SF 609

as introduced - 82nd Legislature (2001 - 2002) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to transportation; requiring local approval 
  1.3             for location of commuter rail route through 
  1.4             residential area; amending Minnesota Statutes 2000, 
  1.5             sections 174.80, by adding a subdivision; and 174.86, 
  1.6             subdivisions 2 and 3. 
  1.7   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.8      Section 1.  Minnesota Statutes 2000, section 174.80, is 
  1.9   amended by adding a subdivision to read: 
  1.10     Subd. 5.  [RESIDENTIAL AREA.] "Residential area" means an 
  1.11  area with dwelling houses situated at intervals of less than 100 
  1.12  feet for a distance of a quarter of a mile or more. 
  1.13     Sec. 2.  Minnesota Statutes 2000, section 174.86, 
  1.14  subdivision 2, is amended to read: 
  1.15     Subd. 2.  [PHYSICAL DESIGN COMPONENT; LOCAL PARTICIPATION.] 
  1.16  At least 30 days before the hearing under subdivision 1, the 
  1.17  commissioner shall submit the physical design component of the 
  1.18  advanced corridor plan to the governing body of each statutory 
  1.19  and home rule charter city, county, and town in which the route 
  1.20  is to be located.  Within 45 days after the hearing under 
  1.21  subdivision 1, the city, county, or town shall review and 
  1.22  comment on the plan.  Within 45 days of the hearing, a city or 
  1.23  town shall approve or disapprove (1) the location and design of 
  1.24  the station to be located in the city or town and (2) the 
  1.25  location of any part of the route that passes through a 
  1.26  residential area located in the city or town.  A city or town 
  2.1   that disapproves shall describe specific amendments to the plan 
  2.2   that, if adopted, would cause the city or town to withdraw its 
  2.3   disapproval.  Failure to comment in writing within 45 days after 
  2.4   the hearing is deemed to be accepted approval unless an 
  2.5   extension of time is agreed to by the metropolitan planning 
  2.6   organization and the commissioner of transportation. 
  2.7      Sec. 3.  Minnesota Statutes 2000, section 174.86, 
  2.8   subdivision 3, is amended to read: 
  2.9      Subd. 3.  [MODIFICATION OF ADVANCED CORRIDOR PLAN.] After 
  2.10  the hearing under subdivision 1, and after the receipt of 
  2.11  comment under subdivision 2, the commissioner may modify the 
  2.12  advanced corridor plan.  Commuter rail facilities may not be 
  2.13  constructed in a residential area without the express consent or 
  2.14  failure to comment, within the time prescribed in subdivision 2, 
  2.15  of the governing body of the city, or town board of the town, in 
  2.16  which the residential area is located.