SF 1762

3rd Engrossment - 81st Legislature (1999 - 2000) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to transportation; modifying state contract 
  1.3             requirements; allowing department of transportation to 
  1.4             contract for land surveying; clarifying requirements 
  1.5             for notaries and filing corrections to maps and plats 
  1.6             relating to highways; providing for transfer of 
  1.7             certain revolving loan accounts to transportation 
  1.8             revolving loan fund; correcting trunk highway route 
  1.9             description; modifying filing requirements for highway 
  1.10            route location orders; increasing dollar amount for 
  1.11            contracts negotiated by commissioner of transportation 
  1.12            for highway construction or maintenance work; 
  1.13            modifying provisions for estimates and agency costs 
  1.14            relating to county state-aid highway and municipal 
  1.15            state-aid street funds; abolishing provision that 
  1.16            restricted evidence of use of headgear by motorcyclist 
  1.17            to only the question of damages for head injuries; 
  1.18            authorizing commissioner of transportation to 
  1.19            determine dates for seasonal load restrictions; 
  1.20            modifying provision requiring certification for 
  1.21            disbursement from state transportation fund; requiring 
  1.22            commissioner of transportation to be responsible for 
  1.23            design, construction, and operation of commuter rail; 
  1.24            establishing design approval process for commuter 
  1.25            rail; creating commuter rail corridor coordinating 
  1.26            committee; changing period of hours of service 
  1.27            exemption for drivers transporting sugar beets; 
  1.28            requiring petroleum tank truck driver to be at least 
  1.29            18 years old; authorizing commissioner to convey 
  1.30            excess rail bank corridor land to state agency or 
  1.31            political subdivision; modifying provisions governing 
  1.32            state grants for local airports; restricting liability 
  1.33            related to land acquired by municipality for highway 
  1.34            purposes; modifying powers and duties of counties with 
  1.35            respect to light rail and commuter rail transit 
  1.36            planning; modifying deadlines for metropolitan transit 
  1.37            performance evaluation reports by metropolitan 
  1.38            council; establishing priority order for light rail 
  1.39            transit construction; requiring metropolitan council 
  1.40            to develop regional master plan for transit; making 
  1.41            technical corrections; appropriating money; amending 
  1.42            Minnesota Statutes 1998, sections 16C.05, subdivision 
  1.43            2; 16C.09; 160.085, subdivisions 1 and 1a; 161.04, 
  1.44            subdivision 3, and by adding a subdivision; 161.115, 
  1.45            subdivision 164; 161.16, subdivision 2; 161.32, 
  1.46            subdivision 2; 162.06, subdivisions 1, 2, and 6; 
  2.1             162.12, subdivisions 1, 2, and 5; 169.87, subdivision 
  2.2             2; 174.02, by adding a subdivision; 174.50, 
  2.3             subdivision 5; 221.0314, subdivision 9a; 221.033, by 
  2.4             adding a subdivision; 222.63, subdivision 4; 360.0151, 
  2.5             subdivision 2; 360.032, subdivision 1a; 360.305, 
  2.6             subdivision 4; 398A.04, subdivisions 1, 2, and 9; 
  2.7             446A.085, subdivisions 3 and 6; 466.03, by adding a 
  2.8             subdivision; 473.1466; 473.399; 473.3993, subdivision 
  2.9             3; and 473.3994, subdivisions 3, 4, and 10; Laws 1998, 
  2.10            chapter 404, section 17, subdivision 3; proposing 
  2.11            coding for new law in Minnesota Statutes, chapter 174; 
  2.12            repealing Minnesota Statutes 1998, sections 169.832, 
  2.13            subdivision 13; 169.974, subdivision 6; 473.3994, 
  2.14            subdivision 12; and 473.3998. 
  2.15  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  2.16     Section 1.  Minnesota Statutes 1998, section 16C.05, 
  2.17  subdivision 2, is amended to read: 
  2.18     Subd. 2.  [CREATION AND VALIDITY OF CONTRACTS.] (a) A 
  2.19  contract is not valid and the state is not bound by it unless: 
  2.20     (1) it has first been executed by the head of the agency or 
  2.21  a delegate who is a party to the contract; 
  2.22     (2) it has been approved by the commissioner; 
  2.23     (3) it has been approved by the attorney general or a 
  2.24  delegate as to form and execution; 
  2.25     (4) the accounting system shows an obligation in an expense 
  2.26  budget or encumbrance for the amount of the contract liability; 
  2.27  and 
  2.28     (5) the combined contract and amendments shall not exceed 
  2.29  five years, without specific, written approval by the 
  2.30  commissioner according to established policy, procedures, and 
  2.31  standards, or unless otherwise provided for by law.  The term of 
  2.32  the original contract must not exceed two years unless the 
  2.33  commissioner determines that a longer duration is in the best 
  2.34  interest of the state.  
  2.35     (b) Grants, interagency agreements, purchase orders, and 
  2.36  annual plans need not, in the discretion of the commissioner and 
  2.37  attorney general, require the signature of the commissioner 
  2.38  and/or the attorney general. 
  2.39     (c) A fully executed copy of every contract must be kept on 
  2.40  file at the contracting agency. 
  2.41     Sec. 2.  Minnesota Statutes 1998, section 16C.09, is 
  2.42  amended to read: 
  3.1      16C.09 [PROCEDURE FOR SERVICE CONTRACTS.] 
  3.2      (a) Before entering into or approving a service contract, 
  3.3   the commissioner must determine, at least, that: 
  3.4      (1) no current state employee is able and available to 
  3.5   perform the services called for by the contract; 
  3.6      (2) the work to be performed under the contract is 
  3.7   necessary to the agency's achievement of its statutory 
  3.8   responsibilities and there is statutory authority to enter into 
  3.9   the contract; 
  3.10     (3) the contract will not establish an employment 
  3.11  relationship between the state or the agency and any persons 
  3.12  performing under the contract; 
  3.13     (4) the contractor and agents are not employees of the 
  3.14  state; 
  3.15     (5) the contracting agency has specified a satisfactory 
  3.16  method of evaluating and using the results of the work to be 
  3.17  performed; and 
  3.18     (6) the combined contract and amendments will not exceed 
  3.19  five years, without specific, written approval by the 
  3.20  commissioner according to established policy, procedures, and 
  3.21  standards, or unless otherwise provided for by law.  The term of 
  3.22  the original contract must not exceed two years, unless the 
  3.23  commissioner determines that a longer duration is in the best 
  3.24  interest of the state.  
  3.25     (b) For purposes of paragraph (a), clause (1), employees 
  3.26  are available if qualified and: 
  3.27     (i) (1) are already doing the work in question; or 
  3.28     (ii) (2) are on layoff status in classes that can do the 
  3.29  work in question. 
  3.30  An employee is not available if the employee is doing other 
  3.31  work, is retired, or has decided not to do the work in question. 
  3.32     Sec. 3.  Minnesota Statutes 1998, section 160.085, 
  3.33  subdivision 1, is amended to read: 
  3.34     Subdivision 1.  [RECORDING MAP OR PLAT; CERTIFICATION.] (a) 
  3.35  In order to facilitate the acquisition of right-of-way required 
  3.36  for highways, state and county road authorities may file for 
  4.1   record in the office of the county recorder or registrar of 
  4.2   titles in the county in which right-of-way is to be acquired, 
  4.3   such orders or resolutions, as required by law, in the form of 
  4.4   maps or plats showing right-of-way by course distance, bearing 
  4.5   and arc length, and other rights or interests in land to be 
  4.6   acquired as the road authority determines necessary.  Said map 
  4.7   or plat shall show by outline all tracts or parcels of land 
  4.8   affected by the proposed acquisition.  
  4.9      (b) The map or plat, as to trunk highways, shall be 
  4.10  certified by the commissioner of transportation or the 
  4.11  commissioner's designated assistant and any by a licensed land 
  4.12  surveyor in the employ of the state as to trunk highways.  
  4.13     (c) The map or plat shall be certified as to county 
  4.14  state-aid highways and county highways by the chair of the 
  4.15  county board or the county engineer or the engineer's designated 
  4.16  assistant, and by a licensed land surveyor in the employ of the 
  4.17  county.  
