SF 916

3rd Engrossment - 86th Legislature (2009 - 2010) Posted on 02/09/2010 02:17am

A bill for an act
relating to transportation; requiring certain government purchases of electric
vehicles; regulating electric vehicle infrastructure; establishing incentives for
adoption and use of electric vehicles; amending Minnesota Statutes 2008,
sections 16C.135, by adding a subdivision; 160.93, subdivisions 4, 5, by adding a
subdivision; 169.011, by adding subdivisions; 216B.02, subdivision 4; proposing
coding for new law in Minnesota Statutes, chapters 325F; 471.

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

Section 1.

Minnesota Statutes 2008, section 16C.135, is amended by adding a
subdivision to read:

new text begin Subd. 4. new text end

new text begin Electric vehicle purchases. new text end

new text begin (a) For purposes of this subdivision,
"governing authority" means the commissioner of administration or another state agency,
as to agencies and departments of the state and the Board of Trustees of the Minnesota
State Colleges and Universities, as to Minnesota State Colleges and Universities.
new text end

new text begin (b) A governing authority shall ensure that electric vehicles, as defined in section
169.011, subdivision 26a, constitute at least 25 percent of all purchases made by the
authority on or after July 1, 2012, of passenger automobiles, as defined in section 168.002,
subdivision 24. This paragraph applies to all commissioners of a state agency, and to all
passenger automobiles purchased regardless of use, including but not limited to, purchases
for a central motor pool or on behalf of another agency or unit of government.
new text end

new text begin (c) On or after July 1, 2012, until July 1, 2022, when purchasing a vehicle that is a
pickup truck, as defined in section 169.011, subdivision 31, a governing authority shall, to
the extent possible, purchase vehicles manufactured in Minnesota.
new text end

new text begin (d) In calculating the percentage under paragraph (b), and in meeting the requirement
under paragraph (c), a governing authority may exclude a vehicle purchased if (1) an
electric vehicle is not available at similar cost to a comparable vehicle, or (2) no electric
vehicle is capable of carrying out the purpose for which a vehicle is purchased.
new text end

new text begin (e) In calculating similar cost under this subdivision, a governing authority must
include all expected costs of maintenance and operation of the vehicle, including
anticipated repair and fuel costs, over the expected period of ownership of the vehicle.
new text end

Sec. 2.

Minnesota Statutes 2008, section 160.93, subdivision 4, is amended to read:

Subd. 4.

Prohibition.

No person may operate a single-occupant vehicle in a
designated high-occupancy vehicle lane or dynamic shoulder lane except in compliance
with new text begin this section and new text end 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.

Sec. 3.

Minnesota Statutes 2008, section 160.93, subdivision 5, is amended to read:

Subd. 5.

Dynamic shoulder lanes.

(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 169.011, subdivision 74. The commissioner may prescribe the
conditions under which the lanes may be used.

(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:

(1) a vehicle with more than one occupant;

(2) a single-occupant vehicle if new text begin (i) new text end the fee under subdivision 1 is paid new text begin , or (ii) the
vehicle is an electric vehicle, as defined in section 169.011, subdivision 26a new text end ;

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

(4) an authorized emergency vehicle, as defined in section 169.011, subdivision 3.

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

Sec. 4.

Minnesota Statutes 2008, section 160.93, is amended by adding a subdivision
to read:

new text begin Subd. 6. new text end

new text begin Electric vehicle exemption. new text end

new text begin (a) For purposes of this section, "electric
vehicle" has the meaning given in section 169.011, subdivision 26a.
new text end

new text begin (b) Notwithstanding subdivisions 1 and 5, and notwithstanding occupancy
requirements established for other vehicles, the commissioner may allow operators of
electric vehicles that bear decals, labels, or other identifiers under subdivision 7, regardless
of occupancy, to use any high-occupancy vehicle lane or dynamic shoulder lane on the
trunk highway system without payment of a fee.
new text end

new text begin (c) A person may not operate an electric vehicle on any high-occupancy vehicle lane
or dynamic shoulder lane under paragraph (b) in violation of the requirements of the
commissioner, or without properly displaying a decal, label, or other identifier that has
been issued to that vehicle. Violation of this subdivision is a petty misdemeanor.
new text end

new text begin (d) If the commissioner implements the authority under paragraph (b), the
commissioner may subsequently, on a finding that the use of the lanes by single-occupant
electric vehicles significantly increases congestion, violates federal law, or results in a
loss of federal funds: (1) withdraw one or more lanes from the program temporarily or
permanently; or (2) terminate the program.
new text end

new text begin Subd. 7. new text end

new text begin Distinctive identifiers. new text end

new text begin (a) If the commissioner of transportation
implements the authority granted in subdivision 6, paragraph (b), the commissioner of
public safety shall design, specify placement of, and make available for issuance, for a fee
determined by the department to be sufficient to reimburse the department for the actual
costs incurred under this subdivision, distinctive decals, labels, or other identifiers that
clearly identify electric vehicles. The identifier must have reflected properties, bear a
unique number, and be visible to law enforcement. The unique number must be noted on
the vehicle's registration.
new text end

new text begin (b) If the commissioner of transportation implements the authority granted in
subdivision 6, paragraph (b), the commissioner of public safety shall include a summary
of the provisions of subdivisions 6 and 7 on each motor vehicle renewal notice.
new text end

new text begin (c) The commissioner of transportation may direct the commissioner of public
safety to discontinue the issuance of the distinctive labels, decals, or identifiers upon a
finding that the high-occupancy vehicle lanes and dynamic shoulder lanes are operating at
capacity or upon termination of the program.
new text end

Sec. 5.

