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SF 912

as introduced - 91st Legislature (2019 - 2020) Posted on 02/11/2019 02:36pm

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

Current Version - as introduced

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A bill for an act
relating to transportation; requiring low-occupancy vehicles to pay a fee for using
MnPASS lanes; repealing MnPASS lane rulemaking exemption; requiring
Department of Transportation to issue a request for information relating to the
operation of MnPASS lanes; requiring a report; amending Minnesota Statutes
2018, section 160.93, subdivisions 1, 2, 4, 5, by adding a subdivision; repealing
Minnesota Statutes 2018, section 160.93, subdivisions 2a, 3.

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

Section 1.

Minnesota Statutes 2018, section 160.93, subdivision 1, is amended to read:


Subdivision 1.

Fees authorized.

To improve efficiency and provide more options to
individuals traveling in a trunk highway corridor, the commissioner of transportation may
charge user fees to owners or operators of deleted text begin single-occupantdeleted text end new text begin low-occupancy new text end vehicles using
dynamic shoulder lanes as designated by the commissioner and any designated
high-occupancy vehicle lanes. The fees may be collected using electronic or other
toll-collection methods and may vary in amount with the time of day and level of traffic
congestion within the corridor. The commissioner shall consult with the Metropolitan
Council and obtain necessary federal authorizations before implementing user fees on a
high-occupancy vehicle lane or dynamic shoulder lane. Fees under this section are not
subject to section 16A.1283.

Sec. 2.

Minnesota Statutes 2018, section 160.93, subdivision 2, is amended to read:


Subd. 2.

Deposit of revenues; appropriation.

(a) deleted text begin Except as provided in subdivision
2a,
deleted text end Money collected from fees authorized under subdivision 1 must be deposited in a
high-occupancy vehicle lane user fee account in the special revenue fund. A separate account
must be established for each trunk highway corridor. Money in the account is appropriated
to the commissioner.

(b) From this appropriation the commissioner shall deleted text begin firstdeleted text end new text begin :
new text end

new text begin (1) first,new text end repay the trunk highway fund and any other fund source for money spent to
install, equip, or modify the corridor for the purposes of subdivision 1deleted text begin , and then shalldeleted text end new text begin ;
new text end

new text begin (2) second,new text end pay all the costs of implementing and administering the fee collection system
for that corridordeleted text begin .deleted text end new text begin ;
new text end

deleted text begin (c) The commissioner shall spend remaining money in the account as follows:
deleted text end

deleted text begin (1) one-half must be spentdeleted text end new text begin (3) third, pay new text end for transportation capital improvements within
the corridor; deleted text begin and
deleted text end

new text begin (4) fourth, pay for maintenance of the corridor; and
new text end

deleted text begin (2) one-half must be transferreddeleted text end new text begin (5) fifth, transfer any funds not spent according to clauses
(1) to (4)
new text end to the Metropolitan Council for expansion and improvement of bus transit services
within the corridor beyond the level of service provided on the date of implementation of
subdivision 1.

Sec. 3.

Minnesota Statutes 2018, section 160.93, subdivision 4, is amended to read:


Subd. 4.

Prohibition.

No person may operate a deleted text begin single-occupantdeleted text end new text begin low-occupancy new text end vehicle
in a designated high-occupancy vehicle lane or dynamic shoulder lane except in compliance
with the requirements of deleted text begin the commissionerdeleted text end new text begin this sectionnew text end . A person who violates this
subdivision is guilty of a petty misdemeanor and is subject to sections 169.89, subdivisions
1, 2, and 4
, and 169.891 and any other provision of chapter 169 applicable to the commission
of a petty misdemeanor traffic offense.

Sec. 4.

Minnesota Statutes 2018, section 160.93, subdivision 5, is amended to read:


Subd. 5.

Dynamic shoulder lanes.

(a) The commissioner may designate dynamic
shoulder lanes on freeways. The commissioner may operate dynamic shoulder lanes as
priced lanes, general purpose lanes, high-occupancy vehicle lanes, or as shoulders as defined
in section 169.011, subdivision 74. The commissioner may prescribe the conditions under
which the lanes may be used.

