SF 1668

as introduced - 87th Legislature (2011 - 2012) Posted on 02/03/2012 11:14am

A bill for an act
relating to metropolitan government; requiring city, county, and town approval
prior to constructing light rail transit facilities; amending Minnesota Statutes
2010, section 473.3994, subdivisions 3, 4, 5, 7.

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

Section 1.

Minnesota Statutes 2010, section 473.3994, subdivision 3, is amended to
read:

Subd. 3.

Preliminary design plans; local approval.

At least 30 days before the
hearing under subdivision 2, the responsible authority 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 deleted text begin describe deleted text end new text begin submit to the council a resolution passed by the
governing body of the local unit of government that includes either new text end specific amendments
to the plans that, if adopted, would cause the local unit to withdraw its disapproval new text begin or a
statement that no amendment would cause the local unit of government to withdraw its
disapproval. A disapproving local unit of government may approve the plans at any time
by submitting to the council a resolution passed by its governing body that states the local
governing unit withdraws its disapproval new text end . 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 responsible authority.

Sec. 2.

Minnesota Statutes 2010, section 473.3994, subdivision 4, is amended to read:

Subd. 4.

Preliminary design plans; council hearing.

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 council shall hold a hearing on the plans,
giving the commissioner of transportation, if the responsible authority, 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 60 days after the hearing,
the council shall review the plans and shall decide what amendments to the plans, if
any, must be made to accommodate the objections presented by the disapproving local
governmental units. new text begin The council and any disapproving local unit of government may
negotiate acceptable amendments. The negotiations are not limited to the amendments
proposed by the local unit of government submitted to the council under subdivision 3. If
the council decides that it will not make amendments to the plan and the disapproving
local unit of government has not withdrawn its disapproval, as described in subdivision 3,
the council shall not proceed with the proposed preliminary design plan. new text end Amendments
to the plans as decided by the council must be made before continuing the planning and
designing process.

Sec. 3.

Minnesota Statutes 2010, section 473.3994, subdivision 5, is amended to read:

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 responsible authority shall submit the changed component of
the 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 deleted text begin describe deleted text end new text begin submit to the council a resolution
passed by the governing body of the local unit of government that includes either new text end specific
amendments to the plans that, if adopted, would cause the local unit to withdraw its
disapproval new text begin or a statement that no amendment would cause the local unit of government to
withdraw its disapproval. A disapproving local unit of government may approve the plans
at any time by submitting to the council a resolution passed by its governing body that
states the local governing unit withdraws its disapproval new text end . 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 responsible authority.

(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 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.

Sec. 4.

Minnesota Statutes 2010, section 473.3994, subdivision 7, is amended to read:

Subd. 7.

Council review.

If the commissioner is the responsible authority, 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. new text begin
This review is in addition to the hearing process described in subdivisions 2 to 5.
new text end