Minnesota Statutes 2008, section 169.011, is amended by adding a subdivision
to read:

new text begin Subd. 26a. new text end

new text begin Electric vehicle. new text end

new text begin (a) "Electric vehicle" means a motor vehicle that is able
to be powered by an electric motor drawing current from rechargeable storage batteries,
fuel cells, or other portable sources of electrical current, and meets or exceeds applicable
regulations in Code of Federal Regulations, title 49, part 571, and successor requirements.
new text end

new text begin (b) "Electric vehicle" includes:
new text end

new text begin (1) a neighborhood electric vehicle;
new text end

new text begin (2) a medium-speed electric vehicle; and
new text end

new text begin (3) a plug-in hybrid electric vehicle.
new text end

new text begin EFFECTIVE DATE. new text end

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

Sec. 6.

Minnesota Statutes 2008, section 169.011, is amended by adding a subdivision
to read:

new text begin Subd. 54a. new text end

new text begin Plug-in hybrid electric vehicle. new text end

new text begin "Plug-in hybrid electric vehicle"
means an electric vehicle that (1) contains an internal combustion engine, and also allows
power to be delivered to the drive wheels by a battery-powered electric motor, (2) when
connected to the electrical grid via an electrical outlet, is able to recharge its battery, and
(3) has the ability to travel at least 20 miles powered substantially by electricity.
new text end

new text begin EFFECTIVE DATE. new text end

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

Sec. 7.

Minnesota Statutes 2008, section 216B.02, subdivision 4, is amended to read:

Subd. 4.

Public utility.

"Public utility" means persons, corporations, or other legal
entities, their lessees, trustees, and receivers, now or hereafter operating, maintaining,
or controlling in this state equipment or facilities for furnishing at retail natural,
manufactured, or mixed gas or electric service to or for the public or engaged in the
production and retail sale thereof but does not include (1) a municipality or a cooperative
electric association, organized under the provisions of chapter 308A, producing or
furnishing natural, manufactured, or mixed gas or electric service deleted text begin or deleted text end new text begin ; new text end (2) a retail seller of
compressed natural gas used as a vehicular fuel which purchases the gas from a public
utility new text begin ; or (3) a retail seller of electricity used to recharge a battery that powers an electric
vehicle, as defined in section 169.011, subdivision 26a new text end new text begin , and that is not otherwise a public
utility under this chapter new text end . Except as otherwise provided, the provisions of this chapter
shall not be applicable to any sale of natural, manufactured, or mixed gas or electricity
by a public utility to another public utility for resale. In addition, the provisions of this
chapter shall not apply to a public utility whose total natural gas business consists of
supplying natural, manufactured, or mixed gas to not more than 650 customers within a
city pursuant to a franchise granted by the city, provided a resolution of the city council
requesting exemption from regulation is filed with the commission. The city council
may rescind the resolution requesting exemption at any time, and, upon the filing of the
rescinding resolution with the commission, the provisions of this chapter shall apply to the
public utility. No person shall be deemed to be a public utility if it furnishes its services
only to tenants or cooperative or condominium owners in buildings owned, leased, or
operated by such person. No person shall be deemed to be a public utility if it furnishes
service to occupants of a manufactured home or trailer park owned, leased, or operated by
such person. No person shall be deemed to be a public utility if it produces or furnishes
service to less than 25 persons.

Sec. 8.

new text begin [325F.185] ELECTRIC VEHICLE INFRASTRUCTURE.
new text end

new text begin Any electric vehicle infrastructure installed in this state must:
new text end

new text begin (1) allow for utilization of the electric vehicle infrastructure by any make, model,
or type of electric vehicle capable of being charged via a 40-amp, 240-volt electrical
charging circuit; and
new text end

new text begin (2) be capable of providing bidirectional charging, without significant upgrading,
once electrical utilities achieve the capability to draw electricity from electric vehicles
connected to the utility grid.
new text end

new text begin EFFECTIVE DATE. new text end

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

Sec. 9.

new text begin [471.573] ELECTRIC VEHICLE INFRASTRUCTURE.
new text end

new text begin A home rule charter or statutory city shall, to the extent practicable, expedite
the process of applying for and issuing permits for the installation of electric vehicle
infrastructure.
new text end

new text begin For the purpose of this section, "electric vehicle infrastructure" means structures,
electrical circuitry, and other electrical equipment and ancillary structures and equipment
that enable an electric vehicle to recharge its battery or to exchange a battery pack, but
does not include any infrastructure owned by an electric utility.
new text end

new text begin EFFECTIVE DATE. new text end

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