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HF 3744

as introduced - 89th Legislature (2015 - 2016) Posted on 03/31/2016 12:32pm

KEY: stricken = removed, old language.
underscored = added, new language.

Bill Text Versions

Engrossments
Introduction Posted on 03/31/2016

Current Version - as introduced

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A bill for an act
relating to transportation; governing fixed guideway transit project development;
establishing requirements for streetcars and certain bus rapid transit projects;
amending municipal consent; amending permitted allocation of certain
transportation sales tax revenues; amending Minnesota Statutes 2014, sections
174.86, subdivision 2, by adding subdivisions; 174.93, subdivision 1; 297A.992,
subdivision 6; 473.3993, by adding a subdivision; 473.3994, subdivision 4, by
adding a subdivision.

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

Section 1.

Minnesota Statutes 2014, section 174.86, subdivision 2, is amended to read:


Subd. 2.

deleted text begin Physical design component; local participationdeleted text end new text begin Advanced corridor
plan; local approval
new text end .

At least 30 days before the hearing under subdivision 1, the
commissioner shall submit the physical design component of the advanced corridor plan
to the governing body of each statutory and home rule charter city, county, and town
in which the route isnew text begin proposednew text end to be located. Within 45 days after the hearing under
subdivision 1, the city, county, or town shall review and deleted text begin comment on the plan. Within
45 days of the hearing, a city or town shall
deleted text end new text begin eithernew text end approve or disapprove the deleted text begin location
and design of the station
deleted text end new text begin plannew text end to deleted text begin be locateddeleted text end new text begin locate the routenew text end in the citynew text begin , county,new text end or town.
A deleted text begin city or towndeleted text end new text begin local unit of governmentnew text end that disapprovesnew text begin the plannew text end shall describe specific
amendments to the plan that, if adopted, would cause the deleted text begin city or towndeleted text end new text begin local unitnew text end to
withdraw its disapproval. Failure to deleted text begin commentdeleted text end new text begin approve or disapprove the plannew text end in writing
within 45 days after the hearing is deemed to be deleted text begin accepteddeleted text end new text begin an approval,new text end unless an extension
of time is agreed to by the deleted text begin metropolitan planning organizationdeleted text end new text begin local unit of governmentnew text end
and the commissioner of transportation.

Sec. 2.

Minnesota Statutes 2014, section 174.86, is amended by adding a subdivision
to read:


new text begin Subd. 2a. new text end

new text begin Advanced corridor plan; disapproval. new text end

new text begin (a) If the governing body of one
or more cities, counties, or towns disapproves the advanced corridor plan within the period
allowed under subdivision 2, the commissioner shall hold a hearing on the plans, giving
any disapproving local governmental units and other persons an opportunity to present
views on the plans. A metropolitan planning organization having jurisdiction over an area
in which the proposed route is located may (1) conduct an independent study as it deems
desirable, and (2) mediate and attempt to resolve disagreements about the plan.
new text end

new text begin (b) Within 60 days after the hearing under paragraph (a), the commissioner shall
review the plans and decide:
new text end

new text begin (1) to amend the plan to accommodate the objections presented by the disapproving
local governmental units;
new text end

new text begin (2) to not proceed with the project; or
new text end

new text begin (3) to refer the plans to an appeal board as provided in subdivision 6.
new text end

new text begin (c) The amended plans decided by the commissioner under paragraph (b), clause
(1), are subject to the same notice and hearing process requirements as specified under (1)
subdivisions 1 and 2, and (2) this subdivision as applicable.
new text end

new text begin (d) The commissioner is prohibited from continuing the planning and designing
process if a local governmental unit disapproves unless an appeal board under subdivision
6 approves the advanced corridor plan. An advanced corridor plan approved by an appeal
board under this paragraph is subject to any modifications specified by the board.
new text end

Sec. 3.

Minnesota Statutes 2014, section 174.86, is amended by adding a subdivision
to read:


new text begin Subd. 6. new text end

new text begin Appeal board. new text end

new text begin (a) An appeal board is established following advanced
corridor plan referral under subdivision 2a. An appeal board consists of one member
appointed by the commissioner, one member appointed jointly by the disapproving local
governmental units, and a third member agreed upon by both the commissioner and the
disapproving local governmental units.
new text end

new text begin (b) If the disapproving local governmental units cannot agree upon the member
jointly appointed by the governmental units within 14 days of design plans referral under
subdivision 2a, the metropolitan planning organization having jurisdiction over an area
in which the proposed route is located and that represents the largest population along
the proposed route shall appoint that member. If the commissioner and the disapproving
local governmental units cannot agree upon the third member within 14 days of design
plans referral under subdivision 2a, the metropolitan planning organization that represents
the largest population in which the route is proposed to be located shall appoint that
third member.
new text end

