HF 3172

as introduced - 80th Legislature (1997 - 1998) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act
  1.2             relating to transportation; establishing a 
  1.3             metropolitan transit authority; establishing a 
  1.4             commuter rail fund; appropriating money; amending 
  1.5             Minnesota Statutes 1996, sections 473.129, by adding a 
  1.6             subdivision; and 473.166; proposing coding for new law 
  1.7             as Minnesota Statutes, chapter 473I. 
  1.8   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.9      Section 1.  Minnesota Statutes 1996, section 473.129, is 
  1.10  amended by adding a subdivision to read: 
  1.11     Subd. 11.  [COOPERATION WITH METROPOLITAN TRANSIT 
  1.12  AUTHORITY.] The metropolitan council shall cooperate with the 
  1.13  metropolitan transit authority to ensure the development of 
  1.14  alternatives to highway commuter transportation in the 
  1.15  metropolitan area.  To the extent practicable, the metropolitan 
  1.16  council shall allocate federal ISTEA money to support 
  1.17  implementation of commuter rail in the metropolitan area. 
  1.18     Sec. 2.  Minnesota Statutes 1996, section 473.166, is 
  1.19  amended to read: 
  1.20     473.166 [CONTROLLED ACCESS; TRANSIT FIXED-GUIDEWAY; COUNCIL 
  1.21  APPROVAL.] 
  1.22     Before acquiring land for or constructing a controlled 
  1.23  access highway or transit fixed-guideway in the area, or 
  1.24  establishing a commuter rail service, as defined in section 
  1.25  473I.01, subdivision 3, the state transportation department or, 
  1.26  local government unit, or the metropolitan transit authority 
  2.1   proposing the acquisition or, construction, or service, shall 
  2.2   submit to the council a statement describing the proposed 
  2.3   project.  The statement must be in the form and detail required 
  2.4   by the council.  The council shall review the statement to 
  2.5   ascertain its consistency with its policy plan and the 
  2.6   development guide.  No project may be undertaken unless the 
  2.7   council determines that it is consistent with the policy plan.  
  2.8   This approval is in addition to the requirements of any other 
  2.9   statute, ordinance or rule. 
  2.10     Sec. 3.  [473I.01] [DEFINITIONS.] 
  2.11     Subdivision 1.  [APPLICATION.] For the purposes of this 
  2.12  chapter, the terms defined in this section have the meanings 
  2.13  given them, except as otherwise expressly provided or indicated 
  2.14  by the context. 
  2.15     Subd. 2.  [CHAPTER 473.] The definitions in section 473.121 
  2.16  apply to this chapter. 
  2.17     Subd. 3.  [COMMUTER RAIL.] "Commuter rail" means rail 
  2.18  transportation for the movement of commuters into and out of, as 
  2.19  well as within the metropolitan area, and includes heavy rail 
  2.20  transportation for commuters and light rail transit, but does 
  2.21  not include freight or other long-distance passenger rail. 
  2.22     Subd. 4.  [LOCAL GOVERNMENTAL UNIT.] "Local governmental 
  2.23  unit" means a statutory or home rule charter city, town, or 
  2.24  county in the metropolitan area. 
  2.25     Subd. 5.  [METROPOLITAN TRANSIT AUTHORITY; 
  2.26  AUTHORITY.] "Metropolitan transit authority" or "authority" 
  2.27  means the authority established in section 473I.03. 
  2.28     Subd. 6.  [TRANSIT.] "Transit" means transportation of 
  2.29  passengers for hire by any person operating on a regular and 
  2.30  continuing basis on fixed routes and schedules. 
  2.31     Sec. 4.  [473I.02] [PURPOSE.] 
  2.32     The metropolitan transit authority is established to: 
  2.33     (1) reduce highway congestion by promoting viable 
  2.34  alternative commuter transportation; 
  2.35     (2) increase productivity of individuals and organizations 
  2.36  by providing transportation alternatives that reduce commute 
  3.1   times and allow passengers to work while in transit; 
  3.2      (3) provide better transportation to and from the economic 
  3.3   centers of the metropolitan area, including the University of 
  3.4   Minnesota; 
  3.5      (4) increase density of land uses in urbanized areas by 
  3.6   coordinating transportation and land use; and 
  3.7      (5) reduce climate-changing gases by providing and 
  3.8   promoting alternative transportation to the automobile. 
