SF 2199

as introduced - 92nd Legislature (2021 - 2022) Posted on 03/19/2021 08:31am

A bill for an act
relating to transit; establishing the Metropolitan Transportation Planning Board
as part of the Department of Transportation; eliminating the authority for
transportation and transit planning and construction from the Metropolitan Council;
requiring reports; appropriating money; amending Minnesota Statutes 2020, sections
16A.88, subdivision 2; 473.145; 473.146, subdivision 1; 473.192, subdivision 2;
473.408, subdivision 2a; 473.449; proposing coding for new law in Minnesota
Statutes, chapter 473; proposing coding for new law as Minnesota Statutes, chapter
174B; repealing Minnesota Statutes 2020, sections 174.35; 473.146, subdivisions
3, 4; 473.1466; 473.168; 473.371; 473.375, subdivision 9a; 473.391, subdivision
2; 473.399, subdivisions 1, 1a; 473.3993; 473.3994, subdivisions 1a, 2, 3, 4, 5, 7,
8, 9, 10, 14; 473.3995; 473.3997; 473.3999; 473.405, subdivisions 1, 3, 4, 5, 9,
10, 15; 473.4052; 473.41; 473.411, subdivisions 3, 4, 5; 473.4485.

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

Section 1.

Minnesota Statutes 2020, section 16A.88, subdivision 2, is amended to read:

Subd. 2.

Metropolitan area transit account.

new text begin (a) new text end The metropolitan area transit account
is established within the transit assistance fund in the state treasury. All money in the account
is annually appropriated to the Metropolitan Council for the funding of transit systems
within the metropolitan area under sections 473.384, 473.386, 473.387, 473.388, and 473.405
to 473.449.

new text begin (b) Notwithstanding paragraph (a), 0.75 percent of the money in the account is annually
appropriated to the commissioner of transportation for metropolitan area transportation and
transit planning activities of the Metropolitan Transportation Planning Board under chapter
174B.
new text end

Sec. 2.

new text begin [174B.01] DEFINITIONS.
new text end

new text begin Subdivision 1. new text end

new text begin Terms. new text end

new text begin For the purposes of this chapter, the following terms have the
meanings given, except as otherwise expressly provided or indicated by the context.
new text end

new text begin Subd. 2. new text end

new text begin Commissioner. new text end

new text begin "Commissioner" means the commissioner of transportation.
new text end

new text begin Subd. 3. new text end

new text begin Department. new text end

new text begin "Department" means the Department of Transportation.
new text end

new text begin Subd. 4. new text end

new text begin Metropolitan area. new text end

new text begin "Metropolitan area" has the meaning given in section
473.121.
new text end

new text begin Subd. 5. new text end

new text begin Metropolitan Council. new text end

new text begin "Metropolitan Council" means the Metropolitan Council
established by section 473.123.
new text end

new text begin Subd. 6. new text end

new text begin Metropolitan Transportation Planning Board or board. new text end

new text begin "Metropolitan
Transportation Planning Board" or "board" means the Metropolitan Transportation Planning
Board that is established in section 174B.02.
new text end

Sec. 3.

new text begin [174B.02] METROPOLITAN TRANSPORTATION PLANNING BOARD.
new text end

new text begin (a) The Metropolitan Transportation Planning Board is established as an independent
entity within the department. The commissioner must provide administrative support to the
board. The board is comprised of the following members:
new text end

new text begin (1) the commissioner or the commissioner's designee;
new text end

new text begin (2) the commissioner of the Pollution Control Agency or the commissioner's designee;
new text end

new text begin (3) one member of the Metropolitan Airports Commission appointed by the commission;
new text end

new text begin (4) one person appointed by the board to represent nonmotorized transportation;
new text end

new text begin (5) one person appointed by the commissioner of transportation to represent the freight
transportation industry;
new text end

new text begin (6) two persons appointed by the board to represent public transit;
new text end

new text begin (7) ten elected officials of cities within the metropolitan area, including one representative
from each first-class city, appointed by the Association of Metropolitan Municipalities;
new text end

new text begin (8) one member of the county board of each county in the seven-county metropolitan
area appointed by the respective county boards;
new text end

new text begin (9) eight citizens appointed by the board;
new text end

new text begin (10) one elected official from a city participating in the replacement service program
under section 473.388 appointed by the Suburban Transit Association; and
new text end

new text begin (11) one member of the Metropolitan Council appointed by the chair of the council.
new text end

