HF 1289

as introduced - 88th Legislature (2013 - 2014) Posted on 03/05/2013 11:26am

A bill for an act
relating to transportation; railroads; clarifying the commissioner's passenger rail
duties; providing contract authority; amending Minnesota Statutes 2012, sections
174.632; 174.636.

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

Section 1.

Minnesota Statutes 2012, section 174.632, is amended to read:

174.632 PASSENGER RAIL; COMMISSIONER'S DUTIES.

new text begin Subdivision 1. new text end

new text begin Definition. new text end

new text begin "Passenger rail" means intercity rail passenger
transportation as defined in United States Code, title 49, section 24102 (4).
new text end

new text begin Subd. 2. new text end

new text begin Responsibilities. new text end

(a) The planning, design, development, construction,
operation, and maintenance of passenger rail track, facilities, and services are
governmental functions, serve a public purpose, and are a matter of public necessity.

(b) The commissioner is responsible for all aspects of planning, designing,
developing, constructing, equipping, operating, and maintaining passenger rail, including
system planning, alternatives analysis, environmental studies, preliminary engineering,
final design, construction, negotiating with railroads, and developing financial and
operating plans.

(c) The commissioner may enter into a memorandum of understanding or agreement
with a public or private entity, including new text begin Amtrak, new text end a regional railroad authority, a joint
powers board, and a railroad, to carry out these activities.

Sec. 2.

Minnesota Statutes 2012, section 174.636, is amended to read:

174.636 PASSENGER RAIL; EXERCISE OF POWER.

new text begin Subdivision 1. new text end

new text begin Powers. new text end

deleted text begin (a) deleted text end The commissioner has all powers necessary to carry out
the duties specified in section 174.632. In the exercise of those powers, the commissioner
may:

(1) acquire by purchase, gift, or by eminent domain proceedings as provided by law,
all land and property necessary to preserve future passenger rail corridors or to construct,
maintain, and improve passenger rail corridors;

(2) let all necessary contracts as provided by law; and

(3) make agreements with and cooperate with any deleted text begin governmental authority deleted text end new text begin public new text end or
private entity new text begin , including Amtrak, new text end to carry out statutory duties related to passenger rail.

new text begin Subd. 2. new text end

new text begin Consultation. new text end

deleted text begin (b) deleted text end The commissioner shall consult with metropolitan
planning organizations and regional rail authorities in areas where passenger rail corridors
are under consideration to ensure that passenger rail services are integrated with existing
rail and transit services and other transportation facilities to provide as nearly as possible
connected, efficient, and integrated services.

new text begin Subd. 3. new text end

new text begin Authority to contract; liability. new text end

new text begin The commissioner, or a public entity
contracting with the commissioner, may contract with a railroad as defined in Code of
Federal Regulations, title 49, section 200.3(i), for the joint or shared use of the railroad's
right-of-way or the construction, operation, or maintenance of rail track, facilities, or
services for passenger rail purposes. Notwithstanding section 3.732, subdivision 1, clause
(2), or 466.01, subdivision 6, sections 466.04 and 466.06 govern the liability of a Class I
railroad and its employees arising from the joint or shared use of the railroad right-of-way
or the provision of passenger rail construction, operation, or maintenance services pursuant
to the contract. Notwithstanding any law to the contrary, a contract with a Class I railroad
for any passenger rail service, or joint or shared use of the railroad's right-of-way, may also
provide for the allocation of financial responsibility, indemnification, and the procurement
of insurance for the parties for all types of claims or damages. A contract entered into
under this section does not affect rights of employees under the Federal Employers
Liability Act or the Federal Railway Labor Act, or under any rule or ruling of the United
States Railroad Retirement Board or Occupational Safety and Health Administration.
new text end

new text begin Subd. 4. new text end

new text begin Public hearings. new text end

new text begin The commissioner shall hold public hearings as required
by federal requirements.
new text end