2nd 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; authorizing commissioner of 1.16 transportation to determine dates for seasonal load 1.17 restrictions; modifying provision requiring 1.18 certification for disbursement from state 1.19 transportation fund; requiring commissioner of 1.20 transportation to be responsible for design, 1.21 construction, and operation of commuter rail; 1.22 establishing design approval process for commuter 1.23 rail; creating commuter rail corridor coordinating 1.24 committee; changing period of hours of service 1.25 exemption for drivers transporting sugar beets; 1.26 authorizing commissioner to convey excess rail bank 1.27 corridor land to state agency or political 1.28 subdivision; modifying provisions governing state 1.29 grants for local airports; limiting powers and duties 1.30 of counties with respect to light rail and commuter 1.31 rail transit planning; modifying deadlines for 1.32 metropolitan transit performance evaluation reports by 1.33 metropolitan council; establishing priority order for 1.34 light rail transit construction; requiring 1.35 metropolitan council to develop regional master plan 1.36 for transit; making technical corrections; 1.37 appropriating money; amending Minnesota Statutes 1998, 1.38 sections 16C.05, subdivision 2; 16C.09; 160.085, 1.39 subdivisions 1 and 1a; 161.04, subdivision 3, and by 1.40 adding a subdivision; 161.115, subdivision 164; 1.41 161.16, subdivision 2; 161.32, subdivision 2; 162.06, 1.42 subdivisions 1, 2, and 6; 162.12, subdivisions 1, 2, 1.43 and 5; 169.87, subdivision 2; 174.02, by adding a 1.44 subdivision; 174.50, subdivision 5; 221.0314, 1.45 subdivision 9a; 222.63, subdivision 4; 360.0151, 1.46 subdivision 2; 360.032, subdivision 1a; 360.305, 2.1 subdivision 4; 398A.04, subdivision 2; 446A.085, 2.2 subdivisions 3 and 6; 473.1466; 473.399; 473.3993, 2.3 subdivision 3; and 473.3994, subdivisions 3, 4, and 2.4 10; Laws 1998, chapter 404, section 17, subdivision 3; 2.5 proposing coding for new law in Minnesota Statutes, 2.6 chapter 174; repealing Minnesota Statutes 1998, 2.7 sections 169.832, subdivision 13; 473.3994, 2.8 subdivision 12; and 473.3998. 2.9 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 2.10 Section 1. Minnesota Statutes 1998, section 16C.05, 2.11 subdivision 2, is amended to read: 2.12 Subd. 2. [CREATION AND VALIDITY OF CONTRACTS.] (a) A 2.13 contract is not valid and the state is not bound by it unless: 2.14 (1) it has first been executed by the head of the agency or 2.15 a delegate who is a party to the contract; 2.16 (2) it has been approved by the commissioner; 2.17 (3) it has been approved by the attorney general or a 2.18 delegate as to form and execution; 2.19 (4) the accounting system shows an obligation in an expense 2.20 budget or encumbrance for the amount of the contract liability; 2.21 and 2.22 (5) the combined contract and amendments shall not exceed 2.23 five years
,without specific, written approval by the 2.24 commissioner according to established policy, procedures, and 2.25 standards, or unless otherwise provided for by law. The term of 2.26 the original contract must not exceed two years unless the 2.27 commissioner determines that a longer duration is in the best 2.28 interest of the state. 2.29 (b) Grants, interagency agreements, purchase orders, and 2.30 annual plans need not, in the discretion of the commissioner and 2.31 attorney general, require the signature of the commissioner 2.32 and/or the attorney general. 2.33 (c) A fully executed copy of every contract must be kept on 2.34 file at the contracting agency. 2.35 Sec. 2. Minnesota Statutes 1998, section 16C.09, is 2.36 amended to read: 2.37 16C.09 [PROCEDURE FOR SERVICE CONTRACTS.] 2.38 (a) Before entering into or approving a service contract, 2.39 the commissioner must determine, at least, that: 3.1 (1) no current state employee is able and available to 3.2 perform the services called for by the contract; 3.3 (2) the work to be performed under the contract is 3.4 necessary to the agency's achievement of its statutory 3.5 responsibilities and there is statutory authority to enter into 3.6 the contract; 3.7 (3) the contract will not establish an employment 3.8 relationship between the state or the agency and any persons 3.9 performing under the contract; 3.10 (4) the contractor and agents are not employees of the 3.11 state; 3.12 (5) the contracting agency has specified a satisfactory 3.13 method of evaluating and using the results of the work to be 3.14 performed; and 3.15 (6) the combined contract and amendments will not exceed 3.16 five years ,without specific, written approval by the 3.17 commissioner according to established policy, procedures, and 3.18 standards, or unless otherwise provided for by law. The term of 3.19 the original contract must not exceed two years, unless the 3.20 commissioner determines that a longer duration is in the best 3.21 interest of the state. 3.22 (b) For purposes of paragraph (a), clause (1), employees 3.23 are available if qualified and: 3.24 (i)(1) are already doing the work in question; or 3.25 (ii)(2) are on layoff status in classes that can do the 3.26 work in question. 3.27 An employee is not available if the employee is doing other 3.28 work, is retired, or has decided not to do the work in question. 3.29 Sec. 3. Minnesota Statutes 1998, section 160.085, 3.30 subdivision 1, is amended to read: 3.31 Subdivision 1. [RECORDING MAP OR PLAT; CERTIFICATION.] (a) 3.32 In order to facilitate the acquisition of right-of-way required 3.33 for highways, state and county road authorities may file for 3.34 record in the office of the county recorder or registrar of 3.35 titles in the county in which right-of-way is to be acquired, 3.36 such orders or resolutions, as required by law, in the form of 4.1 maps or plats showing right-of-way by course distance, bearing 4.2 and arc length, and other rights or interests in land to be 4.3 acquired as the road authority determines necessary. Said map 4.4 or plat shall show by outline all tracts or parcels of land 4.5 affected by the proposed acquisition. 4.6 (b) The map or plat, as to trunk highways, shall be 4.7 certified by the commissioner of transportation or the 4.8 commissioner's designated assistant and anyby a licensed land 4.9 surveyor in the employ of the state as to trunk highways. 4.10 (c) The map or plat shall be certified as to county 4.11 state-aid highways and county highways by the chair of the 4.12 county board or the county engineer or the engineer's designated 4.13 assistant, and by a licensed land surveyor in the employ of the 4.14 county. 4.15 (d) The map or plat so certified is entitled to record 4.16 without compliance with the provisions of chapter 505. Neither 4.17 a witness nor an acknowledgment is required for a map or plat 4.18 certified under this subdivision. Any amendments, 4.19 alterations, corrections, rescissions or vacations of such 4.20 orders, resolutions, maps or plats so filed shall be entitled to 4.21 record in like manner. The recorder or registrar may make 4.22 suitable notations on the appropriate map or plat affected by an 4.23 amendment, alteration, correction, rescission or vacation to 4.24 direct the attention of anyone examining the record to the 4.25 proper map or plat. 4.26 Sec. 4. Minnesota Statutes 1998, section 160.085, 4.27 subdivision 1a, is amended to read: 4.28 Subd. 1a. [AMENDING RECORDED MAP OR PLAT.] If an error on 4.29 a map or plat incorrectly defines the intended acquisition, but 4.30 does not affect any rights of interest to be acquired, a 4.31 certificate may be prepared stating what the defect is, what the 4.32 correct information is, and which map or plat the certificate 4.33 affects. The certificate shall be signed by a licensed land 4.34 surveyor in the employ of the state or county. The certificate 4.35 shall be filed for record in the office of the county recorder 4.36 or registrar of titles in the county where the map or plat is 5.1 filed. When so filed the certificate shall amend the map or 5.2 plat. The recorder or registrar may make suitable notations on 5.3 the map or plat to which the certificate refers to direct the 5.4 attention of anyone examining the map or plat to the record of 5.5 the certificate. 