HF 3173

as introduced - 86th Legislature (2009 - 2010) Posted on 02/25/2010 08:34am

A bill for an act
relating to railroads; exempting certain railroad property from storm sewer
or storm water utility assessments, levies, or charges; amending Minnesota
Statutes 2008, sections 218.011, by adding a subdivision; 444.075, by adding
a subdivision; 444.20; proposing coding for new law in Minnesota Statutes,
chapter 429.

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

Section 1.

Minnesota Statutes 2008, section 218.011, is amended by adding a
subdivision to read:

new text begin Subd. 10a. new text end

new text begin Community-based railroad. new text end

new text begin "Community-based railroad" means a
railroad company engaged in rail transportation as common carrier for hire, that is (1) a
class II or class III railroad, as defined in Code of Federal Regulations, title 49, part 1201,
general instruction 1-1, or (2) a switching and terminal railroad.
new text end

Sec. 2.

new text begin [429.055] RAILROADS; STORM SEWER SYSTEM EXEMPTION.
new text end

new text begin Railroad tracks and associated rights-of-way, switching yards, bridges, and trestles
owned by a community-based railroad, as defined in section 218.011, subdivision 10a,
are exempt from a levy, special assessment, or charge for storm sewer and storm water
handling systems under this chapter.
new text end

Sec. 3.

Minnesota Statutes 2008, section 444.075, is amended by adding a subdivision
to read:

new text begin Subd. 3m. new text end

new text begin Storm water charges; exemption. new text end

new text begin Railroad tracks and associated
rights-of-way, switching yards, bridges, and trestles owned by a community-based
railroad, as defined in section 218.011, subdivision 10a, are exempt from a levy or charge
for storm sewers under this section.
new text end

Sec. 4.

Minnesota Statutes 2008, section 444.20, is amended to read:

444.20 TAXES.

new text begin Subdivision 1. new text end

new text begin Levy. new text end

The governing body of a municipality may levy a tax on all
taxable property within the district in an amount necessary to finance the cost of the
improvement, including maintenance and to pay the principal and interest on obligations
issued pursuant to section 444.19. The tax shall be collected and paid over as other taxes,
but shall be spread only upon the property described in the ordinance. The tax shall be
disbursed by the governing body only for the benefit of district as established by the
ordinance.

new text begin Subd. 2. new text end

new text begin Exemption. new text end

new text begin Railroad tracks and associated rights-of-way, switching yards,
bridges, and trestles owned by a community-based railroad, as defined in section 218.011,
subdivision 10a, are exempt from a levy or charge under this section.
new text end