HF 920

1st Engrossment - 89th Legislature (2015 - 2016) Posted on 04/20/2015 11:51am

A bill for an act
relating to transportation; mass transit; restricting expenditures and other powers
related to certain rail projects; proposing coding for new law in Minnesota
Statutes, chapters 16A; 16B; 117; 459; 473.

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

Section 1.

new text begin [16A.1246] NO SPENDING FOR CERTAIN RAIL PROJECTS.
new text end

new text begin (a) Except as provided in paragraph (b), no appropriation or other state money,
whether in the general or another fund, must be expended or used for any costs related
to studying the feasibility of, planning for, designing, engineering, acquiring property
or constructing facilities for or related to, or development or operation of intercity or
interregional passenger rail facilities or operations between the city of Rochester or
locations in its metropolitan area and any location in the metropolitan area, as defined in
section 473.121, subdivision 2.
new text end

new text begin (b) The restrictions under this section do not apply to funds obtained from
contributions, grants, or other voluntary payments made by nongovernmental entities
from private sources.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment,
except it does not apply to funds appropriated under Laws 2009, chapter 93, article 1,
section 11, subdivision 5.
new text end

Sec. 2.

new text begin [16B.2965] PROPERTY LEASED FOR RAIL PROJECTS.
new text end

new text begin If a state official leases, loans, or otherwise makes available state lands, air rights, or
any other state property for use in connection with passenger rail facilities, as described
in section 16A.1246, the lease or other agreement must include or be secured by a
security bond or equivalent guarantee that allows the state to recover any costs it incurs
in connection with the rail project from a responsible third party or secure source of
capital, if the passenger rail facilities are not constructed, are abandoned, or do not go into
operation. These costs include restoring state property to its original condition.
new text end

new text begin (b) For purposes of this section, "state official" includes the commissioner, the
commissioner of transportation, or any other state official with authority to enter a lease or
other agreement providing for use by a nonstate entity of state property.
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. 3.

new text begin [117.028] CONDEMNATION FOR CERTAIN RAIL FACILITIES
PROHIBITED.
new text end

new text begin Notwithstanding section 222.27, or any other law to the contrary, no condemning
authority may take property for the development or construction of or for facilities related
to intercity or interregional passenger rail facilities or operations between the city of
Rochester or locations in its metropolitan area and any location in the metropolitan area,
as defined in section 473.121, subdivision 2.
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. 4.

new text begin [459.36] NO SPENDING OF PUBLIC MONEY FOR CERTAIN RAIL
PROJECTS.
new text end

new text begin (a) Except as provided in paragraph (b), no city, county, or destination medical
center entity may spend or use any money, for any costs related to studying the feasibility
of, planning for, designing, engineering, acquiring property or constructing facilities for or
related to, or development or operation of intercity or interregional passenger rail facilities
or operations between the city of Rochester or locations in its metropolitan area and
any location in the metropolitan area, as defined in section 473.121, subdivision 2. The
provisions of this section apply to the statutory and home rule charter cities and counties
located in development regions 10 and 11, as designated under section 462.385, subdivision
1. Destination medical center entity includes the Destination Medical Center Corporation
and agency as those terms are defined in section 469.40, and any successor or related entity.
new text end

new text begin (b) The restrictions under this section do not apply to funds the city or county
obtains from contributions, grants, or other voluntary payments made by nongovernmental
entities from private sources.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment
without local approval under Minnesota Statutes, section 645.023, subdivision 1, clause (c).
new text end

Sec. 5.

new text begin [473.1467] NO SPENDING FOR CERTAIN RAIL PROJECTS.
new text end

new text begin (a) Except as provided in paragraph (b), the council must not spend or use any money
for any costs related to studying the feasibility of, planning for, designing, engineering,
acquiring property or constructing facilities for or related to, or development or operation
of intercity or interregional passenger rail facilities or operations between the city of
Rochester or locations in its metropolitan area and any location in the metropolitan area.
new text end

new text begin (b) The restrictions under this section do not apply to funds the council obtains from
contributions, grants, or other voluntary payments made by nongovernmental entities
from private sources.
new text end

new text begin EFFECTIVE DATE; APPLICATION. new text end

new text begin This section is effective the day following
final enactment and applies in the counties of Anoka, Carver, Dakota, Hennepin, Ramsey,
and Washington.
new text end