  4.18     (d) The map or plat so certified is entitled to record 
  4.19  without compliance with the provisions of chapter 505.  Neither 
  4.20  a witness nor an acknowledgment is required for a map or plat 
  4.21  certified under this subdivision.  Any amendments, 
  4.22  alterations, corrections, rescissions or vacations of such 
  4.23  orders, resolutions, maps or plats so filed shall be entitled to 
  4.24  record in like manner.  The recorder or registrar may make 
  4.25  suitable notations on the appropriate map or plat affected by an 
  4.26  amendment, alteration, correction, rescission or vacation to 
  4.27  direct the attention of anyone examining the record to the 
  4.28  proper map or plat.  
  4.29     Sec. 4.  Minnesota Statutes 1998, section 160.085, 
  4.30  subdivision 1a, is amended to read: 
  4.31     Subd. 1a.  [AMENDING RECORDED MAP OR PLAT.] If an error on 
  4.32  a map or plat incorrectly defines the intended acquisition, but 
  4.33  does not affect any rights of interest to be acquired, a 
  4.34  certificate may be prepared stating what the defect is, what the 
  4.35  correct information is, and which map or plat the certificate 
  4.36  affects.  The certificate shall be signed by a licensed land 
  5.1   surveyor in the employ of the state or county.  The certificate 
  5.2   shall be filed for record in the office of the county recorder 
  5.3   or registrar of titles in the county where the map or plat is 
  5.4   filed.  When so filed the certificate shall amend the map or 
  5.5   plat.  The recorder or registrar may make suitable notations on 
  5.6   the map or plat to which the certificate refers to direct the 
  5.7   attention of anyone examining the map or plat to the record of 
  5.8   the certificate. 
  5.9      Sec. 5.  Minnesota Statutes 1998, section 161.04, 
  5.10  subdivision 3, is amended to read: 
  5.11     Subd. 3.  [TRUNK HIGHWAY REVOLVING LOAN ACCOUNT.] A trunk 
  5.12  highway revolving loan account is created in the trunk highway 
  5.13  fund transportation revolving loan fund under section 446A.085.  
  5.14  The commissioner may transfer money from the trunk highway fund 
  5.15  to the trunk highway revolving loan account.  Money in the 
  5.16  account may be used to make loans.  Funds in the trunk highway 
  5.17  revolving loan account may not be used for any toll facilities 
  5.18  project or congestion-pricing project and may be used only for 
  5.19  trunk highway purposes and repayments and interest from loans of 
  5.20  those funds must be credited to the trunk highway revolving loan 
  5.21  account in the trunk highway transportation revolving loan 
  5.22  fund.  Money in the trunk highway revolving loan account is 
  5.23  annually appropriated to the commissioner and does not lapse.  
  5.24  Interest earned from investment of money in this account must be 
  5.25  deposited in the trunk highway revolving loan account. 
  5.26     Sec. 6.  Minnesota Statutes 1998, section 161.04, is 
  5.27  amended by adding a subdivision to read: 
  5.28     Subd. 4.  [LOANS FOR TRUNK HIGHWAY PROJECTS.] Loans from 
  5.29  the transportation revolving loan fund to the commissioner for 
  5.30  trunk highway projects must be deposited in the trunk highway 
  5.31  fund.  Loan proceeds are appropriated annually to the 
  5.32  commissioner and do not lapse.  Principal and interest payments 
  5.33  on the loan proceeds must be paid from the debt service account 
  5.34  and are considered a long-term obligation of the trunk highway 
  5.35  fund. 
  5.36     Sec. 7.  Minnesota Statutes 1998, section 161.115, 
  6.1   subdivision 164, is amended to read: 
  6.2      Subd. 164.  [ROUTE NO. 233.] Beginning at a point in 
  6.3   Section 35, Township 135 North, Range 26 28 West; thence 
  6.4   extending in a general southerly direction to a point on Route 
  6.5   No. 18 at or near Brainerd. 
  6.6      Sec. 8.  Minnesota Statutes 1998, section 161.16, 
  6.7   subdivision 2, is amended to read: 
  6.8      Subd. 2.  [DESIGNATION AND LOCATION BY ORDER.] The 
  6.9   commissioner shall by order or orders designate such temporary 
  6.10  trunk highways, and on determining the definite location of any 
  6.11  trunk highway or portion thereof, the same shall also be 
  6.12  designated by order or orders.  The definite location of such 
  6.13  highway or portion thereof may be in the form of a map or plat 
  6.14  showing the lands and interests in lands required for trunk 
  6.15  highway purposes.  Formal determination or order if by map or 
  6.16  plat, shall be certified by the commissioner of transportation 
  6.17  on said map or plat.  The commissioner may, by similar order or 
  6.18  orders, change the definite location of any trunk highway 
  6.19  between the fixed termini, as fixed by law, when such changes 
  6.20  are necessary in the interest of safety and convenient public 
  6.21  travel.  The commissioner shall file certified copies of such 
  6.22  orders with the county auditor of the county wherein such 
  6.23  highways are located.  Such certified copies shall become 
  6.24  maintain a file of these orders as permanent records and shall 
  6.25  not be removed from the office or offices wherein filed. 
  6.26     Sec. 9.  Minnesota Statutes 1998, section 161.32, 
  6.27  subdivision 2, is amended to read: 
  6.28     Subd. 2.  [DIRECT NEGOTIATION.] In cases where the 
  6.29  estimated cost of construction work or maintenance work does not 
  6.30  exceed $75,000 $150,000, the commissioner may enter into a 
  6.31  contract for the work by direct negotiation, by obtaining two or 
  6.32  more quotations for the work, and without advertising for bids 
  6.33  or otherwise complying with the requirements of competitive 
  6.34  bidding if the total contractual obligation of the state for the 
  6.35  directly negotiated contract or contracts on any single project 
  6.36  does not exceed $75,000 $150,000.  All quotations obtained shall 
  7.1   be kept on file for a period of at least one year after receipt 
  7.2   of the quotation. 
  7.3      Sec. 10.  Minnesota Statutes 1998, section 162.06, 
  7.4   subdivision 1, is amended to read: 
  7.5      Subdivision 1.  [ESTIMATE.] On or before the second Tuesday 
  7.6   of January By December 15 of each year the commissioner shall 
  7.7   estimate the probable sum amount of money that will accrue be 
  7.8   available to the county state-aid highway fund during the first 
  7.9   six months of each that fiscal year ending June 30.  To such 
  7.10  estimated amounts the commissioner shall add the sum of money 
  7.11  already accrued in the county state-aid highway fund for the 
  7.12  last preceding six-month period ending December 31 of each year, 
  7.13  adjusted to reflect the amount by which The amount available 
  7.14  must be based on actual receipts for the preceding January 1 to 
  7.15  June 30 were different from estimated receipts from July 1 
  7.16  through November 30, the unallocated fund balance, and the 
  7.17  projected receipts for the remainder of the fiscal year.  The 
  7.18  total of such sums available, except for deductions to be first 
  7.19  made as provided herein, shall be apportioned by the 
  7.20  commissioner to the several counties as hereinafter provided. 
  7.21     Sec. 11.  Minnesota Statutes 1998, section 162.06, 
  7.22  subdivision 2, is amended to read: 
  7.23     Subd. 2.  [ADMINISTRATIVE COSTS OF DEPARTMENT.] From the 
  7.24  total of such sums the commissioner shall deduct A sum equal 
  7.25  to of 1-1/2 percent of the total sum.  The sum so deducted shall 
  7.26  be set aside in a separate account and shall be deducted from 
  7.27  the total amount available in the county state-aid highway fund, 
  7.28  set aside in a separate account, and used for administrative 
  7.29  costs incurred by the state transportation department in 
  7.30  carrying out the provisions relating to the county state-aid 
  7.31  highway system.  On the 31st day of December of each year any 
  7.32  money remaining in the account not needed for administrative 
  7.33  costs shall be transferred to the county state-aid highway fund. 
  7.34     Sec. 12.  Minnesota Statutes 1998, section 162.06, 
  7.35  subdivision 6, is amended to read: 
  7.36     Subd. 6.  [COUNTY STATE-AID HIGHWAY REVOLVING LOAN 
  8.1   ACCOUNT.] A county state-aid highway revolving loan account is 
  8.2   created in the county state-aid highway transportation revolving 
  8.3   loan fund.  The commissioner may transfer to the account the 
  8.4   amount allocated under section 162.065.  Money in the account 
  8.5   may be used to make loans.  Funds in the county state-aid 
  8.6   highway revolving loan account may be used only for aid in the 
  8.7   construction, improvement, and maintenance of county state-aid 
  8.8   highways.  Funds in the account may not be used for any toll 
  8.9   facilities project or congestion-pricing project.  Repayments 
  8.10  and interest from loans from the county state-aid highway 
  8.11  revolving loan account must be credited to that account.  Money 
  8.12  in the account is annually appropriated to the commissioner and 
  8.13  does not lapse.  Interest earned from investment of money in 
  8.14  this account must be deposited in the county state-aid highway 
  8.15  revolving loan account. 
