Advisory board establishment to study impacts of commercial autonomous vehicle operations implementation

A bill for an act

relating to transportation; establishing advisory board to study impacts of

commercial autonomous vehicle operations implementation; establishing minimum

requirements for operation of commercial autonomous vehicles; requiring permit

process for commercial autonomous vehicle operations; proposing coding for new

law in Minnesota Statutes, chapter 169.

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

Section 1.

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[169.251] COMMERCIAL AUTONOMOUS VEHICLE OPERATIONS.

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Subdivision 1.

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Definitions.

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(a) For purposes of this section, the following terms have

the meanings given.

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(b) "Autonomous vehicle" means a vehicle equipped with technology that has been

integrated into the vehicle that meets the definition of Level 3, Level 4, or Level 5 in the

April 2021 revision of standard J3016, "Taxonomy and Definitions for Terms Related to

Driving Automation Systems for On-Road Motor Vehicles," published by SAE International.

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(c) "Commercial autonomous vehicle operations" means the use of autonomous vehicles

for commercial purposes, including but not limited to transporting passengers or goods.

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(d) "Advisory board" means the Commercial Autonomous Vehicle Operations Labor

and Small Business Impact Advisory Board established under subdivision 4.

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(e) "Human safety operator" means a natural person who is properly licensed to operate

the vehicle and is seated in the driver seat of the vehicle.

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(f) "Transportation network company" has the meaning given in section 65B.472,

subdivision 1.

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Subd. 2.

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Operation limitations.

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Commercial autonomous vehicle operations are

prohibited in Minnesota until the study set forth in subdivision 5 is completed and the

commercial autonomous vehicle operations permit process has been established by the

commissioner pursuant to subdivision 3. No entity may begin commercial autonomous

vehicle operations without a permit issued by the commissioner.

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Subd. 3.

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Permit process.

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The commissioner must develop a commercial autonomous

vehicle operations permit process based on the study and recommendations provided pursuant

to subdivision 5. The permit process must include, at a minimum, an individual evaluation

of every permit applicant conducted by the advisory board under subdivision 6.

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Subd. 4.

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Advisory board; members.

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(a) The Commercial Autonomous Vehicle

Operations Labor and Small Business Impact Advisory Board is established to evaluate

commercial autonomous vehicle operations permit applications and provide recommendations

to the commissioner. The advisory board is composed of the following members:

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(1) the commissioner or a designee;

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(2) the commissioner of public safety or a designee;

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(3) the commissioner of commerce or a designee;

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(4) the attorney general or a designee;

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(5) one member of the house of representatives appointed by the speaker of the house;

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(6) one member of the senate appointed by the senate majority leader;

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(7) one representative from the driver workforce in the private sector appointed by the

governor;

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(8) one representative from the driver workforce in the public sector appointed by the

governor;

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(9) one rideshare driver appointed by the governor;

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(10) one representative from the disability rights community appointed by the governor;

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(11) one representative from a municipal government appointed by the governor;

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(12) one representative from a consumer rights advocacy group appointed by the

governor; and

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(13) one representative from an autonomous vehicle company appointed by the governor.

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(b) The commissioners or their designees appointed under paragraph (a), clauses (1) to

(3), must serve as cochairs of the advisory board.

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(c) The Department of Transportation must provide administrative, staffing, and technical

support to the advisory board.

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Subd. 5.

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Commercial autonomous vehicle operations study.

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(a) The advisory board

must enlist an independent research institution with expertise in rideshare labor economics

to conduct a comprehensive review of commercial autonomous vehicle operations and

evaluate its potential deployment in Minnesota. The review must include but is not limited

to:

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(1) an independent economic impact study to determine the short- and long-term effects

of commercial autonomous vehicle operations on rideshare drivers and commercial drivers

and workforce displacement projections;

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(2) economic impacts on transportation network company drivers;

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(3) reemployment pathways for displaced rideshare drivers and commercial drivers;

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(4) economic displacement impacts on businesses that serve rideshare drivers and

commercial drivers;

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(5) financial impacts on Minnesota, including those due to reduction in tax revenues;

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(6) accessibility offerings and supports for people with disabilities;

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(7) legal liability in the event of a collision;

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(8) algorithmic management, including requiring public notification for any changes to

the algorithm that could impact how autonomous vehicles interact with other vehicles or

pedestrians;

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(9) financial and infrastructure impacts on cities and the state;

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(10) development of a certification process not overseen by the autonomous vehicle

industry;

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(11) potential for interference with first responders;

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(12) an evaluation of autonomous vehicles' ability to navigate city streets; and

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(13) an assessment of congestion impacts of commercial autonomous vehicle operations.

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(b) The advisory board must hold public hearings subject to the Open Meeting Law

under chapter 13D to obtain testimony from rideshare drivers, commercial drivers, and

members of the public. The advisory board must accept public comment for no fewer than

30 days after the release of any preliminary findings.

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(c) By February 1, 2027, the advisory board must publish a final report on the Department

of Transportation's website. The report must include recommendations to the commissioner

on whether commercial autonomous vehicle operations should be allowed to operate in

Minnesota and potential requirements for a permit process to authorize commercial

autonomous vehicle operations.

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(d) This subdivision expires February 1, 2027, or upon publication of the report required

under paragraph (c), whichever is later.

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Subd. 6.

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Permit applicant studies.

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(a) The advisory board must evaluate every applicant

for a commercial autonomous vehicle operations permit before a permit may be issued. For

each region in which the applicant seeks to operate, the advisory board must evaluate:

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(1) economic impacts on transportation network company drivers;

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(2) reemployment pathways for displaced rideshare drivers and commercial drivers;

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(3) economic displacement impacts on businesses that serve rideshare drivers and

commercial drivers;

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(4) financial impacts, including those due to reduction in tax revenues;

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(5) accessibility offerings and supports for people with disabilities;

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(6) legal liability in the event of a collision;

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(7) algorithmic management, including requiring public notification for any changes to

the algorithm that could impact how autonomous vehicles interact with other vehicles or

pedestrians;

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(8) financial and infrastructure impacts;

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(9) potential for interference with first responders;

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(10) autonomous vehicles' ability to navigate; and

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(11) congestion impacts.

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(b) Based on the results of the evaluation under paragraph (a), the advisory board must

provide a nonbinding recommendation to the commissioner whether or not to approve the

application.

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Subd. 7.

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Human safety operator.

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A commercial autonomous vehicle operations permit

issued by the commissioner must include the following requirements:

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(1) an autonomous vehicle must not transport passengers or goods unless a human safety

operator is physically present in the vehicle and has the ability at all times to monitor the

performance of the vehicle and intervene if necessary, including but not limited to taking

over immediate manual control of the vehicle or shutting off the vehicle; and

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(2) autonomous vehicles and human safety operators must meet all applicable local,

state, and federal requirements.

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Subd. 8.

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Severability.

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If any provision of this section or the application thereof to any

person or circumstance is held invalid for any reason in a court of competent jurisdiction,

the invalidity does not affect other provisions or any other application of this section that

can be given effect without the invalid provision or application.

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EFFECTIVE DATE.

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This section is effective the day following final enactment.

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