SF 3058

3rd Engrossment - 85th Legislature (2007 - 2008) Posted on 12/15/2009 12:00am

A bill for an act
relating to transportation; authorizing urban partnership agreements to provide
for user fees for use of high-occupancy vehicle lanes and dynamic shoulder
lanes; exempting commissioner of transportation from rulemaking regarding
urban partnership agreements, toll facilities, and final layouts for highways;
imposing penalties; appropriating money; amending Minnesota Statutes 2006,
sections 160.02, by adding a subdivision; 160.93; 169.01, subdivision 31, by
adding a subdivision; 169.306.

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

Section 1.

Minnesota Statutes 2006, section 160.02, is amended by adding a
subdivision to read:

new text begin Subd. 30. new text end

new text begin Dynamic shoulder lane. new text end

new text begin "Dynamic shoulder lane" means the shoulder
of a freeway on which the commissioner may allow the operation of vehicles during
certain periods.
new text end

Sec. 2.

Minnesota Statutes 2006, section 160.93, is amended to read:

160.93 USER FEES; HIGH-OCCUPANCY VEHICLE new text begin AND DYNAMIC
SHOULDER new text end LANES.

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 single-occupant vehicles using new text begin dynamic shoulder
lanes as designated by the commissioner and any new text end 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 new text begin or
dynamic shoulder lane new text end . Fees under this section are not subject to section 16A.1283.

Subd. 2.

Deposit of revenues; appropriation.

(a) new text begin Except as provided in subdivision
2a, new 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 first 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 1, and then shall pay all the costs of implementing and
administering the fee collection system for that corridor.

(c) The commissioner shall spend remaining money in the account as follows:

(1) one-half must be spent for transportation capital improvements within the
corridor; and

(2) one-half must be transferred 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.

new text begin Subd. 2a. new text end

new text begin I-35W high-occupancy vehicle and dynamic shoulder lane account.
new text end

new text begin (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.
new text end

new text begin (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.
new text end

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

new text begin (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;
new text end

new text begin (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
new text end

new text begin (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.
new text end

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.

Subd. 4.

Prohibition.

No person may operate a single-occupant vehicle in a
designated high-occupancy vehicle lane new text begin or dynamic shoulder lane new text end except in compliance
with the requirements of the commissioner. 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.

new text begin Subd. 5. new text end

new text begin Dynamic shoulder lanes. new text end

new text begin (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 169.01, subdivision 73. The commissioner may prescribe the conditions
under which the lanes may be used.
new text end

new text begin (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:
new text end

new text begin (1) a vehicle with more than one occupant;
new text end

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

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

new text begin (4) an authorized emergency vehicle, as defined in section 169.01, subdivision 5.
new text end

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

Sec. 3.

Minnesota Statutes 2006, section 169.01, subdivision 31, is amended to read:

Subd. 31.

Roadway.

"Roadway" means that portion of a highway improved,
designed, or ordinarily used for vehicular travel, exclusive of the sidewalk or shoulder. new text begin
During periods when the commissioner allows the use of dynamic shoulder lanes as
defined in subdivision 93, roadway includes that shoulder. new text end In the event a highway includes
two or more separate roadways, the term "roadway" as used herein shall refer to any such
roadway separately but not to all such roadways collectively.

Sec. 4.

Minnesota Statutes 2006, section 169.01, is amended by adding a subdivision
to read:

new text begin Subd. 93. new text end

new text begin Dynamic shoulder lane. new text end

new text begin "Dynamic shoulder lane" has the meaning
given in section 160.02, subdivision 30.
new text end

Sec. 5.

Minnesota Statutes 2006, section 169.306, is amended to read:

169.306 USE OF SHOULDERS BY BUSES.

(a) The commissioner of transportation may permit the use by transit buses and
metro mobility buses of a shoulder of a freeway or expressway, as defined in section
160.02, in the seven-county metropolitan area.

(b) If the commissioner permits the use of a freeway or expressway shoulder by
transit buses, the commissioner shall also permit the use on that shoulder of a bus with a
seating capacity of 40 passengers or more operated by a motor carrier of passengers, as
defined in section 221.011, subdivision 48, while operating in intrastate commerce.

(c) Buses authorized to use the shoulder under this section may be operated on the
shoulder only when main line traffic speeds are less than 35 miles per hour. Drivers of
buses being operated on the shoulder may not exceed the speed of main line traffic by
more than 15 miles per hour and may never exceed 35 miles per hour. Drivers of buses
being operated on the shoulder must yield to merging, entering, and exiting traffic and
must yield to other vehicles on the shoulder. Buses operated on the shoulder must be
registered with the Department of Transportation.

(d) For the purposes of this section, the term "metro mobility bus" means a motor
vehicle of not less than 20 feet in length engaged in providing special transportation
services under section 473.386 that is:

(1) operated by the Metropolitan Council, or operated by a public or private entity
receiving financial assistance from the Metropolitan Council; and

(2) authorized by the council to use freeway or expressway shoulders.

new text begin (e) This section does not apply to the operation of buses on dynamic shoulder lanes.
new text end

Sec. 6. new text begin REPORT ON URBAN PARTNERSHIP AGREEMENT.
new text end

new text begin By January 15, 2009, and on January 15 each year through 2014, the commissioner
of transportation, in conjunction with the Metropolitan Council, shall report to the chairs
and ranking minority members of the legislative committees with jurisdiction over
transportation concerning the status of the state's participation in the urban partnership
agreement. The report must:
new text end

new text begin (1) present the elements of congestion reduction strategies to be implemented under
the urban partnership agreement;
new text end

new text begin (2) summarize average daily traffic and congestion levels on affected roadways;
new text end

new text begin (3) summarize transit usage in affected corridors;
new text end

new text begin (4) identify the costs of participation and the sources of funding secured or to be
secured;
new text end

new text begin (5) include information on revenues and expenditures under the urban partnership
agreement;
new text end

new text begin (6) summarize any user fees collected on I-35W high-occupancy vehicle and
dynamic shoulder lanes; and
new text end

new text begin (7) recommend any further legislative action necessary for the successful
implementation and operation of the urban partnership agreement.
new text end

Sec. 7. new text begin EFFECTIVE DATE.
new text end

new text begin Sections 1 to 6 are effective the day following final enactment.
new text end