Minnesota Legislature
HF 1822
as introduced - 93rd Legislature (2023 - 2024) Posted on 02/15/2023 09:10am
Bill Text Versions
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| Introduction | Posted on 02/14/2023 |
Current Version - as introduced
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A bill for an act
relating to transportation; modifying selection process procedures for Corridors
of Commerce projects; amending Minnesota Statutes 2022, section 161.088, subdivisions 1, 2, 4, 5, as amended, by adding a subdivision.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
Section 1.
Minnesota Statutes 2022, section 161.088, subdivision 1, is amended to read:
Subdivision 1.
Definitions.
new text begin (a) new text end For purposes of this section, the following terms have
the meanings givendeleted text begin :deleted text end new text begin .
new text end
deleted text begin (1)deleted text end new text begin (b)new text end "Beyond the project limits" means any point that is located:
deleted text begin (i)deleted text end new text begin (1)new text end outside of the project limits;
deleted text begin (ii)deleted text end new text begin (2)new text end along the same trunk highway; and
deleted text begin (iii)deleted text end new text begin (3)new text end within the same region of the statedeleted text begin ;deleted text end new text begin .
new text end
deleted text begin (2)deleted text end new text begin (c)new text end "City" means a statutory or home rule charter citydeleted text begin ;deleted text end new text begin .
new text end
new text begin
(d) "Department" means the Department of Transportation.
new text end
deleted text begin (3)deleted text end new text begin (e)new text end "Program" means the corridors of commerce program established in this sectiondeleted text begin ;
anddeleted text end new text begin .
new text end
deleted text begin (4)deleted text end new text begin (f)new text end "Project limits" means the estimated construction limits of a project for trunk
highway construction, reconstruction, or maintenance, that is a candidate for selection under
the corridors of commerce program.
new text begin
(g) "Screening entity" means an area transportation partnership, the Metropolitan Council
in consultation with the transportation advisory board under section 473.146, subdivision
4, or a specified county.
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.
Minnesota Statutes 2022, section 161.088, subdivision 2, is amended to read:
Subd. 2.
Program authority; funding.
(a) As provided in this section, the commissioner
deleted text begin shalldeleted text end new text begin mustnew text end establish a corridors of commerce program for trunk highway construction,
reconstruction, and improvement, including maintenance operations, that improves commerce
in the state.
(b) The commissioner may expend funds under the program from appropriations to the
commissioner that are:
(1) made specifically by law for use under this section;
(2) at the discretion of the commissioner, made for the budget activities in the state roads
program of operations and maintenance, program planning and delivery, or state road
construction; and
(3) made for the corridor investment management strategy program, unless specified
otherwise.
(c) The commissioner deleted text begin shalldeleted text end new text begin mustnew text end include in the program the cost participation policy
for local units of government.
(d) The commissioner may use up to 17 percent of any appropriation deleted text begin to the programdeleted text end new text begin
under this sectionnew text end for program deliverynew text begin and for project scoring, ranking, and selection under
subdivision 5new 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. 3.
Minnesota Statutes 2022, section 161.088, subdivision 4, is amended to read:
Subd. 4.
Project eligibility.
(a) The eligibility requirements for projects that can be
funded under the program are:
(1) consistency with the statewide multimodal transportation plan under section 174.03;
(2) location of the project on deleted text begin an interregional corridordeleted text end new text begin the national highway system, as
provided under Code of Federal Regulations, title 23, part 470, and successor requirementsnew text end ,
for a project located outside of the Department of Transportation metropolitan district;
(3) placement into at least one project classification under subdivision 3;
(4) project construction work will commence within deleted text begin threedeleted text end new text begin fournew text end yearsdeleted text begin , or a longer length
of time as determined by the commissionerdeleted text end ; deleted text begin and
deleted text end
(5) for each type of project classification under subdivision 3, a maximum allowable
amount for the total project cost estimate, as determined by the commissioner with available
datanew text begin ; and
new text end
new text begin (6) determination of a total project cost estimate with a reasonable degree of accuracynew text end .
(b) A project whose construction is programmed in the state transportation improvement
program is not eligible for funding under the program. This paragraph does not apply to a
project that is programmed as result of selection under this section.
(c) A project may be, but is not required to be, identified in the 20-year state highway
investment plan under section 174.03.
(d) For each project, the commissioner must consider all of the eligibility requirements
under paragraph (a). The commissioner is prohibited from considering any eligibility
requirement not specified under paragraph (a).
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective the day following final enactment.
new text end
Sec. 4.