  8.16     Sec. 13.  Minnesota Statutes 1998, section 162.12, 
  8.17  subdivision 1, is amended to read: 
  8.18     Subdivision 1.  [ESTIMATE OF ACCRUALS.] On or before the 
  8.19  second Tuesday of January By December 15 of each year the 
  8.20  commissioner shall estimate the probable sum amount of money 
  8.21  that will accrue be available to the municipal state-aid street 
  8.22  fund during the first six months of each year ending June 
  8.23  30 that fiscal year.  To the estimated amount the commissioner 
  8.24  shall add the sum of money already accrued in the municipal 
  8.25  state-aid street fund for the last preceding six-month period 
  8.26  ending December 31, adjusted to reflect the amount by which The 
  8.27  amount available is based on actual receipts for the preceding 
  8.28  January 1 to June 30 were different from estimated receipts from 
  8.29  July 1 through November 30, the unallocated fund balance, and 
  8.30  the projected receipts for the remainder of the fiscal year.  
  8.31  The total of such sums available, except for deductions to be 
  8.32  first made as provided herein, shall be apportioned by the 
  8.33  commissioner to the cities having a population of 5,000 or more 
  8.34  as hereinafter provided. 
  8.35     Sec. 14.  Minnesota Statutes 1998, section 162.12, 
  8.36  subdivision 2, is amended to read: 
  9.1      Subd. 2.  [ADMINISTRATIVE COSTS OF DEPARTMENT.] From the 
  9.2   total of such sums the commissioner, each year, shall deduct A 
  9.3   sum of money equal to one and one-half 1-1/2 percent of the 
  9.4   total sums.  The sum so shall be deducted shall be from the 
  9.5   total available in the municipal state-aid street fund, set 
  9.6   aside in a separate account, and shall be used for 
  9.7   administration costs incurred by the state transportation 
  9.8   department in carrying out the provisions relating to the 
  9.9   municipal state-aid street system.  On the 31st day of December 
  9.10  of each year, any money remaining in the account not needed for 
  9.11  administrative costs shall be transferred to the municipal 
  9.12  state-aid street fund. 
  9.13     Sec. 15.  Minnesota Statutes 1998, section 162.12, 
  9.14  subdivision 5, is amended to read: 
  9.15     Subd. 5.  [MUNICIPAL STATE-AID STREET REVOLVING LOAN 
  9.16  ACCOUNT.] A municipal state-aid street revolving loan account is 
  9.17  created in the municipal state-aid street transportation 
  9.18  revolving loan fund.  The commissioner may transfer to the 
  9.19  account the amount allocated under section 162.125.  Money in 
  9.20  the account may be used to make loans.  Funds in the municipal 
  9.21  state-aid street revolving loan account may be used only for aid 
  9.22  in the construction, improvement, and maintenance of municipal 
  9.23  state-aid streets.  Funds in the account may not be used for any 
  9.24  toll facilities project or congestion-pricing project.  
  9.25  Repayments and interest from loans from the municipal state-aid 
  9.26  street revolving loan account must be credited to that account.  
  9.27  Money in the account is annually appropriated to the 
  9.28  commissioner and does not lapse.  Interest earned from 
  9.29  investment of money in this account must be deposited in the 
  9.30  municipal state-aid street revolving loan account. 
  9.31     Sec. 16.  Minnesota Statutes 1998, section 169.87, 
  9.32  subdivision 2, is amended to read: 
  9.33     Subd. 2.  [SEASONAL LOAD RESTRICTIONS.] Except for portland 
  9.34  cement concrete roads, from March 20 to May 15 of between the 
  9.35  dates set by the commissioner of transportation each year, the 
  9.36  weight on any single axle shall not exceed five tons on a county 
 10.1   or highway, town road, or city street that has not been 
 10.2   restricted as provided in subdivision 1.  The gross weight on 
 10.3   consecutive axles shall not exceed the gross weight allowed in 
 10.4   section 169.825 multiplied by a factor of five divided by nine.  
 10.5   This reduction shall not apply to the gross vehicle weight. 
 10.6      Sec. 17.  Minnesota Statutes 1998, section 174.02, is 
 10.7   amended by adding a subdivision to read: 
 10.8      Subd. 7.  [LOANS TO COMMISSIONER.] The commissioner of 
 10.9   transportation may apply for and receive loans, as defined in 
 10.10  section 446A.085, subdivision 1, paragraph (d), from the 
 10.11  transportation revolving loan fund created in section 446A.085, 
 10.12  and may enter into agreements for the repayments of the loans. 
 10.13     Sec. 18.  Minnesota Statutes 1998, section 174.50, 
 10.14  subdivision 5, is amended to read: 
 10.15     Subd. 5.  [CERTIFICATION AND DISBURSAL FOR PROJECT OF 
 10.16  POLITICAL SUBDIVISION.] Before disbursement of an appropriation 
 10.17  made from the fund to the commissioner of transportation for 
 10.18  grants to subdivisions of the state, the commissioner shall 
 10.19  certify to the commissioner of finance: 
 10.20     (1) that the project for which the grant is made has been 
 10.21  reviewed as provided in subdivision 4; 
 10.22     (2) that the project conforms to the program authorized by 
 10.23  the appropriation law and rules adopted by the department of 
 10.24  transportation consistent therewith; and 
 10.25     (3) that the financing of any estimated cost of the project 
 10.26  in excess of the amount of the grant is assured by the 
 10.27  appropriation of the proceeds of bonds or other funds of the 
 10.28  subdivision, or by a grant from an agency of the federal 
 10.29  government, within the amount of funds then appropriated to that 
 10.30  agency and allocated by it to projects within the state, and by 
 10.31  an irrevocable undertaking, in a resolution of the governing 
 10.32  body of the subdivision, to use all funds so made available 
 10.33  exclusively for the project, and to pay any additional amount by 
 10.34  which the cost exceeds the estimate through appropriation to the 
 10.35  construction fund of additional funds or the proceeds of 
 10.36  additional bonds to be issued by the subdivision. 
 11.1      Sec. 19.  [174.80] [DEFINITIONS.] 
 11.2      Subdivision 1.  [TERMS.] For the purposes of sections 
 11.3   174.80 to 174.90, the terms defined in this section have the 
 11.4   meanings given them. 
 11.5      Subd. 2.  [ADVANCED CORRIDOR PLAN.] "Advanced corridor plan"
 11.6   means a commuter rail plan that: 
 11.7      (1) contains a physical design component that identifies 
 11.8   the physical design of facilities, including: 
 11.9      (i) location, length, and termini of routes; 
 11.10     (ii) maintenance facility locations; 
 11.11     (iii) safety improvements; 
 11.12     (iv) station locations and design; and 
 11.13     (v) related park and ride, parking, and other 
 11.14  transportation facilities; 
 11.15     (2) specifies track and signal improvements; 
 11.16     (3) addresses handicapped access; 
 11.17     (4) specifies intermodal coordination and connections with 
 11.18  bus and light rail transit operation and routes; 
 11.19     (5) projects ridership, capital costs, operating costs, and 
 11.20  revenues; 
 11.21     (6) identifies sources of funds for operating subsidies and 
 11.22  funding for final design, construction, and operation; 
 11.23     (7) describes an implementation method; 
 11.24     (8) describes a plan for public involvement and public 
 11.25  information; 
 11.26     (9) defines anticipated agreements with the railroads; and 
 11.27     (10) addresses land use impacts. 
 11.28  The preliminary design plan may include the draft environmental 
 11.29  impact statement for the proposed commuter rail facilities. 
 11.30     Subd. 3.  [PRELIMINARY ENGINEERING PLAN.] "Preliminary 
 11.31  engineering plan" means a commuter rail plan that includes those 
 11.32  items in the advanced corridor plan that relate to facilities 
 11.33  proposed for construction, but with additional detail and 
 11.34  specificity in satisfaction of applicable environmental 
 11.35  requirements. 
