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HF 1140

as introduced - 87th Legislature (2011 - 2012) Posted on 03/16/2011 09:37am

KEY: stricken = removed, old language.
underscored = added, new language.
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A bill for an act
relating to transportation; establishing requirements governing capital requests
for projects to establish fixed guideway transit and rail lines; amending
requirements on fixed guideway transit and rail line project and financial
reporting; amending Minnesota Statutes 2010, sections 16A.11, subdivision
3a; 16A.86, subdivision 3a; 174.93.

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

Section 1.

Minnesota Statutes 2010, section 16A.11, subdivision 3a, is amended to read:


Subd. 3a.

Part three: detailed capital budget.

The detailed capital budget must
include recommendations for capital projects to be funded during the next six fiscal yearsnew text begin
and, if applicable, must meet the requirements under section 174.93, subdivision 1a
new text end. It
must be submitted with projects recommended by the governor and in order of importance
among that agency's requests as determined by the agency originating the request.

Sec. 2.

Minnesota Statutes 2010, section 16A.86, subdivision 3a, is amended to read:


Subd. 3a.

Information provided.

All requests for state assistance under this section
must include the following information:

(1) the name of the political subdivision that will own the capital project for which
state assistance is being requested;

(2) the public purpose of the project;

(3) the extent to which the political subdivision has or expects to provide local,
private, user financing, or other nonstate funding for the project;

(4) a list of the bondable activities that the project encompasses; examples of
bondable activities are public improvements of a capital nature for land acquisition,
predesign, design, construction, and furnishing and equipping for occupancy;

(5) whether the project will require new or additional state operating subsidies;

(6) whether the governing body of the political subdivision requesting the project
has passed a resolution in support of the project and has established priorities for all
projects within its jurisdiction for which bonding appropriations are requested when
submitting multiple requests; deleted text beginand
deleted text end

(7) if the project requires a predesign under section 16B.335, whether the predesign
has been completed at the time the capital project request is submitted, and whether
the political subdivision has submitted the project predesign to the commissioner of
administration for review and approvalnew text begin; and
new text end

new text begin (8) if applicable, the information required under section 174.93, subdivision 1anew text end.

Sec. 3.

Minnesota Statutes 2010, section 174.93, is amended to read:


174.93 GUIDEWAY INVESTMENT.

Subdivision 1.

Definitions.

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

(1) "commissioner" means the commissioner of transportation; deleted text beginand
deleted text end

(2) "guideway" means a form of transportation service provided to the public on a
regular and ongoing basis, that operates on exclusive or controlled rights-of-way or rails
in whole or in part, and includes each line for intercity passenger rail, commuter rail, light
rail transit, streetcars, and bus rapid transitnew text begin; and
new text end

new text begin (3) "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
new text end.

(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.

new text begin (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 end

new text begin Subd. 1a. new text end

new text begin Capital project requests to legislature. new text end

new text begin 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:
new text end

new text begin (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
new text end

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

Subd. 2.

Legislative report.

(a) By November 15 in every odd-numbered year,
the commissioner shall prepare, in collaboration with the Metropolitan Council, and
submit a report electronically to the chairs and ranking minority members of the house
of representatives and senate committees with jurisdiction over transportation policy
and finance concerning the status of 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.

(b) At a minimum, the report must include, for each guideway project:

(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 milestones; (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,new text begin as reflected by the data and level of
detail available in the latest phase of project development and
new text end 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; deleted text beginand
deleted text end

(ii) estimated annual operations and maintenance expenditures deleted text beginreflecting the level
of detail available in the current phase of the project development
deleted text end, with a breakdown by
committed and proposed sources of funds for the deleted text beginprojects in the Metropolitan Council's
transportation policy plan.
deleted text endnew text begin project; and
new text end

new text begin (iii) if feasible, project expenditures by budget activity.
new text end

new text begin (c) The report must also include a systemwide capacity analysis for investment in
guideway expansion and maintenance that:
new text end

new text begin (1) provides a funding projection, annually over the ensuing 20 years, and with a
breakdown by committed and proposed sources of funds, of:
new text end

new text begin (i) total capital expenditures for guideways;
new text end

new text begin (ii) total operations and maintenance expenditures for guideways;
new text end

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

new text begin (iv) total funding available for transit service in the metropolitan area; and
new text end

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

new text begin (d) The projection under paragraph (c), clause (1), must be for all guideway lines
for which state funds are reasonably expected to be expended in planning, development,
construction, or revenue operation during the ensuing 20 years.
new text end

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