Office of the Revisor of Statutes
SF 1468
Introduction - 94th Legislature (2025 - 2026)
Posted on 02/18/2025 09:30 a.m.
1.8 1.9 1.10 1.11 1.12 1.13 1.14 1.15 1.16 1.17 1.18 1.19 1.20
2.1 2.2 2.3 2.4 2.5 2.6 2.7 2.8 2.9 2.10 2.11 2.12 2.13 2.14 2.15 2.16 2.17 2.18 2.19 2.20 2.21 2.22 2.23 2.24 2.25
2.26 2.27 2.28 2.29 2.30 2.31 2.32 2.33
3.1 3.2 3.3 3.4 3.5 3.6 3.7 3.8 3.9 3.10
3.11 3.12 3.13 3.14 3.15 3.16 3.17 3.18 3.19 3.20 3.21 3.22 3.23 3.24 3.25 3.26 3.27 3.28 3.29 3.30 3.31 3.32 3.33 4.1 4.2 4.3
4.4 4.5 4.6 4.7
4.8 4.9 4.10 4.11 4.12 4.13 4.14 4.15 4.16 4.17 4.18 4.19 4.20 4.21 4.22 4.23 4.24 4.25 4.26
A bill for an act
relating to transportation; requiring local approval for commercial and intercity
rail projects; modifying certain duties of commissioner of transportation; amending
Minnesota Statutes 2024, sections 174.82; 174.84, subdivision 2; 174.86,
subdivisions 1, 2, 3, 4; proposing coding for new law in Minnesota Statutes, chapter
174.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
Section 1.
new text begin
[174.81] LOCAL APPROVAL OF COMMUTER RAIL PROJECTS
REQUIRED.
new text end
new text begin
(a) Before any intercity or commuter rail project may commence planning, development,
or construction, the commissioner must receive approval from each statutory and home rule
charter city, county, or town in which a proposed commuter rail project is to be located.
The local unit of government's approval of the commuter rail project must actively affirm
the project and enable the commissioner to begin development of an advanced corridor plan
under the requirements of section 174.86.
new text end
new text begin
(b) The approval of the commissioner's commuter rail plan by a local unit of government
must either be:
new text end
new text begin
(1) a formal resolution adopted by the governing body of the local government; or
new text end
new text begin
(2) voted on at the next general election and, if approved by a majority of those voting
on the question, becomes effective following the final canvass of the election.
new text end
Sec. 2.
Minnesota Statutes 2024, section 174.82, is amended to read:
174.82 COMMUTER RAIL; COMMISSIONER'S DUTIES; CONTRACTS.
The planning, development, construction, operation, and maintenance of commuter rail
track, facilities, and services are governmental functions, serve a public purpose, and are a
matter of public necessity. new text begin Upon approval of a project that reflects the needs and preferences
of local communities, new text end the commissioner deleted text begin shall bedeleted text end new text begin isnew text end responsible for all aspects of planning,
developing, constructing, operating, and maintaining commuter rail, including system
planning, advanced corridor planning, preliminary engineering, final design, construction,
negotiating with railroads, and developing financial and operating plans. The commissioner
may enter into a memorandum of understanding or agreement with a public or private entity,
including a regional railroad authority, a joint powers board, and a railroad, to carry out
these activities. The commissioner, or public entity contracting with the commissioner, may
contract with a railroad that is a Class I railroad under federal law 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 commuter rail purposes. Notwithstanding section 3.732, subdivision
1, clause (2), or section 466.01, subdivision 6, sections 466.04 and 466.06 govern the liability
of the Class I railroad and its employees arising from the joint or shared use of the railroad
right-of-way or the provision of commuter rail construction, operation, or maintenance
services pursuant to the contract. Notwithstanding any law to the contrary, a contract with
the Class I railroad for any commuter 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, United States Code, title 45, section 51 et seq., or the federal
Railway Labor Act, United States Code, title 45, section 151 et seq.
Sec. 3.
Minnesota Statutes 2024, section 174.84, subdivision 2, is amended to read:
Subd. 2.
Approval of commuter rail system plan.
The commuter rail system plan must
be approved bynew text begin each statutory and home rule charter city, county, and town andnew text end metropolitan
planning organizations in areas in which commuter rail will be located before the
commissioner may begin final design of commuter rail facilities. Following approval of the
plannew text begin under the requirements of section 174.81 for local units of governmentnew text end , the
commissioner deleted text begin shalldeleted text end new text begin mustnew text end act in conformity with the plan. The commissioner deleted text begin shalldeleted text end new text begin mustnew text end
ensure that final design plans are consistent with the commuter rail plan.
Sec. 4.
Minnesota Statutes 2024, section 174.86, subdivision 1, is amended to read:
Subdivision 1.
