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HF 1480

1st Engrossment - 90th Legislature (2017 - 2018) Posted on 02/27/2018 11:51am

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

Current Version - 1st Engrossment

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A bill for an act
relating to transit; amending certain transit finance and project reporting
requirements; requiring a fare increase; prohibiting certain agreements for light
rail transit line construction; making technical changes; amending Minnesota
Statutes 2016, sections 174.93; 473.13, subdivision 1b.

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

Section 1.

Minnesota Statutes 2016, section 174.93, is amended to read:


174.93 deleted text begin GUIDEWAYdeleted text end new text begin METROPOLITAN AREA TRANSITnew text end INVESTMENT.

Subdivision 1.

Definitions.

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

(1)new text begin "busway" means a form of transportation service, consisting of arterial or highway
bus rapid transit, limited stop bus service, and express bus service, provided to the public
on a regular and ongoing basis that does not primarily or substantially operate within
separated rights-of-way;
new text end

new text begin (2)new text end "commissioner" means the commissioner of transportation;

deleted text begin (2)deleted text end new text begin (3)new text end "guideway" means a form of transportation service provided to the public on a
regular and ongoing basisdeleted text begin ,deleted text end thatnew text begin primarily or substantiallynew text end operates deleted text begin on exclusive ordeleted text end new text begin withinnew text end
deleted text begin controlleddeleted text end new text begin separatednew text end rights-of-way ornew text begin operates onnew text end rails deleted text begin in whole or in partdeleted text end , and includesnew text begin :
new text end

new text begin (i)new text end each line for intercity passenger rail, commuter rail, light rail transit,new text begin andnew text end streetcarsdeleted text begin ,
and
deleted text end new text begin ;
new text end

new text begin (ii) as applicable, each line for dedicated bus service, which may include arterial or
highway
new text end bus rapid transitnew text begin , limited stop bus service, and express bus service; and
new text end

new text begin (iii) any intermodal facility serving two or more lines identified in items (i) and (ii)new text end ; and

deleted text begin (3)deleted text end new text begin (4)new text end "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) Guideway does not include a busway.
new text end

new text begin (e) "Separated rights-of-way" includes exclusive, dedicated, or primary use of a
right-of-way by the public transportation service. Separated rights-of-way does not include
a shoulder, dynamic shoulder lane, or priced lane under section 160.93.
new text end

Subd. 1a.

new text begin Guideway new text end capital project requests to legislature.

A state agency or local
unit of government that submits a request to the legislature to obtain state funds for a
guideway project shall, as part of the request, provide a summary financial plan for the
project that presents the following information as reflected by the data and level of detail
available in the latest phase of project development:

(1) capital expenditures and funding sources for the project, including expenditures to
date and total projected or estimated expenditures, with a breakdown by committed and
proposed sources of funds; and

(2) estimated annual operations and maintenance expenditures for the project, with a
breakdown by committed and proposed sources of funds.

Subd. 2.

Legislative report.

(a)new text begin Annuallynew text end by January 15, deleted text begin 2012, and by November 15 in
every odd-numbered year thereafter,
deleted text end the deleted text begin commissioner shalldeleted text end new text begin council mustnew text end prepare, in
collaboration with the deleted text begin Metropolitan Councildeleted text end new text begin commissionernew text end , deleted text begin anddeleted text end new text begin a report on comprehensive
transit finance in the metropolitan area. The council must
new text end submit deleted text begin adeleted text end new text begin thenew text end report electronically
to the chairs and ranking minority members of the legislative committees with jurisdiction
over transportation policy and finance deleted text begin concerningdeleted text end new text begin .
new text end

new text begin (b) The report must be structured to provide financial information in six-month increments
corresponding to state and local fiscal years, and must use consistent assumptions and
methodologies. The report must comprehensively identify all funding sources and
expenditures related to transit in the metropolitan area, including but not limited to:
new text end

new text begin (1) sources and uses of funds from regional railroad authorities, joint powers agreements,
counties, and cities;
new text end

new text begin (2) expenditures for transit planning, feasibility studies, alternatives analysis, and other
transit project development; and
new text end

new text begin (3) expenditures for guideways, busways, regular route bus service, demand-response
service, and special transportation service under section 473.386.
new text end

new text begin (c) The report must include a section that identifiesnew text end the status of new text begin guideways in revenue
operation and
new text end guideway projects (1) currently in study, planning, development, or
construction; (2) identified in the transportation policy plan under section 473.146; or (3)
identified in the comprehensive statewide freight and passenger rail plan under section
174.03, subdivision 1b.

deleted text begin (b)deleted text end new text begin (d)new text end At a minimum, thenew text begin guideways status section of thenew text end report must deleted text begin include,deleted text end new text begin providenew text end
for each guideway projectnew text begin wholly or partially in the metropolitan areanew text end :

(1) a brief description of the project, including projected ridership;

(2) a summary of the overall status and current phase of the project;

(3) a timeline that includes (i) project phases or milestonesnew text begin , including any federal
approvals
new text end ; (ii) expected and known dates of commencement of each phase or milestone;
and (iii) expected and known dates of completion of each phase or milestone;

(4) a brief progress update on specific project phases or milestones completed since the
last previous submission of a report under this subdivision; and

(5) a summary financial plan that identifies, as reflected by the data and level of detail
available in the latest phase of project development and to the extent available:

