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SF 1498

as introduced - 85th Legislature (2007 - 2008) Posted on 12/15/2009 12:00am

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

Current Version - as introduced

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A bill for an act
relating to the metropolitan area; modifying provisions for planning, designing,
and constructing light rail transit in the metropolitan area; amending Minnesota
Statutes 2006, sections 473.399; 473.3993, subdivision 3; 473.3994; 473.3997;
473.4051; proposing coding for new law in Minnesota Statutes, chapter 473;
repealing Laws 1999, chapter 230, section 44.

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

Section 1.

Minnesota Statutes 2006, section 473.399, is amended to read:


473.399 new text begin TRANSITWAYS; new text end LIGHT RAIL TRANSIT AND COMMUTER RAIL
deleted text begin PLANNINGdeleted text end new text begin IN THE METROPOLITAN AREAnew text end .

Subdivision 1.

General requirements.

(a) new text begin The council must identify in its
transportation policy plan those heavily traveled corridors where development of a
transitway may be feasible and cost effective. Modes of providing service in a transitway
may include bus rapid transit, light rail transit, commuter rail, or other available systems
or technologies that improve transit service.
new text end

new text begin (b) After the completion of environmental studies and receipt of input from the
governing body of each statutory and home rule charter city, county, and town in which a
transitway is proposed to be constructed, the council must designate the locally preferred
alternative transit mode with respect to the corridor.
new text end

new text begin (c) new text end The council shall deleted text begin adopt a plan todeleted text end ensure thatnew text begin anynew text end light rail transit facilitiesnew text begin
that are designated as the locally preferred alternative and that are to be constructed
new text end in
the metropolitan area will be acquired, developed, owned, and capable of operation in
an efficient, cost-effective, and coordinated manner in coordination with buses and other
transportation modes and facilities. deleted text begin The plan may be developed and adopted in phases
corresponding to phasing of construction of light rail. The council may incorporate into its
plan appropriate elements of the plans of regional railroad authorities in order to avoid
duplication of effort.
deleted text end

deleted text begin (b) The light rail transit plan or first phase of the plan required by this section must
be adopted by the council before the commissioner of transportation may begin
deleted text end new text begin (d)new text end
Construction of light rail transit facilitiesnew text begin in a particular transit corridor may not commence
unless and until that mode is designated as the locally preferred alternative for that corridor
by the council
new text end . deleted text begin Following adoption of the plan, the commissioner of transportation shall
act in conformity with the plan. The commissioner shall prepare or amend the final design
plans as necessary to make the plans consistent with the light rail transit plan.
deleted text end

deleted text begin (c) Throughout the development and implementation of the plan, the council shall
contract for or otherwise obtain engineering services to assure that the plan adequately
addresses the technical aspects of light rail transit.
deleted text end

Subd. 1a.

Integrated transportation system.

The commissioner of transportation
and the Metropolitan Council shall ensure that deleted text begin thedeleted text end light rail transit and commuter rail
facilities are planned, designed, and implemented: (1) to move commuters and transit
users into and out of, as well as within, the metropolitan area, and (2) to ensure that rail
transit lines will interface with each other and other transportation facilities and services
so as to provide a unified, integrated, and efficient multimodal transportation system.

Subd. 4.

Expenditure of state funds.

No state funds may be expended by the
Metropolitan Council to studynew text begin a particularnew text end light rail transit or commuter railnew text begin facilitynew text end unless
the funds are appropriated in legislation that identifiesnew text begin thenew text end route, including the origin
and destination.

Sec. 2.

Minnesota Statutes 2006, section 473.3993, subdivision 3, is amended to read:


Subd. 3.

Final design plan.

"Final design plan" means a light rail transit plan that
includes the items in the preliminary design plan and the preliminary engineering plan for
the facilities proposed but with greater detail and specificity needed for construction. The
final design plan must include, at a minimum:

(1) final plans for the physical design of facilities, including the right-of-way
definition; environmental impacts and mitigation measures; intermodal coordination with
bus operations and routes; and civil engineering plans for vehicles, track, stations, parking,
and access, including disability access; and

(2) final plans for civil engineering for electrification, communication, and other
similar facilities; operational rules, procedures, and strategies; capital costs; ridership;
operating costs and revenues, and sources of funds for operating subsidies; financing for
construction and operation; an implementation method; and other similar matters.

