HF 2552

as introduced - 84th Legislature (2005 - 2006) Posted on 12/15/2009 12:00am

A bill for an act
relating to metropolitan government; providing for
planning, construction, and operation of commuter rail
lines located in whole or in part within metropolitan
area; amending Minnesota Statutes 2004, section
174.82; proposing coding for new law in Minnesota
Statutes, chapter 473.

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

Section 1.

Minnesota Statutes 2004, section 174.82, is
amended to read:

174.82 COMMISSIONER'S DUTIES.

The commissioner shall be responsible for all aspects of
planning, developing, constructing, operating, and maintaining
commuter rail new text begin lines that are located totally outside the
metropolitan area as defined in section 473.121, subdivision 2 new text end ,
including system planning, advanced corridor planning,
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.

Sec. 2.

new text begin [473.4041] COMMUTER RAIL RESPONSIBILITIES.
new text end

new text begin Subdivision 1. new text end

new text begin Application of definitions. new text end

new text begin The
definitions of terms in section 174.80 apply to this section and
sections 473.4043 and 473.4045, except as otherwise expressly
provided for or indicated by the context.
new text end

new text begin Subd. 2. new text end

new text begin Council responsibilities generally. new text end

new text begin The council
is responsible for all aspects of planning, developing,
constructing, operating, and maintaining any commuter rail
lines, and associated facilities, lying in whole or in part
within the metropolitan area as provided for in the council's
most recently adopted long-range transportation policy plan,
including system planning, advanced corridor planning,
preliminary engineering, final design, construction, negotiating
with railroads, and developing financial and operating plans.
The council may enter into memoranda of understanding, joint
powers agreements, or other agreements with public or private
entities, including regional railroad authorities, metropolitan
planning organizations, joint powers boards, the commissioner of
transportation, or railroads, to carry out these activities with
respect to a proposed commuter rail line.
new text end

new text begin Subd. 3. new text end

new text begin System plan incorporated into state plan. new text end

new text begin The
portion of the council's long-range transportation policy plan
relating to commuter rail constitutes the system plan for
commuter rail lines located in whole or in part within the
metropolitan area. The commissioner of transportation must
incorporate the council's system plan into the statewide
commuter rail system plan under section 174.84.
new text end

new text begin Subd. 4. new text end

new text begin Coordination with other transit providers. new text end

new text begin The
council must coordinate with transit providers within and
outside the metropolitan area to ensure integration of the
commuter rail system with bus and light rail transit service, to
avoid duplication of service, and to ensure the greatest access
to commuter rail lines serving the metropolitan area.
new text end

new text begin Subd. 5. new text end

new text begin Expenditure of funds and exercise of powers. new text end

new text begin In
planning, developing, constructing, operating, and maintaining
commuter rail lines under this section and sections 473.4043 and
473.4045, the council may expend funds and exercise, both inside
and outside the metropolitan area, those powers in this chapter
that are necessary or convenient for these purposes.
new text end

Sec. 3.

new text begin [473.4043] COMMUTER RAIL PLAN; REVIEW.
new text end

new text begin Subdivision 1. new text end

new text begin Advanced corridor plan; public
hearing. new text end

new text begin Before a final design plan is prepared for commuter
rail facilities, the council must hold a public hearing on the
physical design component of the advanced corridor plan. The
council must provide appropriate public notice of the hearing
and publicity to ensure that affected parties have an
opportunity to present their views at the hearing. The council
must summarize the proceedings and testimony and maintain the
record of a hearing held under this subdivision, including any
written statements submitted.
new text end