(i) capital expenditures, including expenditures to date and total projected expenditures,
with a breakdown by committed and proposed sources of funds for the project;

(ii) estimated annual operations and maintenance expenditures reflecting the level of
detail available in the current phase of the project development, with a breakdown by
committed and proposed sources of funds for the project; and

(iii) if feasible, project expenditures by budget activity.

new text begin (e) The report must include a section that summarizes the status of busways in revenue
operation and busway projects currently in study, planning, development, or construction.
new text end

new text begin (f) The report must include a section that identifies the total ridership, farebox recovery
ratio, and per-passenger operating subsidy for (1) each route and line in revenue operation
by a transit provider, including guideways, busways, and regular route bus service; and (2)
demand-response service and special transportation service. The section must provide data
on a per-passenger mile basis and must provide information for at least the previous three
years. The section must identify performance standards for farebox recovery and identify
each route and line that does not meet the standards.
new text end

deleted text begin (c)deleted text end new text begin (g)new text end The report must also include a systemwide capacity analysis fornew text begin transit operations
and
new text end investment in deleted text begin guidewaydeleted text end expansion and maintenance that:

(1) provides a funding projection, annually over the ensuing ten years, and with a
breakdown by committed and proposed sources of funds, of:

(i) total capital expenditures for guidewaysnew text begin and for buswaysnew text end ;

(ii) total operations and maintenance expenditures for guidewaysnew text begin and for buswaysnew text end ;

(iii) total funding available for guidewaysnew text begin and for buswaysnew text end , including from projected or
estimated farebox recovery; and

(iv) total funding available for transit service in the metropolitan area; and

(2) evaluates the availability of funds and distribution of sources of funds for guidewaynew text begin
and busway
new text end investments.

deleted text begin (d)deleted text end new text begin (h)new text end The deleted text begin projectiondeleted text end new text begin capacity analysisnew text end under paragraph deleted text begin (c), clause (1),deleted text end new text begin (g)new text end must deleted text begin be fordeleted text end
new text begin include new text end all guidewaynew text begin and buswaynew text end lines for which deleted text begin statedeleted text end new text begin publicnew text end funds are reasonably expected
to be expended in planning, development, construction, deleted text begin ordeleted text end revenue operationnew text begin , or capital
maintenance
new text end during the ensuing ten years.

deleted text begin (e)deleted text end new text begin (i)new text end Local units of government deleted text begin shalldeleted text end new text begin mustnew text end provide assistance and information in a
timely manner as requested by the commissioner or council for completion of the report.

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,
Scott, and Washington.
new text end

Sec. 2.

Minnesota Statutes 2016, section 473.13, subdivision 1b, is amended to read:


Subd. 1b.

deleted text begin Lightdeleted text end Rail transit operating costs.

new text begin (a) new text end If the council submits to the legislature
or governor a budget that includes proposed operating assistance for one or more light rail
transit lines operated by the council, the budget must show the proposed operating assistance
for each light rail transit line separately from all other transit operating assistance in that
budget.

new text begin (b) The council is prohibited from adopting a budget in which the combined operating
expenditures for light rail transit and commuter rail are identified as more than 25 percent
of the total transportation operating expenditures, excluding passthrough grants.
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,
Scott, and Washington.
new text end

Sec. 3. new text begin REGULAR ROUTE FARES.
new text end

new text begin (a) On or before January 1, 2018, the Metropolitan Council must impose a fare increase
for regular route transit service, and may impose fare increases for other transit service as
appropriate and subject to Minnesota Statutes, section 473.408.
new text end

new text begin (b) Prior to determining the amount of fare increase, the council must implement a
process that, at a minimum, includes:
new text end

new text begin (1) analysis of fares and farebox recovery in peer regions;
new text end

new text begin (2) estimation of the impacts to (i) ridership, (ii) farebox revenue, and (iii) farebox
recovery ratios across all transit routes and lines in revenue operation;
new text end

new text begin (3) review and comment by the transportation advisory board under Minnesota Statutes,
section 473.146, subdivision 4; and
new text end

new text begin (4) input from transit stakeholders, including but not limited to transit riders, replacement
service providers under Minnesota Statutes, section 473.388, and the Transportation
Accessibility Advisory Committee under Minnesota Statutes, section 473.375, subdivision
9a.
new text end

new text begin (c) By the earlier of November 30, 2017, or two weeks following approval of a fare
increase, the council must submit a notification to the chairs and ranking minority members
of the legislative committees with jurisdiction over transportation policy and finance. The
notification must (1) summarize the process implemented in paragraph (b), (2) identify the
revised fare schedule, and (3) provide the information developed in paragraph (b), clauses
(1) and (2).
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,
Scott, and Washington.
new text end

Sec. 4. new text begin LIGHT RAIL TRANSIT; FEDERAL AGREEMENTS.
new text end

new text begin Unless specifically authorized by law, the Metropolitan Council is prohibited from
entering into a full funding grant agreement with the Federal Transit Administration for the
proposed Southwest light rail transit line or for the proposed Bottineau light rail transit line.
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,
Scott, and Washington.
new text end

Sec. 5. new text begin REVISOR'S INSTRUCTION.
new text end

new text begin The revisor of statutes shall recodify Minnesota Statutes, section 174.93, as Minnesota
Statutes, section 473.4485. The revisor shall correct any cross-references made necessary
by this recodification.
new text end