new text begin (b) The Metropolitan Transportation Planning Board is the designated planning agency
for any long-range comprehensive transportation planning required by section 134 of the
Federal Highway Act of 1962, section 4 of the Urban Mass Transportation Act of 1964,
section 112 of the Federal Aid Highway Act of 1973, and other federal transportation laws.
The board shall assure administration and coordination of transportation planning with
appropriate state, regional, and other agencies, counties, and municipalities. The board shall
be responsible for all transportation and transit planning in the metropolitan area. The board
and the department shall be responsible for the construction of transit infrastructure in the
metropolitan area. The board must not be responsible for the operation and maintenance of
public transit facilities.
new text end

new text begin (c) The board is responsible for determining regular route bus service to be operated by
the Metropolitan Council. The board must, before making a determination to eliminate or
reduce service on existing transit routes, consider:
new text end

new text begin (1) the level of subsidy per passenger on each route;
new text end

new text begin (2) the availability and proximity of alternative transit routes; and
new text end

new text begin (3) the percentage of transit-dependent riders, including youth, elderly, low-income, and
disabled riders currently using each route.
new text end

Sec. 4.

new text begin [174B.03] POWERS.
new text end

new text begin Subdivision 1. new text end

new text begin General. new text end

new text begin The board has the powers and duties prescribed by this chapter
and all powers necessary or convenient to discharge its duties. When exercising the powers
granted in this section, the board is not subject to approval of the commissioner unless
explicitly provided otherwise.
new text end

new text begin Subd. 2. new text end

new text begin Condemnation. new text end

new text begin The board may for transit purposes acquire property, franchises,
easements, or property rights or interests of any kind by condemnation proceedings pursuant
to chapter 117. Except as provided in subdivision 5, the board may take possession of any
property for which condemnation proceedings have been commenced at any time after the
filing of the petition describing the property in the proceedings. The board may contract
with an operator or other persons for the use by the operator or person of any property under
the board's control.
new text end

new text begin Subd. 3. new text end

new text begin Transit systems. new text end

new text begin The board may engineer, construct, and equip transit and
paratransit systems, projects, or any parts thereof, including road lanes or rights-of-way,
terminal facilities, maintenance and garage facilities, ramps, parking areas, and any other
facilities useful for or related to any public transit or paratransit system or project. The
Metropolitan Council may sell or lease naming rights with regard to light rail transit stations
and apply revenues from sales or leases to light rail transit operating costs.
new text end

new text begin Subd. 4. new text end

new text begin Acquisition of transit systems. new text end

new text begin The board may acquire by purchase, lease,
gift, or condemnation proceedings any existing public transit system or any part thereof,
including all or any part of the plant; equipment; shares of stock; property, real, personal,
or mixed; rights in property; reserve funds; special funds; franchises; licenses; patents;
permits and papers; and documents and records belonging to any operator of a public transit
system within the metropolitan area and may in connection therewith assume any or all
liabilities of any operator of a public transit system. The board may take control of a system
immediately following the filing and approval of the initial petition for condemnation, if
the board, in its discretion, determines this to be necessary, and may take possession of all
right, title, and other powers of ownership in all properties and facilities described in the
petition. Control must be taken by resolution that is effective upon service of a copy on the
condemnee and filing of the resolution in the condemnation action. In the determination of
the fair value of the existing public transit system, there must not be included any value
attributable to expenditures for improvements made by the former Metropolitan Transit
Commission. If the board acquires another public transit system, the board must turn the
operations of the system over to the Metropolitan Council.
new text end

new text begin Subd. 5. new text end

new text begin Condemnation of public or public service corporation property. new text end

new text begin The fact
that property is owned by or is in charge of a public agency or a public service corporation
organized for a purpose specified in section 301B.01, or is already devoted to a public use
or to use by the corporation or was acquired therefore by condemnation, may not prevent
its acquisition by the board by condemnation. However, if the property is in actual public
use or in actual use by the corporation for any purpose of interest or benefit to the public,
the taking by the board by condemnation may not be authorized unless the court finds and
determines that there is greater public necessity for the proposed use by the board than for
the existing use.
new text end

new text begin Subd. 6. new text end

new text begin Voluntary transfer of public property. new text end

new text begin Any state department or other agency
of the state government or any county, municipality, or other public agency may sell, lease,
grant, transfer, or convey to the board, with or without consideration, any facilities or any
part or parts thereof or any real or personal property or interest therein which may be useful
to the board for any authorized purpose. In any case where the construction of a facility has
not been completed, the public agency concerned may also transfer, sell, assign, and set
over to the board, with or without consideration, any existing contract for the construction
of the facilities.
new text end

new text begin Subd. 7. new text end

new text begin Relocation of displaced persons. new text end

new text begin The board may plan for and assist in the
relocation of individuals, families, business concerns, nonprofit organizations, and others
displaced by operations of the board and may make relocation payments in accordance with
federal regulations.
new text end