5.6 Sec. 5. Minnesota Statutes 1998, section 161.04, 5.7 subdivision 3, is amended to read: 5.8 Subd. 3. [TRUNK HIGHWAY REVOLVING LOAN ACCOUNT.] A trunk 5.9 highway revolving loan account is created in the trunk highway5.10 fundtransportation revolving loan fund under section 446A.085. 5.11 The commissioner may transfer money from the trunk highway fund 5.12 to the trunk highway revolving loan account. Money in the 5.13 account may be used to make loans. Funds in the trunk highway 5.14 revolving loan account may not be used for any toll facilities 5.15 project or congestion-pricing project and may be used only for 5.16 trunk highway purposes and repayments and interest from loans of 5.17 those funds must be credited to the trunk highway revolving loan 5.18 account in the trunk highwaytransportation revolving loan 5.19 fund. Money in the trunk highway revolving loan account is 5.20 annually appropriated to the commissioner and does not lapse. 5.21 Interest earned from investment of money in this account must be 5.22 deposited in the trunk highway revolving loan account. 5.23 Sec. 6. Minnesota Statutes 1998, section 161.04, is 5.24 amended by adding a subdivision to read: 5.25 Subd. 4. [LOANS FOR TRUNK HIGHWAY PROJECTS.] Loans from 5.26 the transportation revolving loan fund to the commissioner for 5.27 trunk highway projects must be deposited in the trunk highway 5.28 fund. Loan proceeds are appropriated annually to the 5.29 commissioner and do not lapse. Principal and interest payments 5.30 on the loan proceeds must be paid from the debt service account 5.31 and are considered a long-term obligation of the trunk highway 5.32 fund. 5.33 Sec. 7. Minnesota Statutes 1998, section 161.115, 5.34 subdivision 164, is amended to read: 5.35 Subd. 164. [ROUTE NO. 233.] Beginning at a point in 5.36 Section 35, Township 135 North, Range 2628 West; thence 6.1 extending in a general southerly direction to a point on Route 6.2 No. 18 at or near Brainerd. 6.3 Sec. 8. Minnesota Statutes 1998, section 161.16, 6.4 subdivision 2, is amended to read: 6.5 Subd. 2. [DESIGNATION AND LOCATION BY ORDER.] The 6.6 commissioner shall by order or orders designate such temporary 6.7 trunk highways, and on determining the definite location of any 6.8 trunk highway or portion thereof, the same shall also be 6.9 designated by order or orders. The definite location of such 6.10 highway or portion thereof may be in the form of a map or plat 6.11 showing the lands and interests in lands required for trunk 6.12 highway purposes. Formal determination or order if by map or 6.13 plat, shall be certified by the commissioner of transportation 6.14 on said map or plat. The commissioner may, by similar order or 6.15 orders, change the definite location of any trunk highway 6.16 between the fixed termini, as fixed by law, when such changes 6.17 are necessary in the interest of safety and convenient public 6.18 travel. The commissioner shall file certified copies of such6.19 orders with the county auditor of the county wherein such6.20 highways are located. Such certified copies shall become6.21 maintain a file of these orders as permanent records and shall6.22 not be removed from the office or offices wherein filed. 6.23 Sec. 9. Minnesota Statutes 1998, section 161.32, 6.24 subdivision 2, is amended to read: 6.25 Subd. 2. [DIRECT NEGOTIATION.] In cases where the 6.26 estimated cost of construction work or maintenance work does not 6.27 exceed $75,000$150,000, the commissioner may enter into a 6.28 contract for the work by direct negotiation, by obtaining two or 6.29 more quotations for the work, and without advertising for bids 6.30 or otherwise complying with the requirements of competitive 6.31 bidding if the total contractual obligation of the state for the 6.32 directly negotiated contract or contracts on any single project 6.33 does not exceed $75,000$150,000. All quotations obtained shall 6.34 be kept on file for a period of at least one year after receipt 6.35 of the quotation. 6.36 Sec. 10. Minnesota Statutes 1998, section 162.06, 7.1 subdivision 1, is amended to read: 7.2 Subdivision 1. [ESTIMATE.] On or before the second Tuesday7.3 of JanuaryBy December 15 of each year the commissioner shall 7.4 estimate the probable sumamount of money that will accruebe 7.5 available to the county state-aid highway fund during the first7.6 six months of eachthat fiscal year ending June 30. To such7.7 estimated amounts the commissioner shall add the sum of money7.8 already accrued in the county state-aid highway fund for the7.9 last preceding six-month period ending December 31 of each year,7.10 adjusted to reflect the amount by whichThe amount available 7.11 must be based on actual receipts for the preceding January 1 to7.12 June 30 were different from estimated receiptsfrom July 1 7.13 through November 30, the unallocated fund balance, and the 7.14 projected receipts for the remainder of the fiscal year. The 7.15 total of such sumsavailable, except for deductions to be first7.16 madeas provided herein, shall be apportioned by the 7.17 commissioner to the severalcounties as hereinafter provided. 7.18 Sec. 11. Minnesota Statutes 1998, section 162.06, 7.19 subdivision 2, is amended to read: 7.20 Subd. 2. [ADMINISTRATIVE COSTS OF DEPARTMENT.] From the7.21 total of such sums the commissioner shall deductA sum equal7.22 toof 1-1/2 percent of the total sum. The sum so deducted shall7.23 be set aside in a separate account andshall be deducted from 7.24 the total amount available in the county state-aid highway fund, 7.25 set aside in a separate account, and used for administrative 7.26 costs incurred by the state transportation department in 7.27 carrying out the provisions relating to the county state-aid 7.28 highway system. On the 31st day of December of each year any7.29 money remaining in the account not needed for administrative7.30 costs shall be transferred to the county state-aid highway fund.7.31 Sec. 12. Minnesota Statutes 1998, section 162.06, 7.32 subdivision 6, is amended to read: 7.33 Subd. 6. [COUNTY STATE-AID HIGHWAY REVOLVING LOAN 7.34 ACCOUNT.] A county state-aid highway revolving loan account is 7.35 created in the county state-aid highwaytransportation revolving 7.36 loan fund. The commissioner may transfer to the account the 8.1 amount allocated under section 162.065. Money in the account 8.2 may be used to make loans. Funds in the county state-aid 8.3 highway revolving loan account may be used only for aid in the 8.4 construction, improvement, and maintenance of county state-aid 8.5 highways. Funds in the account may not be used for any toll 8.6 facilities project or congestion-pricing project. Repayments 8.7 and interest from loans from the county state-aid highway 8.8 revolving loan account must be credited to that account. Money 8.9 in the account is annually appropriated to the commissioner and 8.10 does not lapse. Interest earned from investment of money in 8.11 this account must be deposited in the county state-aid highway 8.12 revolving loan account. 