1.1 	A bill for an act
1.2 	relating to renewable fuels; providing that vehicles
1.3 	regularly fueled with E85 fuels qualify for access to
1.4 	high-occupancy vehicle lanes; amending Minnesota
1.5 	Statutes 2004, section 160.93, by adding a
1.6 	subdivision; proposing coding for new law in Minnesota
1.7 	Statutes, chapter 160.
1.8 	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

1.9 	Section 1. [160.835] RENEWABLE FUELS; E85 USE
1.10 	ENCOURAGED.
1.11 		Subdivision 1.E85 use in certain vehicles; voluntary
1.12 	certification. (a) The commissioner of transportation, in
1.13 	consultation with the commissioners of agriculture and public
1.14 	safety, shall establish a voluntary certification procedure
1.15 	ensuring that a vehicle designated by its manufacture as a
1.16 	flex-fuel vehicle will be operated by the vehicle owner or
1.17 	operator on E85 fuel, as defined in section 296A.01, subdivision
1.18 	19, whenever E85 is reasonably available for purchase by the
1.19 	owner or driver.  The commissioner of public safety must issue
1.20 	an E85 identification sticker to the owner of the vehicle for
1.21 	attachment in a specified location on the vehicle windshield.
1.22 	The commissioner of public safety must renew the sticker
1.23 	annually on the same schedule that registration of the vehicle
1.24 	is renewed.
1.25 	(b) The commissioner of transportation may audit recipients
1.26 	of E85 stickers to determine compliance with the fuel use
2.1 	requirements of paragraph (a).
2.2 		Subd. 2.Flex-fuel vehicles operated on e85. The
2.3 	commissioner of transportation must allow an operator of a
2.4 	flex-fuel vehicle certified by the commissioner of agriculture
2.5 	to be operated primarily with E85 to use any designated
2.6 	high-occupancy vehicle lane on the trunk highway system,
2.7 	regardless of occupancy requirements established for other types
2.8 	of vehicles.

2.9 	Sec. 2. Minnesota Statutes 2004, section 160.93, is
2.10 	amended by adding a subdivision to read:
2.11 		Subd. 1a.Fee waiver for flex-fuel vehicles operated on
2.12 	e85. Unless otherwise prohibited by federal law or regulation,
2.13 	the commissioner must allow an owner or operator of a
2.14 	single-occupant, flex-fuel vehicle fueled with E85 as defined in
2.15 	section 296A.01, subdivision 19, to operate the vehicle on any
2.16 	designated high-occupancy vehicle lane on the trunk highway
2.17 	system without imposing a user fee.  If otherwise prohibited,
2.18 	the commissioner must seek a waiver of any fee requirement.