HF 2343

as introduced - 81st Legislature (1999 - 2000) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to transportation; requiring commissioner of 
  1.3             transportation to be responsible for design, 
  1.4             construction, and operation of commuter rail; 
  1.5             requiring adoption of commuter rail system plan; 
  1.6             establishing design plan approval process for commuter 
  1.7             rail; creating commuter rail corridor coordinating 
  1.8             committee; modifying provisions relating to regional 
  1.9             rail authorities; amending Minnesota Statutes 1998, 
  1.10            sections 398A.04, subdivision 2; 473.399; and 
  1.11            473.3994, subdivisions 3, 4, and 10; amending Laws 
  1.12            1998, chapter 404, section 17, subdivision 3; 
  1.13            proposing coding for new law in Minnesota Statutes, 
  1.14            chapter 174; repealing Minnesota Statutes 1998, 
  1.15            section 473.3998. 
  1.16  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.17     Section 1.  [174.80] [DEFINITIONS.] 
  1.18     Subdivision 1.  [TERMS.] For the purposes of sections 
  1.19  174.80 to 174.90, the terms defined in this section have the 
  1.20  meanings given them. 
  1.21     Subd. 2.  [ADVANCED CORRIDOR PLAN.] "Advanced corridor plan"
  1.22  means a commuter rail plan that: 
  1.23     (1) contains a physical design component that identifies 
  1.24  the physical design of facilities, including: 
  1.25     (i) location, length, and termini of routes; 
  1.26     (ii) maintenance facility locations; 
  1.27     (iii) safety improvements; 
  1.28     (iv) station locations and design; and 
  1.29     (v) related park and ride, parking, and other 
  1.30  transportation facilities; 
  2.1      (2) specifies track and signal improvements; 
  2.2      (3) addresses handicapped access; 
  2.3      (4) specifies intermodal coordination and connections with 
  2.4   bus and light rail transit operation and routes; 
  2.5      (5) projects ridership, capital costs, operating costs, and 
  2.6   revenues; 
  2.7      (6) identifies sources of funds for operating subsidies and 
  2.8   funding for final design, construction, and operation; 
  2.9      (7) describes an implementation method; 
  2.10     (8) describes a plan for public involvement and public 
  2.11  information; 
  2.12     (9) defines anticipated agreements with the railroads; and 
  2.13     (10) addresses land use impacts. 
  2.14  The preliminary design plan may include the draft environmental 
  2.15  impact statement for the proposed commuter rail facilities. 
  2.16     Subd. 3.  [PRELIMINARY ENGINEERING PLAN.] "Preliminary 
  2.17  engineering plan" means a commuter rail plan that includes those 
  2.18  items in the advanced corridor plan that relate to facilities 
  2.19  proposed for construction, but with additional detail and 
  2.20  specificity in satisfaction of applicable environmental 
  2.21  requirements. 
  2.22     Subd. 4.  [FINAL DESIGN PLAN.] "Final design plan" means a 
  2.23  commuter rail plan that includes the items in the advanced 
  2.24  corridor plan and the preliminary engineering plan, but with 
  2.25  additional detail and specificity as needed for construction and 
  2.26  operation. 
  2.27     Sec. 2.  [174.82] [COMMISSIONER'S DUTIES.] 
  2.28     The commissioner shall be responsible for all aspects of 
  2.29  planning, developing, constructing, operating, and maintaining 
  2.30  commuter rail, including system planning, advanced corridor 
  2.31  planning, preliminary engineering, final design, construction, 
  2.32  negotiating with railroads, and developing financial and 
  2.33  operating plans.  The commissioner may enter into a memorandum 
  2.34  of understanding or agreement with a public or private entity, 
  2.35  including a regional railroad authority, a joint powers board, 
  2.36  and a railroad, to carry out these activities. 