new text begin Subd. 2. new text end

new text begin Physical design component; local participation.
new text end

new text begin At least 30 days before the hearing under subdivision 1, the
council must submit the physical design component of the
advanced corridor plan to the governing body of each statutory
and home rule charter city, county, and town in which the route
is to be located. Within 45 days after the hearing under
subdivision 1, the city, county, or town must review and comment
on the physical design component. Within 45 days of the
hearing, a city or town must review and comment on the location
and design of any station to be located in the city or town. A
city or town that negatively comments on a location or design
must describe specific amendments to the plan that, if adopted,
would cause the city or town to withdraw its negative comment.
Failure to comment in writing within 45 days after the hearing
is deemed to be acceptance of the physical design component
unless an extension of time is agreed to by the council.
new text end

new text begin Subd. 3. new text end

new text begin Modification of advanced corridor plan. new text end

new text begin After
the hearing under subdivision 1, and after the receipt of any
comments under subdivision 2, the council must consider the
comments and any proposed amendments and may modify the advanced
corridor plan accordingly.
new text end

new text begin Subd. 4. new text end

new text begin Advanced corridor plan; metropolitan planning
organization review. new text end

new text begin Before constructing commuter rail
facilities, the council must submit the advanced corridor plan
to each metropolitan planning organization outside the
metropolitan area in which the route is to be located. The
metropolitan planning organization must hold a hearing on the
plan allowing the council, local governmental units, and other
persons to present their views as to whether the plan is
consistent with the metropolitan planning organization's
development guide. Within 60 days after the hearing, the
metropolitan planning organization must review the plan
submitted by the council to determine whether it is consistent
with the development guide. If the plan is consistent with its
development guide, the metropolitan planning organization must
approve it. If the plan is not consistent with its development
guide, the metropolitan planning organization must submit to the
council proposed amendments to the plan to make it consistent
with the metropolitan planning organization's development
guide. The council must consider and may incorporate the
proposed amendments into the final design plan.
new text end

new text begin Subd. 5. new text end

new text begin Commuter rail corridor coordinating
committee. new text end

new text begin (a) For each proposed commuter rail line, the
council must establish a commuter rail corridor coordinating
committee to advise the council on issues relating to the
alternatives analysis, environmental review, advanced corridor
planning, preliminary engineering, final design, implementation
method, construction, public involvement, land use, service, and
safety for the proposed line. A commuter rail corridor
coordinating committee must consist of:
new text end

new text begin (1) one member representing each significant funding
partner in whose jurisdiction the corridor is located;
new text end

new text begin (2) one member appointed by each county in which the
corridor is located;
new text end

new text begin (3) one member appointed by each city in which the advanced
corridor plan indicates that a station may be located;
new text end

new text begin (4) two members appointed by the council, one of whom must
be designated by the council as the chair of the committee;
new text end

new text begin (5) one member appointed by each metropolitan planning
organization through which the commuter rail corridor may pass;
and
new text end

new text begin (6) one member appointed by the president of the University
of Minnesota, if the proposed corridor provides direct service
to the university.
new text end

new text begin (b) Notwithstanding section 15.059, subdivision 5, a
coordinating committee established under this section does not
expire.
new text end

new text begin (c) A joint powers board existing on April 1, 1999,
consisting of local governments along a proposed commuter rail
corridor, must perform the functions set forth in paragraph (a)
in place of a coordinating committee.
new text end

Sec. 4.

new text begin [473.4045] FEDERAL AND OTHER FUNDING; COMMUTER
RAIL.
new text end

new text begin In cooperation with appropriate metropolitan planning
organizations, the council may apply for funding from federal,
state, regional, local, and private sources for commuter rail
facility construction, operation, implementation, maintenance,
and improvement.
new text end

Sec. 5. new text begin TRANSITION PROVISION.
new text end

new text begin All required processes or activities for a proposed
commuter rail corridor, including all requirements under section
174.86, that have been completed by the commissioner of
transportation, either directly or pursuant to a memorandum of
understanding or other agreement, or by other entities are
deemed to have been completed for the purposes of the council's
development of that corridor and need not be repeated by the
council.
new text end

Sec. 6. new text begin EFFECTIVE DATE.
new text end

new text begin Sections 1 to 4 are effective the day following final
enactment.
new text end