8.13 Sec. 13. Minnesota Statutes 1998, section 162.12, 8.14 subdivision 1, is amended to read: 8.15 Subdivision 1. [ESTIMATE OF ACCRUALS.] On or before the8.16 second Tuesday of JanuaryBy December 15 of each year the 8.17 commissioner shall estimate the probable sumamount of money 8.18 that will accruebe available to the municipal state-aid street 8.19 fund during the first six months of each year ending June8.20 30that fiscal year. To the estimated amount the commissioner8.21 shall add the sum of money already accrued in the municipal8.22 state-aid street fund for the last preceding six-month period8.23 ending December 31, adjusted to reflect the amount by whichThe 8.24 amount available is based on actual receipts for the preceding8.25 January 1 to June 30 were different from estimated receiptsfrom 8.26 July 1 through November 30, the unallocated fund balance, and 8.27 the projected receipts for the remainder of the fiscal year. 8.28 The total of such sumsavailable, except for deductions to be8.29 first madeas provided herein, shall be apportioned by the 8.30 commissioner to the cities having a population of 5,000 or more 8.31 as hereinafter provided. 8.32 Sec. 14. Minnesota Statutes 1998, section 162.12, 8.33 subdivision 2, is amended to read: 8.34 Subd. 2. [ADMINISTRATIVE COSTS OF DEPARTMENT.] From the8.35 total of such sums the commissioner, each year, shall deductA 8.36 sum of money equal to one and one-half1-1/2 percent of the9.1 total sums. The sum soshall be deducted shall befrom the 9.2 total available in the municipal state-aid street fund, set 9.3 aside in a separate account, and shall beused for 9.4 administration costs incurred by the state transportation 9.5 department in carrying out the provisions relating to the 9.6 municipal state-aid street system. On the 31st day of December9.7 of each year, any money remaining in the account not needed for9.8 administrative costs shall be transferred to the municipal9.9 state-aid street fund.9.10 Sec. 15. Minnesota Statutes 1998, section 162.12, 9.11 subdivision 5, is amended to read: 9.12 Subd. 5. [MUNICIPAL STATE-AID STREET REVOLVING LOAN 9.13 ACCOUNT.] A municipal state-aid street revolving loan account is 9.14 created in the municipal state-aid streettransportation 9.15 revolving loan fund. The commissioner may transfer to the 9.16 account the amount allocated under section 162.125. Money in 9.17 the account may be used to make loans. Funds in the municipal 9.18 state-aid street revolving loan account may be used only for aid 9.19 in the construction, improvement, and maintenance of municipal 9.20 state-aid streets. Funds in the account may not be used for any 9.21 toll facilities project or congestion-pricing project. 9.22 Repayments and interest from loans from the municipal state-aid 9.23 street revolving loan account must be credited to that account. 9.24 Money in the account is annually appropriated to the 9.25 commissioner and does not lapse. Interest earned from 9.26 investment of money in this account must be deposited in the 9.27 municipal state-aid street revolving loan account. 9.28 Sec. 16. Minnesota Statutes 1998, section 169.87, 9.29 subdivision 2, is amended to read: 9.30 Subd. 2. [SEASONAL LOAD RESTRICTIONS.] Except for portland 9.31 cement concrete roads, from March 20 to May 15 ofbetween the 9.32 dates set by the commissioner of transportation each year, the 9.33 weight on any single axle shall not exceed five tons on a county 9.34 or town road that has not been restricted as provided in 9.35 subdivision 1. The gross weight on consecutive axles shall not 9.36 exceed the gross weight allowed in section 169.825 multiplied by 10.1 a factor of five divided by nine. This reduction shall not 10.2 apply to the gross vehicle weight. 10.3 Sec. 17. Minnesota Statutes 1998, section 174.02, is 10.4 amended by adding a subdivision to read: 10.5 Subd. 7. [LOANS TO COMMISSIONER.] The commissioner of 10.6 transportation may apply for and receive loans, as defined in 10.7 section 446A.085, subdivision 1, paragraph (d), from the 10.8 transportation revolving loan fund created in section 446A.085, 10.9 and may enter into agreements for the repayments of the loans. 10.10 Sec. 18. Minnesota Statutes 1998, section 174.50, 10.11 subdivision 5, is amended to read: 10.12 Subd. 5. [CERTIFICATION AND DISBURSAL FOR PROJECT OF 10.13 POLITICAL SUBDIVISION.] Before disbursement of an appropriation 10.14 made from the fund to the commissioner of transportation for 10.15 grants to subdivisions of the state, the commissioner shall 10.16 certify to the commissioner of finance: 10.17 (1) that the project for which the grant is made has been 10.18 reviewed as provided in subdivision 4; 10.19 (2) that the project conforms to the program authorized by 10.20 the appropriation law and rules adopted by the department of 10.21 transportation consistent therewith; and 10.22 (3) that the financing of any estimated cost of the project 10.23 in excess of the amount of the grant is assured by the 10.24 appropriation of the proceeds of bonds or other funds of the 10.25 subdivision, or by a grant from an agency of the federal 10.26 government, within the amount of funds then appropriated to that 10.27 agency and allocated by it to projects within the state, and by 10.28 an irrevocable undertaking, in a resolution of the governing 10.29 body of the subdivision, to use all funds so made available 10.30 exclusively for the project, and to pay any additional amount by 10.31 which the cost exceeds the estimate through appropriation to the 10.32 construction fund of additional funds or the proceeds of 10.33 additional bonds to be issued by the subdivision. 10.34 Sec. 19. [174.80] [DEFINITIONS.] 10.35 Subdivision 1. [TERMS.] For the purposes of sections 10.36 174.80 to 174.90, the terms defined in this section have the 11.1 meanings given them. 11.2 Subd. 2. [ADVANCED CORRIDOR PLAN.] "Advanced corridor plan" 11.3 means a commuter rail plan that: 11.4 (1) contains a physical design component that identifies 11.5 the physical design of facilities, including: 11.6 (i) location, length, and termini of routes; 11.7 (ii) maintenance facility locations; 11.8 (iii) safety improvements; 11.9 (iv) station locations and design; and 11.10 (v) related park and ride, parking, and other 11.11 transportation facilities; 11.12 (2) specifies track and signal improvements; 11.13 (3) addresses handicapped access; 11.14 (4) specifies intermodal coordination and connections with 11.15 bus and light rail transit operation and routes; 11.16 (5) projects ridership, capital costs, operating costs, and 11.17 revenues; 11.18 (6) identifies sources of funds for operating subsidies and 11.19 funding for final design, construction, and operation; 11.20 (7) describes an implementation method; 11.21 (8) describes a plan for public involvement and public 11.22 information; 11.23 (9) defines anticipated agreements with the railroads; and 11.24 (10) addresses land use impacts. 11.25 The preliminary design plan may include the draft environmental 11.26 impact statement for the proposed commuter rail facilities. 