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HF 899

1st Engrossment - 89th Legislature (2015 - 2016) Posted on 03/26/2015 06:14pm

KEY: stricken = removed, old language.
underscored = added, new language.

Bill Text Versions

Engrossments
Introduction Posted on 02/16/2015
1st Engrossment Posted on 03/12/2015

Current Version - 1st Engrossment

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A bill for an act
relating to transportation; governing transitway development and finance;
establishing certain legislative authorization requirements; specifying permissible
uses and prioritizing uses of revenue from a metropolitan transportation area
sales tax; amending Minnesota Statutes 2014, sections 174.636, by adding a
subdivision; 174.92; 174.93, subdivision 1; 297A.992, subdivisions 1, 6, 6a;
398A.04, by adding a subdivision; 473.399, by adding a subdivision; 473.4051,
subdivision 2; proposing coding for new law in Minnesota Statutes, chapter 174;
repealing Minnesota Statutes 2014, section 297A.992, subdivision 12.

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

Section 1.

Minnesota Statutes 2014, section 174.636, is amended by adding a
subdivision to read:


new text begin Subd. 5. new text end

new text begin Legislative authorization. new text end

new text begin The powers conferred to the commissioner
under sections 174.60 to 174.636 are subject to the requirements under section 174.94.
new text end

Sec. 2.

Minnesota Statutes 2014, section 174.92, is amended to read:


174.92 deleted text begin EXERCISE OF POWER;deleted text end COMMUTER RAILnew text begin ; EXERCISE OF
POWER
new text end .

new text begin Subdivision 1. new text end

new text begin Powers. new text end

The commissioner of transportation may exercise the
powers granted in this chapter, as necessary, to plan, design, acquire, construct, and equip
commuter rail facilities.

new text begin Subd. 2. new text end

new text begin Legislative authorization. new text end

new text begin The powers conferred to the commissioner
under sections 174.80 to 174.92 are subject to the requirements under section 174.94.
new text end

Sec. 3.

Minnesota Statutes 2014, section 174.93, subdivision 1, is amended to read:


Subdivision 1.

Definitions.

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

(1) "commissioner" means the commissioner of transportation;

(2) "guideway" means a form of transportation service provided to the public on a
regular and ongoing basis, that operates on exclusive or controlled rights-of-way or rails
in whole or in part, and includesnew text begin (i)new text end each line for intercity passenger rail, commuter rail,
light rail transit, streetcars, deleted text begin anddeleted text end new text begin highwaynew text end bus rapid transitnew text begin , and express bus service operated
primarily within a dedicated right-of-way; and (ii) any multimodal station serving two or
more lines identified in item (i)
new text end ; and

(3) "local unit of government" means a county, statutory or home rule charter city,
town, or other political subdivision including, but not limited to, a regional railroad
authority or joint powers board.

(b) For purposes of this section, "sources of funds" includes, but is not limited to,
money from federal aid, state appropriations, the Metropolitan Council, special taxing
districts, local units of government, fare box recovery, and nonpublic sources.

(c) For purposes of this section, "budget activity" includes, but is not limited
to, environmental analysis, land acquisition, easements, design, preliminary and
final engineering, acquisition of vehicles and rolling stock, track improvement and
rehabilitation, and construction.

new text begin (d) For purposes of this section, guideway excludes arterial bus rapid transit,
limited-stop bus service, and express bus service that is not operated primarily within a
dedicated right-of-way.
new text end

Sec. 4.

new text begin [174.94] GUIDEWAY DEVELOPMENT AUTHORIZATION.
new text end

new text begin (a) For purposes of this section, guideway has the meaning given the section 174.93,
subdivision 1.
new text end

new text begin (b) The commissioner and any political subdivision, including but not limited to
the Metropolitan Council, a regional railroad authority, a county, and a statutory or home
rule charter city, may not complete an alternatives analysis or select a locally preferred
alternative for a guideway project unless (1) a law is enacted that specifically identifies
and authorizes the project, or (2) state funds are appropriated specifically for the project.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment, and
applies for any project not approved by the Federal Transit Administration for preliminary
engineering or a subsequent project phase as of the effective date of this section.
new text end

Sec. 5.

Minnesota Statutes 2014, section 297A.992, subdivision 1, is amended to read:


Subdivision 1.

Definitions.