The final design plan must be stated with sufficient particularity and detail to
allow the proposer to begin the acquisition and construction of operable facilities. If a
design-build implementation method is proposed, instead of civil engineering plans the
final design plan must state detailed design criteria and performance standards for the
facilities.

deleted text begin The commissioner of transportation may usedeleted text end A design-build method of project
development and constructionnew text begin may be utilizednew text end fornew text begin construction ofnew text end light rail transit.
Notwithstanding any law to the contrary, the deleted text begin commissioner may award adeleted text end design-build
contractnew text begin may be awardednew text end on the basis of requests for proposals or requests for qualifications
without bids. "Design-build method of project development and construction" means a
project delivery system in which a single contractor is responsible for both the design and
construction of the project and bids the design and construction together.

Sec. 3.

Minnesota Statutes 2006, section 473.3994, is amended to read:


473.3994 LIGHT RAIL TRANSIT; DESIGN PLANS.

new text begin Subd. 1a. new text end

new text begin Designation of responsible authority. new text end

new text begin For each proposed light rail transit
facility in the metropolitan area, the governor must designate either the Metropolitan
Council or the state of Minnesota acting through the commissioner of transportation as
the entity responsible for planning, designing, acquiring, constructing, and equipping the
facility. For the purposes of this section and section 473.3997, the term "responsible
authority" means the entity designated by the governor for a particular light rail transit
facility. Notwithstanding such designation, the commissioner and the council may
enter into one or more cooperative agreements with respect to the planning, designing,
acquiring, constructing, or equipping of a particular light rail transit facility that provide
for the parties to exercise their respective authorities in support of the project in a manner
that best serves the project and the public.
new text end

Subd. 2.

Preliminary design plans; public hearing.

Before final design plans are
prepared for a light rail transit facilitynew text begin in the metropolitan areanew text end , the deleted text begin commissioner of
transportation
deleted text end new text begin responsible authoritynew text end and the regional railroad authority or authorities
in whose jurisdiction the line or lines are located must hold a public hearing on the
physical design component of the preliminary design plans. The deleted text begin commissioner of
transportation
deleted text end new text begin responsible authoritynew text end and the regional railroad authority or authorities in
whose jurisdiction the line or lines are located must provide appropriate public notice of
the hearing and publicity to ensure that affected parties have an opportunity to present
their views at the hearing. The deleted text begin commissionerdeleted text end new text begin responsible authoritynew text end shall summarize the
proceedings and testimony and maintain the record of a hearing held under this section,
including any written statements submitted.

Subd. 3.

Preliminary design plans; local approval.

new text begin (a) new text end At least 30 days before
the hearing under subdivision 2, the deleted text begin commissioner of transportationdeleted text end new text begin responsible authoritynew text end
shall submit the physical design component of the preliminary design plans to the
governing body of each statutory and home rule charter city, county, and town in which
the route is proposed to be located. The city, county, or town shall hold a public hearing.
Within 45 days after the hearing under subdivision 2, the city, county, or town shall review
and approve or disapprove the plans for the route to be located in the city, county, or town.
A local unit of government that disapproves the plans shall describe specific amendments
to the plans that, if adopted, would cause the local unit to withdraw its disapproval. Failure
to approve or disapprove the plans in writing within 45 days after the hearing is deemed
to be approval, unless an extension of time is agreed to by the city, county, or town and
the deleted text begin commissioner of transportationdeleted text end new text begin responsible authoritynew text end .

Subd. 4.

Preliminary design plans; council referral.

