1.1 	A bill for an act
1.2 	relating to metropolitan government; providing for
1.3 	planning, construction, and operation of commuter rail
1.4 	lines located in whole or in part within metropolitan
1.5 	area; amending Minnesota Statutes 2004, section
1.6 	174.82; proposing coding for new law in Minnesota
1.7 	Statutes, chapter 473.
1.8 	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

1.9 	Section 1. Minnesota Statutes 2004, section 174.82, is
1.10 	amended to read:
1.11 	174.82 COMMISSIONER'S DUTIES.
1.12 	The commissioner shall be responsible for all aspects of
1.13 	planning, developing, constructing, operating, and maintaining
1.14 	commuter rail lines that are located totally outside the
1.15 	metropolitan area as defined in section 473.121, subdivision 2,
1.16 	including system planning, advanced corridor planning,
1.17 	preliminary engineering, final design, construction, negotiating
1.18 	with railroads, and developing financial and operating plans.
1.19 	The commissioner may enter into a memorandum of understanding or
1.20 	agreement with a public or private entity, including a regional
1.21 	railroad authority, a joint powers board, and a railroad, to
1.22 	carry out these activities.

1.23 	Sec. 2. [473.4041] COMMUTER RAIL RESPONSIBILITIES.
1.24 		Subdivision 1.Application of definitions. The
1.25 	definitions of terms in section 174.80 apply to this section and
1.26 	sections 473.4043 and 473.4045, except as otherwise expressly
2.1 	provided for or indicated by the context.
2.2 		Subd. 2.Council responsibilities generally. The council
2.3 	is responsible for all aspects of planning, developing,
2.4 	constructing, operating, and maintaining any commuter rail
2.5 	lines, and associated facilities, lying in whole or in part
2.6 	within the metropolitan area as provided for in the council's
2.7 	most recently adopted long-range transportation policy plan,
2.8 	including system planning, advanced corridor planning,
2.9 	preliminary engineering, final design, construction, negotiating
2.10 	with railroads, and developing financial and operating plans.
2.11 	The council may enter into memoranda of understanding, joint
2.12 	powers agreements, or other agreements with public or private
2.13 	entities, including regional railroad authorities, metropolitan
2.14 	planning organizations, joint powers boards, the commissioner of
2.15 	transportation, or railroads, to carry out these activities with
2.16 	respect to a proposed commuter rail line.
2.17 		Subd. 3.System plan incorporated into state plan. The
2.18 	portion of the council's long-range transportation policy plan
2.19 	relating to commuter rail constitutes the system plan for
2.20 	commuter rail lines located in whole or in part within the
2.21 	metropolitan area.  The commissioner of transportation must
2.22 	incorporate the council's system plan into the statewide
2.23 	commuter rail system plan under section 174.84.
2.24 		Subd. 4.Coordination with other transit providers. The
2.25 	council must coordinate with transit providers within and
2.26 	outside the metropolitan area to ensure integration of the
2.27 	commuter rail system with bus and light rail transit service, to
2.28 	avoid duplication of service, and to ensure the greatest access
2.29 	to commuter rail lines serving the metropolitan area.
2.30 		Subd. 5.Expenditure of funds and exercise of powers. In
2.31 	planning, developing, constructing, operating, and maintaining
2.32 	commuter rail lines under this section and sections 473.4043 and
2.33 	473.4045, the council may expend funds and exercise, both inside
2.34 	and outside the metropolitan area, those powers in this chapter
2.35 	that are necessary or convenient for these purposes.