11.27 Subd. 3. [PRELIMINARY ENGINEERING PLAN.] "Preliminary 11.28 engineering plan" means a commuter rail plan that includes those 11.29 items in the advanced corridor plan that relate to facilities 11.30 proposed for construction, but with additional detail and 11.31 specificity in satisfaction of applicable environmental 11.32 requirements. 11.33 Subd. 4. [FINAL DESIGN PLAN.] "Final design plan" means a 11.34 commuter rail plan that includes the items in the advanced 11.35 corridor plan and the preliminary engineering plan, but with 11.36 additional detail and specificity as needed for construction and 12.1 operation. 12.2 Sec. 20. [174.82] [COMMISSIONER'S DUTIES.] 12.3 The commissioner shall be responsible for all aspects of 12.4 planning, developing, constructing, operating, and maintaining 12.5 commuter rail, including system planning, advanced corridor 12.6 planning, preliminary engineering, final design, construction, 12.7 negotiating with railroads, and developing financial and 12.8 operating plans. The commissioner may enter into a memorandum 12.9 of understanding or agreement with a public or private entity, 12.10 including a regional railroad authority, a joint powers board, 12.11 and a railroad, to carry out these activities. 12.12 Sec. 21. [174.84] [COMMUTER RAIL SYSTEM PLANNING.] 12.13 Subdivision 1. [GENERAL PLAN REQUIREMENTS.] By January 15, 12.14 2000, the commissioner shall adopt a commuter rail system plan 12.15 to ensure that commuter rail facilities in this state will be 12.16 acquired, developed, constructed, owned, and operated in an 12.17 efficient, cost-effective manner, and in coordination with buses 12.18 and other transportation modes and facilities. The commissioner 12.19 shall consult with affected regional railroad authorities and 12.20 may incorporate into its plan elements of the plans of regional 12.21 railroad authorities in order to avoid duplication of efforts. 12.22 The commissioner may periodically update the system plan. 12.23 Subd. 2. [APPROVAL OF COMMUTER RAIL SYSTEM PLAN.] The 12.24 commuter rail system plan must be approved by metropolitan 12.25 planning organizations in areas in which commuter rail will be 12.26 located before the commissioner may begin final design of 12.27 commuter rail facilities. Following approval of the plan, the 12.28 commissioner shall act in conformity with the plan. The 12.29 commissioner shall ensure that final design plans are consistent 12.30 with the commuter rail plan. 12.31 Subd. 3. [ENGINEERING STANDARDS.] The plan must include 12.32 engineering standards that provide for integrated operation of 12.33 all commuter rail equipment, facilities, and services, including 12.34 security, station design parameters, fare box systems, and 12.35 safety. 12.36 Subd. 4. [INTEGRATION OF SYSTEM.] The commissioner and 13.1 metropolitan planning organizations shall ensure that commuter 13.2 rail facilities are planned, designed, and implemented to move 13.3 transit users to, from, and within the metropolitan area, and to 13.4 provide a unified, integrated, and efficient multimodal 13.5 transportation system with rail transit lines that interface 13.6 with each other and with other transportation facilities. 13.7 Sec. 22. [174.86] [COMMUTER RAIL PLAN; REVIEW.] 13.8 Subdivision 1. [ADVANCED CORRIDOR PLAN; PUBLIC 13.9 HEARING.] Before a final design plan is prepared for commuter 13.10 rail facilities, the commissioner must hold a public hearing on 13.11 the physical design component of the advanced corridor plan. 13.12 The commissioner must provide appropriate public notice of the 13.13 hearing and publicity to ensure that affected parties have an 13.14 opportunity to present their views at the hearing. The 13.15 commissioner shall summarize the proceedings and testimony and 13.16 maintain the record of a hearing held under this subdivision, 13.17 including any written statements submitted. 13.18 Subd. 2. [PHYSICAL DESIGN COMPONENT; LOCAL PARTICIPATION.] 13.19 At least 30 days before the hearing under subdivision 1, the 13.20 commissioner shall submit the physical design component of the 13.21 advanced corridor plan to the governing body of each statutory 13.22 and home rule charter city, county, and town in which the route 13.23 is to be located. Within 45 days after the hearing under 13.24 subdivision 1, the city, county, or town shall review and 13.25 comment on the plan. Within 45 days of the hearing, a city or 13.26 town shall approve or disapprove the location and design of the 13.27 station to be located in the city or town. A city or town that 13.28 disapproves shall describe specific amendments to the plan that, 13.29 if adopted, would cause the city or town to withdraw its 13.30 disapproval. Failure to comment in writing within 45 days after 13.31 the hearing is deemed to be accepted unless an extension of time 13.32 is agreed to by the metropolitan planning organization and the 13.33 commissioner of transportation. 13.34 Subd. 3. [MODIFICATION OF ADVANCED CORRIDOR PLAN.] After 13.35 the hearing under subdivision 1, and after the receipt of 13.36 comment under subdivision 2, the commissioner may modify the 14.1 advanced corridor plan. 14.2 Subd. 4. [ADVANCED CORRIDOR PLAN; METROPOLITAN PLANNING 14.3 ORGANIZATION REVIEW.] Before constructing commuter rail 14.4 facilities, the commissioner shall submit the advanced corridor 14.5 plan to each metropolitan planning organization in which the 14.6 route is to be located. The metropolitan planning organization 14.7 shall hold a hearing on the plan allowing the commissioner, 14.8 local governmental units, and other persons to present their 14.9 views as to whether the plan is consistent with the metropolitan 14.10 planning organization's development guide. Within 60 days after 14.11 the hearing, the metropolitan planning organization shall review 14.12 the plan submitted by the commissioner to determine whether it 14.13 is consistent with the development guide. If the plan is 14.14 consistent with the development guide, the metropolitan planning 14.15 organization shall approve it. If the plan is not consistent 14.16 with the development guide, the metropolitan planning 14.17 organization shall submit to the commissioner proposed 14.18 amendments to the plan to make it consistent with the 14.19 development guide. The commissioner shall incorporate the 14.20 proposed amendments into the final design plan. 14.21 Subd. 5. [COMMUTER RAIL CORRIDOR COORDINATING 14.22 COMMITTEE.] (a) A commuter rail corridor coordinating committee 14.23 shall be established to advise the commissioner on issues 14.24 relating to the alternatives analysis, environmental review, 14.25 advanced corridor planning, preliminary engineering, final 14.26 design, implementation method, construction of commuter rail, 14.27 public involvement, land use, service, and safety. The commuter 14.28 rail corridor coordinating committee shall consist of: 14.29 (1) one member representing each significant funding 14.30 partner in whose jurisdiction the line or lines are located; 14.31 (2) one member appointed by each county in which the 14.32 corridors are located; 14.33 (3) one member appointed by each city in which advanced 14.34 corridor plans indicate that a station may be located; 14.35 (4) two members appointed by the commissioner, one of whom 14.36 shall be designated by the commissioner as the chair of the 15.1 committee; 15.2 (5) one member appointed by each metropolitan planning 15.3 organization through which the commuter rail line may pass; and 15.4 (6) one member appointed by the president of the University 15.5 of Minnesota, if a designated corridor provides direct service 15.6 to the university. 