Advanced corridor plan; public hearing.
new text begin Upon approval of the
commuter rail plan by each statutory and home rule charter city, county, and town in which
the route is to be located as required in section 174.81 and new text end before a final design plan is
prepared for commuter rail facilities, the commissioner must hold a public hearing on the
physical design component of the advanced corridor plan. The commissioner must provide
appropriate public notice of the hearing and publicity to ensure that affected parties have
an opportunity to present their views at the hearing. The commissioner deleted text begin shalldeleted text end new text begin mustnew text end summarize
the proceedings and testimony and maintain the record of a hearing held under this
subdivision, including any written statements submitted.
Sec. 5.
Minnesota Statutes 2024, section 174.86, subdivision 2, is amended to read:
Subd. 2.
Physical design component; local participation.
deleted text begin
At least 30 days before the
hearing under subdivision 1, the commissioner shall submit the physical design component
of the advanced corridor plan to the governing body of each statutory and home rule charter
city, county, and town in which the route is to be located.
deleted text end
new text begin
(a) Upon approval of the commuter
rail location by each statutory and home rule charter city, county, and town in which the
commuter rail project is to be located as provided in section 174.81, the commissioner must
submit the physical design component of the advanced corridor plan to each approving local
unit of government at least 30 days before the hearing under subdivision 1.
new text end
new text begin (b)new text end Within 45 days after the hearing under subdivision 1, the city, county, or town deleted text begin shalldeleted text end new text begin
in which the commuter rail project is located must:
new text end
new text begin (1)new text end review and comment on thenew text begin advanced corridornew text end plandeleted text begin . Within 45 days of the hearing,
a city or town shall approve or disapprove the location and design of the station to be located
in the city or town.deleted text end new text begin and provide either its approval or disapproval; and
new text end
new text begin
(2) approve or disapprove the location and design of the commuter rail station to be
located in the city or town.
new text end
new text begin (c)new text end A city or town that disapproves deleted text begin shalldeleted text end new text begin a plan under paragraph (b) mustnew text end describe specific
amendments to the plan that, if adopted, would cause the city or town to withdraw its
disapproval.
new text begin (d)new text end Failure to comment in writing within 45 days after the hearing is deemed to be
deleted text begin accepteddeleted text end new text begin an approvalnew text end unless an extension of time is agreed to by the deleted text begin metropolitan planning
organization anddeleted text end new text begin local unit of government andnew text end the commissioner deleted text begin of transportationdeleted text end .new text begin The
commissioner may not proceed with modifications to the advanced corridor plan or any
other final design plan component until each statutory and home rule charter city, county,
and town in which the route is to be located submits specific amendments to the plan or its
approval to the commissioner.
new text end
Sec. 6.
Minnesota Statutes 2024, section 174.86, subdivision 3, is amended to read:
Subd. 3.
Modification of advanced corridor plan.
After the hearing under subdivision
1, and after the receipt of deleted text begin commentdeleted text end new text begin specific amendments by a local unit of governmentnew text end
under subdivision 2, the commissioner deleted text begin maydeleted text end new text begin mustnew text end modify the advanced corridor plan.
Sec. 7.
Minnesota Statutes 2024, section 174.86, subdivision 4, is amended to read:
Subd. 4.
Advanced corridor plan; metropolitan planning organization review.
new text begin Upon
approval of the commuter rail plan by each statutory and home rule charter city, county,
and town in which the commuter rail component is to be located as provided in section
174.81 and new text end before constructing commuter rail facilities, the commissioner deleted text begin shalldeleted text end new text begin mustnew text end submit
the advanced corridor plan to each metropolitan planning organization in which the route
is to be located. The metropolitan planning organization deleted text begin shalldeleted text end new text begin mustnew text end hold a hearing on the
plan allowing the commissioner, local governmental units, and other persons to present
their views as to whether the plan is consistent with the metropolitan planning organization's
development guide. Within 60 days after the hearing, the metropolitan planning organization
deleted text begin shalldeleted text end new text begin mustnew text end review the plan submitted by the commissioner to determine whether it is
consistent with the development guide. If the plan is consistent with the development guide,
the metropolitan planning organization deleted text begin shalldeleted text end new text begin mustnew text end approve it. If the plan is not consistent
with the development guide, the metropolitan planning organization deleted text begin shalldeleted text end new text begin mustnew text end submit to
the commissioner proposed amendments to the plan to make it consistent with the
development guide.new text begin The commissioner must not continue development of the advanced
corridor plan or the final design plan until it receives approval or proposed amendments
from the metropolitan planning organization.new text end The commissioner deleted text begin shalldeleted text end new text begin mustnew text end incorporate the
proposed amendments into the final design plan.