Minnesota Statutes 2022, section 161.088, is amended by adding a subdivision to
read:
new text begin Subd. 4a. new text end
new text begin Project funding; regional balance. new text end
new text begin
(a) To ensure regional balance throughout
the state, the commissioner must distribute all available funds under the program within the
following funding categories:
new text end
new text begin
(1) Metro Projects: at least 30 percent and no more than 35 percent of the funds are for
projects that are located within, on, or directly adjacent to an area bounded by marked
Interstate Highways 494 and 694;
new text end
new text begin
(2) Metro Connector Projects: at least 30 percent and no more than 35 percent of the
funds are for projects that:
new text end
new text begin
(i) are not included in clause (1); and
new text end
new text begin
(ii) are located within the department's metropolitan district or within 40 miles of marked
Interstate Highway 494 or marked Interstate Highway 694; and
new text end
new text begin
(3) Regional Center Projects: at least 30 percent of the funds are for projects that are not
included in clause (1) or (2).
new text end
new text begin
(b) The commissioner must calculate the percentages under paragraph (a) using total
funds under the program over the current and prior two consecutive project selection rounds.
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.
Minnesota Statutes 2022, section 161.088, subdivision 5, is amended to read:
Subd. 5.
Project selection process; criteria.
(a) The commissioner must establish a
process to identify, evaluate, and select projects under the program. The process must be
consistent with the requirements of this subdivision and must not include any additional
deleted text begin evaluationdeleted text end new text begin scoringnew text end criteria.new text begin The process must include phases as provided in this subdivision.
new text end
(b) deleted text begin As part of the project selection process, the commissioner must annually accept
recommendations on candidate projects from area transportation partnerships and other
interested stakeholders in each Department of Transportation district. The commissioner
must determine the eligibility for each candidate project identified under this paragraph.
For each eligible project, the commissioner must classify and evaluate the project for the
program, using all of the criteria established under paragraph (c).deleted text end new text begin Phase 1: Project
solicitation. Following enactment of each law that makes additional funds available for the
program, the commissioner must undertake a public solicitation of potential projects for
consideration. The solicitation must be performed through an Internet recommendation
process that allows for an interested party, including an individual, business, local unit of
government, corridor group, or interest group, to submit a project for consideration.
new text end
(c)new text begin Phase 2: Local screening and recommendations. The commissioner must present
the projects submitted during the open solicitation under Phase 1 to the appropriate screening
entity where each project is located. A screening entity must:
new text end
new text begin
(1) consider all of the submitted projects for its area;
new text end
new text begin
(2) solicit input from members of the legislature who represent the area, for project
review and nonbinding approval or disapproval; and
new text end
new text begin
(3) recommend projects to the commissioner for formal scoring, as provided in Phase
3.
new text end
new text begin
(d) Each screening entity may recommend up to three projects to the commissioner,
except that (1) the Metropolitan Council may recommend up to four projects, and (2) each
of the following counties may independently recommend up to two projects: Anoka, Carver,
Chisago, Dakota, Hennepin, Ramsey, Scott, and Washington. A screening entity may
recommend a replacement project for one that the commissioner determines is ineligible
under subdivision 4. Each recommendation must identify any approvals or disapprovals
provided by a member of the legislature.
new text end
new text begin
(e) Phase 3: Project scoring. The commissioner must confirm project eligibility under
subdivision 4 and perform a complete scoring assessment on each of the eligible projects
recommended by the screening entities under Phase 2.
new text end
new text begin (f)new text end Projects must be deleted text begin evaluateddeleted text end new text begin scorednew text end using all of the following criteria:
(1) a return on investment measure that provides for comparison across eligible projects;
(2) measurable impacts on commerce and economic competitiveness;
(3) efficiency in the movement of freight, including but not limited to:
(i) measures of annual average daily traffic and commercial vehicle miles traveled, which
may include data near the project location on that trunk highway or on connecting trunk
and local highways; and
(ii) measures of congestion or travel time reliability, which may be within or near the
project limits, or both;
(4) improvements to traffic safety;
(5) connections to regional trade centers, local highway systems, and other transportation
modes;
(6) the extent to which the project addresses multiple transportation system policy
objectives and principles;
(7) support and consensus for the project among members of the surrounding community;new text begin
and
new text end
(8) the time and work needed before construction may begin on the projectdeleted text begin ; anddeleted text end new text begin .
new text end
deleted text begin
(9) regional balance throughout the state.
deleted text end
The commissioner must give the criteria in clauses (1) to (8) equal weight in the deleted text begin selectiondeleted text end new text begin
scoringnew text end process.
deleted text begin
(d) The list of all projects evaluated must be made public and must include the score of
each project.
deleted text end
deleted text begin
(e) As part of the project selection process, the commissioner may divide funding to be
separately available among projects within each classification under subdivision 3, and may
apply separate or modified criteria among those projects falling within each classification.
deleted text end
new text begin
(g) Phase 4: Project ranking and selection. On completion of project scoring under
Phase 3, the commissioner must develop a ranked list of projects based on total score, and
must select projects in rank order for funding under the program, subject to subdivision 4a.
The commissioner must specify the amounts and known or anticipated sources of funding
for each selected project.
new text end
new text begin
(h) Phase 5: Public information. The commissioner must publish information regarding
the selection process on the department's website. The information must include:
new text end
new text begin
(1) lists of all projects submitted for consideration and all projects recommended by the
screening entities;
new text end
new text begin
(2) the scores and ranking for each project; and
new text end
new text begin
(3) an overview of each selected project, with amounts and sources of funding.
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