Minnesota Legislature
HF 4988
as introduced - 93rd Legislature (2023 - 2024) Posted on 03/18/2024 02:06pm
Current Version - as introduced
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A bill for an act
relating to transportation; modifying requirements governing assessment of trunk
highway projects for impacts on greenhouse gas emissions and vehicle miles
traveled; establishing a technical advisory committee; appropriating money;
amending Minnesota Statutes 2022, section 161.045, subdivision 1; Minnesota
Statutes 2023 Supplement, sections 161.045, subdivision 3; 161.178; proposing
coding for new law in Minnesota Statutes, chapter 161.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
ARTICLE 1
TRANSPORTATION IMPACT ASSESSMENT; POLICY
Section 1.
Minnesota Statutes 2023 Supplement, section 161.178, is amended to read:
161.178 TRANSPORTATION GREENHOUSE GAS EMISSIONS IMPACT
ASSESSMENT.
Subdivision 1.
Definitions.
(a) For purposes of this section, the following terms have
the meanings given.
(b) "Applicable entity" means the commissioner with respect to a deleted text begin capacity expansiondeleted text end
projectnew text begin or portfolionew text end for inclusion in the state transportation improvement program or a
metropolitan planning organization with respect to a deleted text begin capacity expansiondeleted text end projectnew text begin or portfolionew text end
for inclusion in the appropriate metropolitan transportation improvement program.
(c) "Assessment" means the deleted text begin capacity expansiondeleted text end impact assessment under this section.
(d) "Capacity expansion project" means a project for trunk highway construction or
reconstruction that:
(1) is a major highway project, as defined in section 174.56, subdivision 1, paragraph
(b); and
(2) adds highway traffic capacity or provides for grade separation new text begin of motor vehicle traffic
new text end at an intersection, excluding auxiliary lanes with a length of less than 2,500 feet.
(e) "Greenhouse gas emissions" includes those emissions described in section 216H.01,
subdivision 2.
Subd. 2.
Projectnew text begin or portfolionew text end assessment.
(a) Prior to inclusion of a deleted text begin capacity expansiondeleted text end
projectnew text begin or portfolionew text end in the state transportation improvement program ornew text begin innew text end a metropolitan
transportation improvement program, the applicable entity must perform deleted text begin a capacity expansiondeleted text end new text begin
annew text end impact assessment of the projectnew text begin or portfolionew text end . Following the assessment, the applicable
entity must determine if the projectnew text begin or portfolionew text end conforms with:
(1) the greenhouse gas emissions reduction targets under section 174.01, subdivision 3;
and
(2) the vehicle miles traveled reduction targets established in the statewide multimodal
transportation plan under section 174.03, subdivision 1a.
(b) If the applicable entity determines that the deleted text begin capacity expansiondeleted text end projectnew text begin or portfolionew text end is
not in conformance with paragraph (a), the applicable entity must:
(1) alter the scope or design of the projectnew text begin or any number of projects,new text end andnew text begin subsequentlynew text end
perform a revised assessment that meets the requirements under this section;
(2) interlink sufficient impact mitigation as provided in subdivision 4; or
(3) halt project development and disallow inclusion of the projectnew text begin or portfolionew text end in the
appropriate transportation improvement program.
new text begin Subd. 2a. new text end
new text begin Applicable projects. new text end
new text begin
(a) For purposes of this section, a "project or portfolio"
has the meaning given in this subdivision.
new text end
new text begin
(b) Prior to the date established under paragraph (d), "project or portfolio" means each
capacity expansion project.
new text end
new text begin
(c) On and after the date established under paragraph (d), "project or portfolio" means
a capacity expansion project or the collection of trunk highway projects for a fiscal year
and specific region that are in any of the program categories of construction, major
construction, reconstruction, reconditioning, or bridge replacement.
new text end
new text begin
(d) The commissioner must establish a date to implement impact assessment on the basis
of assessing a portfolio or program of projects instead of on a project-by-project basis. The
date must be the earlier of:
new text end
new text begin
(1) January 1, 2030; or
new text end
new text begin
(2) as specified by the commissioner following consultation with metropolitan planning
organizations and a determination that tools and models are sufficient.
new text end
Subd. 3.
Assessment requirements.
