SF 3244

2nd Engrossment - 89th Legislature (2015 - 2016) Posted on 04/15/2016 08:42am

A bill for an act
relating to transportation; establishing an advisory working group to observe
and report on development of a passenger rail project between Rochester and
the Twin Cities.

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

Section 1. new text begin ESTABLISHMENT OF HIGH-SPEED RAIL PROJECT ADVISORY
WORKING GROUP.
new text end

new text begin Subdivision 1. new text end

new text begin Definition. new text end

new text begin For the purposes of this section, "project" means the
planning, design, engineering, and construction, including environmental processes, land
acquisition, and federal agency interaction, of a potential privately financed passenger
high-speed rail line between the city of Rochester and a location in the Minneapolis-St.
Paul metropolitan area.
new text end

new text begin Subd. 2. new text end

new text begin Purpose. new text end

new text begin The high-speed rail project advisory working group is
established to examine issues related to the potential development of the project to ensure
affected landowners, area residents, and other stakeholders have the opportunity to engage
in public discussion related to various aspects of high-speed rail generally and specific
elements of the potential project, and so that:
new text end

new text begin (1) adequate public engagement opportunities are offered at a range of locations
along the project corridor and through various means of communication; and
new text end

new text begin (2) considerations related to taxpayer protections, landowner rights, potential
development processes, and associated contracts and agreements adequately manage risks
to the state and the public, including but not limited to risks associated with the project's
finances, right-of-way acquisition, environmental processes, and construction impacts.
new text end

new text begin Subd. 3. new text end

new text begin Advisory working group membership. new text end

new text begin (a) The high-speed rail project
advisory working group consists of 29 members, all of whom are voting members as
follows:
new text end

new text begin (1) two senators, including one senator appointed by the senate majority leader and
one senator appointed by the senate minority leader;
new text end

new text begin (2) two members of the house of representatives, one from the majority party and
one from the minority party, appointed by the speaker of the house;
new text end

new text begin (3) the commissioner of transportation or the commissioner's designee;
new text end

new text begin (4) the commissioner of public safety or the commissioner's designee;
new text end

new text begin (5) two members who reside in the county of Dakota appointed by the Dakota
County Board, one of whom is employed in county government and one of whom is a
public member;
new text end

new text begin (6) two members who reside in the county of Goodhue appointed by the Goodhue
County Board, one of whom is employed in county government and one of whom is a
public member;
new text end

new text begin (7) two members who reside in the county of Hennepin appointed by the Hennepin
County Board, one of whom is employed in county government and one of whom is a
public member;
new text end

new text begin (8) two members who reside in the county of Olmsted appointed by the Olmsted
County Board, one of whom is employed in county government and one of whom is a
public member;
new text end

new text begin (9) one person who resides in each of the cities of Bloomington, Cannon Falls,
Coates, Hampton, Inver Grove Heights, Mendota Heights, Oronoco, Pine Island,
Rochester, Rosemount, and Zumbrota, appointed by the mayor of each city;
new text end

new text begin (10) one person who is an expert on rail transportation appointed by the governor;
new text end

new text begin (11) one person who represents an exclusive representative under Minnesota
Statutes, chapter 179 or 179A, appointed by the governor;
new text end

new text begin (12) one person who is appointed by the high-speed rail developer who provides
funding to the working group or who seeks a permit to develop high-speed rail along the
high-speed rail line; and
new text end

new text begin (13) one member who represents the University of Minnesota appointed by the
executive director of the Center for Transportation Studies.
new text end

new text begin (b) Members serve until the working group expires or until replaced as provided in
paragraph (c).
new text end

new text begin (c) The removal of members and the filling of vacancies shall be as provided in
Minnesota Statutes, section 15.059, subdivision 4.
new text end

new text begin (d) The advisory working group must elect from among its members a chair, and
may elect a cochair and any other officers the advisory working group determines are
necessary or convenient.
new text end

new text begin Subd. 4. new text end

new text begin Notices. new text end

new text begin (a) The commissioner of transportation must notify the executive
director of the University of Minnesota Center for Transportation Studies that a request
to extend an existing permit or an application for a new permit for use of right-of-way
to construct a project has been received. The commissioner must provide this notice
within 15 days of receiving the request.
new text end

new text begin (b) Within 15 days of receiving notice from the commissioner of transportation, the
executive director of the Center for Transportation Studies must notify all appointing
authorities of a deadline to make initial appointments. The notice from the executive
director must set a deadline for initial appointments that is between 45 and 60 days from
the date the executive director receives notice from the commissioner of transportation.
new text end

new text begin Subd. 5. new text end

new text begin First appointments; first meeting. new text end

new text begin Appointing authorities must make
initial appointments by the deadline set by the executive director of the Center for
Transportation Studies. The executive director of the University of Minnesota Center for
Transportation Studies must convene the first meeting of the advisory working group
within 30 days after the deadline for appointments.
new text end

new text begin Subd. 6. new text end

new text begin Duties. new text end

new text begin The advisory working group must examine and report to the chairs
and ranking minority members of the committees in the house of representatives and the
senate with jurisdiction over transportation annually by February 1 concerning its activities
and developments regarding the potential project, its findings, and recommendations.
Items the advisory working group must report on include public engagement processes,
land acquisition activities, and relevant contracts and agreements and the adequacy of each
to protect the public from risks associated with the project.
new text end

new text begin Subd. 7. new text end

new text begin Authorization. new text end

new text begin The advisory working group may solicit gifts, grants, or
donations of any kind from any private source to carry out the purposes of this section,
except that the advisory working group may not solicit or accept gifts, grants, or donations
from an unnamed source or from an attorney on behalf of an unnamed source. The
commissioner of transportation must publish a list of all gifts, grants, or donations
received by the working group, including the identity of the source and the amount of
each contribution. All gifts, grants, or donations received by the advisory working group
must be deposited in a high-speed rail project account, which is established in the special
revenue fund. Money in the account is appropriated to the commissioner of transportation
for a grant to the University of Minnesota Center for Transportation Studies to support
the activities of the advisory working group. When the advisory working group expires
under subdivision 13, the commissioner of management and budget must transfer any
money remaining in the account to the private and public sources that provided the gift,
grant, or donation.
new text end

new text begin Subd. 8. new text end

new text begin Compensation. new text end

new text begin The executive director of the University of Minnesota
Center for Transportation Studies may compensate public members of the advisory
working group and may reimburse members of the working group for expenses incurred in
participating in the working group. Compensation and reimbursements must be made from
the grant funds received by the Center for Transportation Studies under subdivision 7.
new text end

new text begin Subd. 9. new text end

new text begin Administrative support. new text end

new text begin The University of Minnesota Center for
Transportation Studies must provide meeting space, administrative support, and staff
support for the advisory working group. The working group shall strive to meet at
locations along the corridor that facilitate public engagement and participation.
new text end

new text begin Subd. 10. new text end

new text begin Open Meeting Law. new text end

new text begin Meetings of the advisory working group are
subject to Minnesota Statutes, chapter 13D. The executive director for the Center for
Transportation Studies shall post meeting minutes and related meeting materials on a
publicly accessible Web site that permits public engagement and comment.
new text end

new text begin Subd. 11. new text end

new text begin Funding. new text end

new text begin The costs of the advisory working group must be paid entirely
by nonstate sources that are deposited in the high-speed rail project account in the special
revenue fund.
new text end

new text begin Subd. 12. new text end

new text begin Sunset. new text end

new text begin This section expires June 30, 2020, or when the project
commences revenue operation or is abandoned, whichever occurs first.
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