Sec. 5.

new text begin [174B.04] TRANSPORTATION ACCESSIBILITY ADVISORY
COMMITTEE.
new text end

new text begin The board shall establish a Transportation Accessibility Advisory Committee consisting
of 15 members and a chair to advise the board on the development and management of
policies regarding accessibility of all aspects of fixed regular route and special transportation
services for persons with disabilities. The Transportation Accessibility Advisory Committee
shall also advise the board on long-range plans to meet the accessible transportation needs
of the disability community. The Transportation Accessibility Advisory Committee must
include elderly persons, persons with disabilities, other users of special transportation
services, and representatives of appropriate agencies for elderly persons and persons with
disabilities. At least half of the Transportation Accessibility Advisory Committee members
must be persons who are both Americans with Disabilities Act (ADA) certified and users
of public transit in the metropolitan area. Two of the appointments to the Transportation
Accessibility Advisory Committee must be made by the Council on Disability in consultation
with the chair of the board.
new text end

Sec. 6.

new text begin [174B.05] TRANSPORTATION POLICY PLAN.
new text end

new text begin (a) The board shall adopt a long-range comprehensive policy plan for transportation in
the metropolitan area. The plan must include, to the extent appropriate to the functions,
services, and systems covered, the following:
new text end

new text begin (1) forecasts of changes in the general levels and distribution of population, households,
employment, land uses, and other relevant matters for the metropolitan area and appropriate
subareas;
new text end

new text begin (2) a statement of issues, problems, needs, and opportunities with respect to the functions,
services, and systems covered;
new text end

new text begin (3) a statement of the board's goals, objectives, and priorities with respect to the functions,
services, and systems covered, addressing areas and populations to be served and the levels,
distribution, and staging of services; a general description of the facility systems required
to support the services; the estimated cost of improvements required to achieve the board's
goals for the regional systems, including an analysis of what portion of the funding for each
improvement is proposed to come from the state, Metropolitan Council levies, and cities,
counties, and towns in the metropolitan area, respectively; and other similar matters;
new text end

new text begin (4) a statement of policies to effectuate the board's goals, objectives, and priorities;
new text end

new text begin (5) a statement of the fiscal implications of the board's plan, including a statement of:
new text end

new text begin (i) the resources available under existing fiscal policy;
new text end

new text begin (ii) the adequacy of resources under existing fiscal policy and any shortfalls and
unattended needs;
new text end

new text begin (iii) additional resources, if any, that are or may be required to effectuate the board's
goals, objectives, and priorities; and
new text end

new text begin (iv) any changes in existing fiscal policy, on regional revenues and intergovernmental
aids, respectively, that are expected or that the board has recommended or may recommend;
new text end

new text begin (6) a statement of the relationships to local comprehensive plans prepared under sections
473.851 to 473.871; and
new text end

new text begin (7) additional general information as may be necessary to develop the policy plan or as
may be required by the laws relating to the metropolitan agency and function covered by
the policy plan.
new text end

new text begin (b) The nontransit element of the transportation policy plan must include the following:
new text end

new text begin (1) a statement of the needs and problems of the metropolitan area with respect to the
functions covered, including the present and prospective demand for and constraints on
access to regional business concentrations and other major activity centers and the constraints
on and acceptable levels of development and vehicular trip generation at such centers;
new text end

new text begin (2) the objectives of and the policies to be forwarded by the policy plan;
new text end

new text begin (3) a general description of the physical facilities and services to be developed;
new text end

new text begin (4) a statement as to the general location of physical facilities and service areas;
new text end

new text begin (5) a general statement of timing and priorities in the development of those physical
facilities and service areas;
new text end

new text begin (6) a detailed statement, updated every two years, of timing and priorities for
improvements and expenditures needed on the metropolitan highway system;
new text end

new text begin (7) a general statement on the level of public expenditure appropriate to the facilities;
and
new text end

new text begin (8) a long-range assessment of air transportation trends and factors that may affect airport
development in the metropolitan area and policies and strategies that will ensure a
comprehensive, coordinated, and timely investigation and evaluation of alternatives for
airport development.
new text end

new text begin (c) The board shall develop the nontransit element in consultation with the commissioner,
the Metropolitan Airports Commission, and cities having an airport located within or adjacent
to its corporate boundaries. The board shall also take into consideration the airport
development and operations plans and activities of the Metropolitan Airports Commission.
new text end

