HF 1630

as introduced - 90th Legislature (2017 - 2018) Posted on 02/23/2017 01:28pm

A bill for an act
relating to mass transit; establishing a moratorium on certain guideway projects;
requiring a plan that maximizes transit service and operations; requiring planning
and a legislative report; amending Minnesota Statutes 2016, sections 174.93,
subdivision 1; 398A.10, subdivision 1; 473.3999; proposing coding for new law
in Minnesota Statutes, chapters 174; 471.

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

Section 1.

Minnesota Statutes 2016, section 174.93, subdivision 1, is amended to read:

Subdivision 1.

Definitions.

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

(1) "commissioner" means the commissioner of transportation;

(2) "guideway" means a form of transportation service provided to the public on a regular
and ongoing basis deleted text begin , deleted text end that operates on deleted text begin exclusive or controlled rights-of-way or rails in whole
or in part deleted text end new text begin rails or operates primarily or substantially within separated rights-of-way dedicated
for or primarily used by the service new text end , and includes new text begin :
new text end

new text begin (i) new text end each line for intercity passenger rail, commuter rail, light rail transit, new text begin and new text end streetcars deleted text begin ,
and deleted text end new text begin ;
new text end

new text begin (ii) each line for dedicated bus service, which may include but is not limited to arterial
or highway new text end bus rapid transit new text begin , limited stop bus service, and express bus service; and
new text end

new text begin (iii) any intermodal facility serving two or more lines identified in items (i) and (ii) new text end ; and

(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.

(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.

(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 begin (d) Guideway does not include bus rapid transit, limited-stop bus service, or express bus
service that does not primarily or substantially operate within separated rights-of-way.
new text end

new text begin (e) Separated rights-of-way does not include a shoulder, dynamic shoulder lane, or priced
lane under section 160.93.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 2.

new text begin [174.94] GUIDEWAY PROJECTS MORATORIUM.
new text end

new text begin (a) For purposes of this section, the term "guideway" has the meaning given in section
174.93, subdivision 1, except that it excludes intercity passenger rail.
new text end

new text begin (b) Notwithstanding any law to the contrary, the state, the Metropolitan Council, and
any other political subdivisions are prohibited from expending public sources of funds for
a guideway project, whether for a new line or extending a line. The prohibition under this
section includes but is not limited to study, alternatives analysis, design, engineering,
environmental analysis, land acquisition, purchasing rolling stock and other equipment, and
construction.
new text end

new text begin (c) The prohibition under this section does not apply to funds obtained from contributions,
grants, or other voluntary payments made by nongovernmental entities from private sources.
new text end

new text begin EFFECTIVE DATE; APPLICATION. new text end

new text begin This section is effective the day following
final enactment. The portion of this section that relates to the Metropolitan Council applies
in the counties of Anoka, Carver, Dakota, Hennepin, Ramsey, Scott, and Washington.
new text end

Sec. 3.

Minnesota Statutes 2016, section 398A.10, subdivision 1, is amended to read:

Subdivision 1.

Capital costs.

A county regional railroad authority deleted text begin may not contribute
more than ten percent of the capital costs of a light rail transit or commuter rail project. This
subdivision does not apply to a light rail transit project for which a county regional railroad
authority commits to providing an amount greater than ten percent of the capital costs, if
the commitment (1) is made before October 2, 2008, (2) is made as part of an application
for federal funds, and (3) is adjusted by the county regional railroad authority to meet the
requirements of this subdivision as part of the next scheduled federal funding application
for the project deleted text end new text begin is subject to section 174.94 new text end .

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 4.

new text begin [471.987] GUIDEWAY PROJECTS.
new text end

new text begin A county and a home rule charter or statutory city are subject to section 174.94.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 5.

Minnesota Statutes 2016, section 473.3999, is amended to read:

473.3999 LIGHT RAIL TRANSIT CONSTRUCTION; deleted text begin COUNCIL AUTHORITY deleted text end new text begin
MORATORIUM new text end .

deleted text begin The Metropolitan Council may exercise the powers granted in this chapter and in other
applicable law, as necessary, to plan, design, acquire, construct, and equip light rail transit
facilities in the metropolitan area as defined in section 473.121, subdivision 2 deleted text end new text begin The council
is subject to section 174.94 new text end .

new text begin EFFECTIVE DATE; APPLICATION. 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

Sec. 6. new text begin LIGHT RAIL TRANSIT; EXISTING AGREEMENTS.
new text end

new text begin (a) Notwithstanding Minnesota Statutes, section 174.94, the Metropolitan Council may
fulfill the requirements of an agreement for work on a light rail transit line, if:
new text end

new text begin (1) the agreement was entered into on or before January 15, 2017; and
new text end

new text begin (2) the agreement does not provide for its cancellation.
new text end

new text begin (b) Nothing in this section permits change orders that increase amount owed by the
council under an agreement.
new text end

new text begin EFFECTIVE DATE; APPLICATION. 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

Sec. 7. new text begin MAXIMIZING TRANSIT OPERATIONS PLAN.
new text end

new text begin By December 15, 2017, the Metropolitan Council must submit a report analyzing how
to maximize transit service and operations to the chairs and ranking minority members of
the legislative committees with jurisdiction over transportation policy and finance. At a
minimum, the report must provide a plan that identifies specific changes to enhance the
transit system in a manner that maximizes:
new text end

new text begin (1) mobility;
new text end

new text begin (2) ridership;
new text end

new text begin (3) service level for transit-dependent populations;
new text end

new text begin (4) cost effectiveness, including but not limited to cost efficiency on a life-cycle basis
for capital, operating, and capital maintenance;
new text end

new text begin (5) safety; and
new text end

new text begin (6) system flexibility.
new text end

new text begin EFFECTIVE DATE; APPLICATION. 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