 11.36     Subd. 4.  [FINAL DESIGN PLAN.] "Final design plan" means a 
 12.1   commuter rail plan that includes the items in the advanced 
 12.2   corridor plan and the preliminary engineering plan, but with 
 12.3   additional detail and specificity as needed for construction and 
 12.4   operation. 
 12.5      Sec. 20.  [174.82] [COMMISSIONER'S DUTIES.] 
 12.6      The commissioner shall be responsible for all aspects of 
 12.7   planning, developing, constructing, operating, and maintaining 
 12.8   commuter rail, including system planning, advanced corridor 
 12.9   planning, preliminary engineering, final design, construction, 
 12.10  negotiating with railroads, and developing financial and 
 12.11  operating plans.  The commissioner may enter into a memorandum 
 12.12  of understanding or agreement with a public or private entity, 
 12.13  including a regional railroad authority, a joint powers board, 
 12.14  and a railroad, to carry out these activities. 
 12.15     Sec. 21.  [174.84] [COMMUTER RAIL SYSTEM PLANNING.] 
 12.16     Subdivision 1.  [GENERAL PLAN REQUIREMENTS.] By January 15, 
 12.17  2000, the commissioner shall adopt a commuter rail system plan 
 12.18  to ensure that if commuter rail facilities are acquired, 
 12.19  developed, constructed, owned, and operated in Minnesota, these 
 12.20  activities will be done in an efficient, cost-effective manner, 
 12.21  and in coordination with buses and other transportation modes 
 12.22  and facilities.  The commissioner shall consult with affected 
 12.23  regional railroad authorities and may incorporate into its plan 
 12.24  elements of the plans of regional railroad authorities in order 
 12.25  to avoid duplication of efforts.  The commissioner may 
 12.26  periodically update the system plan. 
 12.27     Subd. 2.  [APPROVAL OF COMMUTER RAIL SYSTEM PLAN.] The 
 12.28  commuter rail system plan must be approved by metropolitan 
 12.29  planning organizations in areas in which commuter rail will be 
 12.30  located before the commissioner may begin final design of 
 12.31  commuter rail facilities.  Following approval of the plan, the 
 12.32  commissioner shall act in conformity with the plan.  The 
 12.33  commissioner shall ensure that final design plans are consistent 
 12.34  with the commuter rail plan. 
 12.35     Subd. 3.  [ENGINEERING STANDARDS.] The plan must include 
 12.36  engineering standards that provide for integrated operation of 
 13.1   all commuter rail equipment, facilities, and services, including 
 13.2   security, station design parameters, fare box systems, and 
 13.3   safety. 
 13.4      Subd. 4.  [INTEGRATION OF SYSTEM.] The commissioner and 
 13.5   metropolitan planning organizations shall ensure that if 
 13.6   commuter rail facilities are planned, designed, and implemented 
 13.7   in Minnesota, they will be planned, designed, and implemented in 
 13.8   such a way as to move transit users to, from, and within the 
 13.9   metropolitan area, and to provide a unified, integrated, and 
 13.10  efficient multimodal transportation system with rail transit 
 13.11  lines that interface with each other and with other 
 13.12  transportation facilities. 
 13.13     Sec. 22.  [174.86] [COMMUTER RAIL PLAN; REVIEW.] 
 13.14     Subdivision 1.  [ADVANCED CORRIDOR PLAN; PUBLIC 
 13.15  HEARING.] Before a final design plan is prepared for commuter 
 13.16  rail facilities, the commissioner must hold a public hearing on 
 13.17  the physical design component of the advanced corridor plan.  
 13.18  The commissioner must provide appropriate public notice of the 
 13.19  hearing and publicity to ensure that affected parties have an 
 13.20  opportunity to present their views at the hearing.  The 
 13.21  commissioner shall summarize the proceedings and testimony and 
 13.22  maintain the record of a hearing held under this subdivision, 
 13.23  including any written statements submitted. 
 13.24     Subd. 2.  [PHYSICAL DESIGN COMPONENT; LOCAL PARTICIPATION.] 
 13.25  At least 30 days before the hearing under subdivision 1, the 
 13.26  commissioner shall submit the physical design component of the 
 13.27  advanced corridor plan to the governing body of each statutory 
 13.28  and home rule charter city, county, and town in which the route 
 13.29  is to be located.  Within 45 days after the hearing under 
 13.30  subdivision 1, the city, county, or town shall review and 
 13.31  comment on the plan.  Within 45 days of the hearing, a city or 
 13.32  town shall approve or disapprove the location and design of the 
 13.33  station to be located in the city or town.  A city or town that 
 13.34  disapproves shall describe specific amendments to the plan that, 
 13.35  if adopted, would cause the city or town to withdraw its 
 13.36  disapproval.  Failure to comment in writing within 45 days after 
 14.1   the hearing is deemed to be accepted unless an extension of time 
 14.2   is agreed to by the metropolitan planning organization and the 
 14.3   commissioner of transportation. 
 14.4      Subd. 3.  [MODIFICATION OF ADVANCED CORRIDOR PLAN.] After 
 14.5   the hearing under subdivision 1, and after the receipt of 
 14.6   comment under subdivision 2, the commissioner may modify the 
 14.7   advanced corridor plan. 
 14.8      Subd. 4.  [ADVANCED CORRIDOR PLAN; METROPOLITAN PLANNING 
 14.9   ORGANIZATION REVIEW.] Before constructing commuter rail 
 14.10  facilities, the commissioner shall submit the advanced corridor 
 14.11  plan to each metropolitan planning organization in which the 
 14.12  route is to be located.  The metropolitan planning organization 
 14.13  shall hold a hearing on the plan allowing the commissioner, 
 14.14  local governmental units, and other persons to present their 
 14.15  views as to whether the plan is consistent with the metropolitan 
 14.16  planning organization's development guide.  Within 60 days after 
 14.17  the hearing, the metropolitan planning organization shall review 
 14.18  the plan submitted by the commissioner to determine whether it 
 14.19  is consistent with the development guide.  If the plan is 
 14.20  consistent with the development guide, the metropolitan planning 
 14.21  organization shall approve it.  If the plan is not consistent 
 14.22  with the development guide, the metropolitan planning 
 14.23  organization shall submit to the commissioner proposed 
 14.24  amendments to the plan to make it consistent with the 
 14.25  development guide.  The commissioner shall incorporate the 
 14.26  proposed amendments into the final design plan. 
 14.27     Subd. 5.  [COMMUTER RAIL CORRIDOR COORDINATING 
 14.28  COMMITTEE.] (a) A commuter rail corridor coordinating committee 
 14.29  shall be established to advise the commissioner on issues 
 14.30  relating to the alternatives analysis, environmental review, 
 14.31  advanced corridor planning, preliminary engineering, final 
 14.32  design, implementation method, construction of commuter rail, 
 14.33  public involvement, land use, service, and safety.  The commuter 
 14.34  rail corridor coordinating committee shall consist of: 
 14.35     (1) one member representing each significant funding 
 14.36  partner in whose jurisdiction the line or lines are located; 
 15.1      (2) one member appointed by each county in which the 
 15.2   corridors are located; 
 15.3      (3) one member appointed by each city in which advanced 
 15.4   corridor plans indicate that a station may be located; 
 15.5      (4) two members appointed by the commissioner, one of whom 
 15.6   shall be designated by the commissioner as the chair of the 
 15.7   committee; 
 15.8      (5) one member appointed by each metropolitan planning 
 15.9   organization through which the commuter rail line may pass; and 
 15.10     (6) one member appointed by the president of the University 
 15.11  of Minnesota, if a designated corridor provides direct service 
 15.12  to the university. 
 15.13     (b) A joint powers board existing on April 1, 1999, 
 15.14  consisting of local governments along a commuter rail corridor, 
 15.15  shall perform the functions set forth in paragraph (a) in place 
 15.16  of the committee. 
 15.17     Sec. 23.  [174.88] [COMMUTER RAIL FUNDING.] 
 15.18     The commissioner, in cooperation with appropriate 
 15.19  metropolitan planning organizations, may apply for funding from 
 15.20  federal, state, regional, local, and private sources for 
 15.21  commuter rail facility construction, operation, implementation, 
 15.22  maintenance, and improvement. 
