HF 3490

1st Committee Engrossment - 86th Legislature (2009 - 2010) Posted on 03/19/2013 07:29pm

1.1A bill for an act

1.2relating to transportation; establishing requirements governing capital requests
1.3and legislative reporting for projects to establish fixed guideway transit and
1.4rail lines;amending Minnesota Statutes 2008, section 16A.11, subdivision 3a;
1.5Minnesota Statutes 2009 Supplement, section 16A.86, subdivision 3a; proposing
1.6coding for new law in Minnesota Statutes, chapter 174.
1.7BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

1.8    Section 1. Minnesota Statutes 2008, section 16A.11, subdivision 3a, is amended to read:
1.9    Subd. 3a. Part three: detailed capital budget. The detailed capital budget must
1.10include recommendations for capital projects to be funded during the next six fiscal
1.11years, and must meet the requirements under section 174.93, subdivision 2. It must be
1.12submitted with projects recommended by the governor and in order of importance among
1.13that agency's requests as determined by the agency originating the request.

1.14    Sec. 2. Minnesota Statutes 2009 Supplement, section 16A.86, subdivision 3a, is
1.15amended to read:
1.16    Subd. 3a. Information provided. All requests for state assistance under this section
1.17must include the following information:
1.18(1) the name of the political subdivision that will own the capital project for which
1.19state assistance is being requested;
1.20(2) the public purpose of the project;
1.21(3) the extent to which the political subdivision has or expects to provide local,
1.22private, user financing, or other nonstate funding for the project;
2.1(4) a list of the bondable activities that the project encompasses; examples of
2.2bondable activities are public improvements of a capital nature for land acquisition,
2.3predesign, design, construction, and furnishing and equipping for occupancy;
2.4(5) whether the project will require new or additional state operating subsidies;
2.5(6) whether the governing body of the political subdivision requesting the project
2.6has passed a resolution in support of the project and has established priorities for all
2.7projects within its jurisdiction for which bonding appropriations are requested when
2.8submitting multiple requests; and
2.9(7) if the project requires a predesign under section 16B.335, whether the predesign
2.10has been completed at the time the capital project request is submitted, and whether
2.11the political subdivision has submitted the project predesign to the commissioner of
2.12administration for review and approval; and
2.13(8) if applicable, the information required under section 174.93, subdivision 2.

2.14    Sec. 3. [174.93] GUIDEWAYS; INVESTMENT CAPACITY.
2.15    Subdivision 1. Definitions. (a) For purposes of this section, the following terms
2.16have the meanings given:
2.17(1) "commissioner" means the commissioner of transportation;
2.18(2) "guideway" means a form of transportation service provided to the public on a
2.19regular and ongoing basis, that operates on exclusive or controlled rights-of-way or rails
2.20in whole or in part, and includes each line for intercity passenger rail, commuter rail, light
2.21rail transit, streetcars, and bus rapid transit; and
2.22(3) "local unit of government" means a county, statutory or home rule charter city,
2.23town, or other political subdivision, including but not limited to a regional railroad
2.24authority or joint powers board.
2.25(b) For purposes of this section, "sources of funds" includes, but is not limited to,
2.26money from federal aid, state appropriations, the Metropolitan Council, special taxing
2.27districts, local units of government, fare box recovery, and nonpublic sources.
2.28(c) For purposes of this section, "budget activity" includes, but is not limited
2.29to, environmental analysis, land acquisition, easements, design, preliminary and
2.30final engineering, acquisition of vehicles and rolling stock, track improvement and
2.31rehabilitation, and construction.
2.32    Subd. 2. Capital project requests to legislature. A state agency or local unit of
2.33government that submits a request to the legislature to obtain state funds for a guideway
2.34project, shall as part of the request provide a summary financial plan that presents the
3.1following information reflecting the level of detail available in the current phase of project
3.2development:
3.3(1) capital expenditures and funding sources for the project, including expenditures
3.4to date and total projected expenditures, with a breakdown by committed and proposed
3.5sources of funds for the project; and
3.6(2) estimated annual operations and maintenance expenditures for the project, with a
3.7breakdown by committed and proposed sources of funds for the project.
3.8    Subd. 3. Legislative report. (a) By November 15 in every odd-numbered year, the
3.9commissioner shall prepare, in collaboration with the Metropolitan Council, and submit a
3.10report electronically to the members of the house of representatives and senate committees
3.11with jurisdiction over transportation policy and finance concerning the status of guideway
3.12projects (1) currently in study, planning, development, or construction; (2) identified in the
3.13transportation policy plan under section 473.146; or (3) identified in the comprehensive
3.14statewide freight and passenger rail plan under section 174.03, subdivision 1b.
3.15(b) At a minimum, the report must include, for each guideway project:
3.16(1) a brief description of the project, including projected ridership;
3.17(2) a summary of the overall status and current phase of the project;
3.18(3) a timeline that includes (i) project phases or milestones, (ii) expected and known
3.19dates of commencement of each phase or milestone, and (iii) expected and known dates
3.20of completion of each phase or milestone;
3.21(4) a brief progress update on specific project phases or milestones completed since
3.22the last previous submission of a report under this subdivision; and
3.23(5) a summary financial plan that identifies, to the extent available:
3.24(i) capital expenditures, including expenditures to date and total projected
3.25expenditures, with a breakdown by committed and proposed sources of funds for the
3.26project;
3.27(ii) estimated annual operations and maintenance expenditures, with a breakdown by
3.28committed and proposed sources of funds for the project; and
3.29(iii) project expenditures by budget activity.
3.30(c) The report must also include a systemwide capacity analysis for investment in
3.31guideway expansion and maintenance that:
3.32(1) provides a projection, annually over the ensuing 20 years, and with a breakdown
3.33by committed and proposed sources of funds, of:
3.34(i) total capital expenditures for guideways;
3.35(ii) total operations and maintenance expenditures for guideways;
3.36(iii) total funding available for guideways; and
4.1(iv) total funding available for transit service in the metropolitan area; and
4.2(2) evaluates the availability of funds, and distribution of sources of funds, for
4.3guideway investments.
4.4(d) The projection under paragraph (c), clause (1), must be for all guideway lines
4.5for which state funds are reasonably expected to be expended in planning, development,
4.6construction, or revenue operation during the ensuing 20 years.
4.7(e) Local units of government shall provide assistance and information in a timely
4.8manner as requested by the council or commissioner for completion of the report.