  3.1      Sec. 3.  [174.84] [COMMUTER RAIL SYSTEM PLANNING.] 
  3.2      Subdivision 1.  [GENERAL PLAN REQUIREMENTS.] By January 15, 
  3.3   2000, the commissioner shall adopt a commuter rail system plan 
  3.4   to ensure that commuter rail facilities in this state will be 
  3.5   acquired, developed, constructed, owned, and operated in an 
  3.6   efficient, cost-effective manner, and in coordination with buses 
  3.7   and other transportation modes and facilities.  The commissioner 
  3.8   shall consult with affected regional railroad authorities and 
  3.9   may incorporate into its plan elements of the plans of regional 
  3.10  railroad authorities in order to avoid duplication of efforts.  
  3.11  The commissioner may periodically update the system plan. 
  3.12     Subd. 2.  [APPROVAL OF COMMUTER RAIL SYSTEM PLAN.] The 
  3.13  commuter rail system plan must be approved by metropolitan 
  3.14  planning organizations in areas in which commuter rail will be 
  3.15  located before the commissioner may begin final design of 
  3.16  commuter rail facilities.  Following approval of the plan, the 
  3.17  commissioner shall act in conformity with the plan.  The 
  3.18  commissioner shall ensure that final design plans are consistent 
  3.19  with the commuter rail plan. 
  3.20     Subd. 3.  [ENGINEERING STANDARDS.] The plan must include 
  3.21  engineering standards that provide for integrated operation of 
  3.22  all commuter rail equipment, facilities, and services, including 
  3.23  security, station design parameters, fare box systems, and 
  3.24  safety. 
  3.25     Subd. 4.  [INTEGRATION OF SYSTEM.] The commissioner and 
  3.26  metropolitan planning organizations shall ensure that commuter 
  3.27  rail facilities are planned, designed, and implemented to move 
  3.28  transit users to, from, and within the metropolitan area, and to 
  3.29  provide a unified, integrated, and efficient multimodal 
  3.30  transportation system with rail transit lines that interface 
  3.31  with each other and with other transportation facilities. 
  3.32     Sec. 4.  [174.86] [COMMUTER RAIL PLAN; REVIEW.] 
  3.33     Subdivision 1.  [ADVANCED CORRIDOR PLAN; PUBLIC 
  3.34  HEARING.] Before a final design plan is prepared for commuter 
  3.35  rail facilities, the commissioner must hold a public hearing on 
  3.36  the physical design component of the advanced corridor plan.  
  4.1   The commissioner must provide appropriate public notice of the 
  4.2   hearing and publicity to ensure that affected parties have an 
  4.3   opportunity to present their views at the hearing.  The 
  4.4   commissioner shall summarize the proceedings and testimony and 
  4.5   maintain the record of a hearing held under this subdivision, 
  4.6   including any written statements submitted. 
  4.7      Subd. 2.  [PHYSICAL DESIGN COMPONENT; LOCAL PARTICIPATION.] 
  4.8   At least 30 days before the hearing under subdivision 1, the 
  4.9   commissioner shall submit the physical design component of the 
  4.10  advanced corridor plan to the governing body of each statutory 
  4.11  and home rule charter city, county, and town in which the route 
  4.12  is to be located.  Within 45 days after the hearing under 
  4.13  subdivision 1, the city, county, or town shall review and 
  4.14  comment on the plan.  Within 45 days of the hearing, a city or 
  4.15  town shall approve or disapprove the location and design of the 
  4.16  station to be located in the city or town.  A city or town that 
  4.17  disapproves shall describe specific amendments to the plan that, 
  4.18  if adopted, would cause the city or town to withdraw its 
  4.19  disapproval.  Failure to comment in writing within 45 days after 
  4.20  the hearing is deemed to be accepted unless an extension of time 
  4.21  is agreed to by the metropolitan planning organization and the 
  4.22  commissioner of transportation. 
  4.23     Subd. 3.  [MODIFICATION OF ADVANCED CORRIDOR PLAN.] After 
  4.24  the hearing under subdivision 1, and after the receipt of 
  4.25  comment under subdivision 2, the commissioner may modify the 
  4.26  advanced corridor plan. 