  3.9      Sec. 5.  [473I.03] [METROPOLITAN TRANSIT AUTHORITY.] 
  3.10     Subdivision 1.  [MEMBERSHIP.] A metropolitan transit 
  3.11  authority is established and consists of 15 members, appointed 
  3.12  for terms as follows: 
  3.13     (1) seven county commissioners, one appointed from each of 
  3.14  Anoka, Carver, Dakota, Hennepin, Ramsey, Scott, and Washington 
  3.15  counties by the respective county commissions, to serve terms 
  3.16  coterminous with their terms as county commissioners; 
  3.17     (2) the mayor, or the mayor's designee, of the cities of 
  3.18  Minneapolis, St. Paul, and Bloomington, to serve terms 
  3.19  coterminous with the term of the mayor; 
  3.20     (3) three representatives of cities in the metropolitan 
  3.21  area, other than Minneapolis, St. Paul, and Bloomington, 
  3.22  appointed by the Association of Metropolitan Municipalities, to 
  3.23  serve three-year terms; and 
  3.24     (4) the commissioners of trade and economic development and 
  3.25  transportation, or their designees, to serve terms coterminous 
  3.26  with their appointments as commissioners. 
  3.27     Subd. 2.  [CHAIR; OTHER OFFICERS.] The members shall select 
  3.28  from among the membership a person to serve as chair for a term 
  3.29  as provided for by the authority in its bylaws.  The authority 
  3.30  shall appoint other officers as provided for in its bylaws. 
  3.31     Subd. 3.  [COMPENSATION.] Members of the authority shall be 
  3.32  compensated as provided in section 15.0575, subdivision 3. 
  3.33     Subd. 4.  [BUDGET.] The authority shall adopt a budget for 
  3.34  each state fiscal year that includes revenue and expenditures 
  3.35  for administration, including compensation for members and 
  3.36  staff, as well as for commuter rail and other transit 
  4.1   development and implementation. 
  4.2      Sec. 6.  [473I.04] [POWERS AND DUTIES.] 
  4.3      Subdivision 1.  [GENERAL POWERS.] The authority shall have 
  4.4   and exercise all powers which may be necessary or convenient to 
  4.5   enable it to perform and carry out the duties and 
  4.6   responsibilities now existing or which may hereafter be imposed 
  4.7   upon it by law.  Powers include the specific powers enumerated 
  4.8   in this section. 
  4.9      Subd. 2.  [IMPLEMENTATION OF RAIL TRANSIT.] The authority 
  4.10  shall establish and operate commuter rail transportation in the 
  4.11  metropolitan area.  The authority shall ensure that the commuter 
  4.12  rail service lines will interface with each other and public 
  4.13  transit service to provide commuters and transit users a 
  4.14  well-integrated and efficient service. 
  4.15     Subd. 3.  [EMPLOYEES.] The authority shall appoint a chief 
  4.16  administrator, as provided in section 473I.05, who may appoint 
  4.17  other employees as provided by the authority.  The authority 
  4.18  shall prescribe all terms and conditions for the employment of 
  4.19  its employees including, but not limited to, adopting a 
  4.20  compensation and classification plan for its employees.  
  4.21  Employees of the authority are public employees and are members 
  4.22  of the Minnesota state retirement system.  Those employed by a 
  4.23  predecessor of the authority and transferred to it, may, at 
  4.24  their option, become members of the Minnesota state retirement 
  4.25  system or may continue as members of the public retirement 
  4.26  association to which they belonged as employees of the 
  4.27  predecessor of the authority.  The authority shall make the 
  4.28  employer's contributions to pension funds of its employees. 
  4.29     Subd. 4.  [CONSULTING CONTRACTS.] The authority may 
  4.30  contract for the services of consultants who perform 
  4.31  engineering, legal, or services of a professional nature.  The 
  4.32  contracts are not subject to the requirements of any law 
  4.33  relating to public bidding. 
  4.34     Subd. 5.  [GIFTS AND APPROPRIATIONS.] The authority may 
  4.35  accept gifts, apply for and use grants or loans of money or 
  4.36  other property from the United States, the state, or any person 
  5.1   for any authority purpose, and may enter into agreements 
  5.2   required in connection therewith and may hold, use, and dispose 
  5.3   of such money or property in accordance with the terms of the 
  5.4   gift, grant, loan, or agreement relating thereto. 