(b) The commissioner may not operate a dynamic shoulder lane on marked Trunk
Highway 35W from its intersection with marked Trunk Highway 94 to its intersection with
marked Trunk Highway 62 as a general purpose lane. A dynamic shoulder lane along this
portion of marked Trunk Highway 35W may only be used by:

(1) a vehicle with more than one occupant;

(2) a deleted text begin single-occupantdeleted text end new text begin low-occupancy new text end vehicle if the fee under subdivision 1 is paid;

(3) a transit bus providing public transit, as defined in section 174.22, subdivision 7;
and

(4) an authorized emergency vehicle, as defined in section 169.011, subdivision 3.

(c) The commissioner shall erect signs to indicate when the lanes may be used.

Sec. 5.

Minnesota Statutes 2018, section 160.93, is amended by adding a subdivision to
read:


new text begin Subd. 6. new text end

new text begin Low-occupancy vehicle. new text end

new text begin For purposes of this section, a "low-occupancy vehicle"
is a motor vehicle with an occupancy of one or two individuals.
new text end

Sec. 6. new text begin REQUEST FOR INFORMATION FOR OPERATION OF MNPASS LANES.
new text end

new text begin (a) No later than June 1, 2019, the commissioner of transportation must issue a request
for information as described in this section. The request for information must obtain advice
from qualified vendors regarding the feasibility of using a private entity to operate and
administer MnPASS lanes.
new text end

new text begin (b) The request for information must be designed to obtain information that includes:
new text end

new text begin (1) feasibility, costs, and a preliminary estimated timeline or schedule for the private
entity to assume responsibility for operating and administering MnPASS lanes; and
new text end

new text begin (2) capacity and experience of a potential entity.
new text end

new text begin (d) The request for information under this section must be published in the State Register
and on the Department of Administration's website at least 14 days prior to closing. The
request must otherwise be administered according to the requirements of Minnesota Statutes,
chapter 16C, to the extent applicable, except that a vendor's submission does not constitute
a response to a solicitation, as defined in Minnesota Statutes, section 16C.02, subdivision
14. The commissioner is prohibited from using a vendor submission in response to a request
for information under this section to enter a contract unless the terms of the submission are
later included in a vendor's response to a formal solicitation, as defined in Minnesota Statutes,
section 16C.02, subdivision 7.
new text end

new text begin (e) No later than September 1, 2019, the commissioner must submit a report to the chairs
and ranking minority members of the house of representatives and senate committees with
jurisdiction over transportation finance. The report must summarize the responses and
information received from qualified entities under this section.
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. 7. new text begin REPEALER.
new text end

new text begin Minnesota Statutes 2018, section 160.93, subdivisions 2a and 3, new text end new text begin are repealed.
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

APPENDIX

Repealed Minnesota Statutes: 19-2858

160.93 USER FEES; HIGH-OCCUPANCY VEHICLE AND DYNAMIC SHOULDER LANES.

Subd. 2a.

I-35W high-occupancy vehicle and dynamic shoulder lane account.

(a) An I-35W high-occupancy vehicle and dynamic shoulder lane account is established in the special revenue fund. Money collected from fees authorized under subdivision 1 for the marked Interstate Highway 35W (I-35W) corridor must be deposited in the account and used as described in this subdivision. Money in the account is appropriated to the commissioner.

(b) During the first year of revenue operations, the commissioner shall use the money received in that year to pay the costs of operating and administering the fee collection system within the corridor, up to $1,000,000. Any remaining money must be transferred to the Metropolitan Council for improvement of bus transit services within the I-35W corridor including transit capital expenses.

(c) During the second and subsequent years of revenue operations, the commissioner shall use money in the account as follows:

(1) each year, allocate the lesser amount of $1,000,000 or 75 percent of the revenues for operating and administering the fee collection system within the corridor;

(2) transfer the remaining amount up to the amount allocated under clause (1) to the Metropolitan Council for improvement of bus transit within the corridor including capital expenses; and

(3) allocate any remaining amount as follows: (i) 25 percent to the commissioner for operating and administering the fee collection system within the corridor and for transportation capital improvements that are consistent with the goals of the urban partnership agreement and that are located within the corridor and (ii) 75 percent to the Metropolitan Council for improvement of bus transit services within the corridor including transit capital expenses.

Subd. 3.

Rules exemption.

With respect to this section, the commissioner is exempt from statutory rulemaking requirements, including section 14.386, and from sections 160.84 to 160.92 and 161.162 to 161.167.