  4.27     Subd. 4.  [ADVANCED CORRIDOR PLAN; METROPOLITAN PLANNING 
  4.28  ORGANIZATION REVIEW.] Before constructing commuter rail 
  4.29  facilities, the commissioner shall submit the advanced corridor 
  4.30  plan to each metropolitan planning organization in which the 
  4.31  route is to be located.  The metropolitan planning organization 
  4.32  shall hold a hearing on the plan allowing the commissioner, 
  4.33  local governmental units, and other persons to present their 
  4.34  views as to whether the plan is consistent with the metropolitan 
  4.35  planning organization's development guide.  Within 60 days after 
  4.36  the hearing, the metropolitan planning organization shall review 
  5.1   the plan submitted by the commissioner to determine whether it 
  5.2   is consistent with the development guide.  If the plan is 
  5.3   consistent with the development guide, the metropolitan planning 
  5.4   organization shall approve it.  If the plan is not consistent 
  5.5   with the development guide, the metropolitan planning 
  5.6   organization shall submit to the commissioner proposed 
  5.7   amendments to the plan to make it consistent with the 
  5.8   development guide.  The commissioner shall incorporate the 
  5.9   proposed amendments into the final design plan. 
  5.10     Subd. 5.  [COMMUTER RAIL CORRIDOR COORDINATING 
  5.11  COMMITTEE.] (a) A commuter rail corridor coordinating committee 
  5.12  shall be established to advise the commissioner on issues 
  5.13  relating to the alternatives analysis, environmental review, 
  5.14  advanced corridor planning, preliminary engineering, final 
  5.15  design, implementation method, construction of commuter rail, 
  5.16  public involvement, land use, service, and safety.  The commuter 
  5.17  rail corridor coordinating committee shall consist of: 
  5.18     (1) one member representing each significant funding 
  5.19  partner in whose jurisdiction the line or lines are located; 
  5.20     (2) one member appointed by each county in which the 
  5.21  corridors are located; 
  5.22     (3) one member appointed by each city in which advanced 
  5.23  corridor plans indicate that a station may be located; 
  5.24     (4) two members appointed by the commissioner, one of whom 
  5.25  shall be designated by the commissioner as the chair of the 
  5.26  committee; 
  5.27     (5) one member appointed by each metropolitan planning 
  5.28  organization through which the commuter rail line may pass; and 
  5.29     (6) one member appointed by the president of the University 
  5.30  of Minnesota, if a designated corridor provides direct service 
  5.31  to the university. 
  5.32     (b) A joint powers board existing on April 1, 1999, 
  5.33  consisting of local governments along a commuter rail corridor, 
  5.34  shall perform the functions set forth in paragraph (a) in place 
  5.35  of the committee. 
  5.36     Sec. 5.  [174.88] [COMMUTER RAIL FUNDING.] 
  6.1      The commissioner, in cooperation with appropriate 
  6.2   metropolitan planning organizations, may apply for funding from 
  6.3   federal, state, regional, local, and private sources for 
  6.4   commuter rail facility construction, operation, implementation, 
  6.5   maintenance, and improvement. 
  6.6      Sec. 6.  [174.90] [COMMUTER RAIL OPERATION.] 
  6.7      The commissioner may contract for operation of commuter 
  6.8   rail facilities and shall commence revenue service after an 
  6.9   appropriate period of start-up to ensure satisfactory 
  6.10  performance.  The commissioner shall coordinate with transit 
  6.11  providers to ensure integration of the commuter rail system with 
  6.12  bus and light rail transit service to avoid duplication of 
  6.13  service and to ensure the greatest access to commuter rail lines 
  6.14  in suburban and urban areas. 
  6.15     Sec. 7.  Minnesota Statutes 1998, section 398A.04, 
  6.16  subdivision 2, is amended to read: 
  6.17     Subd. 2.  [RAILROAD ACQUISITION AND OPERATION.] The 
  6.18  authority may plan, establish, acquire, develop, construct, 
  6.19  purchase, enlarge, extend, improve, maintain, equip, operate, 
  6.20  regulate, and protect railroads and railroad facilities, 
  6.21  including but not limited to terminal buildings, roadways, 
  6.22  crossings, bridges, causeways, tunnels, equipment, and rolling 
  6.23  stock.  The authority may not expend state or federal funds to 
  6.24  engage in planning for or development of light rail transit or 
  6.25  commuter rail transit, unless this activity is consistent with a 
  6.26  plan adopted by the department of transportation under section 
  6.27  174.84 and a plan adopted by the metropolitan council under 
  6.28  section 473.399, and is carried out pursuant to a memorandum of 
  6.29  understanding executed by the authority and the commissioner 
  6.30  after appropriate consultation with the metropolitan council. 