15.7 (b) A joint powers board existing on April 1, 1999, 15.8 consisting of local governments along a commuter rail corridor, 15.9 shall perform the functions set forth in paragraph (a) in place 15.10 of the committee. 15.11 Sec. 23. [174.88] [COMMUTER RAIL FUNDING.] 15.12 The commissioner, in cooperation with appropriate 15.13 metropolitan planning organizations, may apply for funding from 15.14 federal, state, regional, local, and private sources for 15.15 commuter rail facility construction, operation, implementation, 15.16 maintenance, and improvement. 15.17 Sec. 24. [174.90] [COMMUTER RAIL OPERATION.] 15.18 The commissioner may contract for operation of commuter 15.19 rail facilities with the metropolitan council or other public or 15.20 private entities and shall commence revenue service after an 15.21 appropriate period of start-up to ensure satisfactory 15.22 performance. The commissioner shall coordinate with transit 15.23 providers to ensure integration of the commuter rail system with 15.24 bus and light rail transit service to avoid duplication of 15.25 service and to ensure the greatest access to commuter rail lines 15.26 in suburban and urban areas. 15.27 Sec. 25. Minnesota Statutes 1998, section 221.0314, 15.28 subdivision 9a, is amended to read: 15.29 Subd. 9a. [HOURS OF SERVICE EXEMPTIONS.] The federal 15.30 regulations incorporated in subdivision 9 for maximum driving 15.31 and on-duty time do not apply to drivers engaged in the 15.32 interstate or intrastate transportation of: 15.33 (1) agricultural commodities or farm supplies for 15.34 agricultural purposes in Minnesota during the planting and 15.35 harvesting seasons from March 15 to December 15 of each year; or 15.36 (2) sugar beets during the harvesting season for sugar 16.1 beets from September 1 to MarchMay 15 of each year; 16.2 if the transportation is limited to an area within a 16.3 100-air-mile radius from the source of the commodities or the 16.4 distribution point for the farm supplies. 16.5 Sec. 26. Minnesota Statutes 1998, section 222.63, 16.6 subdivision 4, is amended to read: 16.7 Subd. 4. [DISPOSITION PERMITTED.] (a) The commissioner may 16.8 lease any rail line or right-of-way held in the state rail bank 16.9 or enter into an agreement with any person for the operation of 16.10 any rail line or right-of-way for any of the purposes set forth 16.11 in subdivision 2 in accordance with a fee schedule to be 16.12 developed by the commissioner. 16.13 (b) The commissioner may convey any rail line or 16.14 right-of-way, for consideration or for no consideration and upon 16.15 other terms as the commissioner may determine to be in the 16.16 public interest, to any other state agency or to a governmental 16.17 subdivision of the state having power by law to utilize it for 16.18 any of the purposes set forth in subdivision 2. 16.19 (c) The commissioner may convey a portion of previously 16.20 acquired rail bank right-of-way to a state agency or 16.21 governmental subdivision when the commissioner determines that: 16.22 (1) the portion to be conveyed is in excess of that needed 16.23 for the purposes stated in subdivision 2; 16.24 (2) the conveyance is upon terms and conditions agreed upon 16.25 by both the commissioner and the state agency or governmental 16.26 subdivision; 16.27 (3) after the sale, the rail bank corridor will continue to 16.28 meet the future public and commercial transportation and 16.29 transmission needs of the state; and 16.30 (4) the conveyance will not reduce the width of the rail 16.31 bank corridor to less than 50 feet. 16.32 Proceeds from a sale shall be deposited in the rail bank 16.33 maintenance account described in subdivision 8. 16.34 Sec. 27. Minnesota Statutes 1998, section 360.0151, 16.35 subdivision 2, is amended to read: 16.36 Subd. 2. [GRANTS AUTHORIZED.] (a) The commissioner may 17.1 make air service marketing grants to political subdivisions that 17.2 own and operate airports designated by order of the commissioner17.3 as key airports. The commissioner shall make a project 17.4 agreement with each political subdivision receiving a grant 17.5 under this section that provides for: 17.6 (1) a detailed description of the project for which the 17.7 grant is provided; 17.8 (2) a schedule of the project; and 17.9 (3) the division of costs of the project between the state 17.10 and the recipient. 17.11 (b) Payments by the commissioner under a project agreement 17.12 may only be made to reimburse local costs already incurred. 17.13 Sec. 28. Minnesota Statutes 1998, section 360.032, 17.14 subdivision 1a, is amended to read: 17.15 Subd. 1a. [MUNICIPALITY MAY ACQUIRE OR MOVE AIRPORT 17.16 PROPERTY; REIMBURSEMENT.] A municipality may exercise the powers 17.17 set forth in this subdivision solely for the purpose of 17.18 assisting the relocation of air navigation facilities, 17.19 structures, and other property incidental to airport operations, 17.20 which are located at an airport owned or formerly owned by the 17.21 municipality. 17.22 A municipality may acquire air navigation facilities, 17.23 structures and other property incidental to airport operations, 17.24 which are located at an airport owned or formerly owned by the 17.25 municipality. In lieu of such acquisition, the municipality may 17.26 move and relocate such property to another public airport. The 17.27 manner of acquisition of such property shall be in accordance 17.28 with subdivision 2. The municipality may expend its funds to 17.29 pay for the costs of such acquisition, moving and relocation. 17.30 The commissioner may pay a portion of such acquisition, moving 17.31 and relocation costs in accordance with the provisions of 17.32 section 360.305, subdivision 4, clause (2)paragraph (b) or (c). 17.33 Sec. 29. Minnesota Statutes 1998, section 360.305, 17.34 subdivision 4, is amended to read: 17.35 Subd. 4. [COSTS ALLOCATED; LOCAL CONTRIBUTION; HANGAR 17.36 CONSTRUCTION REVOLVING ACCOUNT.] (1)(a) Except as otherwise 18.1 provided in this subdivision, the commissioner of transportation 18.2 shall require as a condition of assistance by the state that the 18.3 political subdivision, municipality, or public corporation make 18.4 a substantial contribution to the cost of the construction, 18.5 improvement, maintenance, or operation , these costs are referred18.6 to as project costsof the airport, in connection with which the 18.7 assistance of the state is sought. These costs are referred to 18.8 as project costs. 18.9 (2)(b) For any airport, whether key, intermediate or 18.10 landing strip, where only state and local funds are to be used, 18.11 the contribution shall be not less than one-fifth of the sum of: 18.12 (a)(1) the project costs, 18.13 (b)(2) acquisition costs of the land and clear zones, 18.14 which are referred to as "acquisition costs. "18.15 (c) For any airport where federal, state and local funds 18.16 are to be used, the contribution shall not be less than 18.17 one-tenth of the sum of the project costs and acquisition costs. 18.18 (3)(d) The commissioner may pay the total cost of radio 18.19 and navigational aids. 18.20 (4)(e) Notwithstanding clause (2)paragraph (b) or (c), 18.21 the commissioner may pay all of the project costs of a new 18.22 landing strip, but not an intermediate airport or key airport, 18.23 or may pay an amount equal to the federal funds granted and used 18.24 for a new landing strip plus all of the remaining project costs; 18.25 but the total amount paid by the commissioner for the project 18.26 costs of a new landing strip, unless specifically authorized by 18.27 an act appropriating funds for the new landing strip, shall not 18.28 exceed $200,000. 