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SF 35

as introduced - 88th Legislature, 2013 1st Special Session (2013 - 2013) Posted on 09/10/2013 08:38am

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

Current Version - as introduced

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A bill for an act
relating to transportation; amending provisions relating to municipal consent
for certain highway projects by requiring local public hearings; requiring
commissioner of transportation to increase public participation in decisions
concerning highway noise abatement; proposing coding for new law in
Minnesota Statutes, chapter 161.

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

Section 1.

new text begin [161.1635] SUBMISSION OF CORRIDOR PROPOSAL.
new text end

new text begin Subdivision 1. new text end

new text begin Report required. new text end

new text begin (a) The commissioner shall submit to the
governing body of each municipality where a trunk highway or interstate highway is
proposed to be constructed or improved a report containing:
new text end

new text begin (1) a statement of the need for this proposed construction or improvement;
new text end

new text begin (2) a description of alternate routes that were considered by the commissioner; and
new text end

new text begin (3) an explanation of the advantages and disadvantages in the selection of any route
considered.
new text end

new text begin (b) The report shall also contain, for each alternative, the following information:
new text end

new text begin (1) general alignment and profile;
new text end

new text begin (2) approximate points of access;
new text end

new text begin (3) highway classification;
new text end

new text begin (4) an approximate cost estimate;
new text end

new text begin (5) relation to existing and planned regional and local development and to other
transportation routes and facilities; and
new text end

new text begin (6) a statement of the expected general effect on present and future use of the
property within the corridor.
new text end

new text begin (c) Where a state trunk highway or interstate highway is proposed to be constructed
or improved within the metropolitan area, a copy of the report shall also be submitted to
the Metropolitan Council.
new text end

new text begin Subd. 2. new text end

new text begin Public hearings. new text end

new text begin (a) Not less than 45 or more than 90 days after the report
has been submitted, the commissioner shall hold a public hearing on the proposed highway
construction or improvement at a time and place within any municipality where a portion of
the proposed construction or improvement is located, as the commissioner shall determine.
new text end

new text begin (b) Not less than 30 days before the hearing, the commissioner shall mail notice to
the governing body of each municipality or agency entitled to receive a copy of the report,
and shall cause notice of the hearing to be published at least once each week and for two
successive weeks in a newspaper having general circulation in such municipalities, the
second publication to be not less than five days before the date of the hearing. The notice
shall state the date, time, place, and purpose of the hearing, describe the proposed or actual
general location of the highway to be constructed or improved, and state where the report
may be inspected prior to the hearing by any interested person.
new text end

new text begin (c) The hearing shall be conducted by the commissioner or the commissioner's
designee, and shall be transcribed and a record mailed to each municipality or agency
entitled to receive a copy of the report. All interested persons shall be permitted to present
their views on the proposed highway construction or improvement. The hearing may be
continued as often as necessary.
new text end

new text begin Subd. 3. new text end

new text begin Report; approval. new text end

new text begin (a) Within 120 days after the hearing is completed, the
governing body of each municipality or agency entitled to receive a copy of the report
shall submit to the commissioner its approval or disapproval of the report. If all or any
part of the report is disapproved, the municipality or agency shall state the reasons for
disapproval and suggest changes to the report.
new text end

new text begin (b) The commissioner shall, before preparing additional plans for the proposed
highway construction or improvement, submit to the governing body of each municipality
or agency disapproving the report a statement accepting or rejecting any suggested
changes and the reasons for acceptance or rejection.
new text end

Sec. 2. new text beginNOISE ABATEMENT.
new text end

new text begin Subdivision 1. new text end

new text begin Noise policy. new text end

new text begin The commissioner of transportation, in consultation
with representatives of the Pollution Control Agency and representatives of neighborhood
groups, shall develop and implement amendments to the Department of Transportation
policies concerning noise abatement within or along the perimeter of freeways and
expressways in incorporated areas. The amendments must include measures to increase
local public input and participation in decision making concerning the selection and
implementation of noise abatement measures. The commissioner shall submit proposals
for legislation to ensure local participation in decisions related to noise abatement.
new text end

new text begin Subd. 2. new text end

new text begin Report. new text end

new text begin A report on the policies and recommendations developed under
subdivision 1 must be submitted to the chairs and ranking minority members of the house
of representatives and senate committees with jurisdiction over transportation policy
and finance by January 1, 2015.
new text end