  5.5      Subd. 6.  [PROPERTY.] The authority may acquire, own, hold, 
  5.6   use, improve, operate, maintain, lease, exchange, transfer, 
  5.7   sell, or otherwise dispose of personal or real property, 
  5.8   franchises, easements, or property rights or interests of any 
  5.9   kind. 
  5.10     Subd. 7.  [EMINENT DOMAIN.] The authority has the power of 
  5.11  eminent domain to acquire property necessary for implementation 
  5.12  and operation of commuter rail in the metropolitan area.  In 
  5.13  exercising the power of eminent domain, the authority shall pay 
  5.14  relocation costs as required in section 117.52. 
  5.15     Subd. 8.  [INSURANCE.] The authority may provide for 
  5.16  self-insurance or otherwise provide for insurance relating to 
  5.17  any of its property, rights, or revenue, workers' compensation, 
  5.18  public liability, or any other risk or hazard arising from its 
  5.19  activities, and may provide for insuring any of its officers or 
  5.20  employees against the risk or hazard at the expense of the 
  5.21  authority.  If the authority provides for self-insurance, 
  5.22  against its liability and the liability of its officers, 
  5.23  employees, and agents for damages resulting from its torts and 
  5.24  those of its officers, employees, and agents, including its 
  5.25  obligation to pay basic economic loss benefits under sections 
  5.26  65B.41 to 65B.71, it shall be entitled to deduct from damages 
  5.27  and basic economic loss benefits all money paid or payable to 
  5.28  the persons seeking damages and benefits from all governmental 
  5.29  entities providing medical, hospital, and disability benefits 
  5.30  except for payments made under the temporary assistance for 
  5.31  needy families or medical assistance programs. 
  5.32     Subd. 9.  [INVESTIGATIONS.] When necessary and proper to 
  5.33  the performance of its duties, the authority may enter in a 
  5.34  reasonable manner upon any premises for the purpose of making 
  5.35  any reasonably necessary or proper investigations and 
  5.36  examinations.  The entry is not a trespass.  The authority is 
  6.1   liable for any actual and consequential loss, injury, or damage 
  6.2   from the entry.  When necessary and proper to the performance of 
  6.3   its duties, the authority or its authorized agents may require 
  6.4   the production of accounts, books, records, memoranda, 
  6.5   correspondence, and other documents and papers of a person 
  6.6   receiving financial assistance from the authority, may inspect 
  6.7   and copy them, and may have access to and may inspect the lands, 
  6.8   buildings, facilities, or equipment of the person. 
  6.9      Subd. 10.  [ACTIONS.] The authority may sue and be sued. 
  6.10     Subd. 11.  [AUDIT.] The authority must be audited at least 
  6.11  once each year.  The authority may elect to be audited by a 
  6.12  certified public accountant or by the state auditor.  The audit 
  6.13  report must be filed as provided in section 3.195, subdivision 
  6.14  1, paragraph (a). 
  6.15     Subd. 12.  [COOPERATION; ALTERNATIVES TO HIGHWAYS.] The 
  6.16  authority shall work cooperatively with other transportation 
  6.17  planning and implementation agencies in the metropolitan area.  
  6.18  In particular, the authority and the commissioner of 
  6.19  transportation must cooperate to ensure the development of 
  6.20  alternatives to highway commuter transportation in the 
  6.21  metropolitan area. 
  6.22     Subd. 13.  [BYLAWS.] The authority shall adopt bylaws 
  6.23  governing its administration, including meetings and selection 
  6.24  of officers. 
  6.25     Subd. 14.  [ADVISORY COMMITTEES.] The authority may 
  6.26  establish and appoint persons to advisory committees to assist 
  6.27  the authority in the performance of its duties.  Members of the 
  6.28  advisory committees shall serve without compensation but shall 
  6.29  be reimbursed for their reasonable expenses as determined by the 
  6.30  authority. 