(a) The commissioner must establish a process to
perform deleted text begin capacity expansiondeleted text end impact assessments. An assessment must provide for the
determination under subdivision 2.
(b) Analysis under an assessment must include but is not limited to estimates resulting
from deleted text begin thedeleted text end new text begin anew text end projectnew text begin or portfolionew text end for the following:
(1) greenhouse gas emissions over a period of 20 years; deleted text begin and
deleted text end
(2) a net change in vehicle miles traveled for the affected networkdeleted text begin .deleted text end new text begin ; and
new text end
new text begin
(3) analysis of trunk highways and related impacts to local road systems, on a local,
regional, or statewide basis, as appropriate.
new text end
Subd. 4.
Impact mitigationnew text begin ; interlinkingnew text end .
(a) To provide for impact mitigation, the
applicable entity must interlink the deleted text begin capacity expansiondeleted text end projectnew text begin or portfolionew text end as provided in
this subdivision.
(b) Impact mitigation is sufficient under subdivision 2, paragraph (b), if the deleted text begin capacity
expansiondeleted text end projectnew text begin or portfolionew text end is interlinked to deleted text begin mitigationdeleted text end new text begin offsetnew text end actions such that the total
greenhouse gas emissions reduction from the deleted text begin mitigationdeleted text end new text begin offsetnew text end actions, after accounting for
the greenhouse gas emissions otherwise resulting from the deleted text begin capacity expansiondeleted text end projectnew text begin or
portfolionew text end , is consistent with meeting the targets specified under subdivision 2, paragraph
(a). Each comparison under this paragraph must be performed over equal comparison periods.
(c) deleted text begin A mitigationdeleted text end new text begin An offsetnew text end action consists of a project, program, deleted text begin ordeleted text end operations
modificationnew text begin , or mitigation plannew text end in one or more of the following areas:
(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;
(2) transit service improvements, including but not limited to increased service level,
transit fare reduction, and transit priority treatments;
(3) active transportation infrastructure;
(4) micromobility infrastructure and service, including but not limited to shared vehicle
services;
(5) transportation demand management, including but not limited to vanpool and shared
vehicle programs, remote work, and broadband access expansion;
(6) parking management, including but not limited to parking requirements reduction
or elimination and parking cost adjustments;
(7) land use, including but not limited to residential and other density increases, mixed-use
development, and transit-oriented development;
(8) infrastructure improvements related to traffic operations, including but not limited
to roundabouts and reduced conflict intersections; and
(9) deleted text begin natural systems, including but not limited to prairie restoration, reforestation, and
urban green spacedeleted text end new text begin as specified by the commissioner in the manner provided under paragraph
(e)new text end .
(d) deleted text begin A mitigationdeleted text end new text begin An offsetnew text end action may be identified as interlinked to the deleted text begin capacity
expansiondeleted text end projectnew text begin or portfolionew text end if:
(1) there is a specified project, program, deleted text begin ordeleted text end modificationnew text begin , or mitigation plannew text end ;
(2) the necessary funding sources are identified and sufficient amounts are committed;
(3) the mitigation is localized as provided in subdivision 5; and
(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 (b).
new text begin
(e) The commissioner may authorize additional offset actions under paragraph (c) if:
new text end
new text begin
(1) the offset action is reviewed and recommended by the technical advisory committee
under section 161.1782; and
new text end
new text begin
(2) the commissioner determines that the offset action is directly related to reduction in
the transportation sector of greenhouse gas emissions or vehicle miles traveled.
new text end
Subd. 5.
Impact mitigation; localization.
(a) deleted text begin A mitigationdeleted text end new text begin An offsetnew text end action under
subdivision 4 must be localized in the following priority order:
(1)new text begin if the offset action is for one project,new text end within or associated with at least one of the
communities impacted by the deleted text begin capacity expansiondeleted text end project;
(2) ifnew text begin clause (1) does not apply ornew text end there is not a reasonably feasible location under clause
(1), in areas of persistent poverty or historically disadvantaged communities, as measured
and defined in federal law, guidance, and notices of funding opportunity;
(3) if there is not a reasonably feasible location under clauses (1) and (2), in the region
of the deleted text begin capacity expansiondeleted text end projectnew text begin or portfolionew text end ; or
(4) if there is not a reasonably feasible location under clauses (1) to (3), on a statewide
basis.