 15.23     Sec. 24.  [174.90] [COMMUTER RAIL OPERATION.] 
 15.24     The commissioner may contract for operation of commuter 
 15.25  rail facilities with the metropolitan council or other public or 
 15.26  private entities and shall commence revenue service after an 
 15.27  appropriate period of start-up to ensure satisfactory 
 15.28  performance.  The commissioner shall coordinate with transit 
 15.29  providers to ensure integration of the commuter rail system with 
 15.30  bus and light rail transit service to avoid duplication of 
 15.31  service and to ensure the greatest access to commuter rail lines 
 15.32  in suburban and urban areas. 
 15.33     Sec. 25.  Minnesota Statutes 1998, section 221.0314, 
 15.34  subdivision 9a, is amended to read: 
 15.35     Subd. 9a.  [HOURS OF SERVICE EXEMPTIONS.] The federal 
 15.36  regulations incorporated in subdivision 9 for maximum driving 
 16.1   and on-duty time do not apply to drivers engaged in the 
 16.2   interstate or intrastate transportation of: 
 16.3      (1) agricultural commodities or farm supplies for 
 16.4   agricultural purposes in Minnesota during the planting and 
 16.5   harvesting seasons from March 15 to December 15 of each year; or 
 16.6      (2) sugar beets during the harvesting season for sugar 
 16.7   beets from September 1 to March May 15 of each year; 
 16.8   if the transportation is limited to an area within a 
 16.9   100-air-mile radius from the source of the commodities or the 
 16.10  distribution point for the farm supplies. 
 16.11     Sec. 26.  Minnesota Statutes 1998, section 221.033, is 
 16.12  amended by adding a subdivision to read: 
 16.13     Subd. 2c.  [AGE OF PETROLEUM TANK TRUCK DRIVER.] A driver 
 16.14  of a motorized tank truck vehicle having a capacity of less than 
 16.15  3,500 gallons, who is engaged in the intrastate transportation 
 16.16  of petroleum products, must be at least 18 years of age. 
 16.17     Sec. 27.  Minnesota Statutes 1998, section 222.63, 
 16.18  subdivision 4, is amended to read: 
 16.19     Subd. 4.  [DISPOSITION PERMITTED.] (a) The commissioner may 
 16.20  lease any rail line or right-of-way held in the state rail bank 
 16.21  or enter into an agreement with any person for the operation of 
 16.22  any rail line or right-of-way for any of the purposes set forth 
 16.23  in subdivision 2 in accordance with a fee schedule to be 
 16.24  developed by the commissioner. 
 16.25     (b) The commissioner may convey any rail line or 
 16.26  right-of-way, for consideration or for no consideration and upon 
 16.27  other terms as the commissioner may determine to be in the 
 16.28  public interest, to any other state agency or to a governmental 
 16.29  subdivision of the state having power by law to utilize it for 
 16.30  any of the purposes set forth in subdivision 2. 
 16.31     (c) The commissioner may convey a portion of previously 
 16.32  acquired rail bank right-of-way to a state agency or 
 16.33  governmental subdivision when the commissioner determines that: 
 16.34     (1) the portion to be conveyed is in excess of that needed 
 16.35  for the purposes stated in subdivision 2; 
 16.36     (2) the conveyance is upon terms and conditions agreed upon 
 17.1   by both the commissioner and the state agency or governmental 
 17.2   subdivision; 
 17.3      (3) after the sale, the rail bank corridor will continue to 
 17.4   meet the future public and commercial transportation and 
 17.5   transmission needs of the state; and 
 17.6      (4) the conveyance will not reduce the width of the rail 
 17.7   bank corridor to less than 50 feet. 
 17.8      Proceeds from a sale shall be deposited in the rail bank 
 17.9   maintenance account described in subdivision 8. 
 17.10     Sec. 28.  Minnesota Statutes 1998, section 360.0151, 
 17.11  subdivision 2, is amended to read: 
 17.12     Subd. 2.  [GRANTS AUTHORIZED.] (a) The commissioner may 
 17.13  make air service marketing grants to political subdivisions that 
 17.14  own and operate airports designated by order of the commissioner 
 17.15  as key airports.  The commissioner shall make a project 
 17.16  agreement with each political subdivision receiving a grant 
 17.17  under this section that provides for: 
 17.18     (1) a detailed description of the project for which the 
 17.19  grant is provided; 
 17.20     (2) a schedule of the project; and 
 17.21     (3) the division of costs of the project between the state 
 17.22  and the recipient. 
 17.23     (b) Payments by the commissioner under a project agreement 
 17.24  may only be made to reimburse local costs already incurred. 
 17.25     Sec. 29.  Minnesota Statutes 1998, section 360.032, 
 17.26  subdivision 1a, is amended to read: 
 17.27     Subd. 1a.  [MUNICIPALITY MAY ACQUIRE OR MOVE AIRPORT 
 17.28  PROPERTY; REIMBURSEMENT.] A municipality may exercise the powers 
 17.29  set forth in this subdivision solely for the purpose of 
 17.30  assisting the relocation of air navigation facilities, 
 17.31  structures, and other property incidental to airport operations, 
 17.32  which are located at an airport owned or formerly owned by the 
 17.33  municipality. 
 17.34     A municipality may acquire air navigation facilities, 
 17.35  structures and other property incidental to airport operations, 
 17.36  which are located at an airport owned or formerly owned by the 
 18.1   municipality.  In lieu of such acquisition, the municipality may 
 18.2   move and relocate such property to another public airport.  The 
 18.3   manner of acquisition of such property shall be in accordance 
 18.4   with subdivision 2.  The municipality may expend its funds to 
 18.5   pay for the costs of such acquisition, moving and relocation. 
 18.6   The commissioner may pay a portion of such acquisition, moving 
 18.7   and relocation costs in accordance with the provisions of 
 18.8   section 360.305, subdivision 4, clause (2) paragraph (b) or (c). 
 18.9      Sec. 30.  Minnesota Statutes 1998, section 360.305, 
 18.10  subdivision 4, is amended to read: 
 18.11     Subd. 4.  [COSTS ALLOCATED; LOCAL CONTRIBUTION; HANGAR 
 18.12  CONSTRUCTION REVOLVING ACCOUNT.] (1) (a) Except as otherwise 
 18.13  provided in this subdivision, the commissioner of transportation 
 18.14  shall require as a condition of assistance by the state that the 
 18.15  political subdivision, municipality, or public corporation make 
 18.16  a substantial contribution to the cost of the construction, 
 18.17  improvement, maintenance, or operation, these costs are referred 
 18.18  to as project costs of the airport, in connection with which the 
 18.19  assistance of the state is sought.  These costs are referred to 
 18.20  as project costs.  
 18.21     (2) (b) For any airport, whether key, intermediate or 
 18.22  landing strip, where only state and local funds are to be used, 
 18.23  the contribution shall be not less than one-fifth of the sum of: 
 18.24     (a) (1) the project costs, 
 18.25     (b) (2) acquisition costs of the land and clear zones, 
 18.26  which are referred to as "acquisition costs." 
 18.27     (c) For any airport where federal, state and local funds 
 18.28  are to be used, the contribution shall not be less than 
 18.29  one-tenth of the sum of the project costs and acquisition costs. 
 18.30     (3) (d) The commissioner may pay the total cost of radio 
 18.31  and navigational aids. 
 18.32     (4) (e) Notwithstanding clause (2) paragraph (b) or (c), 
 18.33  the commissioner may pay all of the project costs of a new 
 18.34  landing strip, but not an intermediate airport or key airport, 
 18.35  or may pay an amount equal to the federal funds granted and used 
 18.36  for a new landing strip plus all of the remaining project costs; 
 19.1   but the total amount paid by the commissioner for the project 
 19.2   costs of a new landing strip, unless specifically authorized by 
 19.3   an act appropriating funds for the new landing strip, shall not 
 19.4   exceed $200,000. 
 19.5      (5) (f) Notwithstanding clause (2) paragraph (b) or (c), 
 19.6   the commissioner may pay all the project costs for research and 
 19.7   development projects, including, but not limited to noise 
 19.8   abatement; provided that in no event shall the sums expended 
 19.9   under this clause paragraph exceed five percent of the amount 
 19.10  appropriated for construction grants.  