18.29 (5)(f) Notwithstanding clause (2)paragraph (b) or (c), 18.30 the commissioner may pay all the project costs for research and 18.31 development projects, including, but not limited to noise 18.32 abatement; provided that in no event shall the sums expended 18.33 under this clauseparagraph exceed five percent of the amount 18.34 appropriated for construction grants. 18.35 (6)(g) To receive aid under this section for project costs 18.36 or for acquisition costs, the municipality must enter into an 19.1 agreement with the commissioner giving assurance that the 19.2 airport will be operated and maintained in a safe, serviceable 19.3 manner for aeronautical purposes only for the use and benefit of 19.4 the public: 19.5 (1) for a period of20 years after the date that theany 19.6 state funds for project costs are received by the municipality; 19.7 and 19.8 (2) for 99 years after the date that any state funds for 19.9 acquisition costs are received by the municipality. 19.10 The agreement may contain other conditions as the commissioner 19.11 deems reasonable. 19.12 (7)(h) The commissioner shall establish a hangar 19.13 construction revolving account which shall be used for the 19.14 purpose of financing the construction of hangar buildings to be 19.15 constructed by municipalities owning airports. All 19.16 municipalities owning airports are authorized to enter into 19.17 contracts for the construction of hangars, and contracts with 19.18 the commissioner for the financing of hangar construction for an 19.19 amount and period of time as may be determined by the 19.20 commissioner and municipality. All receipts from the financing 19.21 contracts shall be deposited in the hangar construction 19.22 revolving account and are reappropriated for the purpose of 19.23 financing construction of hangar buildings. The commissioner 19.24 may pay from the hangar construction revolving account 80 19.25 percent of the cost of financing construction of hangar 19.26 buildings. For purposes of this clause, the "construction "of 19.27 hangars shall include their design. The commissioner shall 19.28 transfer up to $4,100,000 from the state airports fund to the 19.29 hangar construction revolving account. 19.30 (8)(i) The commissioner may pay a portion of the purchase 19.31 price of any airport maintenance and safety equipment and of the 19.32 actual airport snow removal costs incurred by any municipality. 19.33 The portion to be paid by the state shall not exceed two-thirds 19.34 of the cost of the purchase price or snow removal. To receive 19.35 aid a municipality must enter into an agreement of the type 19.36 referred to in clause (6)paragraph (g). 20.1 (9)(j) This subdivision shall apply only to project costs 20.2 or acquisition costs of municipally owned airports which are 20.3 incurred after June 1, 1971. 20.4 Sec. 30. Minnesota Statutes 1998, section 398A.04, 20.5 subdivision 2, is amended to read: 20.6 Subd. 2. [RAILROAD ACQUISITION AND OPERATION.] The 20.7 authority may plan, establish, acquire, develop, construct, 20.8 purchase, enlarge, extend, improve, maintain, equip, operate, 20.9 regulate, and protect railroads and railroad facilities, 20.10 including but not limited to terminal buildings, roadways, 20.11 crossings, bridges, causeways, tunnels, equipment, and rolling 20.12 stock. The authority may not expend state or federal funds to 20.13 engage in planning for or development of light rail transit or 20.14 commuter rail transit, unless this activity is consistent with a 20.15 plan adopted by the department of transportation under section 20.16 174.84 and a plan adopted by the metropolitan council under 20.17 section 473.399, and is carried out pursuant to a memorandum of 20.18 understanding executed by the authority and the commissioner 20.19 after appropriate consultation with the metropolitan council. 20.20 Sec. 31. Minnesota Statutes 1998, section 446A.085, 20.21 subdivision 3, is amended to read: 20.22 Subd. 3. [ESTABLISHMENT OF FUND.] A transportation 20.23 revolving loan fund is established to make loans for the 20.24 purposes described in subdivision 2. A highway account is 20.25 established in the fund for highway projects. A transit account 20.26 is established in the fund for transit capital projects. The 20.27 transportation revolving loan fund shall receive federal money 20.28 under the act and money from any source other than the trunk20.29 highway fund, the county state-aid highway fund, and the20.30 municipal state-aid street fund. Money received under this 20.31 section must be paid to the state treasurer and credited to the 20.32 transportation revolving loan fund. Money in the fund is 20.33 annually appropriated to the commissioner and does not lapse. 20.34 The fund must be credited with investment income, and with 20.35 repayments of principal and interest, except for servicing fees 20.36 assessed under sections 446A.04, subdivision 5, and 446A.11, 21.1 subdivision 8. 21.2 Sec. 32. Minnesota Statutes 1998, section 446A.085, 21.3 subdivision 6, is amended to read: 21.4 Subd. 6. [TRANSPORTATION COMMITTEE.] The transportation 21.5 committee may makeauthorize the making of loans to borrowers by 21.6 the authority for transportation purposes authorized by the act, 21.7 without further action by the authority. The authority may not 21.8 make loans for transportation purposes without the approval of 21.9 the transportation committee. Each project must be certified by 21.10 the commissioner of transportation before its consideration by 21.11 the transportation committee. 21.12 Sec. 33. Minnesota Statutes 1998, section 473.1466, is 21.13 amended to read: 21.14 473.1466 [PERFORMANCE AUDIT; TRANSIT EVALUATION.] 21.15 (a) In 1997 and every four years thereafter, the council 21.16 shall provide for an independent entity selected through a 21.17 request for proposal process conducted nationwide to do a 21.18 performance audit of the commuting area's transportation system 21.19 as a whole. The performance audit must evaluate the commuting 21.20 area's ability to meet the region's needs for effective and 21.21 efficient transportation of goods and people, evaluate future 21.22 trends and their impacts on the region's transportation system, 21.23 and make recommendations for improving the system. The 21.24 performance audit must recommend performance-funding measures. 21.25 (b) In 19971999 and every twofour years thereafter, the 21.26 council must evaluate the performance of the metropolitan 21.27 transit system's operation in relationship to the regional 21.28 transit performance standards developed by the council. 21.29 Sec. 34. Minnesota Statutes 1998, section 473.399, is 21.30 amended to read: 21.31 473.399 [LIGHT RAIL TRANSIT AND COMMUTER RAIL PLANNING.] 21.32 Subdivision 1. [GENERAL REQUIREMENTS.] (a) The council 21.33 shall adopt a plan to ensure that light rail transit facilities 21.34 in the metropolitan area will be acquired, developed, owned, and 21.35 capable of operation in an efficient, cost-effective, and 21.36 coordinated manner in coordination with buses and other 22.1 transportation modes and facilities. The plan may be developed 22.2 and adopted in phases corresponding to phasing of construction 22.3 of light rail. To the extent practicable,The council shallmay 22.4 incorporate into its plan appropriate elements of the plans of 22.5 regional railroad authorities in order to avoid duplication of 22.6 effort. 