For purposes of this section, the following terms have
the meanings given them:

(1) "metropolitan transportation area" means the counties participating in the joint
powers agreement under subdivision 3;

(2) "eligible county" means the county of Anoka, Carver, Dakota, Hennepin,
Ramsey, Scott, or Washington;

(3) "committee" means the Grant Evaluation and Ranking System (GEARS)
Committee;

(4) "minimum guarantee county" means any metropolitan county or eligible county
that is participating in the joint powers agreement under subdivision 3, whose proportion
of the annual sales tax revenue under this section collected within that county is less
than or equal to three percent; deleted text begin and
deleted text end

(5) "population" means the population, as defined in section 477A.011, subdivision
3
, estimated or established by July 15 of the year prior to the calendar year in which
the representatives will serve on the Grant Evaluation and Ranking System Committee
established under subdivision 5new text begin ; and
new text end

new text begin (6) "transitway" means a guideway, as defined in section 174.93, subdivision 1, but
excluding intercity passenger rail
new text end .

Sec. 6.

Minnesota Statutes 2014, section 297A.992, subdivision 6, is amended to read:


Subd. 6.

deleted text begin Allocation ofdeleted text end Grant awardsnew text begin ; use and allocation requirementsnew text end .

(a) The
board must allocate grant awards only for the following transit purposes:

new text begin (1) assistance for transitways, which may consist of:
new text end

(i) capital improvements to transitways, including, but not limited to, commuter rail
rolling stock, light rail vehicles, and transitway buses;

(ii) capital costs for park-and-ride facilities, as defined in section 174.256,
subdivision 2;

(iii) feasibility studies, planning, alternatives analyses, environmental studies,
engineering, property acquisition for transitway purposes, and construction of transitways;
and

(iv) operating assistance for transitwaysnew text begin ; or
new text end

new text begin (2) capital and operating assistance for transit systems, including but not limited to
bus operations and arterial bus rapid transit
new text end .

(b) The joint powers board must annually award grants to each minimum guarantee
county in an amount no less than the amount of sales tax revenue collected within that
county.

(c) No more than 1.25 percent of the total awards may be annually allocated for
planning, studies, design, construction, maintenance, and operation of pedestrian programs
and bicycle programs and pathways.

Sec. 7.

Minnesota Statutes 2014, section 297A.992, subdivision 6a, is amended to read:


Subd. 6a.

Priority of fund uses.

new text begin (a) new text end The joint powers board shall allocate all
revenues from the taxes imposed under this section in conformance with the following
priority order:

(1) payment of debt service necessary for the fiscal year on bonds or other
obligations issued prior to January 1, 2011, under subdivision 7; deleted text begin and
deleted text end

(2) new text begin 100 percent of the net operating and capital maintenance costs for the fiscal year
for all transitways in which a grant award for capital or operating costs has previously
been provided under this section; and
new text end

new text begin (3) new text end as otherwise authorized under this section.

new text begin (b) The joint powers board must not award any grants to begin or continue work on
transit capital projects for which construction has not begun as of the effective date of this
section, unless the requirements under paragraph (a), clauses (1) and (2), are met.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment
and applies for grant awards made for calendar year 2016 and thereafter.
new text end

Sec. 8.

Minnesota Statutes 2014, section 398A.04, is amended by adding a subdivision
to read:


new text begin Subd. 2b. new text end

new text begin Legislative authorization. new text end

new text begin The powers conferred to a regional rail
authority under this chapter are subject to the requirements under section 174.94.
new text end

Sec. 9.

Minnesota Statutes 2014, section 473.399, is amended by adding a subdivision
to read:


new text begin Subd. 6. new text end

new text begin Legislative authorization. new text end

new text begin The powers conferred to a responsible
authority, as defined in section 473.3993, subdivision 4, under sections 473.399 to
473.3999 are subject to the requirements under section 174.94.
new text end

Sec. 10.

Minnesota Statutes 2014, section 473.4051, subdivision 2, is amended to read:


Subd. 2.

Operating costs.

After operating revenue and federal money have been
used deleted text begin to pay for light rail transit operations, 50deleted text end new text begin , 100new text end percent of the remaining operatingnew text begin and
ongoing maintenance
new text end costsnew text begin for light rail transitnew text end must be paid deleted text begin by the statedeleted text end new text begin from nonstate
sources
new text end .new text begin For purposes of this subdivision, state sources include but are not limited to
general fund appropriations and revenue from the motor vehicle sales tax.
new text end

Sec. 11. new text begin REPEALER.
new text end

new text begin Minnesota Statutes 2014, section 297A.992, subdivision 12, new text end new text begin is repealed.
new text end

Sec. 12. new text begin EFFECTIVE DATE; APPLICATION.
new text end

new text begin Except as otherwise provided, sections 1 to 11 are effective the day following
final enactment. That portion of section 4 that relates to the Metropolitan Council, and
sections 9 and 10 apply in the counties of Anoka, Carver, Dakota, Hennepin, Ramsey,
Scott, and Washington.
new text end