 19.11     (6) (g) To receive aid under this section for project costs 
 19.12  or for acquisition costs, the municipality must enter into an 
 19.13  agreement with the commissioner giving assurance that the 
 19.14  airport will be operated and maintained in a safe, serviceable 
 19.15  manner for aeronautical purposes only for the use and benefit of 
 19.16  the public: 
 19.17     (1) for a period of 20 years after the date that the any 
 19.18  state funds for project costs are received by the municipality; 
 19.19  and 
 19.20     (2) for 99 years after the date that any state funds for 
 19.21  acquisition costs are received by the municipality.  
 19.22  The agreement may contain other conditions as the commissioner 
 19.23  deems reasonable. 
 19.24     (7) (h) The commissioner shall establish a hangar 
 19.25  construction revolving account which shall be used for the 
 19.26  purpose of financing the construction of hangar buildings to be 
 19.27  constructed by municipalities owning airports.  All 
 19.28  municipalities owning airports are authorized to enter into 
 19.29  contracts for the construction of hangars, and contracts with 
 19.30  the commissioner for the financing of hangar construction for an 
 19.31  amount and period of time as may be determined by the 
 19.32  commissioner and municipality.  All receipts from the financing 
 19.33  contracts shall be deposited in the hangar construction 
 19.34  revolving account and are reappropriated for the purpose of 
 19.35  financing construction of hangar buildings.  The commissioner 
 19.36  may pay from the hangar construction revolving account 80 
 20.1   percent of the cost of financing construction of hangar 
 20.2   buildings.  For purposes of this clause, the "construction" of 
 20.3   hangars shall include their design.  The commissioner shall 
 20.4   transfer up to $4,100,000 from the state airports fund to the 
 20.5   hangar construction revolving account. 
 20.6      (8) (i) The commissioner may pay a portion of the purchase 
 20.7   price of any airport maintenance and safety equipment and of the 
 20.8   actual airport snow removal costs incurred by any municipality.  
 20.9   The portion to be paid by the state shall not exceed two-thirds 
 20.10  of the cost of the purchase price or snow removal.  To receive 
 20.11  aid a municipality must enter into an agreement of the type 
 20.12  referred to in clause (6) paragraph (g). 
 20.13     (9) (j) This subdivision shall apply only to project costs 
 20.14  or acquisition costs of municipally owned airports which are 
 20.15  incurred after June 1, 1971. 
 20.16     Sec. 31.  Minnesota Statutes 1998, section 398A.04, 
 20.17  subdivision 1, is amended to read: 
 20.18     Subdivision 1.  [GENERAL.] An authority may exercise all 
 20.19  the powers necessary or desirable to implement the powers 
 20.20  specifically granted in this section, and in exercising the 
 20.21  powers is deemed to be performing an essential governmental 
 20.22  function and exercising a part of the sovereign power of the 
 20.23  state, and is a local government unit and political subdivision 
 20.24  of the state.  Without limiting the generality of the foregoing, 
 20.25  the authority may: 
 20.26     (a) sue and be sued, have a seal, which may but need not be 
 20.27  affixed to documents as directed by the board, make and perform 
 20.28  contracts, and have perpetual succession; 
 20.29     (b) acquire real and personal property within or outside 
 20.30  its taxing jurisdiction, by purchase, gift, devise, 
 20.31  condemnation, conditional sale, lease, lease purchase, or 
 20.32  otherwise; or for purposes, including the facilitation of an 
 20.33  economic development project pursuant to section 383B.81 or 
 20.34  469.091 or 469.175, subdivision 7, that also improve rail 
 20.35  service; and 
 20.36     (c) hold, manage, control, sell, convey, lease, mortgage, 
 21.1   or otherwise dispose of real or personal property; and 
 21.2      (d) make grants or otherwise appropriate funds to the 
 21.3   department of transportation, the metropolitan council, or any 
 21.4   other state or local governmental unit for the purposes 
 21.5   described in subdivision 2 with respect to railroad facilities 
 21.6   located or to be located within the authority's jurisdiction, 
 21.7   whether or not the facilities will be acquired, constructed, 
 21.8   owned, or operated by the authority. 
 21.9      Sec. 32.  Minnesota Statutes 1998, section 398A.04, 
 21.10  subdivision 2, is amended to read: 
 21.11     Subd. 2.  [RAILROAD ACQUISITION AND OPERATION.] The 
 21.12  authority may plan, establish, acquire, develop, construct, 
 21.13  purchase, enlarge, extend, improve, maintain, equip, operate, 
 21.14  regulate, and protect railroads and railroad facilities, 
 21.15  including but not limited to terminal buildings, roadways, 
 21.16  crossings, bridges, causeways, tunnels, equipment, and rolling 
 21.17  stock.  The authority may not expend state or federal funds to 
 21.18  engage in planning for or development of light rail transit or 
 21.19  commuter rail transit, unless this activity is consistent with a 
 21.20  plan adopted by the department of transportation under section 
 21.21  174.84 and a plan adopted by the metropolitan council under 
 21.22  section 473.399, and is carried out pursuant to a memorandum of 
 21.23  understanding executed by the authority and the commissioner 
 21.24  after appropriate consultation with the metropolitan council. 
 21.25     Sec. 33.  Minnesota Statutes 1998, section 398A.04, 
 21.26  subdivision 9, is amended to read: 
 21.27     Subd. 9.  [AGREEMENTS.] The authority may enter into joint 
 21.28  powers agreements under section 471.59 or other agreements with 
 21.29  the municipality or municipalities named in the organization 
 21.30  agreement, or; with other municipalities situated in the 
 21.31  counties named in the resolution, respecting the matters 
 21.32  referred to in section 398A.06 or; with another authority; with 
 21.33  a state agency; or with the metropolitan council about any 
 21.34  matter subject to this chapter. 
 21.35     Sec. 34.  Minnesota Statutes 1998, section 446A.085, 
 21.36  subdivision 3, is amended to read: 
 22.1      Subd. 3.  [ESTABLISHMENT OF FUND.] A transportation 
 22.2   revolving loan fund is established to make loans for the 
 22.3   purposes described in subdivision 2.  A highway account is 
 22.4   established in the fund for highway projects.  A transit account 
 22.5   is established in the fund for transit capital projects.  The 
 22.6   transportation revolving loan fund shall receive federal money 
 22.7   under the act and money from any source other than the trunk 
 22.8   highway fund, the county state-aid highway fund, and the 
 22.9   municipal state-aid street fund.  Money received under this 
 22.10  section must be paid to the state treasurer and credited to the 
 22.11  transportation revolving loan fund.  Money in the fund is 
 22.12  annually appropriated to the commissioner and does not lapse.  
 22.13  The fund must be credited with investment income, and with 
 22.14  repayments of principal and interest, except for servicing fees 
 22.15  assessed under sections 446A.04, subdivision 5, and 446A.11, 
 22.16  subdivision 8. 
 22.17     Sec. 35.  Minnesota Statutes 1998, section 446A.085, 
 22.18  subdivision 6, is amended to read: 
 22.19     Subd. 6.  [TRANSPORTATION COMMITTEE.] The transportation 
 22.20  committee may make authorize the making of loans to borrowers by 
 22.21  the authority for transportation purposes authorized by the act, 
 22.22  without further action by the authority.  The authority may not 
 22.23  make loans for transportation purposes without the approval of 
 22.24  the transportation committee.  Each project must be certified by 
 22.25  the commissioner of transportation before its consideration by 
 22.26  the transportation committee. 
 22.27     Sec. 36.  Minnesota Statutes 1998, section 466.03, is 
 22.28  amended by adding a subdivision to read: 
 22.29     Subd. 19.  [USE OF LAND HELD UNDER SECTION 473.167.] Any 
 22.30  claim based on the condition, use, or maintenance of land 
 22.31  acquired and held by the municipality under section 473.167.  
 22.32  Nothing in this subdivision limits the liability of a 
 22.33  municipality for conduct that would entitle a trespasser to 
 22.34  damages against a private person. 
 22.35     Sec. 37.  Minnesota Statutes 1998, section 473.1466, is 
 22.36  amended to read: 
 23.1      473.1466 [PERFORMANCE AUDIT; TRANSIT EVALUATION.] 
 23.2      (a) In 1997 and every four years thereafter, the council 
 23.3   shall provide for an independent entity selected through a 
 23.4   request for proposal process conducted nationwide to do a 
 23.5   performance audit of the commuting area's transportation system 
 23.6   as a whole.  The performance audit must evaluate the commuting 
 23.7   area's ability to meet the region's needs for effective and 
 23.8   efficient transportation of goods and people, evaluate future 
 23.9   trends and their impacts on the region's transportation system, 
 23.10  and make recommendations for improving the system.  The 
 23.11  performance audit must recommend performance-funding measures.  
