HF 3538

1st Engrossment - 81st Legislature (1999 - 2000) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act
  1.2             relating to capital improvements; authorizing spending 
  1.3             to acquire and to better public land and buildings and 
  1.4             other public improvements of a capital nature; for 
  1.5             grants to cities along the DM&E railroad for 
  1.6             mitigation purposes; authorizing issuance of bonds; 
  1.7             establishing a multiagency work group to study effects 
  1.8             of the DM&E expansion proposal; appropriating money. 
  1.9   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.10     Section 1.  [APPROPRIATION.] 
  1.11     (a) $5,000,000 is appropriated from the bond proceeds fund 
  1.12  to the commissioner of transportation for grants to the cities 
  1.13  and counties in proportions provided in this section for 
  1.14  mitigation of the adverse impacts of the increased railroad 
  1.15  activity within the DM&E railroad corridor.  Mitigation measures 
  1.16  may include, but are not limited to:  traffic crossing safety 
  1.17  improvements; traffic/train vehicle conflict reduction measures 
  1.18  such as grade separations or improvements to connecting streets 
  1.19  to redirect traffic to other crossings; pedestrian safety 
  1.20  measures; noise mitigation measures including, but not limited 
  1.21  to, sound walls, the construction of berms, acquisition or 
  1.22  relocation of the most severely impacted properties, 
  1.23  whistle-free crossing improvements, directional horns for train 
  1.24  crossings, and other measures to reduce noise impacts on 
  1.25  adjacent properties; improvements to emergency services 
  1.26  operations designed to reduce emergency response time including, 
  1.27  but not limited to, advance train warning systems and 
  2.1   construction of emergency services facilities (fire, police, and 
  2.2   ambulance) to improve response time.  This appropriation is not 
  2.3   available until (1) the DM&E railroad project has been approved 
  2.4   by the federal Surface Transportation Board, and (2) actual 
  2.5   construction of the railroad project has begun. 
  2.6      (b) Of the amount appropriated in paragraph (a), $2,500,000 
  2.7   must be allocated to each city in proportion to the city's 
  2.8   population based on the most recent estimate or census count by 
  2.9   the state demographer.  The cities are Winona, Goodview, 
  2.10  Stockton, Lewiston, Utica, St. Charles, Dover, Eyota, Rochester, 
  2.11  Byron, Kasson, Dodge Center, Claremont, Owatonna, Waseca, 
  2.12  Janesville, Eagle Lake, Mankato, New Ulm, Sleepy Eye, Cobden, 
  2.13  Springfield, Sanborn, Lamberton, Revere, Walnut Grove, Tracy, 
  2.14  Garvin, Balaton, Tyler, and Lake Benton. 
  2.15     (c) Of the amount appropriated in paragraph (a), $2,500,000 
  2.16  must be allocated to each city listed above, and to the counties 
  2.17  of Winona, Olmsted, Dodge, Steele, Waseca, Blue Earth, Brown, 
  2.18  Redwood, Lyon, and Lincoln, in proportion to each city's and 
  2.19  county's total traffic exposures, as determined by the 
  2.20  commissioner of transportation. "City's total traffic exposure" 
  2.21  means the average daily vehicle traffic multiplied by the number 
  2.22  of trains per day at any state, city, or county road crossing 
  2.23  within the city's limits. "County's total traffic exposure" 
  2.24  means the average daily vehicle traffic multiplied by the number 
  2.25  of trains per day at any state, county, or township road 
  2.26  crossing within the county and outside of any city.  
  2.27     Sec. 2.  [BOND SALE.] 
  2.28     To provide the money appropriated in section 1 from the 
  2.29  bond proceeds fund, the commissioner of finance, on request of 
  2.30  the governor, shall sell and issue bonds of the state in an 
  2.31  amount up to $5,000,000 in the manner, on the terms, and with 
  2.32  the effect prescribed by Minnesota Statutes, sections 16A.631 to 
  2.33  16A.675, and by the Minnesota Constitution, article XI, sections 
  2.34  4 to 7. 
  2.35     Sec. 3.  [WORKING GROUP.] 
  2.36     The commissioners of agriculture and transportation shall 
  3.1   convene a multiagency work group to assess the economic, social, 
  3.2   and environmental impact of the DM&E rail line expansion. 
  3.3      This team shall develop recommendations to the 
  3.4   commissioners and the legislature of how to maximize 
  3.5   opportunities to move Minnesota products to market while 
  3.6   minimizing environmental, social, and other public costs. 
  3.7      Included in the assessment and recommendations shall be 
  3.8   methods to: 
  3.9      (1) maximize the volume of Minnesota products shipped on 
  3.10  the DM&E line; 
  3.11     (2) assure appropriate environmental protections are used 
  3.12  to minimize land use, protect wetlands, and mitigate noise or 
  3.13  other environmental impacts; 
  3.14     (3) fully involve local units of government in siting 
  3.15  issues and right-of-way acquisition; and 
  3.16     (4) determine what direct and indirect costs are likely to 
  3.17  accrue to local units of government and private property owners. 
  3.18     The commissioners shall directly negotiate with the rail 
  3.19  line to assure timely access for Minnesota shippers and to 
  3.20  assure minimal environmental and social impact.  The 
  3.21  commissioners shall also report to the legislature on the 
  3.22  project costs to local units of government for mitigations, 
  3.23  right-of-way acquisitions, crossing safety, or any other direct 
  3.24  impacts of the expansion.  
  3.25     Sec. 4.  [APPROPRIATION.] 
  3.26     $250,000 is appropriated from the general fund to the 
  3.27  commissioner of transportation for the purposes of section 3. 
  3.28     Sec. 5.  [EFFECTIVE DATE.] 
  3.29     Sections 1 to 4 are effective the day following final 
  3.30  enactment.