2.36 	Sec. 3. [473.4043] COMMUTER RAIL PLAN; REVIEW.
3.1 		Subdivision 1.Advanced corridor plan; public
3.2 	hearing. Before a final design plan is prepared for commuter
3.3 	rail facilities, the council must hold a public hearing on the
3.4 	physical design component of the advanced corridor plan.  The
3.5 	council must provide appropriate public notice of the hearing
3.6 	and publicity to ensure that affected parties have an
3.7 	opportunity to present their views at the hearing.  The council
3.8 	must summarize the proceedings and testimony and maintain the
3.9 	record of a hearing held under this subdivision, including any
3.10 	written statements submitted.
3.11 		Subd. 2.Physical design component; local participation.
 3.12 	At least 30 days before the hearing under subdivision 1, the
3.13 	council must submit the physical design component of the
3.14 	advanced corridor plan to the governing body of each statutory
3.15 	and home rule charter city, county, and town in which the route
3.16 	is to be located.  Within 45 days after the hearing under
3.17 	subdivision 1, the city, county, or town must review and comment
3.18 	on the physical design component.  Within 45 days of the
3.19 	hearing, a city or town must review and comment on the location
3.20 	and design of any station to be located in the city or town.  A
3.21 	city or town that negatively comments on a location or design
3.22 	must describe specific amendments to the plan that, if adopted,
3.23 	would cause the city or town to withdraw its negative comment.
3.24 	Failure to comment in writing within 45 days after the hearing
3.25 	is deemed to be acceptance of the physical design component
3.26 	unless an extension of time is agreed to by the council.
3.27 		Subd. 3.Modification of advanced corridor plan. After
3.28 	the hearing under subdivision 1, and after the receipt of any
3.29 	comments under subdivision 2, the council must consider the
3.30 	comments and any proposed amendments and may modify the advanced
3.31 	corridor plan accordingly.
3.32 		Subd. 4.Advanced corridor plan; metropolitan planning
3.33 	organization review. Before constructing commuter rail
3.34 	facilities, the council must submit the advanced corridor plan
3.35 	to each metropolitan planning organization outside the
3.36 	metropolitan area in which the route is to be located.  The
4.1 	metropolitan planning organization must hold a hearing on the
4.2 	plan allowing the council, local governmental units, and other
4.3 	persons to present their views as to whether the plan is
4.4 	consistent with the metropolitan planning organization's
4.5 	development guide.  Within 60 days after the hearing, the
4.6 	metropolitan planning organization must review the plan
4.7 	submitted by the council to determine whether it is consistent
4.8 	with the development guide.  If the plan is consistent with its
4.9 	development guide, the metropolitan planning organization must
4.10 	approve it.  If the plan is not consistent with its development
4.11 	guide, the metropolitan planning organization must submit to the
4.12 	council proposed amendments to the plan to make it consistent
4.13 	with the metropolitan planning organization's development
4.14 	guide.  The council must consider and may incorporate the
4.15 	proposed amendments into the final design plan.
4.16 		Subd. 5.Commuter rail corridor coordinating
4.17 	committee. (a) For each proposed commuter rail line, the
4.18 	council must establish a commuter rail corridor coordinating
4.19 	committee to advise the council on issues relating to the
4.20 	alternatives analysis, environmental review, advanced corridor
4.21 	planning, preliminary engineering, final design, implementation
4.22 	method, construction, public involvement, land use, service, and
4.23 	safety for the proposed line.  A commuter rail corridor
4.24 	coordinating committee must consist of:
4.25 	(1) one member representing each significant funding
4.26 	partner in whose jurisdiction the corridor is located;
4.27 	(2) one member appointed by each county in which the
4.28 	corridor is located;
4.29 	(3) one member appointed by each city in which the advanced
4.30 	corridor plan indicates that a station may be located;
4.31 	(4) two members appointed by the council, one of whom must
4.32 	be designated by the council as the chair of the committee;
4.33 	(5) one member appointed by each metropolitan planning
4.34 	organization through which the commuter rail corridor may pass;
4.35 	and 
4.36 	(6) one member appointed by the president of the University
5.1 	of Minnesota, if the proposed corridor provides direct service
5.2 	to the university.
5.3 	(b) Notwithstanding section 15.059, subdivision 5, a
5.4 	coordinating committee established under this section does not
5.5 	expire.
5.6 	(c) A joint powers board existing on April 1, 1999,
5.7 	consisting of local governments along a proposed commuter rail
5.8 	corridor, must perform the functions set forth in paragraph (a)
5.9 	in place of a coordinating committee.

5.10 	Sec. 4. [473.4045] FEDERAL AND OTHER FUNDING; COMMUTER
5.11 	RAIL.
5.12 	In cooperation with appropriate metropolitan planning
5.13 	organizations, the council may apply for funding from federal,
5.14 	state, regional, local, and private sources for commuter rail
5.15 	facility construction, operation, implementation, maintenance,
5.16 	and improvement.

5.17 	Sec. 5. TRANSITION PROVISION.
 5.18 	All required processes or activities for a proposed
5.19 	commuter rail corridor, including all requirements under section
5.20 	174.86, that have been completed by the commissioner of
5.21 	transportation, either directly or pursuant to a memorandum of
5.22 	understanding or other agreement, or by other entities are
5.23 	deemed to have been completed for the purposes of the council's
5.24 	development of that corridor and need not be repeated by the
5.25 	council.

5.26 	Sec. 6. EFFECTIVE DATE.
 5.27 	Sections 1 to 4 are effective the day following final
5.28 	enactment.