 23.12     (b) In 1997 1999 and every two four years thereafter, the 
 23.13  council must evaluate the performance of the metropolitan 
 23.14  transit system's operation in relationship to the regional 
 23.15  transit performance standards developed by the council. 
 23.16     Sec. 38.  Minnesota Statutes 1998, section 473.399, is 
 23.17  amended to read: 
 23.18     473.399 [LIGHT RAIL TRANSIT AND COMMUTER RAIL PLANNING.] 
 23.19     Subdivision 1.  [GENERAL REQUIREMENTS.] (a) The council 
 23.20  shall adopt a plan to ensure that light rail transit facilities 
 23.21  in the metropolitan area will be acquired, developed, owned, and 
 23.22  capable of operation in an efficient, cost-effective, and 
 23.23  coordinated manner in coordination with buses and other 
 23.24  transportation modes and facilities.  The plan may be developed 
 23.25  and adopted in phases corresponding to phasing of construction 
 23.26  of light rail.  To the extent practicable, The council shall may 
 23.27  incorporate into its plan appropriate elements of the plans of 
 23.28  regional railroad authorities in order to avoid duplication of 
 23.29  effort. 
 23.30     (b) The light rail transit plan or first phase of the plan 
 23.31  required by this section must be adopted by the council before 
 23.32  the commissioner of transportation may begin construction of 
 23.33  light rail transit facilities.  Following adoption of the plan, 
 23.34  each regional railroad authority and the commissioner of 
 23.35  transportation shall act in conformity with the plan.  The 
 23.36  commissioner shall prepare or amend the final design plans as 
 24.1   necessary to make the plans consistent with the light rail 
 24.2   transit plan. 
 24.3      (c) Throughout the development and implementation of the 
 24.4   plan, the council shall contract for or otherwise obtain 
 24.5   engineering services to assure that the plan adequately 
 24.6   addresses the technical aspects of light rail transit. 
 24.7      Subd. 1a.  [INTEGRATED TRANSPORTATION SYSTEM.] The 
 24.8   commissioner of transportation, and the metropolitan council, 
 24.9   and the regional rail authorities shall ensure that the light 
 24.10  rail transit and commuter rail facilities are planned, designed, 
 24.11  and implemented:  (1) to move commuters and transit users into 
 24.12  and out of, as well as within, the metropolitan area, and (2) to 
 24.13  ensure that rail transit lines will interface with each other 
 24.14  and other transportation facilities and services so as to 
 24.15  provide a unified, integrated, and efficient multimodal 
 24.16  transportation system. 
 24.17     Sec. 39.  Minnesota Statutes 1998, section 473.3993, 
 24.18  subdivision 3, is amended to read: 
 24.19     Subd. 3.  [FINAL DESIGN PLAN.] "Final design plan" means a 
 24.20  light rail transit plan that includes the items in the 
 24.21  preliminary design plan and the preliminary engineering plan for 
 24.22  the facilities proposed but with greater detail and specificity 
 24.23  needed for construction.  The final design plan must include, at 
 24.24  a minimum:  
 24.25     (1) final plans for the physical design of facilities, 
 24.26  including the right-of-way definition; environmental impacts and 
 24.27  mitigation measures; intermodal coordination with bus operations 
 24.28  and routes; and civil engineering plans for vehicles, track, 
 24.29  stations, parking, and access, including handicapped access; and 
 24.30     (2) final plans for civil engineering for electrification, 
 24.31  communication, and other similar facilities; operational rules, 
 24.32  procedures, and strategies; capital costs; ridership; operating 
 24.33  costs and revenues, and sources of funds for operating 
 24.34  subsidies; financing for construction and operation; an 
 24.35  implementation method; and other similar matters.  
 24.36     The final design plan must be stated with sufficient 
 25.1   particularity and detail to allow the proposer to begin the 
 25.2   acquisition and construction of operable facilities.  If a 
 25.3   turn-key design-build implementation method is proposed, instead 
 25.4   of civil engineering plans the final design plan must state 
 25.5   detailed design criteria and performance standards for the 
 25.6   facilities. 
 25.7      The commissioner of transportation may use a design-build 
 25.8   method of project development and construction for light rail 
 25.9   transit.  Notwithstanding any law to the contrary, the 
 25.10  commissioner may award a design-build contract on the basis of 
 25.11  requests for proposals or requests for qualifications without 
 25.12  bids.  "Design-build method of project development and 
 25.13  construction" means a project delivery system in which a single 
 25.14  contractor is responsible for both the design and construction 
 25.15  of the project and bids the design and construction together. 
 25.16     Sec. 40.  Minnesota Statutes 1998, section 473.3994, 
 25.17  subdivision 3, is amended to read: 
 25.18     Subd. 3.  [PRELIMINARY DESIGN PLANS; LOCAL APPROVAL.] At 
 25.19  least 30 days before the hearing under subdivision 2, the 
 25.20  commissioner of transportation and the regional railroad 
 25.21  authority or authorities in whose jurisdiction the line or lines 
 25.22  are located shall submit the physical design component of the 
 25.23  preliminary design plans to the governing body of each statutory 
 25.24  and home rule charter city, county, and town in which the route 
 25.25  is proposed to be located.  The city, county, or town shall hold 
 25.26  a public hearing, except that a county board need not hold a 
 25.27  hearing if the county board membership is identical to the 
 25.28  membership of the regional railroad authority submitting the 
 25.29  plan for review.  Within 45 days after the hearing under 
 25.30  subdivision 2, the city, county, or town shall review and 
 25.31  approve or disapprove the plans for the route to be located in 
 25.32  the city, county, or town.  A local unit of government that 
 25.33  disapproves the plans shall describe specific amendments to the 
 25.34  plans that, if adopted, would cause the local unit to withdraw 
 25.35  its disapproval.  Failure to approve or disapprove the plans in 
 25.36  writing within 45 days after the hearing is deemed to be 
 26.1   approval, unless an extension of time is agreed to by the city, 
 26.2   county, or town, and the commissioner of transportation, and the 
 26.3   regional railroad authority or authorities in whose jurisdiction 
 26.4   the line or lines are located. 
 26.5      Sec. 41.  Minnesota Statutes 1998, section 473.3994, 
 26.6   subdivision 4, is amended to read: 
 26.7      Subd. 4.  [PRELIMINARY DESIGN PLANS; COUNCIL REFERRAL.] If 
 26.8   the governing body of one or more cities, counties, or towns 
 26.9   disapproves the preliminary design plans within the period 
 26.10  allowed under subdivision 3, the commissioner of transportation 
 26.11  and the regional railroad authority or authorities in whose 
 26.12  jurisdiction the line or lines are located may refer the plans, 
 26.13  along with any comments of local jurisdictions, to the 
 26.14  metropolitan council.  The council shall hold a hearing on the 
 26.15  plans, giving the commissioner of transportation and the 
 26.16  regional railroad authority or authorities in whose jurisdiction 
 26.17  the line or lines are located, any disapproving local 
 26.18  governmental units, and other persons an opportunity to present 
 26.19  their views on the plans.  The council may conduct independent 
 26.20  study as it deems desirable and may mediate and attempt to 
 26.21  resolve disagreements about the plans.  Within 90 days after the 
 26.22  referral, the council shall review the plans submitted by the 
 26.23  commissioner of transportation and the regional railroad 
 26.24  authority or authorities in whose jurisdiction the line or lines 
 26.25  are located and the council shall decide what amendments to the 
 26.26  plans, if any, must be made to accommodate the objections 
 26.27  presented by the disapproving local governmental units.  The 
 26.28  commissioner and the regional railroad authority shall make the 
 26.29  amendments to the plans before continuing the planning and 
 26.30  designing process.  
