HF 2677

1st Engrossment - 93rd Legislature (2023 - 2024) Posted on 03/22/2023 10:19am

A bill for an act
relating to the Metropolitan Council; requiring greenhouse gas emissions
benchmarks; requiring capacity expansion impact assessment for certain projects;
requiring a climate action plan as a part of comprehensive plan content; requiring
a land use study and report to the legislature by the council; appropriating money;
amending Minnesota Statutes 2022, sections 174.01, by adding a subdivision;
174.03, subdivision 1a; 473.859, by adding a subdivision; proposing coding for
new law in Minnesota Statutes, chapter 161.

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

ARTICLE 1

CLIMATE CHANGE RESPONSE

Section 1.

Minnesota Statutes 2022, section 174.01, is amended by adding a subdivision
to read:

new text begin Subd. 3. new text end

new text begin Greenhouse gas emissions benchmarks. new text end

new text begin (a) In association with the goals
under subdivision 2, clauses (10) and (13) to (16), the commissioner of transportation in
coordination with the Metropolitan Council must establish benchmarks for the statewide
greenhouse gas emissions reduction goal under section 216H.02, subdivision 1.
new text end

new text begin (b) The benchmarks must include:
new text end

new text begin (1) establishment of proportional emissions reduction performance targets for the
transportation sector;
new text end

new text begin (2) specification of the performance targets on a decennial or more frequent basis; and
new text end

new text begin (3) allocation across the transportation sector and to the metropolitan area, as defined
in section 473.121, subdivision 2, which may include performance targets based on
Department of Transportation district, geographic region, a per capita calculation, or
transportation mode.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2024.
new text end

Sec. 2.

Minnesota Statutes 2022, section 473.859, is amended by adding a subdivision to
read:

new text begin Subd. 3a. new text end

new text begin Climate action plan. new text end

new text begin A climate action plan shall describe how the land use
plan under subdivision 2 and the public facilities plan under subdivision 3 meet greenhouse
gas emissions-reduction goals established by the state under section 216H.02, subdivision
1. The climate action plan must include the following information:
new text end

new text begin (1) quantitative data for vehicle miles traveled, access to jobs in essential services,
commute modal share, and transit viability anticipated under the transportation plan under
subdivision 3, clause (1), and how such data affect carbon reduction goals;
new text end

new text begin (2) the percentage of renewable and carbon-free energy generated within the jurisdiction
of the local governmental unit;
new text end

new text begin (3) the percentage of reduction in carbon dioxide emissions within the jurisdiction of
the local governmental unit;
new text end

new text begin (4) the percentage of dedicated farmland, open space, and parkland within the jurisdiction
of the local governmental unit and policies that preserve such land;
new text end

new text begin (5) the amount of waste produced annually within the jurisdiction of the local
governmental unit and the percentage of waste diverted from landfills and incineration
through organics, recycling, or other programs;
new text end

new text begin (6) plans for monitoring and measuring the information in clauses (1) to (5); and
new text end

new text begin (7) any other carbon reduction activities undertaken by the local governmental unit.
new text end

new text begin EFFECTIVE DATE; APPLICATION. new text end

new text begin (a) This section is effective the day following
final enactment, and applies to comprehensive plans submitted to the Metropolitan Council
after that date as part of the decennial review under Minnesota Statutes, section 473.864,
subdivision 2.
new text end

new text begin (b) This section applies in the counties of Anoka, Carver, Dakota, Hennepin, Ramsey,
Scott, and Washington.
new text end

ARTICLE 2

LAND USE

Section 1. new text begin METROPOLITAN COUNCIL; LAND USE STUDY.
new text end

new text begin Subdivision 1. new text end

new text begin Definitions. new text end

new text begin The definitions provided in Minnesota Statutes, section
473.121, apply to this section.
new text end

new text begin Subd. 2. new text end

new text begin Metropolitan land use study. new text end

new text begin The Metropolitan Council must conduct and
complete a metropolitan land use and transportation policy study on or before June 30,
2024, that analyzes the degree to which current land use and transportation policies in the
metropolitan area support or hinder state and local governmental unit transportation,
environmental, greenhouse gas emissions, and equity goals. The study must be used to
inform the 2050 comprehensive development guide for the metropolitan area.
new text end

