Minnesota Legislature
SF 1963
as introduced - 88th Legislature (2013 - 2014) Posted on 02/28/2014 08:47am
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A bill for an act
relating to transportation; mass transit; amending municipal consent process for
certain light rail transit projects; amending Minnesota Statutes 2012, sections
473.399, subdivision 1; 473.3994, subdivisions 3, 4, 5, by adding a subdivision.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
Section 1.
Minnesota Statutes 2012, section 473.399, subdivision 1, is amended to read:
Subdivision 1.
General requirements.
(a) The council must identify in its
transportation policy plan those heavily traveled corridors where development of a transit
way may be feasible and cost-effective. Modes of providing service in a transit way may
include bus rapid transit, light rail transit, commuter rail, or other available systems or
technologies that improve transit service.
(b) After the completion of environmental studies and receipt of input from the
governing body of each statutory and home rule charter city, county, and town in which a
transit way is proposed to be constructed, the council must designate the locally preferred
alternative transit mode with respect to the corridor.
(c) The council shall ensure that any light rail transit facilities that are designated as
the locally preferred alternative and that are to be constructed in the metropolitan area will
be acquired, developed, owned, and capable of operation in an efficient, cost-effective,
and coordinated manner in coordination with buses and other transportation modes and
facilities.
(d) Construction of light rail transit facilities in a particular transit corridor may not
commence unless and until that mode is designated as the locally preferred alternative
for that corridor by the councilnew text begin , and requirements under section 473.3994, subdivision
5a, are metnew text end .
Sec. 2.
Minnesota Statutes 2012, section 473.3994, subdivision 3, is amended to read:
Subd. 3.
Preliminary design plans;new text begin hearings andnew text end local approval.
deleted text begin At least 30 days
deleted text end new text begin (a)new text end Before the hearing under subdivision 2, the responsible authority shall submit the
physical design component of the preliminary design plans to the governing body of each
statutory and home rule charter city, county, and town in which the route is proposed to be
located. deleted text begin Thedeleted text end new text begin Within 60 days of submission of the preliminary design plans, and following
public notice of at least 30 days, each statutory and home rule charternew text end city, county, or town
shall hold a public hearingnew text begin , at which the responsible authority shall present the physical
design component of the preliminary design plansnew text end .
new text begin (b)new text end Within deleted text begin 45 days after the hearing under subdivision 2deleted text end new text begin 90 days of a hearing
under paragraph (a)new text end , the city, county, or town shall review and approve or disapprove the
new text begin preliminary designnew text end plans deleted text begin for the route to be located in the city, county, or towndeleted text end new text begin in writingnew text end .
A local unit of government that disapproves deleted text begin the plansdeleted text end shall describe specific amendments
to the plans that, if adopted, would cause the local unitnew text begin of governmentnew text end to withdraw its
disapproval. Failure to approve or disapprove the plans in writing within deleted text begin 45 days after the
hearingdeleted text end new text begin the time periodnew text end is deemed to be approval, unless an extension of time is agreed to
by the city, county, or town and the responsible authority.
new text begin
(c) Following disapproval under this subdivision by one or more local units of
government, the responsible authority shall (1) resubmit amended preliminary design
plans, (2) prepare final design plans with amendments identified by the local unit of
government, or (3) decide not to proceed with the project. Upon resubmission of amended
preliminary design plans, each local unit of government shall follow the procedures under
paragraphs (a) and (b).
new text end
Sec. 3.
Minnesota Statutes 2012, section 473.3994, subdivision 4, is amended to read:
Subd. 4.
Preliminary design plans; council hearingnew text begin and reviewnew text end .
If the governing
body of one or more cities, counties, or towns disapproves the preliminary design plans
within the period allowed under subdivision 3, the council deleted text begin shalldeleted text end new text begin maynew text end hold a hearing on
the plans, giving the commissioner of transportation, if the responsible authority, any
disapproving local governmental units, and other persons an opportunity to present their
views on the plans. The council may conduct independent study as it deems desirable and
may mediate and attempt to resolve disagreements about the plans. deleted text begin Within 60 days after
the hearing, the council shall review the plans and shall decide what amendments to the
plans, if any, must be made to accommodate the objections presented by the disapproving
local governmental units. Amendments to the plans as decided by the council must be
made before continuing the planning and designing process.
deleted text end
Sec. 4.
Minnesota Statutes 2012, section 473.3994, subdivision 5, is amended to read:
Subd. 5.
Final design plansnew text begin ; hearings and local approvalnew text end .
(a) Ifnew text begin any of the
following applies, the responsible authority shall submit the physical design component of
the final design plans to the governing body of each statutory and home rule charter city,
county, and town in which the route is proposed to be located:
new text end
new text begin (1)new text end the final design plans incorporate a substantial change from the preliminary
design plans with respect to location, length, or termini of routes; general dimension,
elevation, or alignment of routes and crossings; location of tracks above ground, below
ground, or at ground level; or station locationsdeleted text begin , before beginning construction, the
responsible authority shall submit the changed component of the final design plans to
the governing body of each statutory and home rule city, county, and town in which the
changed component is proposed to be located.deleted text end new text begin ; or
new text end
new text begin
(2) a local unit of government disapproved the preliminary design plans under
subdivision 3, following any resubmission if applicable.
new text end
new text begin
(b) Within 60 days of submission of the final design plans, and following public
notice of at least 30 days, each statutory and home rule charter city, county, or town
shall hold a public hearing, at which the responsible authority shall present the physical
design component of the final design plans.
new text end
new text begin (c)new text end Within deleted text begin 60 days after the submission of the plansdeleted text end new text begin 90 days of a hearing under
paragraph (b)new text end , the city, county, or town shall review and approve or disapprove the
deleted text begin changed component located in the city, county, or towndeleted text end new text begin final design plans in writingnew text end . A
local unit of government that disapproves deleted text begin the changedeleted text end shall describe specific amendments
to the plans that, if adopted, would cause the local unitnew text begin of governmentnew text end to withdraw its
disapproval. Failure to approve or disapprove the changed plans in writing within the time
period is deemed to be approval, unless an extension is agreed to by the city, county, or
town and the responsible authority.
deleted text begin
(b) If the governing body of one or more cities, counties, or towns disapproves the
changed plans within the period allowed under paragraph (a), the council shall review
the final design plans under the same procedure and with the same effect as provided in
subdivision 4 for preliminary design plans.
deleted text end
new text begin
(d) Following disapproval under this subdivision by one or more local units of
government, the responsible authority shall (1) resubmit amended final design plans, or (2)
decide not to proceed with the project. Upon resubmission of amended final design plans,
each local unit of government shall follow the procedures under paragraphs (b) and (c).
new text end
Sec. 5.
Minnesota Statutes 2012, section 473.3994, is amended by adding a subdivision
to read:
new text begin Subd. 5a. new text end
new text begin Municipal consent for construction. new text end
new text begin
The responsible authority may not
commence construction on light rail transit facilities under sections 473.3993 to 473.3997
unless each statutory or home rule charter city, county, and town in which the route is
proposed to be located approves the design plans as required under subdivision 3 and, if
applicable, subdivision 5.
new text end
Sec. 6. new text begin EFFECTIVE DATE; APPLICATION.
new text end
new text begin
This act is effective the day following final enactment, and applies to a project in
preliminary engineering, or final design, on or after that date. This act applies in the
counties of Anoka, Carver, Dakota, Hennepin, Ramsey, Scott, and Washington.
new text end