Missouri HB 2207: Allows the department of transportation to authorize, operate, and approve construction designs for transportation sensor systems

Bill Text

SECOND REGULAR SESSION
HOUSE BILL NO. 2207
99TH GENERAL ASSEMBLY
INTRODUCED BY REPRESENTATIVE BERRY.
6047H.01I D. ADAM CRUMBLISS, Chief Clerk
AN ACT
To amend chapter 304, RSMo, by adding thereto one new section relating to transportation
sensors.
Be it enacted by the General Assembly of the state of Missouri, as follows:
Section A. Chapter 304, RSMo, is amended by adding thereto one new section, to be
2 known as section 304.231, to read as follows:
304.231. 1. As used in this section, the following terms shall mean:
2 (1) "Transportation sensor system", one or more sensors installed in, on, or
3 adjacent to a roadway which individually or in conjunction with one another provide data
4 on vehicle characteristics including, but not limited to, weight. Such term shall include, but
5 not be limited to, weigh-in-motion systems;
6 (2) "Transportation sensor system service", a service provided by utilizing a
7 transportation sensor system or the data produced thereby including, but not limited to,
8 weigh-in-motion weigh station bypass services.
9 2. The department of transportation may authorize, operate, and approve
10 construction designs for transportation sensor systems, but shall avoid unnecessary
11 construction on the roadway and allow transportation sensor system service providers to
12 determine the site locations and schedule system deployments according to demand and
13 traffic volume. The department may, through a memorandum of understanding with the
14 Missouri state highway patrol, allow the Missouri state highway patrol to provide
15 transportation sensor system services.
16 3. In order to avoid installation of duplicative sensor systems and inconvenience to
17 the traveling public, while still allowing the public to benefit from new transportation
EXPLANATION — Matter enclosed in bold-faced brackets [thus] in the above bill is not enacted and is intended
to be omitted from the law. Matter in bold-face type in the above bill is proposed language.

HB 2207 2
18 technologies, the department of transportation shall minimize the number of any type of
19 sensor placed in a road by private or public entities, and shall develop an equitable cost-
20 sharing model among entities desiring data from existing sensors.
21 4. If an existing network of transportation sensors installed in public roads and the
22 data provided by them can be utilized by a transportation sensor system service provider
23 without cost to the state or disruption of other services, the sensors and data shall be made
24 available to other entities and the costs shared with the original cost-bearing entity in
25 accordance with the model developed under subsection 3 of this section.
26 5. The department of transportation shall avoid unnecessary duplication of
27 roadside infrastructure and associated construction work adjacent to roads by allowing
28 transportation sensor system service providers to utilize existing roadside structures and
29 power connections controlled by the department for the installation of system components,
30 provided that the service provider ensures no costs or liability are incurred by the state.
31 6. Transportation sensor system service providers shall provide unrestricted real-
32 time data access to their transportation sensor systems and associated equipment to the
33 state. Such real-time data shall be considered open records under the provisions of chapter
34 610, and shall be provided in real time if requested under the provisions of such chapter.
35 Whenever possible, the data shall be provided to the requesting entity in the same manner
36 and form it is provided by the sensors. If release of the data may present a danger or
37 create a liability to public safety, the department of transportation may seek a court order
38 to restrict access to the sensor data.
39 7. The department of transportation may purchase existing sensors from public or
40 private entities for an amount not greater than the equipment purchase price plus
41 installation costs minus any depreciation. The depreciation schedule shall be calculated
42 on the same depreciation schedule allowed by the Internal Revenue Service. In the case
43 of transfer of ownership to the department of transportation, the transferring entity shall
44 retain access to the data, free of charge, for as long as it is utilizing the data to provide
45 services within the state.
46 8. In the event a transportation sensor system service provider provides data to the
47 state at no cost, a state agency may grant additional permissions to the service provider's
48 subscribers or clients at reduced or no cost, including but not limited to commercial vehicle
49 bypass services and associated weigh station pull-in rates.
50 9. Application to establish a transportation sensor system or provide transportation
51 sensor system services shall be made to the department of transportation in the form of a
52 request for a memorandum of understanding, signed by the enti