new text begin Subd. 3. new text end

new text begin Study contents. new text end

new text begin The study under this section must include:
new text end

new text begin (1) a comparison of current land use policies in the metropolitan area with alternative
growth development scenarios, including efficient land use and compact growth;
new text end

new text begin (2) a determination of the costs to local and regional metropolitan area government
services to implement efficient land use policies, including the costs to construct and maintain
transportation and water infrastructure and emergency services;
new text end

new text begin (3) an analysis of how implementation of efficient land use policies would reduce future
costs to local and regional metropolitan area government with regard to transportation and
water infrastructure and emergency services;
new text end

new text begin (4) an assessment of transportation and related infrastructure necessary to facilitate
efficient land use policies including but not limited to estimations of road lane miles, utility
miles, and land acreage necessary to facilitate such policies;
new text end

new text begin (5) an analysis of sewer access and water access charges and policies, including an
analysis of the differences in the charges between property classifications and charges in
urban, suburban, and rural areas;
new text end

new text begin (6) the estimated impact implementation of efficient land use policies would have on
vehicle miles traveled, access to jobs in essential services, transit viability, and commute
modal share in the metropolitan area; and
new text end

new text begin (7) any other data or analyses the Metropolitan Council deems relevant.
new text end

new text begin Subd. 4. new text end

new text begin Report. new text end

new text begin The Metropolitan Council must submit a copy of the study under this
section to the chairs and ranking minority members of the legislative committees with
jurisdiction over local government and transportation policy and finance by February 1,
2025.
new text end

new text begin Subd. 5. new text end

new text begin Appropriation. new text end

new text begin $1,000,000 in fiscal year 2024 is appropriated from the general
fund to the Metropolitan Council to conduct the study under this section. This is a onetime
appropriation.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2023.
new text end

ARTICLE 3

HIGHWAY CAPACITY EXPANSION

Section 1.

new text begin [161.178] CAPACITY EXPANSION IMPACT ASSESSMENT.
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.
new text end

new text begin (b) "Assessment" means the capacity expansion impact assessment under this section.
new text end

new text begin (c) "Capacity expansion project" means a project for trunk highway construction or
reconstruction that:
new text end

new text begin (1) is a major highway project, as defined in section 174.56, subdivision 1, paragraph
(b); and
new text end

new text begin (2) adds highway traffic capacity or provides for grade separation at an intersection,
excluding auxiliary lanes with a length of less than 2,500 feet.
new text end

new text begin (d) "Embodied carbon emissions" means the total carbon dioxide emissions from all
stages of production of a product or material, including but not limited to mining, processing
of raw materials, and manufacturing.
new text end

new text begin (e) "Greenhouse gas emissions" includes those emissions described in section 216H.01,
subdivision 2.
new text end

new text begin Subd. 2. new text end

new text begin Project assessment. new text end

new text begin (a) Prior to including a capacity expansion project in the
state transportation improvement program, the commissioner must perform a capacity
expansion impact assessment of the project. Following the assessment, the commissioner
must determine if the project conforms with:
new text end

new text begin (1) the greenhouse gas emissions reduction benchmarks under section 174.01, subdivision
3;
new text end

new text begin (2) the vehicle miles traveled reduction targets established in the statewide multimodal
transportation plan under section 174.03, subdivision 1a; and
new text end

new text begin (3) providing neutral environmental effects in areas of persistent poverty or historically
disadvantaged communities.
new text end

new text begin (b) If the commissioner determines that the capacity expansion project is not in
conformance with paragraph (a), the commissioner must:
new text end

new text begin (1) alter the scope or design of the project and perform a revised assessment that meets
the requirements under this section;
new text end

new text begin (2) interlink sufficient impact mitigation as provided in subdivision 4; or
new text end

new text begin (3) halt project development and disallow inclusion of the project in the state
transportation improvement program.
new text end

new text begin Subd. 3. new text end

new text begin Assessment requirements. new text end

new text begin (a) The commissioner must establish a process to
perform capacity expansion impact assessments. An assessment must provide for the
determination under subdivision 2.
new text end

new text begin (b) Analysis under an assessment must include but is not limited to estimates resulting
from the project for the following:
new text end