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 deleted text begin commissioner of transportation may refer the
plans, along with any comments of local jurisdictions, to the Metropolitan Council. The
deleted text end
council shall hold a hearing on the plans, giving the commissioner of transportation,new text begin if the
responsible authority,
new text end any disapproving local governmental units, and other persons an
opportunity to present their views on the plans. The council may conduct independent
study as it deems desirable and may mediate and attempt to resolve disagreements about
the plans. Within deleted text begin 90deleted text end new text begin 60new text end days after the deleted text begin referraldeleted text end new text begin hearingnew text end , the council shall review the
plans deleted text begin submitted by the commissioner of transportation and the councildeleted text end new text begin andnew text end shall decide
what amendments to the plans, if any, must be made to accommodate the objections
presented by the disapproving local governmental units. deleted text begin The commissioner shall make thedeleted text end
Amendments to the plansnew text begin as decided by the council must be madenew text end before continuing the
planning and designing process.

Subd. 5.

Final design plans.

(a) If the final design plans incorporate a substantial
change from the preliminary design plans with respect to location, length, or termini
of routes; general dimension, elevation, or alignment of routes and crossings; location
of tracks above ground, below ground, or at ground level; or station locations, before
beginning construction, the deleted text begin commissionerdeleted text end new text begin responsible partynew text end shall submit the changed
component ofnew text begin thenew text end final design plans to the governing body of each statutory and home
rule city, county, and town in which the changed component is proposed to be located.
Within 60 days after the submission of the plans, the city, county, or town shall review
and approve or disapprove the changed component located in the city, county, or town. A
local unit of government that disapproves the change shall describe specific amendments
to the plans that, if adopted, would cause the local unit to withdraw its disapproval.
Failure to approve or disapprove the changed plans in writing within the time period is
deemed to be approval, unless an extension is agreed to by the city, county, or town and
the deleted text begin commissionerdeleted text end new text begin responsible authoritynew text end .

(b) If the governing body of one or more cities, counties, or towns disapproves the
changed plans within the period allowed under paragraph (a), the deleted text begin commissioner may refer
the plans, along with any comments of local jurisdictions, to the Metropolitan Council.
The
deleted text end council shall review the final design plans under the same procedure and with the
same effect as provided in subdivision 4 for preliminary design plans.

Subd. 7.

Council review.

new text begin If the commissioner is the responsible authority, new text end before
proceeding with construction of a light rail transit facility, the commissioner must submit
preliminary and final design plans to the Metropolitan Council. The council must review
the plans for consistency with the council's development guide and approve the plans.

Subd. 8.

Metropolitan significance.

This section does not diminish or replace the
authority of the council under section 473.173.

Subd. 9.

Light rail transit operating costs.

(a) Before submitting an application for
federal assistance for light rail transit facilities in the metropolitan area, the deleted text begin applicant must
provide to the
deleted text end Metropolitan Council deleted text begin estimatesdeleted text end new text begin must prepare an estimatenew text end of the amount
of operating subsidy which will be required to operate light rail transit in the corridor to
which the federal assistance would be applied. The deleted text begin information provided to the councildeleted text end new text begin
estimate
new text end must indicate the amount of operating subsidy estimated to be required in each
of the first ten years of operation of the light rail transit facility.new text begin If the commissioner of
transportation is the responsible authority, the commissioner must provide information
requested by the council that is necessary to make the estimate.
new text end

(b) The council must review and evaluate the deleted text begin information provideddeleted text end new text begin estimate
developed
new text end under paragraph (a) with regard to the effect of operating the light rail transit
facility on the currently available mechanisms for financing transit in the metropolitan area.

Subd. 10.

Corridor Management Committee.

new text begin The responsible authority
must establish
new text end a Corridor Management Committee deleted text begin shall be establisheddeleted text end to advise the
deleted text begin commissioner of transportationdeleted text end new text begin responsible authoritynew text end in the design and construction of
light rail transit in each corridor to be constructed. The Corridor Management Committeenew text begin
for each corridor
new text end shall consist of the following members:

(1) one member appointed by each city and county in which the corridor is located;

(2) the commissioner of transportation or a designee of the commissioner;

(3) two members appointed by the Metropolitan Council, one of whom shall be
designated as the chair of the committee;

(4) one member appointed by the Metropolitan Airports Commission, if the
designated corridor provides direct service to the Minneapolis-St. Paul International
Airport; and

(5) one member appointed by the president of the University of Minnesota, if the
designated corridor provides direct service to the university.