  6.31     Sec. 7.  [473I.05] [CHIEF ADMINISTRATOR.] 
  6.32     The authority shall appoint a chief administrator to serve 
  6.33  at the authority's pleasure as the principal administrative 
  6.34  officer for the authority.  The chief administrator shall 
  6.35  organize the work of the authority's staff.  The chief 
  6.36  administrator shall appoint on the basis of merit and fitness, 
  7.1   and discipline and discharge all employees in accordance with 
  7.2   the authority's personnel policy.  The chief administrator must 
  7.3   ensure that all policy decisions of the authority are carried 
  7.4   out.  The chief administrator shall attend meetings of the 
  7.5   authority and may take part in discussions but may not vote.  
  7.6   The chief administrator shall recommend to the authority for 
  7.7   adoption measures deemed necessary for efficient administration 
  7.8   of the authority, keep the authority fully apprised of the 
  7.9   financial condition of the authority, and prepare and submit an 
  7.10  annual budget to the authority for approval.  The chief 
  7.11  administrator shall prepare and submit for approval by the 
  7.12  authority an administrative code organizing and codifying the 
  7.13  policies of the authority and perform other duties as prescribed 
  7.14  by the authority.  The chief administrator may be chosen from 
  7.15  among the citizens of the nation at large and shall be selected 
  7.16  on the basis of training and experience in public administration.
  7.17     Sec. 8.  [473I.06] [LOCAL GOVERNMENT RESPONSIBILITIES.] 
  7.18     Local governmental units and the authority shall work 
  7.19  together to finance and plan rail stations along rail corridors 
  7.20  developed by the authority.  Rail stations must meet the 
  7.21  standards established by the authority and the commissioner of 
  7.22  transportation. 
  7.23     Sec. 9.  [473I.07] [COMMUTER RAIL FUND.] 
  7.24     Subdivision 1.  [ESTABLISHED.] The authority shall 
  7.25  establish a commuter rail fund and shall spend money 
  7.26  appropriated to the authority for the fund on commuter rail 
  7.27  planning and implementation in the metropolitan area. 
  7.28     Subd. 2.  [FUND USES.] The authority shall allocate money 
  7.29  from the fund to projects based on each project's ability to 
  7.30  address the authority's purposes.  Service to the University of 
  7.31  Minnesota shall be one priority.  The authority may spend money 
  7.32  in the fund to match federal funds made available for commuter 
  7.33  rail.  The authority shall spend money in the fund only for 
  7.34  commuter rail that will provide lines that interface with each 
  7.35  other and other transit to provide the most efficient service. 
  7.36     Sec. 10.  [INITIAL FACILITIES; STAFFING.] 
  8.1      The commissioner of transportation shall provide the 
  8.2   authority established in Minnesota Statutes, section 473I.03, 
  8.3   administrative and staff support and facilities until the 
  8.4   authority establishes its initial budget and work program and 
  8.5   has hired a chief administrator. 
  8.6      Sec. 11.  [2000 LEGISLATION.] 
  8.7      The authority, with assistance from the metropolitan 
  8.8   council and the commissioner of transportation, shall propose 
  8.9   conforming legislation for consideration by the 2000 legislature.
  8.10  The proposed legislation must transfer from the council to the 
  8.11  authority, among other things: 
  8.12     (1) metro transit operations, and all other metropolitan 
  8.13  area transit coordination, contracting, operations, and 
  8.14  financing, including the council's transit property tax levy 
  8.15  authority; 
  8.16     (2) administration of the ridesharing program in the 
  8.17  metropolitan area; 
  8.18     (3) metro mobility; 
  8.19     (4) responsibility for establishing, monitoring, and 
  8.20  maintaining regional transit performance standards, including 
  8.21  standards for commuter rail; and 
  8.22     (5) all outstanding transit capital bonding authority and 
  8.23  obligations. 
  8.24     Sec. 12.  [APPROPRIATION.] 
  8.25     $....... is appropriated from the general fund to the 
  8.26  metropolitan transit authority for fiscal year 1999 and is 
  8.27  available until expended.  The appropriation is for 
  8.28  implementation of commuter rail in the metropolitan area. 
  8.29     Sec. 13.  [APPLICATION.] 
  8.30     This act applies in the counties of Anoka, Carver, Dakota, 
  8.31  Hennepin, Ramsey, Scott, and Washington. 
  8.32     Sec. 14.  [EFFECTIVE DATE.] 
  8.33     This act is effective January 1, 1999.