HF 1918

as introduced - 86th Legislature (2009 - 2010) Posted on 02/09/2010 01:56am

A bill for an act
relating to passenger rail; prescribing duties and powers of commissioner of
transportation; requiring report; 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 [174.632] COMMISSIONER'S DUTIES.
new text end

new text begin The planning, design, development, construction, operation, and maintenance
of passenger rail track, facilities, and services are governmental functions, serve a
public purpose, and are a matter of public necessity. The commissioner is responsible
for all aspects of planning, designing, developing, constructing, equipping, operating,
and maintaining passenger rail, including system planning, alternatives analysis,
environmental studies, 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.
new text end

Sec. 2.

new text begin [174.634] PASSENGER RAIL FUNDING.
new text end

new text begin The commissioner may apply for funding from federal, state, regional, local, and
private sources to carry out the commissioner's duties in section 174.632.
new text end

Sec. 3.

new text begin [174.636] EXERCISE OF POWER; PASSENGER RAIL.
new text end

new text begin (a) The commissioner has all powers necessary to carry out the duties specified
in section 174.632. In the exercise of those powers, the commissioner may acquire by
purchase, gift, or by eminent domain proceedings as provided by law, all land and property
necessary to preserve future passenger rail corridors or to construct, maintain, and improve
passenger rail corridors, to let all necessary contracts as provided by law, and to make
agreements with and cooperate with any governmental authority or private entity to carry
out statutory duties related to passenger rail.
new text end

new text begin (b) The commissioner shall consult with metropolitan planning organizations and
regional rail authorities in areas where passenger rail corridors are under consideration
to ensure that passenger rail services are integrated with existing rail and transit services
and other transportation facilities to provide as nearly as possible connected, efficient,
and integrated services.
new text end

Sec. 4.

new text begin [174.638] FUNDING.
new text end

new text begin Section 174.88 does not apply to the commissioner's performance of duties and
exercise of powers under sections 174.632 to 174.636.
new text end

Sec. 5. new text begin PASSENGER RAIL REPORT.
new text end

new text begin By February 1, 2010, the commissioner of transportation shall report to the chairs
and ranking minority members of the legislative committees with jurisdiction over
transportation policy and finance concerning the status of passenger rail in this state.
The report must be made electronically and made available in print only upon request.
The report must include a summary of the current status of passenger rail projects and
recommend:
new text end

new text begin (1) a public participation process for intercity passenger rail planning;
new text end

new text begin (2) appropriate participation and levels of review by local units of government;
new text end

new text begin (3) future sources of funding for capital costs and operations;
new text end

new text begin (4) definitions to distinguish passenger rail from commuter rail;
new text end

new text begin (5) legislative changes to facilitate and improve the passenger rail planning processes
and operation; and
new text end

new text begin (6) state operating subsidy mechanisms designed to create local tax equity between
communities served by passenger rail and communities served by commuter rail.
new text end