  6.31     Sec. 8.  Minnesota Statutes 1998, section 473.399, is 
  6.32  amended to read: 
  6.33     473.399 [LIGHT RAIL TRANSIT AND COMMUTER RAIL PLANNING.] 
  6.34     Subdivision 1.  [GENERAL REQUIREMENTS.] (a) The council 
  6.35  shall adopt a plan to ensure that light rail transit facilities 
  6.36  in the metropolitan area will be acquired, developed, owned, and 
  7.1   capable of operation in an efficient, cost-effective, and 
  7.2   coordinated manner in coordination with buses and other 
  7.3   transportation modes and facilities.  The plan may be developed 
  7.4   and adopted in phases corresponding to phasing of construction 
  7.5   of light rail.  To the extent practicable, The council shall may 
  7.6   incorporate into its plan appropriate elements of the plans of 
  7.7   regional railroad authorities in order to avoid duplication of 
  7.8   effort. 
  7.9      (b) The light rail transit plan or first phase of the plan 
  7.10  required by this section must be adopted by the council before 
  7.11  the commissioner of transportation may begin construction of 
  7.12  light rail transit facilities.  Following adoption of the plan, 
  7.13  each regional railroad authority and the commissioner of 
  7.14  transportation shall act in conformity with the plan.  The 
  7.15  commissioner shall prepare or amend the final design plans as 
  7.16  necessary to make the plans consistent with the light rail 
  7.17  transit plan. 
  7.18     (c) Throughout the development and implementation of the 
  7.19  plan, the council shall contract for or otherwise obtain 
  7.20  engineering services to assure that the plan adequately 
  7.21  addresses the technical aspects of light rail transit. 
  7.22     Subd. 1a.  [INTEGRATED TRANSPORTATION SYSTEM.] The 
  7.23  commissioner of transportation, and the metropolitan council, 
  7.24  and the regional rail authorities shall ensure that the light 
  7.25  rail transit and commuter rail facilities are planned, designed, 
  7.26  and implemented:  (1) to move commuters and transit users into 
  7.27  and out of, as well as within, the metropolitan area, and (2) to 
  7.28  ensure that rail transit lines will interface with each other 
  7.29  and other transportation facilities and services so as to 
  7.30  provide a unified, integrated, and efficient multimodal 
  7.31  transportation system. 
  7.32     Sec. 9.  Minnesota Statutes 1998, section 473.3994, 
  7.33  subdivision 3, is amended to read: 
  7.34     Subd. 3.  [PRELIMINARY DESIGN PLANS; LOCAL APPROVAL.] At 
  7.35  least 30 days before the hearing under subdivision 2, the 
  7.36  commissioner of transportation and the regional railroad 
  8.1   authority or authorities in whose jurisdiction the line or lines 
  8.2   are located shall submit the physical design component of the 
  8.3   preliminary design plans to the governing body of each statutory 
  8.4   and home rule charter city, county, and town in which the route 
  8.5   is proposed to be located.  The city, county, or town shall hold 
  8.6   a public hearing, except that a county board need not hold a 
  8.7   hearing if the county board membership is identical to the 
  8.8   membership of the regional railroad authority submitting the 
  8.9   plan for review.  Within 45 days after the hearing under 
  8.10  subdivision 2, the city, county, or town shall review and 
  8.11  approve or disapprove the plans for the route to be located in 
  8.12  the city, county, or town.  A local unit of government that 
  8.13  disapproves the plans shall describe specific amendments to the 
  8.14  plans that, if adopted, would cause the local unit to withdraw 
  8.15  its disapproval.  Failure to approve or disapprove the plans in 
  8.16  writing within 45 days after the hearing is deemed to be 
  8.17  approval, unless an extension of time is agreed to by the city, 
  8.18  county, or town, and the commissioner of transportation, and the 
  8.19  regional railroad authority or authorities in whose jurisdiction 
  8.20  the line or lines are located. 
