SF 911

as introduced - 91st Legislature (2019 - 2020) Posted on 02/07/2019 02:20pm

A bill for an act
relating to transportation; prohibiting use of trunk highway funds for bicycle lanes;
amending Minnesota Statutes 2018, sections 160.262, subdivision 1; 160.264;
160.266, subdivision 5; 161.04, by adding a subdivision; 174.37, subdivision 1;
174.75, by adding a subdivision.

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

Section 1.

Minnesota Statutes 2018, section 160.262, subdivision 1, is amended to read:

Subdivision 1.

Bikeways; powers and duties; design guidelines.

(a) The legislature
determines that it is in the interests of the public health, safety and welfare, to provide for
the addition of bikeways to proposed and existing public highways. The commissioner of
transportation is authorized to plan, design, establish, and maintain bikeways on the
right-of-way of any trunk highway. The commissioner is responsible for the design and
construction of all bikeway projects within the right-of-way of any trunk highway. The
commissioner must consider the development of bikeways during the planning, design,
construction, reconstruction, or improvement of any trunk highway, or allow the
establishment of such bikeways within trunk highway right-of-way.

(b) The commissioner must maintain bikeway design guidelines consistent with the state
transportation goals in section 174.01.

(c) The commissioner must compile and maintain a map of bikeways in the state and
must publish and distribute the map's information at least once every two years in a form
and manner suitable to assist persons wishing to use the bikeways.

(d) The commissioner must maintain bikeways within the limits of trunk highway
right-of-way unless a written agreement or limited use permit provides otherwise.

new text begin (e) The commissioner must not spend any money from the trunk highway fund on
creating, constructing, expanding, marking, or maintaining bicycle routes.
new text end

Sec. 2.

Minnesota Statutes 2018, section 160.264, is amended to read:

160.264 REPLACING BIKEWAYS AND PEDESTRIAN WAYS.

Whenever an existing bikeway, pedestrian way, or roadway used by bicycles or
pedestrians or the sole access to such is destroyed by any new, reconstructed, or relocated
federal, state, or local highway, the road authority responsible shall replace the destroyed
facility or access with a comparable facility or access. Replacement is not required where
it would be contrary to public safety or when sparsity of population, other available ways
or other factors indicate an absence of need for such facility or access. new text begin Replacement is
prohibited where money from the trunk highway fund would be used for the replacement.
new text end

Sec. 3.

Minnesota Statutes 2018, section 160.266, subdivision 5, is amended to read:

Subd. 5.

Funding.

new text begin (a) new text end Shared use paths included within state bicycle routes and not
administered by the commissioner of natural resources are eligible for funding from the
environment and natural resources trust fund under chapter 116P, from the parks and trails
grant program under section 85.535, from the local recreation grants program under section
85.019, subdivision 4b, and from other sources.

new text begin (b) The commissioner must not spend any money from the trunk highway fund on
creating, constructing, expanding, marking, or maintaining a state bicycle route.
new text end

Sec. 4.

Minnesota Statutes 2018, section 161.04, is amended by adding a subdivision to
read:

new text begin Subd. 7. new text end

new text begin Prohibition on use for bicycle lanes. new text end

new text begin No money from the trunk highway fund
may be spent on creating, constructing, expanding, marking, or maintaining bicycle lanes.
Money from the trunk highway fund must not be spent to convert a vehicle travel lane to a
bicycle travel lane.
new text end

Sec. 5.

Minnesota Statutes 2018, section 174.37, subdivision 1, is amended to read:

Subdivision 1.

Purpose.

(a) The commissioner of transportation shall establish an
advisory committee on nonmotorized transportation. The committee shall make
recommendations to the commissioner on items related to nonmotorized transportation,
including safety, education, and development programs. The committee shall review and
analyze issues and needs relating to operating nonmotorized transportation on public
rights-of-way, and identify solutions and goals for addressing identified issues and needs. new text begin
The committee must not make any recommendations that would spend money from the
trunk highway fund on bicycle routes.
new text end

(b) For purposes of this section, "nonmotorized transportation" includes bicycling,
pedestrian activities, and other forms of nonmotorized transportation.

Sec. 6.

Minnesota Statutes 2018, section 174.75, is amended by adding a subdivision to
read:

new text begin Subd. 6. new text end

new text begin Bicycle lane funding limitation. new text end

new text begin Notwithstanding any complete street policy
or plan, the commissioner is prohibited from spending any money from the trunk highway
fund on creating, constructing, expanding, marking, or maintaining bicycle lanes.
new text end