(b) The applicable entity must include an explanation regarding the feasibility and
rationale for each mitigation action located under paragraph (a), clauses (2) to (4).
Subd. 6.
Public information.
The commissioner must publish information regarding
deleted text begin capacity expansiondeleted text end impact assessments on the department's website. The information must
include:
(1)new text begin for each project evaluated separately under this section,new text end identification of deleted text begin capacity
expansion projectsdeleted text end new text begin the projectnew text end ; deleted text begin and
deleted text end
(2) for each projectnew text begin evaluated separatelynew text end , a summary that includes an overview of the
deleted text begin expansion impactdeleted text end assessment, the impact determination by the commissioner, and project
disposition, including a review of any deleted text begin mitigationdeleted text end new text begin offsetnew text end actionsdeleted text begin .deleted text end new text begin ;
new text end
new text begin
(3) for each portfolio of projects, an overview of the projects, the impact determination
by the commissioner, and a summary of any offset actions;
new text end
new text begin
(4) a review of any interpretation of or additions to offset actions under subdivision 4;
new text end
new text begin
(5) identification of the date established by the commissioner under subdivision 2a,
paragraph (d); and
new text end
new text begin
(6) a summary of the activities of the technical advisory committee under section
161.1782, including but not limited to any findings or recommendations made by the advisory
committee.
new text end
Subd. 7.
Safety and well-being.
The requirements of this section are in addition to and
must not supplant the safety and well-being goals established under section 174.01,
subdivision 2, clauses (1) and (2).
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective is effective February 1, 2025. This section
does not apply to a capacity expansion project that was either included in the state
transportation improvement program or has been submitted for approval of the geometric
layout before February 1, 2025.
new text end
Sec. 2.
new text begin
[161.1782] TRANSPORTATION IMPACT ASSESSMENT; TECHNICAL
ADVISORY COMMITTEE.
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) "Advisory committee" means the technical advisory committee established in this
section.
new text end
new text begin
(c) "Project or portfolio" has the meaning provided in section 161.178.
new text end
new text begin Subd. 2. new text end
new text begin Establishment. new text end
new text begin
The commissioner must establish a technical advisory committee
to assist in implementation review related to the requirements under section 161.178.
new text end
new text begin Subd. 3. new text end
new text begin Membership; appointments. new text end
new text begin
(a) The advisory committee is composed of the
following members:
new text end
new text begin
.......
new text end
new text begin
(b) The commissioner may appoint additional individuals to the advisory committee
who are not employees of the state or a political subdivision if the commissioner determines
that particular expertise or perspective would be beneficial to the advisory committee in the
performance of its duties.
new text end
new text begin Subd. 4. new text end
new text begin Membership; requirements. new text end
new text begin
(a) To be eligible for appointment to the advisory
committee, an individual must have experience or expertise sufficient to provide assistance
in implementation or technical review related to the requirements under section 161.178.
Each appointing authority must consider appointment of individuals with expertise in travel
demand modeling, traffic forecasting, land use planning, or transportation-related greenhouse
gas emissions assessment and analysis.
new text end
new text begin
(b) Members of the advisory committee serve at the pleasure of the appointing authority.
Vacancies must be filled by the appointing authority.
new text end
new text begin Subd. 5. new text end
new text begin Duties. new text end
new text begin
The advisory committee must assist the commissioner in implementation
of the requirements under section 161.178 by:
new text end
new text begin
(1) performing technical review and validation of processes and methodologies used for
impact assessment and impact mitigation;
new text end
new text begin
(2) reviewing and making recommendations on:
new text end
new text begin
(i) impact assessment requirements;
new text end
new text begin
(ii) models and tools for impact assessment;
new text end
new text begin
(iii) methods to determine sufficiency of impact mitigation;
new text end
new text begin
(iv) procedures for interlinking a project or portfolio to impact mitigation; and
new text end
new text begin
(v) reporting and data collection;
new text end
new text begin
(3) advising on the approach used to determine the area of influence for a project or
portfolio for a geographic or transportation network area;
new text end
new text begin
(4) developing recommendations on any clarifications, modifications, or additions to
the offset actions authorized under section 161.178, subdivision 4; and
new text end
new text begin
(5) performing other analysis or activities as requested by the commissioner.
new text end
new text begin Subd. 6. new text end
new text begin Administration. new text end
new text begin
(a) The commissioner must provide administrative support
to the advisory committee. Upon request, the commissioner must provide information and
technical support to the advisory committee.
new text end
new text begin
(b) Members of the advisory committee are not eligible for compensation under this
section.
new text end
new text begin
(c) The advisory committee is subject to the Minnesota Data Practices Act under chapter
13 and to the Minnesota Open Meeting Law under chapter 13D.
