1.1 	A bill for an act
1.2 	relating to metropolitan government; limiting use of eminent domain; authorizing 
1.3 	Metropolitan Council best value contracts and procurement for transit vehicles;
1.4 	amending Minnesota Statutes 2008, section 473.129, subdivision 7, by adding a 
1.5 	subdivision.
1.6 	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

1.7 	Section 1. Minnesota Statutes 2008, section 473.129, subdivision 7, is amended to read:
1.8 		Subd. 7.Property. The council may acquire, own, hold, use, improve, operate, 
1.9 	maintain, lease, exchange, transfer, sell, or otherwise dispose of personal or real property, 
1.10 	franchises, easements, or property rights or interests of any kind. The council may not use 
1.11 	eminent domain to acquire easements, property rights, or real property.

1.12 	Sec. 2. Minnesota Statutes 2008, section 473.129, is amended by adding a subdivision 
1.13 	to read:
1.14 		Subd. 12.Best value procurement alternative. (a) Notwithstanding the provisions 
1.15 	of section 471.345, the council may award a contract for the purchase of transit vehicles 
1.16 	to the vendor or contractor offering the best value under a request for proposals. For the 
1.17 	purposes of this subdivision, "transit vehicles" means buses and coaches, commuter rail 
1.18 	locomotives and coach cars, light rail vehicles, and paratransit vehicles that are used to 
1.19 	provide transit and special transportation service pursuant to sections 473.371 to 473.449.
1.20 	(b) For the purposes of this subdivision, "best value" describes a result intended in 
1.21 	the acquisition of goods and services described in paragraph (a). Price must be one of 
1.22 	the evaluation criteria when acquiring such goods and services. Other evaluation criteria 
1.23 	may include, but are not limited to, environmental considerations, quality, and vendor or 
1.24 	contractor performance. A best value determination must be based on the evaluation 
2.1 	criteria detailed in the solicitation document. If criteria other than price are used, the 
2.2 	solicitation document must state the relative importance of price and other factors.

2.3 	EFFECTIVE DATE. This section is effective the day following final enactment, 
2.4 	and applies retroactively from September 1, 2009, to eligible procurement in which the 
2.5 	Metropolitan Council has issued a request for proposals that complies with this section 
2.6 	and the deadline for a vendor or contractor to submit a best and final offer is after the 
2.7 	day following final enactment.

2.8 	Sec. 3. APPLICATION.
 2.9 	Section 2 applies in the counties of Anoka, Carver, Dakota, Hennepin, Ramsey, 
2.10 	Scott, and Washington.