Minnesota Legislature
HF 310
as introduced - 89th Legislature (2015 - 2016) Posted on 01/22/2015 02:25pm
Current Version - as introduced
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A bill for an act
relating to metropolitan government; requiring city, county, and town approval
prior to constructing light rail transit facilities; amending Minnesota Statutes
2014, section 473.3994, subdivisions 3, 4, 5, 7.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
Section 1.
Minnesota Statutes 2014, section 473.3994, subdivision 3, is amended to read:
Subd. 3.
Preliminary design plans; local approval.
At least 30 days before the
hearing under subdivision 2, the responsible authority shall submit the physical design
component of the preliminary design plans to the governing body of each statutory and
home rule charter city, county, and town in which the route is proposed to be located. The
city, county, or town shall hold a public hearing. Within 45 days after the hearing under
subdivision 2, the city, county, or town shall review and approve or disapprove the plans
for the route to be located in the city, county, or town. A local unit of government that
disapproves the plans shall deleted text begin describedeleted text end new text begin submit to the council a resolution passed by the
governing body of the local unit of government that includes eithernew text end specific amendments
to the plans that, if adopted, would cause the local unit to withdraw its disapprovalnew text begin or a
statement that no amendment would cause the local unit of government to withdraw its
disapproval. A disapproving local unit of government may approve the plans at any time
by submitting to the council a resolution passed by its governing body that states the local
governing unit withdraws its disapprovalnew text end . Failure to approve or disapprove the plans in
writing within 45 days after the hearing is deemed to be approval, unless an extension of
time is agreed to by the city, county, or town and the responsible authority.
Sec. 2.
Minnesota Statutes 2014, section 473.3994, subdivision 4, is amended to read:
Subd. 4.
Preliminary design plans; council hearing.
If the governing body of one
or more cities, counties, or towns disapproves the preliminary design plans within the
period allowed under subdivision 3, the council shall hold a hearing on the plans, giving
the commissioner of transportation, if the responsible authority, any disapproving local
governmental units, and other persons an opportunity to present their views on the plans.
The council may conduct independent study as it deems desirable and may mediate and
attempt to resolve disagreements about the plans. Within 60 days after the hearing, the
council shall review the plans and shall decide what amendments to the plans, if any, must
be made to accommodate the objections presented by the disapproving local governmental
units.new text begin The council and any disapproving local unit of government may negotiate acceptable
amendments. The negotiations are not limited to the amendments proposed by the local
unit of government submitted to the council under subdivision 3. If the council decides
that it will not make amendments to the plan and the disapproving local unit of government
has not withdrawn its disapproval as described in subdivision 3, the council shall not
proceed with the proposed preliminary design plan.new text end Amendments to the plans as decided
by the council must be made before continuing the planning and designing process.
Sec. 3.
Minnesota Statutes 2014, section 473.3994, subdivision 5, is amended to read:
Subd. 5.
Final design plans.
(a) If the final design plans incorporate a substantial
change from the preliminary design plans with respect to location, length, or termini
of routes; general dimension, elevation, or alignment of routes and crossings; location
of tracks above ground, below ground, or at ground level; or station locations, before
beginning construction, the responsible authority shall submit the changed component of
the final design plans to the governing body of each statutory and home rule city, county,
and town in which the changed component is proposed to be located. Within 60 days
after the submission of the plans, the city, county, or town shall review and approve or
disapprove the changed component located in the city, county, or town. A local unit of
government that disapproves the change shall deleted text begin describedeleted text end new text begin submit to the council a resolution
passed by the governing body of the local unit of government that includes eithernew text end specific
amendments to the plans that, if adopted, would cause the local unit to withdraw its
disapprovalnew text begin or a statement that no amendment would cause the local unit of government to
withdraw its disapproval. A disapproving local unit of government may approve the plans
at any time by submitting to the council a resolution passed by its governing body that
states the local governing unit withdraws its disapprovalnew text end . Failure to approve or disapprove
the changed plans in writing within the time period is deemed to be approval, unless an
extension is agreed to by the city, county, or town and the responsible authority.
(b) If the governing body of one or more cities, counties, or towns disapproves the
changed plans within the period allowed under paragraph (a), the council shall review
the final design plans under the same procedure and with the same effect as provided in
subdivision 4 for preliminary design plans.
Sec. 4.
Minnesota Statutes 2014, section 473.3994, subdivision 7, is amended to read:
Subd. 7.
Council review.
If the commissioner is the responsible authority, before
proceeding with construction of a light rail transit facility, the commissioner must submit
preliminary and final design plans to the Metropolitan Council. The council must review
the plans for consistency with the council's development guide and approve the plans.new text begin
This review is in addition to the hearing process described in subdivisions 2 to 5.
new text end
Sec. 5. new text begin APPLICATION.
new text end
new text begin
Sections 1 to 4 apply in the counties of Anoka, Carver, Dakota, Hennepin, Ramsey,
Scott, and Washington.
new text end