HF 3469

as introduced - 92nd Legislature (2021 - 2022) Posted on 02/15/2022 10:57am

A bill for an act
relating to transportation; establishing performance requirements and conditional
termination of the Northstar Commuter Rail line.

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

Section 1. new text begin NORTHSTAR COMMUTER RAIL; PERFORMANCE AND
TERMINATION.
new text end

new text begin Subdivision 1. new text end

new text begin Definitions. new text end

new text begin (a) For purposes of this section, the following terms have
the meanings given.
new text end

new text begin (b) "Commissioner" means the commissioner of transportation.
new text end

new text begin (c) "Council" means the Metropolitan Council.
new text end

new text begin (d) "Northstar" means the Northstar Commuter Rail line that is operated by the council
to provide rail passenger service between downtown Minneapolis and Big Lake, and includes
any subsequent rail project or service that operates wholly or primarily in the same corridor.
new text end

new text begin Subd. 2. new text end

new text begin Performance requirements. new text end

new text begin Northstar is subject to termination as provided
under this section if:
new text end

new text begin (1) total ridership is less than 450,000 in any six-month period, beginning with the period
that starts on June 1, 2022;
new text end

new text begin (2) total annual ridership is less than 900,000, as measured for each period that starts on
June 1 and ends on May 31 in the following year, beginning with the period that starts on
June 1, 2022; or
new text end

new text begin (3) the farebox recovery ratio is less than 40 percent in any calendar year, beginning
with calendar year 2023.
new text end

new text begin Subd. 3. new text end

new text begin Federal waiver. new text end

new text begin If any of the performance requirements specified in subdivision
2 are not met, the council must immediately seek a federal waiver or similar release of all
obligations for payment to the United States Department of Transportation related to the
termination of Northstar.
new text end

new text begin Subd. 4. new text end

new text begin Contingent termination. new text end

new text begin If any of the performance requirements specified in
subdivision 2 are not met:
new text end

new text begin (1) the council must decommission and permanently terminate all services related to
Northstar, including stopping all passenger service, closing all stations, and ending law
enforcement services provided by the Metropolitan Transit Police along the route;
new text end

new text begin (2) the commissioner and the council must terminate all memorandums of understanding,
joint powers agreements, contracts, or any other agreement entered into with any public or
private entity pursuant to Minnesota Statutes, sections 174.82 and 473.4057, for the planning,
development, construction, operation, or maintenance of Northstar to the fullest extent
permissible without a breach under the agreements;
new text end

new text begin (3) pursuant to Minnesota Statutes, section 473.4057, subdivision 5, the commissioner
must immediately terminate any lease, license, assignment, right of access, or other agreement
provided to the council to develop, operate, and maintain Northstar;
new text end

new text begin (4) the council must convey ownership in any real or personal property related to
Northstar that was previously owned and conveyed by the commissioner or Department of
Transportation under Minnesota Statutes, section 473.4057, subdivision 5, back to the
commissioner; and
new text end

new text begin (5) the council and the commissioner must sell or otherwise dispose of all assets related
to Northstar, including but not limited to equipment, supplies, materials, rolling stock,
facilities, improvements, personal property, and real property, which must be conducted
pursuant to Minnesota Statutes, section 16B.2975.
new text end

new text begin Subd. 5. new text end

new text begin Deposit of funds. new text end

new text begin The commissioner and the council must deposit any revenue
received under subdivision 4 in the general fund.
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 in the counties of Anoka, Carver, Dakota, Hennepin, Ramsey, Scott, and Washington.
new text end