1.1                          A bill for an act 
  1.2             relating to transportation; imposing an additional tax 
  1.3             on gasoline and special fuel; creating a highway 
  1.4             mobility account in the trunk highway fund for trunk 
  1.5             highway improvement projects and bus transit 
  1.6             improvement projects on trunk highways; repealing 
  1.7             restrictions on use of trunk highway funds for bus 
  1.8             service; amending Minnesota Statutes 2000, sections 
  1.9             160.02, subdivision 7; 296A.08, subdivisions 4, 6; 
  1.10            Laws 2001, First Special Session chapter 8, article 1, 
  1.11            section 2, subdivision 7; proposing coding for new law 
  1.12            in Minnesota Statutes, chapters 161; 296A. 
  1.13  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.14     Section 1.  Minnesota Statutes 2000, section 160.02, 
  1.15  subdivision 7, is amended to read: 
  1.16     Subd. 7.  [ROAD OR HIGHWAY.] "Road" or "highway" means a 
  1.17  right-of-way principally used for travel and for the 
  1.18  transportation of persons and property and includes, unless 
  1.19  otherwise specified, the several kinds of highways as defined in 
  1.20  this section, including roads designated as minimum-maintenance 
  1.21  roads, and also cartways, together with all bridges or other 
  1.22  structures thereon which form a part of the same.  
  1.23     Sec. 2.  [161.087] [HIGHWAY MOBILITY ACCOUNT.] 
  1.24     Subdivision 1.  [ACCOUNT CREATED.] A highway mobility 
  1.25  account is created in the trunk highway fund.  The account 
  1.26  consists of money credited to it under section 296A.081, 
  1.27  subdivision 4. 
  1.28     Subd. 2.  [TRUNK HIGHWAY PROJECTS.] Seventy-five percent of 
  1.29  the money in the account is appropriated to the commissioner for 
  2.1   constructing, reconstructing, and improving trunk highways. 
  2.2      Subd. 3.  [APPROPRIATION; BUS TRANSIT PROJECTS.] (a) 
  2.3   Twenty-five percent of the money in the account is appropriated 
  2.4   to the commissioner for projects to increase bus transit 
  2.5   ridership on trunk highway corridors, including paying for bus 
  2.6   operating costs, acquiring vehicles, acquiring park-and-ride 
  2.7   facilities, and acquiring and developing transit hubs. 
  2.8      (b) The commissioner shall initiate a bus transit 
  2.9   improvement project on a trunk highway corridor using money 
  2.10  under this subdivision only if the commissioner reasonably 
  2.11  determines that the project will increase bus transit ridership 
  2.12  in that corridor by an average of at least five percent per year 
  2.13  over two years ridership in that corridor compared to the year 
  2.14  immediately before the year of commencement of the project.  
  2.15  When a project has been initiated with funding under this 
  2.16  subdivision, the commissioner may continue to spend money under 
  2.17  this subdivision for that project in subsequent fiscal years 
  2.18  after commencement only if the commissioner determines that the 
  2.19  project has increased bus transit ridership in that corridor by 
  2.20  an average of at least five percent per year over the past two 
  2.21  years compared to the year immediately before the year of 
  2.22  commencement. 
  2.23     (c) For purposes of paragraph (b), a bus transit project 
  2.24  includes all categories of activity described in paragraph (a) 
  2.25  undertaken on a trunk highway corridor.  
  2.26     Sec. 3.  Minnesota Statutes 2000, section 296A.08, 
  2.27  subdivision 4, is amended to read: 
  2.28     Subd. 4.  [TAX IMPOSED ON USE.] If it is determined by the 
  2.29  commissioner from an examination of any records pertaining to 
  2.30  the operation of any licensed motor vehicle which uses special 
  2.31  fuel, that the special fuel tax on the special fuel used in this 
  2.32  state has not been paid to this state, or to any other state if 
  2.33  purchased in such other state, there is hereby imposed an excise 
  2.34  tax at the same rate per gallon as the gasoline tax, including 
  2.35  the additional tax under section 296A.081, subdivision 1, on all 
  2.36  such special fuel.  All assessments of tax made under this 
  3.1   subdivision shall be paid by the user to the commissioner upon 
  3.2   demand.  For purposes of this subdivision, "special fuel" means 
  3.3   any fuel other than gasoline used in a licensed motor vehicle in 
  3.4   this state. 