  8.21     Sec. 10.  Minnesota Statutes 1998, section 473.3994, 
  8.22  subdivision 4, is amended to read: 
  8.23     Subd. 4.  [PRELIMINARY DESIGN PLANS; COUNCIL REFERRAL.] If 
  8.24  the governing body of one or more cities, counties, or towns 
  8.25  disapproves the preliminary design plans within the period 
  8.26  allowed under subdivision 3, the commissioner of transportation 
  8.27  and the regional railroad authority or authorities in whose 
  8.28  jurisdiction the line or lines are located may refer the plans, 
  8.29  along with any comments of local jurisdictions, to the 
  8.30  metropolitan council.  The council shall hold a hearing on the 
  8.31  plans, giving the commissioner of transportation and the 
  8.32  regional railroad authority or authorities in whose jurisdiction 
  8.33  the line or lines are located, any disapproving local 
  8.34  governmental units, and other persons an opportunity to present 
  8.35  their views on the plans.  The council may conduct independent 
  8.36  study as it deems desirable and may mediate and attempt to 
  9.1   resolve disagreements about the plans.  Within 90 days after the 
  9.2   referral, the council shall review the plans submitted by the 
  9.3   commissioner of transportation and the regional railroad 
  9.4   authority or authorities in whose jurisdiction the line or lines 
  9.5   are located and the council shall decide what amendments to the 
  9.6   plans, if any, must be made to accommodate the objections 
  9.7   presented by the disapproving local governmental units.  The 
  9.8   commissioner and the regional railroad authority shall make the 
  9.9   amendments to the plans before continuing the planning and 
  9.10  designing process.  
  9.11     Sec. 11.  Minnesota Statutes 1998, section 473.3994, 
  9.12  subdivision 10, is amended to read: 
  9.13     Subd. 10.  [CORRIDOR MANAGEMENT COMMITTEE.] A corridor 
  9.14  management committee shall be established to advise the 
  9.15  commissioner of transportation in the design and construction of 
  9.16  light rail transit in each corridor to be constructed.  The 
  9.17  corridor management committee shall consist of the following 
  9.18  members:  
  9.19     (1) one member appointed by the joint powers board 
  9.20  established under section 473.3998; 
  9.21     (2) one member appointed by each city and county in which 
  9.22  the corridor is located; 
  9.23     (3) (2) the commissioner of transportation or a designee of 
  9.24  the commissioner; 
  9.25     (4) (3) two members appointed by the metropolitan council, 
  9.26  one of whom shall be designated as the chair of the committee; 
  9.27     (5) (4) one member appointed by the metropolitan airports 
  9.28  commission, if the designated corridor provides direct service 
  9.29  to the Minneapolis-St. Paul International Airport; and 
  9.30     (6) (5) one member appointed by the president of the 
  9.31  University of Minnesota, if the designated corridor provides 
  9.32  direct service to the university. 
  9.33     The corridor management committee shall advise the 
  9.34  commissioner of transportation and the regional railroad 
  9.35  authority or authorities in whose jurisdiction the line or lines 
  9.36  are located on issues relating to the alternatives analysis, 
 10.1   environmental review, preliminary design, preliminary 
 10.2   engineering, final design, implementation method, and 
 10.3   construction of light rail transit. 
 10.4      Sec. 12.  Laws 1998, chapter 404, section 17, subdivision 
 10.5   3, is amended to read: 
 10.6   Subd. 3.  Transitways                                46,500,000 
 10.7   (a) This appropriation is to match 
 10.8   federal and local funding for the 
 10.9   planning, design, engineering, and 
 10.10  construction of transitways in the 
 10.11  metropolitan area. 
 10.12  (b) $40,000,000 is for the preliminary 
 10.13  engineering, final design, and 
 10.14  construction of light rail transit in 
 10.15  the Hiawatha Avenue corridor from 
 10.16  downtown Minneapolis through 
 10.17  Minneapolis-St. Paul International 
 10.18  Airport and the site of the former Met 
 10.19  Center or surrounding area with a 
 10.20  terminus in southern Hennepin or 
 10.21  northern Dakota county. 