new text begin (1) the total embodied carbon emissions;
new text end

new text begin (2) greenhouse gas emissions over a period of 50 years;
new text end

new text begin (3) a change in vehicle miles traveled for the trunk highway segment and in other
impacted areas within the state; and
new text end

new text begin (4) a calculation of positive, neutral, or negative environmental effects based on:
new text end

new text begin (i) air quality and pollution;
new text end

new text begin (ii) noise pollution;
new text end

new text begin (iii) general public health; and
new text end

new text begin (iv) other measures as determined by the commissioner.
new text end

new text begin (c) The commissioner must establish criteria to identify areas of persistent poverty and
historically disadvantaged communities based on measures and definitions in state and
federal law and federal guidance.
new text end

new text begin Subd. 4. new text end

new text begin Impact mitigation. new text end

new text begin (a) To provide for impact mitigation, the commissioner
must interlink the capacity expansion project as provided in this subdivision. Impact
mitigation is sufficient under subdivision 2, paragraph (b), if the capacity expansion project
is interlinked to mitigation actions such that:
new text end

new text begin (1) the total greenhouse gas emissions reduction from the actions equals or exceeds the
greenhouse gas emissions otherwise resulting from the capacity expansion project; and
new text end

new text begin (2) the total positive environmental effects from the actions equals or exceeds the negative
environmental effects, as determined under subdivision 3, paragraph (b), clause (4), otherwise
resulting from the capacity expansion project.
new text end

new text begin (b) Each comparison under paragraph (a), clauses (1) and (2), must be performed over
equal comparison periods.
new text end

new text begin (c) A mitigation action consists of a project, program, or operations modification in one
or more of the following areas:
new text end

new text begin (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;
new text end

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

new text begin (3) active transportation infrastructure;
new text end

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

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

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

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

new text begin (8) highway construction materials or practices modifications to provide for greenhouse
gas emissions reductions.
new text end

new text begin (d) A mitigation action may be identified as interlinked to the capacity expansion project
if:
new text end

new text begin (1) there is a specified project, program, or modification;
new text end

new text begin (2) the necessary funding sources are identified and sufficient amounts are committed;
new text end

new text begin (3) the area or corridor of the mitigation action is associated with the communities
impacted by the capacity expansion project; and
new text end

new text begin (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 (a).
new text end

new text begin Subd. 5. new text end

new text begin Public information. new text end

new text begin The commissioner must publish information regarding
capacity expansion impact assessments on the department website. The information must
include:
new text end

new text begin (1) identification of capacity expansion projects; and
new text end

new text begin (2) for each project, a summary that includes an overview of the expansion impact
assessment, the impact determination by the commissioner, and project disposition, including
a review of any mitigation actions.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2024.
new text end

Sec. 2.

Minnesota Statutes 2022, section 174.03, subdivision 1a, is amended to read:

Subd. 1a.

Revision of statewide multimodal transportation plan.

(a) The commissioner
must revise the statewide multimodal transportation plan by January 15, 2022, and by
January 15 of every five years thereafter. Before final adoption of a revised plan, the
commissioner must hold a hearing to receive public comment on the preliminary draft of
the revised plan.

(b) Each revised statewide multimodal transportation plan must:

(1) incorporate the goals of the state transportation system in section 174.01;

(2) establish objectives, policies, and strategies for achieving those goals; deleted text begin and
deleted text end

(3) identify performance targets for measuring progress and achievement of transportation
system goals, objectives, or policies new text begin ; and
new text end

new text begin (4) establish procedures and guidance for capacity expansion project development to
conform with section 161.178, subdivision 2, paragraph (a) new text end .

new text begin EFFECTIVE DATE; APPLICATION. new text end

new text begin This section is effective the day following
final enactment and applies to plan revisions adopted on or after that date.
new text end

Sec. 3. new text begin APPROPRIATION; CAPACITY EXPANSION IMPACT ASSESSMENTS.
new text end

new text begin $....... in fiscal year 2024 is appropriated from the trunk highway fund to the commissioner
of transportation for the implementation costs of capacity expansion impact assessments
under Minnesota Statutes, section 161.178. This is a onetime appropriation and is available
until June 30, 2025.
new text end