  3.5      Sec. 4.  Minnesota Statutes 2000, section 296A.08, 
  3.6   subdivision 6, is amended to read: 
  3.7      Subd. 6.  [LIABILITY FOR FAILURE TO KEEP ADEQUATE RECORDS.] 
  3.8   If adequate records are not kept, or if the sales are not 
  3.9   adequately accounted for, then all sales of combustible gases 
  3.10  and liquid petroleum products, except gasoline, are deemed to be 
  3.11  sales of special fuel.  In such cases, there is imposed an 
  3.12  excise tax of the same rate per gallon as the gasoline excise 
  3.13  tax, including the additional tax under section 296A.081, 
  3.14  subdivision 1, on all such products, and the vendor is liable 
  3.15  for the tax. 
  3.16     Sec. 5.  [296A.081] [ADDITIONAL TAX ON GASOLINE AND SPECIAL 
  3.17  FUEL.] 
  3.18     Subdivision 1.  [GASOLINE TAX IMPOSED.] An additional tax 
  3.19  is imposed on gasoline used in producing power for propelling 
  3.20  motor vehicles used on public highways, to be collected in the 
  3.21  same manner as the tax imposed under section 296A.07, 
  3.22  subdivision 1.  The exemption in section 296A.07, subdivision 4, 
  3.23  applies to the tax.  The tax is imposed at the following rates: 
  3.24     (1) on E85, 3.55 cents per gallon; 
  3.25     (2) on M85, 2.85 cents per gallon; 
  3.26     (3) on all other gasoline, five cents per gallon. 
  3.27     Subd. 2.  [SPECIAL FUEL TAX IMPOSED.] An additional tax is 
  3.28  imposed on special fuel used in producing power for propelling 
  3.29  motor vehicles used on public highways, to be collected in the 
  3.30  same manner as the tax imposed under section 296A.08, 
  3.31  subdivision 1.  The exemption in section 296A.08, subdivision 3, 
  3.32  applies to the tax.  The tax is imposed at the following rates: 
  3.33     (1) on liquefied petroleum gas, 3.75 cents per gallon; 
  3.34     (2) on liquefied natural gas, three cents per gallon; 
  3.35     (3) on compressed natural gas, 0.435 per thousand cubic 
  3.36  feet, or five cents per gasoline equivalent; 
  4.1      (4) on all other special fuel, the same rate as the 
  4.2   gasoline tax under subdivision 1, clause (3). 
  4.3      Subd. 3.  [DURATION.] The taxes imposed under subdivisions 
  4.4   1 and 2 are effective June 1, 2002.  The tax under subdivision 1 
  4.5   applies to all gasoline in distributor storage on that date.  
  4.6   The taxes imposed under subdivisions 1 and 2 expire on May 31, 
  4.7   2005. 
  4.8      Subd. 4.  [DEPOSIT OF REVENUE.] Revenue from the taxes 
  4.9   imposed under subdivisions 1 and 2 must be credited in the same 
  4.10  manner as the taxes imposed under sections 296A.07 and 296A.08.  
  4.11  Money credited to the trunk highway fund from the taxes imposed 
  4.12  under subdivisions 1 and 2 must be credited to the highway 
  4.13  mobility account established in section 161.087. 
  4.14     Sec. 6.  Laws 2001, First Special Session chapter 8, 
  4.15  article 1, section 2, subdivision 7, is amended to read:  
  4.16  Subd. 7.  State Roads                975,975,000    988,878,000
  4.17                Summary by Fund
  4.18  General                  9,000          9,000
  4.19  Trunk Highway      975,966,000    988,869,000
  4.20  The amounts that may be spent from this 
  4.21  appropriation for each activity are as 
  4.22  follows:  
  4.23  (a) State Road Construction 
  4.24     564,707,000    564,707,000
  4.25  It is estimated that these 
  4.26  appropriations will be funded as 
  4.27  follows:  
  4.28  Federal Highway Aid 
  4.29     275,000,000    300,000,000
  4.30  Highway User Taxes 
  4.31     289,707,000    264,707,000
  4.32  The commissioner of transportation 
  4.33  shall notify the chair of the 
  4.34  transportation budget division of the 
  4.35  senate and chair of the transportation 
  4.36  finance committee of the house of 
  4.37  representatives quarterly of any events 
  4.38  that should cause these estimates to 
  4.39  change. 
