Minnesota Legislature
SF 1111
as introduced - 85th Legislature (2007 - 2008) Posted on 12/15/2009 12:00am
Current Version - as introduced
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A bill for an act
relating to metropolitan area transportation; modifying the membership of the
Transportation Advisory Board; modifying provisions related to a periodic
evaluation of the metropolitan area's transportation system; modifying and
clarifying provisions related to the provision of special transportation service;
repealing an obsolete provision; providing penalties; amending Minnesota
Statutes 2006, sections 473.146, subdivision 4; 473.1466; 473.386, subdivisions
1, 2, 2a, 3; repealing Minnesota Statutes 2006, section 473.1465.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
Section 1.
Minnesota Statutes 2006, section 473.146, subdivision 4, is amended to read:
Subd. 4.
Transportation planning.
(a) The Metropolitan Council is the designated
planning agency for any long-range comprehensive transportation planning required by
section 134 of the Federal Highway Act of 1962, Section 4 of Urban Mass Transportation
Act of 1964 and Section 112 of Federal Aid Highway Act of 1973 and other federal
transportation laws. The council shall assure administration and coordination of
transportation planning with appropriate state, regional and other agencies, counties,
and municipalities.
(b) The council shall establish an advisory body consisting of citizens and
representatives of municipalities, counties, and state agencies in fulfillment of the planning
responsibilities of the council. The membership of the advisory body must consist of:
(1) the commissioner of transportation or the commissioner's designee;
(2) the commissioner of the Pollution Control Agency or the commissioner's
designee;
(3) one member of the Metropolitan Airports Commission appointed by the
commission;
(4) one person appointed by the council to represent nonmotorized transportation;
(5) one person appointed by the commissioner of transportation to represent the
freight transportation industry;
(6) two persons appointed by the council to represent public transit;
(7) ten elected officials of cities within the metropolitan area, including one
representative from each first-class city, appointed by the association of metropolitan
municipalities;
(8) one member of the county board of each county in the seven-county metropolitan
area, appointed by the respective county boards;
(9) eight citizens appointed by the council, one from each council precinct; deleted text begin and
deleted text end
(10) one member of the council, appointed by the councilnew text begin ; and
new text end
new text begin (11) one resident of the metropolitan area appointed by the council to represent the
metropolitan area as a whole, who shall serve as chair of the advisory bodynew text end .
deleted text begin
The council shall appoint a chair from among the members of the advisory body.
deleted text end
Sec. 2.
Minnesota Statutes 2006, section 473.1466, is amended to read:
473.1466 new text begin TRANSPORTATION SYSTEM new text end PERFORMANCE deleted text begin AUDIT;
TRANSITdeleted text end EVALUATION.
deleted text begin (a) In 1997 and every four years thereafter, the council shall provide for an
independent entity selected through a request for proposal process conducted nationwide
to dodeleted text end new text begin Prior to each major revision of the transportation policy plan, the council must carry
out new text end a performance deleted text begin auditdeleted text end new text begin evaluation new text end of the deleted text begin commutingdeleted text end new text begin metropolitan new text end area's transportation
system as a whole. The performance deleted text begin auditdeleted text end new text begin evaluation new text end must evaluate the deleted text begin commutingdeleted text end
area's ability to meet the deleted text begin region's needsdeleted text end new text begin need new text end for effective and efficient transportation of
goods and peopledeleted text begin ,deleted text end new text begin and new text end evaluate deleted text begin futuredeleted text end trends and their impacts on the deleted text begin region'sdeleted text end new text begin area's
new text end transportation systemdeleted text begin , anddeleted text end new text begin . The council shall use the results of the performance evaluation
to new text end make recommendations for improving the systemnew text begin in each revision of the transportation
policy plannew text end . deleted text begin The performance audit must recommend performance-funding measures.
deleted text end
deleted text begin
(b) In 1999 and every four years thereafter, the council must evaluate the
performance of the metropolitan transit system's operation in relationship to the regional
transit performance standards developed by the council.
deleted text end
Sec. 3.
Minnesota Statutes 2006, section 473.386, subdivision 1, is amended to read:
Subdivision 1.
Service objectives.
The council shall implement a special
transportation service, as defined in section 174.29, in the metropolitan area. The service
has the following objectives:
(a) to provide greater access to transportation for the elderly, people with disabilities,
and others with special transportation needs in the metropolitan area;
(b) to develop an integrated system of special transportation service providing
transportation tailored to meet special individual needs in the most cost-efficient manner;
and
(c) to use existing public, private, and private nonprofit providers of service
deleted text begin wherever possibledeleted text end new text begin when feasible and cost-efficientnew text end , to supplement rather than replace
existing service, and to increase the productivity of all special transportation vehicles
available in the area.
Sec. 4.
Minnesota Statutes 2006, section 473.386, subdivision 2, is amended to read:
Subd. 2.
Service contracts; management; transportation accessibility advisory
committee.
(a) The council may contract for services necessary for the provision of
special transportation. Transportation service provided under a contract must specify the
service to be provided, the standards that must be met, and the rates for operating and
providing special transportation services.
(b) The council shall establish management policies for the service and may contract
with a service administrator for day-to-day administration and management of the service.
Any contract must delegate to the service administrator clear authority to administer and
manage the delivery of the service pursuant to council management policies and must
establish performance and compliance standards for the service administrator. The council
may provide directly day to day administration and management of the service and may
own or lease vehicles used to provide the service.