new text begin (c) Within 30 days after appointment of all appeal board members, the appeal board
shall hold a hearing at which the commissioner and any disapproving local governmental
units may present the case for or against approval of the referred advanced corridor plan.
Not later than 60 days after the hearing, the appeal board shall: (1) approve the plan; (2)
approve the plan with specified modifications; or (3) disapprove the plan. The board
may make additional recommendations consistent with state and federal requirements as
it deems appropriate. The board shall submit a written report containing its findings to
each metropolitan planning organization, the commissioner of transportation, and the
governing body of each statutory and home rule charter city, county, and town in which
the route is proposed to be located.
new text end

Sec. 4.

Minnesota Statutes 2014, section 174.93, subdivision 1, is amended to read:


Subdivision 1.

Definitions.

(a) For purposes of this section, the following terms
have the meanings given:

(1) "commissioner" means the commissioner of transportation;

(2) "guideway" means a form of transportation service provided to the public on a
regular and ongoing basis, thatnew text begin primarily or substantiallynew text end operates deleted text begin on exclusive ordeleted text end new text begin withinnew text end
controlled rights-of-way ornew text begin operates onnew text end rails deleted text begin in whole or in partdeleted text end , and includesnew text begin :
new text end

new text begin (i)new text end each line for intercity passenger rail, commuter rail, light rail transit,new text begin andnew text end
streetcarsdeleted text begin , anddeleted text end new text begin ;
new text end

new text begin (ii) highwaynew text end bus rapid transitnew text begin , express bus, or dedicated busway; and
new text end

new text begin (iii) any intermodal facilities serving two or more lines identified in items (i) and
(ii)
new text end ; and

(3) "local unit of government" means a county, statutory or home rule charter city,
town, or other political subdivision including, but not limited to, a regional railroad
authority or joint powers board.

(b) For purposes of this section, "sources of funds" includes, but is not limited to,
money from federal aid, state appropriations, the Metropolitan Council, special taxing
districts, local units of government, fare box recovery, and nonpublic sources.

(c) For purposes of this section, "budget activity" includes, but is not limited
to, environmental analysis, land acquisition, easements, design, preliminary and
final engineering, acquisition of vehicles and rolling stock, track improvement and
rehabilitation, and construction.

new text begin (d) Guideway does not include the following forms of bus service when it does
not substantially operate within controlled rights-of-way: arterial bus rapid transit,
limited-stop bus service, and express bus service.
new text end

new text begin (e) Controlled rights-of-way includes exclusive, dedicated, or primary use by the
public transportation service.
new text end

Sec. 5.

Minnesota Statutes 2014, section 297A.992, subdivision 6, is amended to read:


Subd. 6.

deleted text begin Allocation ofdeleted text end Grant awardsnew text begin ; use and allocation requirementsnew text end .

(a) The
board must allocate grant awards only for the following deleted text begin transitdeleted text end purposes:

new text begin (1) assistance for transitways, which may consist of:
new text end

(i) capital improvements to transitways, including, but not limited to, commuter rail
rolling stock, light rail vehicles, and transitway buses;

(ii) capital costs for park-and-ride facilities, as defined in section 174.256,
subdivision 2;

(iii) feasibility studies, planning, alternatives analyses, environmental studies,
engineering, property acquisition for transitway purposes, and construction of transitways;
and

(iv) operating assistance for transitwaysnew text begin ; or
new text end

new text begin (2) to a minimum guarantee county, a block grant for county highways if the county
has not identified a project that is eligible under clause (1)
new text end .

(b) The joint powers board must annually award grants to each minimum guarantee
county in an amount no less than the amount of sales tax revenue collected within that
county.

(c) No more than 1.25 percent of the total awards may be annually allocated for
planning, studies, design, construction, maintenance, and operation of pedestrian programs
and bicycle programs and pathways.

Sec. 6.

Minnesota Statutes 2014, section 473.3993, is amended by adding a subdivision
to read:


new text begin Subd. 5. new text end

new text begin Subregional guideway. new text end

new text begin "Subregional guideway" means "guideway" as
defined in section 174.93, subdivision 1, but excludes:
new text end

new text begin (1) intercity passenger rail;
new text end

new text begin (2) commuter rail; and
new text end

new text begin (3) a bus rapid transit, express bus, or dedicated busway project that has a total cost
estimate, accounting for all project phases and facilities, of less than $100,000,000.
new text end

Sec. 7.