  4.40  This appropriation is for the actual 
  4.41  construction, reconstruction, and 
  4.42  improvement of trunk highways.  This 
  4.43  includes the cost of actual payment to 
  5.1   landowners for lands acquired for 
  5.2   highway rights-of-way, payment to 
  5.3   lessees, interest subsidies, and 
  5.4   relocation expenses. 
  5.5   The commissioner may transfer up to 
  5.6   $15,000,000 each year to the 
  5.7   transportation revolving loan fund. 
  5.8   The commissioner may receive money 
  5.9   covering other shares of the cost of 
  5.10  partnership projects.  These receipts 
  5.11  are appropriated to the commissioner 
  5.12  for these projects. 
  5.13  $1,000,000 the first year and 
  5.14  $1,000,000 the second year are for 
  5.15  trunk highway advantages to bus transit 
  5.16  in conjunction with highway 
  5.17  construction or reconstruction projects 
  5.18  in the commissioner's statewide 
  5.19  transportation improvement program.  
  5.20  For purposes of this appropriation, 
  5.21  "advantages to transit" includes 
  5.22  shoulder bus lanes, bus park-and-ride 
  5.23  facilities, and bus passenger waiting 
  5.24  facilities, but does not include (1) 
  5.25  any facility relating to light rail 
  5.26  transit or commuter rail or (2) bus 
  5.27  facilities or operating costs in a 
  5.28  light rail transit or commuter rail 
  5.29  corridor. 
  5.30  $5,000,000 the first year and 
  5.31  $5,000,000 the second year are for 
  5.32  acquisition of right-of-way for trunk 
  5.33  highway construction and reconstruction 
  5.34  projects in advance of final design 
  5.35  work for those projects. 
  5.36  The commissioner may not spend any 
  5.37  money from the trunk highway fund to 
  5.38  pay the operating costs of bus service 
  5.39  intended solely or primarily to 
  5.40  mitigate the effects of trunk highway 
  5.41  construction projects. 
  5.42  Until July 1, 2002, the commissioner 
  5.43  may not cancel, or remove from the 
  5.44  commissioner's statewide transportation 
  5.45  improvement program, the trunk highway 
  5.46  project that would construct a new 
  5.47  bridge across the St. Croix river at or 
  5.48  near the terminus of marked trunk 
  5.49  highway No. 36. 
  5.50  (b) Highway Debt Service 
  5.51      19,235,000     24,228,000
  5.52  $9,235,000 the first year and 
  5.53  $14,228,000 the second year are for 
  5.54  transfer to the state bond fund. 
  5.55  If this appropriation is insufficient 
  5.56  to make all transfers required in the 
  5.57  year for which it is made, the 
  5.58  commissioner of finance shall notify 
  5.59  the committee on state government 
  5.60  finance of the senate and the committee 
  5.61  on ways and means of the house of 
  6.1   representatives of the amount of the 
  6.2   deficiency and shall then transfer that 
  6.3   amount under the statutory open 
  6.4   appropriation.  
  6.5   Any excess appropriation must be 
  6.6   canceled to the trunk highway fund. 
  6.7   (c) Research and Investment Management 
  6.8       12,187,000     12,211,000
  6.9   $600,000 the first year and $600,000 
  6.10  the second year are available for 
  6.11  grants for transportation studies 
  6.12  outside the metropolitan area to 
  6.13  identify critical concerns, problems, 
  6.14  and issues.  These grants are available 
  6.15  to (1) regional development 
  6.16  commissions, and (2) in regions where 
  6.17  no regional development commission is 
  6.18  functioning, joint powers boards 
  6.19  established under agreement of two or 
  6.20  more political subdivisions in the 
  6.21  region to exercise the planning 
  6.22  functions of a regional development 
  6.23  commission, and (3) in regions where no 
  6.24  regional development commission or 
  6.25  joint powers board is functioning, the 
  6.26  department's district office for that 
  6.27  region. 