(c) The council shall ensure that the service administrator establishes a system for
registering and expeditiously responding to complaints by users, informing users of how
to register complaints, and requiring providers to report on incidents that impair the safety
and well-being of users or the quality of the service.
new text begin (d) new text end The council shall deleted text begin annuallydeleted text end report deleted text begin to the commissioner of transportation and the
legislature on complaints and provider reports, the response of the service administrator,
and steps taken by the council and the service administrator to identify causes and provide
remedies to recurring problemsdeleted text end new text begin on its special transportation services as part of the program
evaluation provided for in section 473.13, subdivision 1anew text end .
deleted text begin
(d) Each year before renewing contracts with providers and the service administrator,
the council shall provide an opportunity for the transportation accessibility advisory
committee, users, and other interested persons to testify before the council concerning
providers, contract terms, and other matters relating to council policies and procedures for
implementing the service.
deleted text end
(e) The council shall establish a Transportation Accessibility Advisory Committeenew text begin
consisting of 15 members and a chair to advise the council on management policies for
the council's special transportation servicenew text end . The Transportation Accessibility Advisory
Committee must include elderly and disabled persons, other users of special transportation
service, deleted text begin representatives of persons contracting to provide special transportation services,deleted text end
and representatives of appropriate agencies for elderly and disabled persons deleted text begin to advise
the council on management policies for the servicedeleted text end . At least half the Transportation
Accessibility Advisory Committee members must be deleted text begin disabled or elderly persons or
the representatives of disabled or elderly persons. Two of the appointments to the
Transportation Accessibility Advisory Committee shall be made by the Council on
Disability in consultation with the chair of the Metropolitan Councildeleted text end new text begin persons who are both
ADA certified and users of public transit in the metropolitan areanew text end .
Sec. 5.
Minnesota Statutes 2006, section 473.386, subdivision 2a, is amended to read:
Subd. 2a.
Eligibility deleted text begin certificationdeleted text end new text begin application and verification; penalty for
fraudulent certificationnew text end .
new text begin If the council requires a person to be certified as eligible for
special transportation services, an applicant for certification must submit an application
form and the applicant's eligibility must be verified by a type of professional specified by
the council. new text end The council shall deleted text begin include the notice of penalty for fraudulent certification, anddeleted text end new text begin :
new text end
new text begin
(1) require the applicant to sign the application form and certify that the application
information is accurate; and
new text end
new text begin (2)new text end require the person deleted text begin certifyingdeleted text end new text begin verifying new text end the deleted text begin applicantdeleted text end new text begin applicant's eligibility new text end to sign
the eligibility deleted text begin certificationdeleted text end new text begin verification new text end form and deleted text begin the applicant to sign the application form,
as provided in section 174.295deleted text end new text begin certify that the verifying information is accuratenew text end .
new text begin
The penalty provided for in section 174.295, subdivision 4, applies to the
certifications by the applicant and the person verifying the applicant's eligibility. The
council must include a notice of the penalty for fraudulent certification in the application
form and the eligibility verification form.
new text end
Sec. 6.
Minnesota Statutes 2006, section 473.386, subdivision 3, is amended to read:
Subd. 3.
Duties of council.
In implementing the special transportation service, the
council shall:
(a) encourage participation in the service by public, private, and private nonprofit
providers of special transportation currently receiving capital or operating assistance
from a public agency;
(b) new text begin when feasible and cost-efficient, new text end contract with public, private, and private
nonprofit providers that have demonstrated their ability to effectively provide service at
a reasonable cost;
(c) encourage individuals using special transportation to use the type of service
most appropriate to their particular needs;
deleted text begin
(d) ensure that all persons providing special transportation service receive equitable
treatment in the allocation of the ridership;
deleted text end
deleted text begin (e)deleted text end new text begin (d) new text end encourage shared rides to the greatest extent practicable;
deleted text begin (f)deleted text end new text begin (e) new text end encourage public agencies that provide transportation to eligible individuals
as a component of human services and educational programs to coordinate with this
service and to allow reimbursement for transportation provided through the service at rates
that reflect the public cost of providing that transportation;
deleted text begin (g)deleted text end new text begin (f) new text end establish criteria to be used in determining individual eligibility for special
transportation services;
deleted text begin (h)deleted text end new text begin (g) new text end consult with the Transportation Accessibility Advisory Committee in a
timely manner before changes are made in the provision of special transportation servicesdeleted text begin ,
including, but not limited to, changes in policies affecting the matters subject to hearing
under subdivision 2deleted text end ;
deleted text begin (i)deleted text end new text begin (h) new text end provide for effective administration and enforcement of council policies
and standards; new text begin and
new text end
deleted text begin (j) annually evaluate providers of special transportation service to ensure compliance
with the standards established for the program; anddeleted text end
deleted text begin (k)deleted text end new text begin (i) new text end ensure that, taken as a whole including contracts with public, private, and
private nonprofit providers, the geographic coverage area of the special transportation
service is continuous within the boundaries of the transit taxing district, as defined as of
March 1, 2006, in section 473.446, subdivision 2.
Sec. 7. new text begin TRANSITION PROVISION.
new text end
new text begin
The person appointed by the Metropolitan Council as chair of the Transportation
Advisory Board under previous law shall remain its chair until a chair is appointed by
the council pursuant to section 1.
new text end
Sec. 8. new text begin REPEALER.
new text end
new text begin
Minnesota Statutes 2006, section 473.1465,
new text end
new text begin
is repealed.
new text end
Sec. 9. new text begin APPLICATION.
new text end
new text begin
This act applies in the counties of Anoka, Carver, Dakota, Hennepin, Ramsey,
Scott, and Washington.
new text end
Sec. 10. new text begin EFFECTIVE DATE.
new text end
new text begin
This act is effective the day following final enactment.
new text end