The Corridor Management Committee shall advise the deleted text begin commissioner of
transportation
deleted text end new text begin responsible authoritynew text end on issues relating to deleted text begin the alternatives analysis,deleted text end
environmental review, preliminary design, preliminary engineering, final design,
implementation method, and construction of light rail transitnew text begin in the corridornew text end .

Subd. 13.

Dispute resolution.

In the event of a dispute between any of the parties
arising from the parties' respective authority and responsibility under this section, the
dispute shall be submitted to the Metropolitan Council for final resolution by any party to
the dispute. The Metropolitan Council shall establish by July 1, 1993, a process to ensure
a prompt and speedy resolution of the dispute. This process shall allow the parties to
provide evidence and testimony in support of their positions.

new text begin Subd. 14. new text end

new text begin Transfer of facility after construction. new text end

new text begin If the commissioner of
transportation is the responsible authority for a particular light rail transit facility, the
commissioner must transfer to the Metropolitan Council all facilities constructed and
all equipment and property acquired in developing the facility upon completion of
construction.
new text end

Sec. 4.

Minnesota Statutes 2006, section 473.3997, is amended to read:


473.3997 FEDERAL FUNDING; LIGHT RAIL TRANSIT.

(a) Upon completion of the alternatives analysis and draft environmental impact
statementnew text begin , and selection of the locally preferred alternative,new text end for deleted text begin the central corridor
transit improvement project
deleted text end new text begin each light rail transit facilitynew text end , the deleted text begin council, the commissioner
of transportation, and the affected regional rail authorities
deleted text end new text begin responsible authoritynew text end may
prepare deleted text begin a jointdeleted text end new text begin annew text end application for federal assistance fornew text begin thenew text end light rail transit deleted text begin facilities in the
metropolitan area
deleted text end new text begin facilitynew text end . new text begin If the commissioner is the responsible authority, new text end the application
must be reviewed and approved by the Metropolitan Council before it is submitted by deleted text begin the
council and
deleted text end the commissioner. In reviewing the application the council must consider the
deleted text begin information submitted to itdeleted text end new text begin operating cost estimate developednew text end under section 473.3994,
subdivision 9
.

(b) deleted text begin Until the application described in paragraph (a) is submitteddeleted text end new text begin Except for the
designated responsible authority for a particular light rail transit facility
new text end , no political
subdivision in the metropolitan area may on its own apply for federal assistance for light
rail transit planning or construction.

Sec. 5.

new text begin [473.3999] LIGHT RAIL TRANSIT CONSTRUCTION IN THE
METROPOLITAN AREA; COUNCIL AUTHORITY.
new text end

new text begin The Metropolitan Council may exercise the powers granted in this chapter and in
other applicable law, as necessary, to plan, design, acquire, construct, and equip light rail
transit facilities in the metropolitan area as defined in section 473.121, subdivision 2.
new text end

Sec. 6.

Minnesota Statutes 2006, section 473.4051, is amended to read:


473.4051 LIGHT RAIL TRANSIT OPERATION.

The council shall operatenew text begin allnew text end light rail transit facilities and servicesnew text begin located in the
metropolitan area
new text end upon completion of construction of the facilities and the commencement
of revenue service using the facilities. The deleted text begin commissioner of transportation and thedeleted text end council
may not allow the commencement of revenue service until after an appropriate period of
acceptance testing to ensurenew text begin safe andnew text end satisfactory performance. In assuming the operation
of the system, the council must comply with section 473.415. The council shall coordinate
operation of the light rail transit system with bus service to avoid duplication of service
on a route served by light rail transit and to ensure the widest possible access to light rail
transit lines in both suburban and urban areas by means of a feeder bus system.

Sec. 7. 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. 8. new text begin REPEALER.
new text end

new text begin Laws 1999, chapter 230, section 44, new text end new text begin is repealed.
new text end

Sec. 9. new text begin EFFECTIVE DATE.
new text end

new text begin This act is effective the day following final enactment.
new text end