  6.28  $266,000 the first year and $266,000 
  6.29  the second year are available for 
  6.30  grants to metropolitan planning 
  6.31  organizations outside the seven-county 
  6.32  metropolitan area, including the 
  6.33  Mankato area. 
  6.34  $200,000 the first year is for an 
  6.35  update of the statewide transportation 
  6.36  plan.  This is a onetime appropriation 
  6.37  and may not be added to the agency's 
  6.38  budget base. 
  6.39  $75,000 the first year and $75,000 the 
  6.40  second year are for a transportation 
  6.41  research contingent account to finance 
  6.42  research projects that are reimbursable 
  6.43  from the federal government or from 
  6.44  other sources.  If the appropriation 
  6.45  for either year is insufficient, the 
  6.46  appropriation for the other year is 
  6.47  available for it. 
  6.48  $100,000 in the first year is for a 
  6.49  study of the feasibility and 
  6.50  desirability of allowing all vehicles 
  6.51  to use lanes on marked interstate 
  6.52  highways No. 394 and No. 35W presently 
  6.53  restricted to high-occupancy vehicles 
  6.54  only.  The commissioner shall determine 
  6.55  a time during which such use shall be 
  6.56  allowed, and take all necessary steps 
  6.57  to permit such use for the period of 
  6.58  the study.  The commissioner shall 
  6.59  contract with an independent consultant 
  6.60  to study the effects of opening the 
  6.61  lanes to all vehicles on traffic flow, 
  6.62  traffic congestion, transit and 
  6.63  high-occupancy vehicle use, and highway 
  7.1   safety on interstate highways No. 394 
  7.2   and No. 35W and other affected 
  7.3   highways.  The commissioner shall 
  7.4   report to the legislature on the 
  7.5   results of the study by February 1, 
  7.6   2002.  The commissioner shall take no 
  7.7   actions with respect to this study that 
  7.8   would result in a loss of federal funds 
  7.9   to the state or significant delay to a 
  7.10  state or local transportation project 
  7.11  financed partly with federal funds. 
  7.12  (d) Central Engineering Services
  7.13      65,031,000     66,338,000
  7.14  (e) Design and Construction Engineering
  7.15      89,335,000     91,046,000
  7.16  $500,000 the first year is for 
  7.17  planning, environmental studies, and 
  7.18  preliminary engineering for major river 
  7.19  crossings, other than rail, on the 
  7.20  trunk highway system.  
  7.21  (f) State Road Operations
  7.22     219,863,000    224,602,000
  7.23  $2,750,000 the first year and 
  7.24  $2,750,000 the second year are for 
  7.25  facilities' maintenance. 
  7.26  $2,000,000 the first year and 
  7.27  $2,000,000 the second year are for 
  7.28  improved highway striping. 
  7.29  $3,000,000 the first year and 
  7.30  $3,000,000 the second year are for road 
  7.31  equipment and fabrication of auxiliary 
  7.32  equipment for snowplow trucks. 
  7.33  $875,000 the first year and $875,000 
  7.34  the second year are to support highway 
  7.35  signal and lighting maintenance 
  7.36  activities. 
  7.37  The commissioner shall spend all money 
  7.38  available to the department of 
  7.39  transportation under Public Law Number 
  7.40  105-206, section 164 (repeat offender 
  7.41  transfer program), for hazard 
  7.42  elimination activities under United 
  7.43  States Code, title 23, section 152, and 
  7.44  shall not transfer any part of these 
  7.45  funds to any other agency. 
  7.46  (g) Electronic Communications
  7.47       5,617,000      5,746,000
  7.48                Summary by Fund
  7.49  General                   9,000         9,000
  7.50  Trunk Highway         5,608,000     5,737,000
  7.51  $9,000 the first year and $9,000 the 
  7.52  second year are from the general fund 
  7.53  for equipment and operation of the 
  8.1   Roosevelt signal tower for Lake of the 
  8.2   Woods weather broadcasting. 
  8.3      Sec. 7.  [EFFECTIVE DATE.] 
  8.4      Sections 1 to 6 are effective June 1, 2002.