Minnesota Statutes 2014, section 473.3994, subdivision 4, is amended to read:


Subd. 4.

Preliminary design plans; deleted text begin council hearingdeleted text end new text begin disapprovalnew text end .

new text begin (a) new text end If the
governing body of one or more cities, counties, or towns disapproves the preliminary
design plans within the period allowed under subdivision 3, the council shall hold a
hearing on the plans, giving the commissioner of transportation, if the responsible
authority, any disapproving local governmental units, and other persons an opportunity
to present their views on the plans. The councilnew text begin or the commissioner of transportation,
whichever is not the responsible authority,
new text end may conduct independent study as it deems
desirable and may mediate and attempt to resolve disagreements about the plans.

new text begin (b)new text end Within 60 days after the hearingnew text begin under paragraph (a)new text end , the deleted text begin councildeleted text end new text begin responsible
authority
new text end shall review the plans and deleted text begin shalldeleted text end decide deleted text begin what amendmentsdeleted text end new text begin :
new text end

new text begin (1)new text end to new text begin amend new text end the plansdeleted text begin , if any, must be madedeleted text end to accommodate the objections
presented by the disapproving local governmental unitsnew text begin ;
new text end

new text begin (2) to not proceed with the project; or
new text end

new text begin (3) to refer the plans to an appeal board as provided in subdivision 15new text end .


deleted text begin Amendments todeleted text end new text begin (c)new text end Thenew text begin amendednew text end plans as decided by the council deleted text begin must be made
before continuing the planning and designing process
deleted text end new text begin under paragraph (b), clause (1),
are subject to the same notice and hearing process requirements as specified under (1)
subdivisions 2 and 3, and (2) this subdivision as applicable
new text end .

new text begin (d) The responsible authority is prohibited from continuing the planning and
designing process if a local governmental unit disapproves unless an appeal board under
subdivision 15 approves the preliminary design plans. Preliminary design plans approved
by an appeal board under this paragraph are subject to any modifications specified by
the board.
new text end

Sec. 8.

Minnesota Statutes 2014, section 473.3994, is amended by adding a subdivision
to read:


new text begin Subd. 15. new text end

new text begin Appeal board. new text end

new text begin (a) An appeal board is established following preliminary
design plans referral under subdivision 4. An appeal board consists of one member
appointed by the responsible authority, one member appointed jointly by the disapproving
local governmental units, and a third member agreed upon by both the responsible
authority and the disapproving local governmental units.
new text end

new text begin (b) If the disapproving local governmental units cannot agree upon the member jointly
appointed by the governmental units within 14 days of preliminary design plans referral
under subdivision 4, the council or the commissioner of transportation, whichever is not
the responsible authority, shall appoint that member. If the responsible authority and the
disapproving local governmental units cannot agree upon the third member within 14 days
of preliminary design plans referral under subdivision 4, the council or the commissioner of
transportation, whichever is not the responsible authority, shall appoint that third member.
new text end

new text begin (c) Within 30 days after appointment of all appeal board members, the appeal
board shall hold a hearing at which the responsible authority and any disapproving
local governmental units may present the case for or against approval of the referred
preliminary design plans. Not later than 60 days after the hearing, the appeal board
shall: (1) approve the plans; (2) approve the plans with specified modifications; or (3)
disapprove the plans. The board may make additional recommendations consistent with
state and federal requirements as it deems appropriate. The board shall submit a written
report containing its findings to the council, the commissioner of transportation, and the
governing body of each statutory and home rule charter city, county, and town in which
the route is proposed to be located.
new text end

Sec. 9. new text begin REVISOR'S INSTRUCTION.
new text end

new text begin In Minnesota Statutes, sections 473.3993 to 473.3997, the revisor of statutes shall
change the term "light rail transit" to "subregional guideway" wherever the term appears.
The revisor shall make any necessary grammatical changes or changes to sentence
structure necessary to preserve the meaning of the text as a result of the changes.
new text end

Sec. 10. new text begin EFFECTIVE DATE; APPLICATION.
new text end

new text begin Except for section 5, this act is effective the day following final enactment
and applies for any project in which federal funds are anticipated and the project is
not approved by the Federal Transit Administration for preliminary engineering or a
subsequent project phase as of the effective date of this section. Section 5 is effective the
day following final enactment and applies for grant awards made for calendar year 2017
and thereafter. The portion of this act that relates to the Metropolitan Council applies in
the counties of Anoka, Carver, Dakota, Hennepin, Ramsey, Scott, and Washington.
new text end