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
ARTICLE 2
TRANSPORTATION IMPACT ASSESSMENT; FINANCE
Section 1.
Minnesota Statutes 2022, section 161.045, subdivision 1, is amended to read:
Subdivision 1.
Definition.
new text begin (a) new text end For purposes of this section, new text begin the following terms have the
meanings given.
new text end
new text begin (b) new text end "Commissioner" means any commissioner of a state agency that either proposes to
spend or spends funds out of the highway user tax distribution fund or the trunk highway
fund.
new text begin
(c) On and after the date established by the commissioner under section 161.178,
subdivision 2a, paragraph (d), "trunk highway purposes" includes but is not limited to an
offset action that is interlinked to a project or portfolio under section 161.178, subdivision
4.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective July 1, 2025.
new text end
Sec. 2.
Minnesota Statutes 2023 Supplement, section 161.045, subdivision 3, is amended
to read:
Subd. 3.
Limitations on spending.
(a) A commissioner must not pay for any of the
following with funds from the highway user tax distribution fund or the trunk highway fund:
(1) Bureau of Criminal Apprehension laboratory;
(2) Explore Minnesota Tourism kiosks;
(3) Minnesota Safety Council;
(4) driver education programs;
(5) Emergency Medical Services Regulatory Board;
(6) Mississippi River Parkway Commission;
(7) payments to the Department of Information Technology Services in excess of actual
costs incurred for trunk highway purposes;
(8) personnel costs incurred on behalf of the governor's office;
(9) the Office of Aeronautics within the Department of Transportation;
(10) the Office of Transit and Active Transportation within the Department of
Transportation;
(11) the Office of Passenger Rail;
(12) purchase and maintenance of soft body armor under section 299A.38;
(13) tourist information centers;
(14) parades, events, or sponsorships of events;
(15) the installation, construction, expansion, or maintenance of public electric vehicle
infrastructure;
(16) the statewide notification center for excavation services pursuant to chapter 216D;
and
(17) manufacturing license plates.
(b) The prohibition in paragraph (a) includes all expenses for the named entity or program,
including but not limited to payroll, purchased services, supplies, repairs, and equipment.
This prohibition on spending applies to any successor entities or programs that are
substantially similar to the entity or program named in this subdivision.
new text begin
(c) The prohibition in paragraph (a), clauses (10) and (11), only applies prior to the date
established by the commissioner under section 161.178, subdivision 2a, paragraph (d).
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective July 1, 2025.
new text end
Sec. 3. new text begin APPROPRIATIONS; TRANSPORTATION IMPACT ASSESSMENT
IMPLEMENTATION.
new text end
new text begin Subdivision 1. new text end
new text begin Trunk highway fund; modeling. new text end
new text begin
$....... in fiscal year 2025 is appropriated
from the trunk highway fund to the commissioner of transportation for statewide and regional
travel demand models related to the requirements under Minnesota Statutes, section 161.178.
new text end
new text begin Subd. 2. new text end
new text begin Trunk highway fund; mitigation. new text end
new text begin
$10,000,000 in fiscal year 2025 is
appropriated from the trunk highway fund to the commissioner of transportation for impact
mitigation under Minnesota Statutes, section 161.178. The base for this appropriation is
$5,000,000 in each of fiscal years 2026 and 2027, and $0 in fiscal year 2028 and thereafter.
new text end
new text begin Subd. 3. new text end
new text begin General fund; local compliance. new text end
new text begin
$4,000,000 in fiscal year 2025 is appropriated
from the general fund to the commissioner of transportation for grants to metropolitan
planning organizations and local units of government to develop plans and capacity related
to the requirements under Minnesota Statutes, section 161.178.
new text end