22.7 (b) The light rail transit plan or first phase of the plan 22.8 required by this section must be adopted by the council before 22.9 the commissioner of transportation may begin construction of 22.10 light rail transit facilities. Following adoption of the plan, 22.11 each regional railroad authority andthe commissioner of 22.12 transportation shall act in conformity with the plan. The 22.13 commissioner shall prepare or amend the final design plans as 22.14 necessary to make the plans consistent with the light rail 22.15 transit plan. 22.16 (c) Throughout the development and implementation of the 22.17 plan, the council shall contract for or otherwise obtain 22.18 engineering services to assure that the plan adequately 22.19 addresses the technical aspects of light rail transit. 22.20 Subd. 1a. [INTEGRATED TRANSPORTATION SYSTEM.] The 22.21 commissioner of transportation ,and the metropolitan council ,22.22 and the regional rail authoritiesshall ensure that the light 22.23 rail transit and commuter rail facilities are planned, designed, 22.24 and implemented: (1) to move commuters and transit users into 22.25 and out of, as well as within, the metropolitan area, and (2) to 22.26 ensure that rail transit lines will interface with each other 22.27 and other transportation facilities and services so as to 22.28 provide a unified, integrated, and efficient multimodal 22.29 transportation system. 22.30 Sec. 35. Minnesota Statutes 1998, section 473.3993, 22.31 subdivision 3, is amended to read: 22.32 Subd. 3. [FINAL DESIGN PLAN.] "Final design plan" means a 22.33 light rail transit plan that includes the items in the 22.34 preliminary design plan and the preliminary engineering plan for 22.35 the facilities proposed but with greater detail and specificity 22.36 needed for construction. The final design plan must include, at 23.1 a minimum: 23.2 (1) final plans for the physical design of facilities, 23.3 including the right-of-way definition; environmental impacts and 23.4 mitigation measures; intermodal coordination with bus operations 23.5 and routes; and civil engineering plans for vehicles, track, 23.6 stations, parking, and access, including handicapped access; and 23.7 (2) final plans for civil engineering for electrification, 23.8 communication, and other similar facilities; operational rules, 23.9 procedures, and strategies; capital costs; ridership; operating 23.10 costs and revenues, and sources of funds for operating 23.11 subsidies; financing for construction and operation; an 23.12 implementation method; and other similar matters. 23.13 The final design plan must be stated with sufficient 23.14 particularity and detail to allow the proposer to begin the 23.15 acquisition and construction of operable facilities. If a 23.16 turn-keydesign-build implementation method is proposed, instead 23.17 of civil engineering plans the final design plan must state 23.18 detailed design criteria and performance standards for the 23.19 facilities. 23.20 The commissioner of transportation may use a design-build 23.21 method of project development and construction for light rail 23.22 transit. Notwithstanding section 161.32, subdivision 1b, the 23.23 commissioner may award a design-build contract on the basis of 23.24 requests for proposals or requests for qualifications without 23.25 bids. "Design-build method of project development and 23.26 construction" means a project delivery system in which a single 23.27 contractor is responsible for both the design and construction 23.28 of the project and bids the design and construction together. 23.29 Sec. 36. Minnesota Statutes 1998, section 473.3994, 23.30 subdivision 3, is amended to read: 23.31 Subd. 3. [PRELIMINARY DESIGN PLANS; LOCAL APPROVAL.] At 23.32 least 30 days before the hearing under subdivision 2, the 23.33 commissioner of transportation and the regional railroad23.34 authority or authorities in whose jurisdiction the line or lines23.35 are locatedshall submit the physical design component of the 23.36 preliminary design plans to the governing body of each statutory 24.1 and home rule charter city, county, and town in which the route 24.2 is proposed to be located. The city, county, or town shall hold 24.3 a public hearing , except that a county board need not hold a24.4 hearing if the county board membership is identical to the24.5 membership of the regional railroad authority submitting the24.6 plan for review. Within 45 days after the hearing under 24.7 subdivision 2, the city, county, or town shall review and 24.8 approve or disapprove the plans for the route to be located in 24.9 the city, county, or town. A local unit of government that 24.10 disapproves the plans shall describe specific amendments to the 24.11 plans that, if adopted, would cause the local unit to withdraw 24.12 its disapproval. Failure to approve or disapprove the plans in 24.13 writing within 45 days after the hearing is deemed to be 24.14 approval, unless an extension of time is agreed to by the city, 24.15 county, or town ,and the commissioner of transportation , and the24.16 regional railroad authority or authorities in whose jurisdiction24.17 the line or lines are located. 24.18 Sec. 37. Minnesota Statutes 1998, section 473.3994, 24.19 subdivision 4, is amended to read: 24.20 Subd. 4. [PRELIMINARY DESIGN PLANS; COUNCIL REFERRAL.] If 24.21 the governing body of one or more cities, counties, or towns 24.22 disapproves the preliminary design plans within the period 24.23 allowed under subdivision 3, the commissioner of transportation 24.24 and the regional railroad authority or authorities in whose24.25 jurisdiction the line or lines are locatedmay refer the plans, 24.26 along with any comments of local jurisdictions, to the 24.27 metropolitan council. The council shall hold a hearing on the 24.28 plans, giving the commissioner of transportation and the24.29 regional railroad authority or authorities in whose jurisdiction24.30 the line or lines are located, any disapproving local 24.31 governmental units, and other persons an opportunity to present 24.32 their views on the plans. The council may conduct independent 24.33 study as it deems desirable and may mediate and attempt to 24.34 resolve disagreements about the plans. Within 90 days after the 24.35 referral, the council shall review the plans submitted by the 24.36 commissioner of transportation and the regional railroad25.1 authority or authorities in whose jurisdiction the line or lines25.2 are locatedand the council shall decide what amendments to the 25.3 plans, if any, must be made to accommodate the objections 25.4 presented by the disapproving local governmental units. The 25.5 commissioner and the regional railroad authorityshall make the 25.6 amendments to the plans before continuing the planning and 25.7 designing process. 25.8 Sec. 38. Minnesota Statutes 1998, section 473.3994, 25.9 subdivision 10, is amended to read: 25.10 Subd. 10. [CORRIDOR MANAGEMENT COMMITTEE.] A corridor 25.11 management committee shall be established to advise the 25.12 commissioner of transportation in the design and construction of 25.13 light rail transit in each corridor to be constructed. The 25.14 corridor management committee shall consist of the following 25.15 members: 25.16 (1) one member appointed by the joint powers board25.17 established under section 473.3998;25.18 (2)one member appointed by each city and county in which 25.19 the corridor is located; 25.20 (3)(2) the commissioner of transportation or a designee of 25.21 the commissioner; 25.22 (4)(3) two members appointed by the metropolitan council, 25.23 one of whom shall be designated as the chair of the committee; 25.24 (5)(4) one member appointed by the metropolitan airports 25.25 commission, if the designated corridor provides direct service 25.26 to the Minneapolis-St. Paul International Airport; and 25.27 (6)(5) one member appointed by the president of the 25.28 University of Minnesota, if the designated corridor provides 25.29 direct service to the university. 