish a project
evaluation and selection process under this section that is competitive, criteria-based, and
objective. The process must include criteria and prioritization of projects based on:
new text end

new text begin (1) inclusion of the project in a municipal or regional nonmotorized transportation
system plan;
new text end

new text begin (2) location of the project in a jurisdiction in which a complete streets policy, as
provided under section 174.75, is in effect;
new text end

new text begin (3) the extent to which the project supports development of continuous and
convenient safe routes to school;
new text end

new text begin (4) the extent to which the project supports development of routes to and connections
with educational facilities, centers of employment, governmental services, health care
facilities, food sources, transit facilities, and other community destinations;
new text end

new text begin (5) general benefits to public health and safety as a result of the project; and
new text end

new text begin (6) geographic equity in project benefits, as well as benefits in areas or locations
experiencing high rates of pedestrian or bicycle collisions, high rates of health disparities,
and high concentration of poverty.
new text end

new text begin Subd. 8. new text end

new text begin Grant cancellation. new text end

new text begin If, five years after execution of a grant agreement,
the authority determines that the grantee has not proceeded in a timely manner with
implementation of the project funded, the commissioner must cancel the grant and the
grantee must repay to the commissioner all grant money paid to the grantee. Section
16A.642 applies to any appropriations made from the bond proceeds fund to the
commissioner under this section that have not been awarded as financial assistance.
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. 2. new text begin ACTIVE TRANSPORTATION PROGRAM DEVELOPMENT.
new text end

new text begin (a) By October 1, 2015, the Advisory Committee on Nonmotorized Transportation
under Minnesota Statutes, section 174.37, shall develop and submit recommendations to
each administering authority under Minnesota Statutes, section 174.38, for developing
project evaluation and selection processes under Minnesota Statutes, section 174.38,
subdivision 7. The advisory committee may consult with representatives from the
Bicycle Alliance of Minnesota, Minnesota Chamber of Commerce, Metropolitan
Council Transportation Accessibility Advisory Committee, Minnesota Department of
Transportation district area transportation partnerships, Minnesota State Council on
Disability, organizations representing elderly populations, and public health organizations
with experience in active transportation.
new text end

new text begin (b) In its next annual report under Minnesota Statutes, section 174.37, subdivision
4, the advisory committee shall include a summary of the recommendations under this
section and submit a copy to the chairs and ranking minority members of the legislative
committees with jurisdiction over transportation policy and finance. The report is subject
to Minnesota Statutes, section 3.195.
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