 26.31     Sec. 42.  Minnesota Statutes 1998, section 473.3994, 
 26.32  subdivision 10, is amended to read: 
 26.33     Subd. 10.  [CORRIDOR MANAGEMENT COMMITTEE.] A corridor 
 26.34  management committee shall be established to advise the 
 26.35  commissioner of transportation in the design and construction of 
 26.36  light rail transit in each corridor to be constructed.  The 
 27.1   corridor management committee shall consist of the following 
 27.2   members:  
 27.3      (1) one member appointed by the joint powers board 
 27.4   established under section 473.3998; 
 27.5      (2) one member appointed by each city and county in which 
 27.6   the corridor is located; 
 27.7      (3) (2) the commissioner of transportation or a designee of 
 27.8   the commissioner; 
 27.9      (4) (3) two members appointed by the metropolitan council, 
 27.10  one of whom shall be designated as the chair of the committee; 
 27.11     (5) (4) one member appointed by the metropolitan airports 
 27.12  commission, if the designated corridor provides direct service 
 27.13  to the Minneapolis-St. Paul International Airport; and 
 27.14     (6) (5) one member appointed by the president of the 
 27.15  University of Minnesota, if the designated corridor provides 
 27.16  direct service to the university. 
 27.17     The corridor management committee shall advise the 
 27.18  commissioner of transportation and the regional railroad 
 27.19  authority or authorities in whose jurisdiction the line or lines 
 27.20  are located on issues relating to the alternatives analysis, 
 27.21  environmental review, preliminary design, preliminary 
 27.22  engineering, final design, implementation method, and 
 27.23  construction of light rail transit. 
 27.24     Sec. 43.  Laws 1998, chapter 404, section 17, subdivision 
 27.25  3, is amended to read: 
 27.26  Subd. 3.  Transitways                                46,500,000 
 27.27  (a) This appropriation is to match 
 27.28  federal and local funding for the 
 27.29  planning, design, engineering, and 
 27.30  construction of transitways in the 
 27.31  metropolitan area. 
 27.32  (b) $40,000,000 is for the preliminary 
 27.33  engineering, final design, and 
 27.34  construction of light rail transit in 
 27.35  the Hiawatha Avenue corridor from 
 27.36  downtown Minneapolis through 
 27.37  Minneapolis-St. Paul International 
 27.38  Airport and the site of the former Met 
 27.39  Center or surrounding area with a 
 27.40  terminus in southern Hennepin or 
 27.41  northern Dakota county. 
 27.42  The Hiawatha Avenue corridor management 
 27.43  committee created pursuant to Minnesota 
 28.1   Statutes, section 473.3994, subdivision 
 28.2   10, shall establish an advisory 
 28.3   committee of: 
 28.4   (1) individuals who reside near the 
 28.5   proposed corridor; 
 28.6   (2) representatives of businesses 
 28.7   located within one mile on either side 
 28.8   of the corridor; and 
 28.9   (3) elected officials, including 
 28.10  legislators, who represent the area in 
 28.11  which the Hiawatha corridor is located. 
 28.12  The advisory committee shall advise the 
 28.13  corridor management committee on issues 
 28.14  relating to the preliminary 
 28.15  engineering, final design, and 
 28.16  construction of light rail facilities, 
 28.17  including the proposed alignment for 
 28.18  the corridor. 
 28.19  (c) The funds in this paragraph must be 
 28.20  distributed as grants to appropriate 
 28.21  county regional rail authorities upon 
 28.22  execution of a work program memorandum 
 28.23  of understanding with the commissioner 
 28.24  as follows: 
 28.25  (1) $3,000,000 to match federal funding 
 28.26  for a major investment study, 
 28.27  engineering, and implementation in the 
 28.28  Riverview corridor between the east 
 28.29  side of St. Paul and the 
 28.30  Minneapolis-St. Paul International 
 28.31  Airport and the Mall of America and in 
 28.32  the central corridor between downtown 
 28.33  St. Paul and downtown Minneapolis; 
 28.34  (2) $1,500,000 to match federal funding 
 28.35  for a major investment study, 
 28.36  engineering, and implementation in the 
 28.37  Northstar corridor linking downtown 
 28.38  Minneapolis to the St. Cloud area and 
 28.39  to study the feasibility of commuter 
 28.40  rail and other transportation 
 28.41  improvements within the corridor; 
 28.42  (3) $500,000 to study potential transit 
 28.43  improvements and engineering studies in 
 28.44  the Cedar Avenue corridor to link the 
 28.45  Hiawatha, Riverview, and Northstar 
 28.46  transit corridors with Dakota county; 
 28.47  and 
 28.48  (4) $500,000 to develop engineering 
 28.49  documents for a commuter rail line from 
 28.50  Minneapolis to downtown St. Paul 
 28.51  through southern Washington county to 
 28.52  Hastings. 
 28.53  The commissioner of transportation, in 
 28.54  coordination with the North Star 
 28.55  Corridor Joint Powers Authority and the 
 28.56  St. Cloud area planning agency, shall 
 28.57  study the transportation needs within 
 28.58  the St. Cloud metropolitan area.  
 28.59  (d) $1,000,000 is available as grants 
 28.60  to appropriate county regional rail 
 29.1   authorities to conduct major investment 
 29.2   studies and to develop engineering 
 29.3   documents for commuter rail lines in 
 29.4   the following corridors: 
 29.5   (1) the Young America corridor from 
 29.6   Carver county to Minneapolis and St. 
 29.7   Paul; 
 29.8   (2) the Bethel corridor linking 
 29.9   Cambridge with the Northstar corridor 
 29.10  in Anoka county; 
 29.11  (3) the Northwest corridor from 
 29.12  downtown Minneapolis to the Northwest 
 29.13  suburbs of Hennepin county; and 
 29.14  (4) other commuter rail corridors 
 29.15  identified in phase II of the 
 29.16  department of transportation's commuter 
 29.17  rail service study, except for the 
 29.18  corridors identified in paragraph (c). 
 29.19  The appropriation in this paragraph is 
 29.20  not available until the completion of 
 29.21  the commuter rail service study as 
 29.22  provided in Laws 1997, chapter 159, 
 29.23  article 2, section 51.  The funds may 
 29.24  be made available only after approval 
 29.25  by the commissioner of transportation 
 29.26  of an application submitted by county 
 29.27  regional rail authorities that is 
 29.28  consistent with the results of the 
 29.29  commuter rail service study and 
 29.30  demonstrates a coordinated 
 29.31  implementation strategy and upon 
 29.32  execution of a work program memorandum 
 29.33  of understanding with the commissioner. 
 29.34     Sec. 44.  [CONSTRUCTION OF RAIL FACILITIES.] 
 29.35     Neither the state nor any political subdivision may apply 
 29.36  for federal assistance or receive any state appropriation or 
 29.37  grant for light rail transit construction until the commissioner 
 29.38  begins construction of light rail transit facilities in either 
 29.39  the Riverview corridor, connecting the east side of St. Paul, 
 29.40  the Minneapolis-St. Paul International Airport, and the Mall of 
 29.41  America; or the central corridor, between downtown St. Paul and 
 29.42  downtown Minneapolis.  This prohibition does not apply to 
 29.43  applications for federal funding or receipt of state funding for 
 29.44  light rail transit in the Hiawatha corridor, connecting downtown 
 29.45  Minneapolis, the Minneapolis-St. Paul International Airport, and 
 29.46  the vicinity of the Mall of America; in the Riverview corridor; 
 29.47  or in the central corridor.  
 29.48     Sec. 45.  [TRANSIT PLAN; REPORT.] 
 29.49     A regional master plan for transit must be developed by the 
 30.1   metropolitan council, in consultation with the commissioner of 
 30.2   transportation and the regional railroad authorities in the 
 30.3   metropolitan area.  The plan must be completed for presentation 
 30.4   to the legislature by February 1, 2000.  The plan must include 
 30.5   bus and rail development and must be balanced.  It must include 
 30.6   bus, busway, and light rail transit investments based on: 
 30.7      (1) population density; 
 30.8      (2) employment concentrations and job density; 
 30.9      (3) transit dependent segments of the population; 
 30.10     (4) redevelopment and reinvestment; 
 30.11     (5) opportunities in the core of the region; and 
 30.12     (6) adequacy of existing transportation corridors. 
 30.13     Sec. 46.  [REPEALER.] 
 30.14     Minnesota Statutes 1998, sections 169.832, subdivision 13; 
 30.15  169.974, subdivision 6; 473.3994, subdivision 12; and 473.3998, 
 30.16  are repealed. 
 30.17     Sec. 47.  [EFFECTIVE DATES.] 
 30.18     Sections 1, 2, 7, 8, and 26, are effective the day 
 30.19  following final enactment.  Sections 3 to 6, 9, 12, 15, 17, 28 
 30.20  to 30, 34, and 35, are effective July 1, 1999.