HF 447

as introduced - 82nd Legislature (2001 - 2002) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to railroads; providing requirement of notice 
  1.3             of the physical design component of an advanced 
  1.4             corridor plan for commuter rail facilities; requiring 
  1.5             local approval of the physical design component; 
  1.6             amending Minnesota Statutes 2000, section 174.86, 
  1.7             subdivisions 1, 2, and 3. 
  1.8   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.9      Section 1.  Minnesota Statutes 2000, section 174.86, 
  1.10  subdivision 1, is amended to read: 
  1.11     Subdivision 1.  [ADVANCED CORRIDOR PLAN; PUBLIC HEARING.] 
  1.12  Before a final design plan is prepared for commuter rail 
  1.13  facilities, the commissioner must hold a public hearing on the 
  1.14  physical design component of the advanced corridor plan.  The 
  1.15  commissioner must provide appropriate public notice of the 
  1.16  hearing and publicity to ensure that affected parties have an 
  1.17  opportunity to present their views at the hearing, including 
  1.18  providing notice of the hearing and details of the physical 
  1.19  design component to each residential household located wholly or 
  1.20  partly within three-quarters of a mile of the rail right-of-way 
  1.21  within the corridor.  The commissioner shall summarize the 
  1.22  proceedings and testimony and maintain the record of a hearing 
  1.23  held under this subdivision, including any written statements 
  1.24  submitted. 
  1.25     Sec. 2.  Minnesota Statutes 2000, section 174.86, 
  1.26  subdivision 2, is amended to read: 
  2.1      Subd. 2.  [PHYSICAL DESIGN COMPONENT; LOCAL PARTICIPATION.] 
  2.2   At least 30 days before the hearing under subdivision 1, the 
  2.3   commissioner shall submit the physical design component of the 
  2.4   advanced corridor plan to the governing body of each statutory 
  2.5   and home rule charter city, county, and town in which the route 
  2.6   is to be located.  Within 45 days after the hearing under 
  2.7   subdivision 1, the city, county, or town shall review and 
  2.8   comment on the plan.  Within 45 days of the hearing, a city or 
  2.9   town shall approve or disapprove the location and design of the 
  2.10  station to that portion of the physical design component that 
  2.11  would be located in the city or town.  Once it is given, 
  2.12  approval by a city or town may not be withdrawn.  A city or town 
  2.13  that disapproves shall describe specific amendments to the plan 
  2.14  that, if adopted, would cause the city or town to withdraw its 
  2.15  disapproval.  Failure to comment in writing within 45 days after 
  2.16  the hearing is deemed to be accepted approval unless an 
  2.17  extension of time is agreed to by the metropolitan planning 
  2.18  organization and the commissioner of transportation. 
  2.19     Sec. 3.  Minnesota Statutes 2000, section 174.86, 
  2.20  subdivision 3, is amended to read: 
  2.21     Subd. 3.  [MODIFICATION OF ADVANCED CORRIDOR PLAN; EFFECT 
  2.22  OF LOCAL DISAPPROVAL.] After the hearing under subdivision 1, 
  2.23  and after the receipt of comment under subdivision 2, the 
  2.24  commissioner may modify the advanced corridor plan.  The 
  2.25  commissioner may not construct commuter rail facilities in the 
  2.26  corridor if the physical design component has been disapproved 
  2.27  under subdivision 2 by any city or town in which it would be 
  2.28  located.