25.30 The corridor management committee shall advise the 25.31 commissioner of transportation and the regional railroad25.32 authority or authorities in whose jurisdiction the line or lines25.33 are locatedon issues relating to the alternatives analysis, 25.34 environmental review, preliminary design, preliminary 25.35 engineering, final design, implementation method, and 25.36 construction of light rail transit. 26.1 Sec. 39. Laws 1998, chapter 404, section 17, subdivision 26.2 3, is amended to read: 26.3 Subd. 3. Transitways 46,500,000 26.4 (a) This appropriation is to match 26.5 federal and local funding for the 26.6 planning, design, engineering, and 26.7 construction of transitways in the 26.8 metropolitan area. 26.9 (b) $40,000,000 is for the preliminary 26.10 engineering, final design, and 26.11 construction of light rail transit in 26.12 the Hiawatha Avenue corridor from 26.13 downtown Minneapolis through 26.14 Minneapolis-St. Paul International 26.15 Airport and the site of the former Met 26.16 Center or surrounding area with a 26.17 terminus in southern Hennepin or 26.18 northern Dakota county. 26.19 The Hiawatha Avenue corridor management 26.20 committee created pursuant to Minnesota 26.21 Statutes, section 473.3994, subdivision 26.22 10, shall establish an advisory 26.23 committee of: 26.24 (1) individuals who reside near the 26.25 proposed corridor; 26.26 (2) representatives of businesses 26.27 located within one mile on either side 26.28 of the corridor; and 26.29 (3) elected officials, including 26.30 legislators, who represent the area in 26.31 which the Hiawatha corridor is located. 26.32 The advisory committee shall advise the 26.33 corridor management committee on issues 26.34 relating to the preliminary 26.35 engineering, final design, and 26.36 construction of light rail facilities, 26.37 including the proposed alignment for 26.38 the corridor. 26.39 (c) The funds in this paragraph must be 26.40 distributed as grants to appropriate 26.41 county regional rail authorities upon 26.42 execution of a work program memorandum 26.43 of understanding with the commissioner 26.44 as follows: 26.45 (1) $3,000,000 to match federal funding 26.46 for a major investment study, 26.47 engineering, and implementation in the 26.48 Riverview corridor between the east 26.49 side of St. Paul and the 26.50 Minneapolis-St. Paul International 26.51 Airport and the Mall of America and in 26.52 the central corridor between downtown 26.53 St. Paul and downtown Minneapolis; 26.54 (2) $1,500,000 to match federal funding 26.55 for a major investment study, 26.56 engineering, and implementation in the 26.57 Northstar corridor linking downtown 26.58 Minneapolis to the St. Cloud area and 26.59 to study the feasibility of commuter 27.1 rail and other transportation 27.2 improvements within the corridor; 27.3 (3) $500,000 to study potential transit 27.4 improvements and engineering studies in 27.5 the Cedar Avenue corridor to link the 27.6 Hiawatha, Riverview, and Northstar 27.7 transit corridors with Dakota county; 27.8 and 27.9 (4) $500,000 to develop engineering 27.10 documents for a commuter rail line from 27.11 Minneapolis to downtown St. Paul 27.12 through southern Washington county to 27.13 Hastings. 27.14 The commissioner of transportation, in 27.15 coordination with the North Star 27.16 Corridor Joint Powers Authority and the 27.17 St. Cloud area planning agency, shall 27.18 study the transportation needs within 27.19 the St. Cloud metropolitan area. 27.20 (d) $1,000,000 is available as grants 27.21 to appropriate county regional rail 27.22 authorities to conduct major investment 27.23 studies and to develop engineering 27.24 documents for commuter rail lines in 27.25 the following corridors: 27.26 (1) the Young America corridor from 27.27 Carver county to Minneapolis and St. 27.28 Paul; 27.29 (2) the Bethel corridor linking 27.30 Cambridge with the Northstar corridor 27.31 in Anoka county; 27.32 (3) the Northwest corridor from 27.33 downtown Minneapolis to the Northwest 27.34 suburbs of Hennepin county; and 27.35 (4) other commuter rail corridors 27.36 identified in phase II of the 27.37 department of transportation's commuter 27.38 rail service study, except for the 27.39 corridors identified in paragraph (c). 27.40 The appropriation in this paragraph is 27.41 not available until the completion of 27.42 the commuter rail service study as 27.43 provided in Laws 1997, chapter 159, 27.44 article 2, section 51. The funds may 27.45 be made available only after approval 27.46 by the commissioner of transportation 27.47 of an application submitted by county 27.48 regional rail authorities that is 27.49 consistent with the results of the 27.50 commuter rail service study and 27.51 demonstrates a coordinated 27.52 implementation strategy and upon 27.53 execution of a work program memorandum 27.54 of understanding with the commissioner. 27.55 Sec. 40. [CONSTRUCTION OF RAIL FACILITIES.] 27.56 Neither the state nor any political subdivision may apply 27.57 for federal assistance or receive any state appropriation or 27.58 grant for light rail transit construction until the commissioner 28.1 begins construction of light rail transit facilities in either 28.2 the Riverview corridor, connecting the east side of St. Paul, 28.3 the Minneapolis-St. Paul International Airport, and the Mall of 28.4 America; or the central corridor, between downtown St. Paul and 28.5 downtown Minneapolis. This prohibition does not apply to 28.6 applications for federal funding or receipt of state funding for 28.7 light rail transit in the Hiawatha corridor, connecting downtown 28.8 Minneapolis, the Minneapolis-St. Paul International Airport, and 28.9 the vicinity of the Mall of America; in the Riverview corridor; 28.10 or in the central corridor. 28.11 Sec. 41. [TRANSIT PLAN; REPORT.] 28.12 A regional master plan for transit must be developed by the 28.13 metropolitan council, in consultation with the commissioner of 28.14 transportation, the regional railroad authorities in the 28.15 metropolitan area, and the metropolitan LRT joint powers board. 28.16 The plan must be completed for presentation to the legislature 28.17 by February 1, 2000. The plan must include bus and rail 28.18 development and must be balanced. It must include transit 28.19 investments based on: 28.20 (1) population density; 28.21 (2) employment concentrations and job density; 28.22 (3) transit dependent segments of the population; 28.23 (4) redevelopment and reinvestment; 28.24 (5) opportunities in the core of the region; and 28.25 (6) adequacy of existing transportation corridors. 28.26 Sec. 42. [REPEALER.] 28.27 Minnesota Statutes 1998, sections 169.832, subdivision 13; 28.28 473.3994, subdivision 12; and 473.3998, are repealed. 28.29 Sec. 43. [EFFECTIVE DATES.] 28.30 Sections 1, 2, 7, and 8, are effective the day following 28.31 final enactment. Sections 3 to 6, 9, 12, 15, 17, 27 to 29, 31, 28.32 and 32, are effective July 1, 1999.