 10.22  The Hiawatha Avenue corridor management 
 10.23  committee created pursuant to Minnesota 
 10.24  Statutes, section 473.3994, subdivision 
 10.25  10, shall establish an advisory 
 10.26  committee of: 
 10.27  (1) individuals who reside near the 
 10.28  proposed corridor; 
 10.29  (2) representatives of businesses 
 10.30  located within one mile on either side 
 10.31  of the corridor; and 
 10.32  (3) elected officials, including 
 10.33  legislators, who represent the area in 
 10.34  which the Hiawatha corridor is located. 
 10.35  The advisory committee shall advise the 
 10.36  corridor management committee on issues 
 10.37  relating to the preliminary 
 10.38  engineering, final design, and 
 10.39  construction of light rail facilities, 
 10.40  including the proposed alignment for 
 10.41  the corridor. 
 10.42  (c) The funds in this paragraph must be 
 10.43  distributed as grants to appropriate 
 10.44  county regional rail authorities upon 
 10.45  execution of a work program memorandum 
 10.46  of understanding with the commissioner 
 10.47  as follows: 
 10.48  (1) $3,000,000 to match federal funding 
 10.49  for a major investment study, 
 10.50  engineering, and implementation in the 
 10.51  Riverview corridor between the east 
 10.52  side of St. Paul and the 
 10.53  Minneapolis-St. Paul International 
 10.54  Airport and the Mall of America; 
 10.55  (2) $1,500,000 to match federal funding 
 10.56  for a major investment study, 
 11.1   engineering, and implementation in the 
 11.2   Northstar corridor linking downtown 
 11.3   Minneapolis to the St. Cloud area and 
 11.4   to study the feasibility of commuter 
 11.5   rail and other transportation 
 11.6   improvements within the corridor; 
 11.7   (3) $500,000 to study potential transit 
 11.8   improvements and engineering studies in 
 11.9   the Cedar Avenue corridor to link the 
 11.10  Hiawatha, Riverview, and Northstar 
 11.11  transit corridors with Dakota county; 
 11.12  and 
 11.13  (4) $500,000 to develop engineering 
 11.14  documents for a commuter rail line from 
 11.15  Minneapolis to downtown St. Paul 
 11.16  through southern Washington county to 
 11.17  Hastings. 
 11.18  The commissioner of transportation, in 
 11.19  coordination with the North Star 
 11.20  Corridor Joint Powers Authority and the 
 11.21  St. Cloud area planning agency, shall 
 11.22  study the transportation needs within 
 11.23  the St. Cloud metropolitan area.  
 11.24  (d) $1,000,000 is available as grants 
 11.25  to appropriate county regional rail 
 11.26  authorities to conduct major investment 
 11.27  studies and to develop engineering 
 11.28  documents for commuter rail lines in 
 11.29  the following corridors: 
 11.30  (1) the Young America corridor from 
 11.31  Carver county to Minneapolis and St. 
 11.32  Paul; 
 11.33  (2) the Bethel corridor linking 
 11.34  Cambridge with the Northstar corridor 
 11.35  in Anoka county; 
 11.36  (3) the Northwest corridor from 
 11.37  downtown Minneapolis to the Northwest 
 11.38  suburbs of Hennepin county; and 
 11.39  (4) other commuter rail corridors 
 11.40  identified in phase II of the 
 11.41  department of transportation's commuter 
 11.42  rail service study, except for the 
 11.43  corridors identified in paragraph (c). 
 11.44  The appropriation in this paragraph is 
 11.45  not available until the completion of 
 11.46  the commuter rail service study as 
 11.47  provided in Laws 1997, chapter 159, 
 11.48  article 2, section 51.  The funds may 
 11.49  be made available only after approval 
 11.50  by the commissioner of transportation 
 11.51  of an application submitted by county 
 11.52  regional rail authorities that is 
 11.53  consistent with the results of the 
 11.54  commuter rail service study and 
 11.55  demonstrates a coordinated 
 11.56  implementation strategy and upon 
 11.57  execution of a work program memorandum 
 11.58  of understanding with the commissioner. 
 11.59     Sec. 13.  [REPEALER.] 
 11.60     Minnesota Statutes 1998, section 473.3998, is repealed.