HF 3792

1st Engrossment - 85th Legislature (2007 - 2008) Posted on 12/15/2009 12:00am

A bill for an act
relating to commuter rail; clarifying the commissioner of transportation's
authority; providing for the operation and maintenance of commuter rail lines
located in whole or in part within the metropolitan area; amending Minnesota
Statutes 2006, section 174.82; proposing coding for new law in Minnesota
Statutes, chapter 473.

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

Section 1.

Minnesota Statutes 2006, section 174.82, is amended to read:

174.82 COMMUTER RAIL; COMMISSIONER'S DUTIES; CONTRACTS;
LIABILITIES, RIGHTS, AND FINANCIAL CONSIDERATIONS.

new text begin (a) new text end The planning, development, construction, operation, and maintenance of
commuter rail track, facilities, and services are governmental functions, serve a public
purpose, and are a matter of public necessity. The commissioner shall be responsible for
all aspects of planning, developing, constructing, operating, and maintaining commuter
rail, including system planning, advanced corridor planning, preliminary engineering, final
design, construction, negotiating with railroads, and developing financial and operating
plans. new text begin The commissioner may exercise the powers granted in this chapter, as necessary, to
plan, design, acquire, construct, and equip commuter rail facilities. new text end The commissioner
may enter into a memorandum of understanding or agreement with a public or private
entity, including a regional railroad authority, a joint powers board, and a railroad, to
carry out these activities.

new text begin (b) new text end The commissioner, deleted text begin or deleted text end new text begin a new text end public entity contracting with the commissioner, new text begin or the
Metropolitan Council under section 473.4057, new text end may contract with a railroad that is a Class
I railroad under federal law for the joint or shared use of the railroad's right-of-way or the
construction, operation, or maintenance of rail track, facilities, or services for commuter
rail purposes. Notwithstanding section 3.732, subdivision 1, clause (2), or section 466.01,
subdivision 6, sections 466.04 and 466.06 govern the liability of the Class I railroad and
its employees arising from the joint or shared use of the railroad right-of-way or the
provision of commuter rail construction, operation, or maintenance services pursuant
to the contract. Notwithstanding any law to the contrary, a contract with the Class I
railroad for any commuter rail service, or joint or shared use of the railroad's right-of-way,
may also provide for the allocation of financial responsibility, indemnification, and the
procurement of insurance for the parties for all types of claims or damages. A contract
entered into under this section does not affect rights of employees under the Federal
Employers Liability Act or the federal Railway Labor Act.

Sec. 2.

new text begin [473.4057] COMMUTER RAIL OPERATION AND MAINTENANCE.
new text end

new text begin Subdivision 1. new text end

new text begin General. new text end

new text begin Notwithstanding the provisions of sections 174.82 and
174.90, the metropolitan council must operate and maintain commuter rail facilities and
services in any corridor that is located in whole or in part in the metropolitan area. The
council's operation and maintenance of the facilities and services must commence upon
completion of the planning, development, and construction of the commuter rail facilities
by the commissioner of transportation and the commencement of prerevenue service.
new text end

new text begin Subd. 2. new text end

new text begin Commuter rail equipment, supplies, and materials. new text end

new text begin The council
is authorized to acquire equipment, supplies, and materials, including rolling stock,
necessary for any commuter rail service that is subject to this section. This authority may
be exercised either before or after the commencement of revenue service on a particular
commuter rail line.
new text end

new text begin Subd. 3. new text end

new text begin Commuter rail improvements. new text end

new text begin After the commencement of revenue
service in a particular commuter rail corridor, the council is responsible for planning,
development, design, acquisition, construction, and equipping of any improvements to
commuter rail facilities or service in that corridor.
new text end

new text begin Subd. 4. new text end

new text begin Procurement for commuter rail; best value alternative. new text end

new text begin (a)
Notwithstanding the provisions of section 471.345, for purchases related to the council's
maintenance and operation of commuter rail lines, the council may award a contract for
the purchase of supplies, materials, equipment or the rental thereof, or the construction,
alteration, improvement, repair, or maintenance of real or personal property to the vendor
or contractor offering the best value under a request for proposals.
new text end

new text begin (b) For the purposes of this section, "best value" has the meaning given in section
16C.02, subdivisions 4 and 4a. A best value determination must be based on the evaluation
criteria detailed in the solicitation document. If criteria other than price are used, the
solicitation document must state the relative importance of price and other factors.
new text end

new text begin Subd. 5. new text end

new text begin Transfer of property and use rights. new text end

new text begin Prior to commencement of
prerevenue service for a commuter rail line that is subject to this section, the commissioner
of transportation must either:
new text end

new text begin (1) convey ownership; or
new text end

new text begin (2) provide a right of use through lease, license, assignment, right of access or
other appropriate document;
new text end

new text begin to the council for all property rights, use rights, and facilities acquired or constructed by
the state of Minnesota or the commissioner in developing the commuter rail line and
needed by the council to operate and maintain the line and the commuter rail service.
new text end

new text begin Subd. 6. new text end

new text begin Agreements with other parties. new text end

new text begin The council may enter into memoranda
of understanding, joint powers agreements, or other agreements with public or private
entities including, without limitation, political subdivisions, regional railroad authorities,
metropolitan planning organizations, joint powers boards, the commissioner of
transportation, or railroads, to carry out its responsibilities under this section.
new text end

new text begin Subd. 7. new text end

new text begin Expenditure of funds and exercise of powers. new text end

new text begin In carrying out its
responsibilities under this section and notwithstanding any other law to the contrary, the
council may expend funds and exercise, both inside and outside the metropolitan area,
those powers in this chapter that are necessary or convenient for those purposes. The
jurisdiction of the metropolitan transit police under section 473.405 extends to offenses
relating to the operation, property, facilities, equipment, employees, and passengers of any
commuter rail facilities and services that are subject to this section.
new text end

new text begin Subd. 8. new text end

new text begin Application of section 174.82. new text end

new text begin The provisions of section 174.82,
paragraph (b), apply to commuter rail facilities and services that are subject to this section.
Without limitation as to its application, the provisions of section 174.82 apply when the
council is carrying out its responsibilities for commuter rail under this section to the same
extent as those provisions would apply if the council were carrying out its responsibilities
under contract to the commissioner.
new text end

new text begin Subd. 9. new text end

new text begin Rights of employees. new text end

new text begin A contract entered into under subdivisions 1 to 9
does not affect the rights of employees under the Federal Employers Liability Act or
the Railway Labor Act.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment
and applies in the counties of Anoka, Carver, Dakota, Hennepin, Ramsey, Scott, and
Washington.
new text end