SF 1364

1st Engrossment - 92nd Legislature (2021 - 2022) Posted on 12/17/2021 10:18am

A bill for an act
relating to transportation; establishing the Transportation Programming and
Investment Committee; providing duties of the committee; providing appointments;
proposing coding for new law in Minnesota Statutes, chapter 174.

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

Section 1.

new text begin [174.13] TRANSPORTATION PROGRAMMING AND INVESTMENT
COMMITTEE.
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new text begin Subdivision 1. new text end

new text begin Establishment; duties. new text end

new text begin (a) The Transportation Programming and
Investment Committee is established in the department. The committee must provide policy
direction for the department's capital investments on the transportation system and must
make programmatic capital investment decisions and recommendations to the commissioner.
At a minimum, the committee must:
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new text begin (1) make, approve, or confirm major policy and spending decisions related to construction
on trunk highways;
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new text begin (2) select projects pursuant to state law and department policies;
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new text begin (3) make decisions on trunk highway programming;
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new text begin (4) distribute uncommitted funds;
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new text begin (5) direct state road construction funds to specific projects, programs, and studies; and
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new text begin (6) create and maintain the investment opportunity plan and select projects from that
list for funding as funds allow.
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new text begin (b) In making programming decisions, the Transportation Programming and Investment
Committee must follow state and federal law and any policy or procedure established by
the commissioner. The committee and the commissioner must not override or contradict
state or federal law or any policy or procedure adopted by the commissioner.
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new text begin Subd. 2. new text end

new text begin Members. new text end

new text begin (a) The Transportation Programming and Investment Committee
consists of the following ten voting members:
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new text begin (1) the department's assistant commissioner for modal planning and program management;
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new text begin (2) the department's assistant commissioner for state aid;
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new text begin (3) the department's assistant commissioner for engineering services;
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new text begin (4) the department's assistant commissioner for operations;
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new text begin (5) the department's assistant commissioner for sustainability and public health;
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new text begin (6) the department's chief financial officer;
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new text begin (7) two members of the house of representatives, one appointed by the speaker of the
house and one appointed by the minority leader of the house; and
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new text begin (8) two senators, one appointed by the senate majority leader and one appointed by the
senate minority leader.
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new text begin (b) In addition to the voting members specified in paragraph (a), the Transportation
Programming and Investment Committee consists of the following six nonvoting members:
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new text begin (1) the department's assistant division director for modal planning and program
management;
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new text begin (2) the department's two assistant division directors for operations;
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new text begin (3) the department's assistant division director for engineering services;
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new text begin (4) the department's controller or office director for financial management; and
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new text begin (5) the department's deputy engineer for state aid.
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new text begin (c) Any decision or recommendation made by the committee must be made by six or
more of the voting members described in paragraph (b), including at least one legislator
from each party represented by a legislator on the committee.
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new text begin (d) The assistant commissioner for modal planning and program management, or the
assistant commissioner's designee, serves as the chair of the Transportation Programming
and Investment Committee.
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new text begin Subd. 3. new text end

new text begin Meetings. new text end

new text begin (a) The Transportation Programming and Investment Committee
must meet at least once each calendar month.
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new text begin (b) The chair must designate a person to take minutes for each meeting. At a minimum,
the minutes must include the following information:
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new text begin (1) the members and anyone else present for the meeting;
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new text begin (2) the issues considered by the committee;
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new text begin (3) a summary of the discussion for each issue; and
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new text begin (4) the number of yes and no votes for each vote taken.
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new text begin The minutes must be posted on the department's website within three calendar days after
the meeting. The minutes must remain available on the department's website for two calendar
years after the minutes were posted.
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new text begin Subd. 4. new text end

new text begin Commissioner response. new text end

new text begin If the commissioner does not follow a decision or
recommendation made by the Transportation Programming and Investment Committee, the
commissioner must notify the committee, in writing, that the commissioner did not follow
the decision or recommendation and explain the reasons for the decision. The commissioner
must post the notification on the department's website within three calendar days of
submitting it to the committee. The notification must remain available on the department's
website for two calendar years after the notification was posted.
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new text begin Subd. 5. new text end

new text begin Investment opportunity plan. new text end

new text begin The Transportation Programming and Investment
Committee must establish and maintain an investment opportunity plan that includes projects
with an identified need but are not funded by or cannot be funded by the standard
programming process. The plan must set forth a process to be used when determining how
to allocate funding. The commissioner must publish the plan on the department's website.
The committee must publish on the department's website a list of all projects that the
committee considers for funding. The list must identify the projects that were selected and
the projects that were not selected. For each project that was not selected, the commissioner
must include the reason it was not selected.
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new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2021.
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Sec. 2. new text begin APPOINTMENTS.
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new text begin The speaker of the house of representatives, minority leader of the house of
representatives, the senate majority leader, and the senate minority leader must make the
appointments required by section 1 by June 30, 2021.
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new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end