SF 1228

as introduced - 84th Legislature (2005 - 2006) Posted on 12/15/2009 12:00am

A bill for an act
relating to highways; requiring commissioner of
transportation to prepare a toll facilities plan;
prohibiting noncompete provisions in toll facility
development agreements from restricting or prohibiting
development, design, construction, or operation of
public transit; amending Minnesota Statutes 2004,
sections 160.84, subdivision 9; 160.86; proposing
coding for new law in Minnesota Statutes, chapter 160.

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

Section 1.

Minnesota Statutes 2004, section 160.84,
subdivision 9, is amended to read:

Subd. 9.

Toll facility.

"Toll facility" means a bridge,
causeway, or tunnel, and its approaches; a road, street, or
highway new text begin or lane thereon new text end ; an appurtenant building, structure, or
other improvement; land lying within applicable rights-of-way;
and other appurtenant rights or hereditaments that together
comprise a project for which a road authority or private
operator is authorized to develop, finance, design, operate, and
impose tolls under sections 160.84 to 160.92.

Sec. 2.

new text begin [160.851] TOLL FACILITIES PLAN.
new text end

new text begin Subdivision 1. new text end

new text begin Plan required. new text end

new text begin By June 30, 2006, the
commissioner shall adopt a draft toll facilities plan to cover a
20-year period. The plan must ensure that when toll facilities
are authorized they will be consistent with regional
transportation plans, be coordinated with other highway and
transportation improvements, and will be constructed only to
meet transportation needs that cannot reasonably be met in any
other way. The plan must include (1) all toll facilities that
have been identified in responses received by the commissioner
to a request for project proposals for toll facility
development, and (2) all toll facilities that the commissioner
determines are under active consideration for development
agreements by local road authorities. Neither the commissioner
nor a local road authority may enter into a development
agreement under section 160.86 until the initial plan has been
completed and approvals obtained under subdivision 4.
new text end

new text begin Subd. 2. new text end

new text begin Cost-benefit analysis. new text end

new text begin The plan must require
that before a development agreement may be signed for a toll
facility project the road authority must perform an analysis of
the project that compares (1) the total cost of the project to
its developer and users, and the benefits of the toll facility
to its users and users of other highways, to (2) the total costs
that the road authority would incur if it were to construct the
project itself and operate it without toll, and the benefits of
the nontoll facility to its users and users of other highways.
new text end

new text begin Subd. 3. new text end

new text begin Transit and high-occupancy vehicle
advantages. new text end

new text begin The plan must require that each development
agreement made by the commissioner must provide significant
advantages, benefits, or preferences to public transit and other
high-occupancy vehicles.
new text end

new text begin Subd. 4. new text end

new text begin Approval of plan. new text end

new text begin The draft toll facilities
plan must be approved by the metropolitan planning organization
in each metropolitan area in which the plan shows a toll
facility may potentially be located. The commissioner shall
submit the draft plan to each such metropolitan planning
organization by July 15, 2006. Failure by a metropolitan
planning organization to act on the draft plan by December 31,
2006, constitutes approval. The plan is not effective until all
approvals required under this subdivision have been secured.
new text end

new text begin Subd. 5. new text end

new text begin Operational aspects of plan. new text end

new text begin The toll
facilities plan must not only specify locations of potential
facilities but also provide for operational aspects of toll
facilities, including:
new text end

new text begin (1) design standards for toll facilities that are unique to
those facilities;
new text end

new text begin (2) methods of toll collection;
new text end

new text begin (3) determination of tolls;
new text end

new text begin (4) maintenance of and law enforcement on toll facilities;
and
new text end

new text begin (5) standards to be met before toll facilities are
transferred to a road authority.
new text end

Sec. 3.

Minnesota Statutes 2004, section 160.86, is
amended to read:

160.86 TOLL FACILITY DEVELOPMENT AGREEMENT; REQUIREMENTS.

A development agreement must include the following
provisions:

(a) The toll facility must meet the road authority's
standards of design and construction for roads and bridges of
the same functional classification.

(b) The commissioner must review and approve the location
and design of a bridge over navigable waters as if the bridge
were constructed by a road authority. This requirement does not
diminish the private operator's responsibility for bridge safety.

(c) The private operator shall manage and operate the toll
facility in cooperation with the road authority and subject to
the development agreement.

(d) The toll facility is subject to regular inspections by
the road authority and the commissioner.

(e) The agreement must provide the terms and conditions of
maintenance, snow removal, and police services to the toll
facility. The road authority must provide the services. The
services must meet at least the road authority's standards for
facilities of the same functional classification.

(f) The agreement must establish a reasonable rate of
return on investment and capital during the term of the
agreement.

new text begin (g) A toll facility agreement that contains a provision
that prohibits or restricts construction of a competing
transportation facility in proximity to the toll facility may
not prohibit or restrict the development, design, construction,
or operation of public transit facilities or service, including
commuter rail lines.
new text end

Sec. 4.

new text begin [160.865] TOLL FACILITIES; ADDITIONAL PLANNING
REQUIREMENTS.
new text end

new text begin Subdivision 1. new text end

new text begin Inclusion in statewide transportation
improvement program. new text end

new text begin The commissioner may not make a
development agreement for a toll facility unless the facility is
included in the commissioner's statewide transportation
improvement program for the federal fiscal year in which
construction of the facility would begin.
new text end

new text begin Subd. 2. new text end

new text begin Budget submission. new text end

new text begin In each biennial budget
document for the Department of Transportation submitted to the
legislature, the commissioner shall include a description of
each toll facility developed under a development agreement
between the commissioner and a private operator that the
commissioner determines is likely to have construction begun in
that biennium. The description must include the design and
location of each such facility. If a development agreement has
been signed for the facility, the description must summarize the
major points of the agreement. If no development agreement has
been signed, the description must summarize the major points of
all project proposals that have been received for the project.
new text end