new text begin (d) Prior to each major revision of the transportation policy plan, the board must carry
out a performance evaluation of the metropolitan area's transportation system as a whole.
The performance evaluation must:
new text end

new text begin (1) evaluate the area's ability to meet the need for effective and efficient transportation
of goods and people;
new text end

new text begin (2) evaluate trends and their impacts on the area's transportation system;
new text end

new text begin (3) assess the region's success in meeting the currently adopted regional transportation
benchmarks; and
new text end

new text begin (4) include an evaluation of the regional transit system, including a comparison with
peer metropolitan regions with regard to key operating and investment measurements.
new text end

new text begin (e) The board must update the evaluation of the regional transit system every two years.
After each update, the board must transmit the evaluation to the commissioner and to the
Metropolitan Council.
new text end

new text begin (f) The board shall use the results of the performance evaluation to make
recommendations for improving the system in each revision of the transportation policy
plan.
new text end

new text begin (g) The board must conduct a peer review of the performance evaluation using at least
two nationally recognized transportation and transit consultants.
new text end

new text begin (h) The board must submit the performance evaluation to the chairs and ranking minority
members of the legislative committees and divisions with jurisdiction over transportation
finance and policy.
new text end

Sec. 7.

new text begin [174B.06] TRANSITWAYS; LIGHT RAIL TRANSIT AND COMMUTER
RAIL IN THE METROPOLITAN AREA.
new text end

new text begin Subdivision 1. new text end

new text begin General requirements. new text end

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

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

new text begin (c) The board 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.
new text end

new text begin (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 board.
new text end

new text begin Subd. 2. new text end

new text begin Integrated transportation system. new text end

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

Sec. 8.

new text begin [174B.07] LIGHT RAIL TRANSIT CONSTRUCTION; AUTHORITY.
new text end

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

Sec. 9.

new text begin [174B.08] LIGHT RAIL TRANSIT FACILITY PLANS; DEFINITIONS.
new text end

new text begin Subdivision 1. new text end

new text begin Application. new text end

new text begin The definitions in this section apply to sections 174B.06
to 174B.09.
new text end

new text begin Subd. 2. new text end

new text begin Final design plan. new text end

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

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

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

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

new text begin Subd. 3. new text end

new text begin Preliminary design plan. new text end

new text begin "Preliminary design plan" means a light rail transit
plan that identifies:
new text end

new text begin (1) preliminary plans for the physical design of facilities, including location, length, and
termini of routes; general dimension, elevation, alignment, and character of routes and
crossings; whether the track is elevated, on the surface, or below ground; approximate station
locations; related park and ride, parking, and other transportation facilities; and a plan for
disability access; and
new text end

new text begin (2) preliminary plans for intermodal coordination with bus operations and routes;
ridership; capital costs; operating costs and revenues and sources of funds for operating
subsidies; funding for final design, construction, and operation; and an implementation
method.
new text end

new text begin The preliminary design plan includes the preliminary or draft environmental impact statement
for the light rail transit facilities proposed.
new text end

new text begin Subd. 4. new text end

new text begin Preliminary engineering plan. new text end

new text begin "Preliminary engineering plan" means a light
rail transit plan that includes the items in the preliminary design plan for the facilities
proposed for construction but with greater detail and specificity to satisfy final environmental
impact statement requirements.
new text end

new text begin Subd. 5. new text end

new text begin Responsible authority. new text end

new text begin "Responsible authority" means either the board or the
state of Minnesota acting through the commissioner of transportation, as designated by the
governor under section 174B.09, subdivision 1, for a particular light rail transit facility.
new text end

Sec. 10.

new text begin [174B.09] LIGHT RAIL TRANSIT; DESIGN PLANS.
new text end

new text begin Subdivision 1. new text end

new text begin Designation of responsible authority. new text end

new text begin For each proposed light rail transit
facility in the metropolitan area, the governor must designate either the board or state of
Minnesota acting through the commissioner of transportation as the entity responsible for
planning, designing, acquiring, constructing, and equipping the facility. Notwithstanding
such designation, the responsible authority may enter into one or more cooperative
agreements with respect to the planning, designing, acquiring, constructing, or equipping
of a particular light rail transit facility that provide for the parties to exercise their respective
authorities in support of the project in a manner that best serves the project and the public.
The commissioner shall not spend state funds to study light rail transit unless the funds are
appropriated in legislation that identifies the route, including the origin and destination.
new text end

new text begin Subd. 2. new text end

new text begin Preliminary design plans; public hearing. new text end

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

new text begin Subd. 3. new text end

new text begin Preliminary design plans; local approval. new text end

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

new text begin Subd. 4. new text end

new text begin Preliminary design plans; board hearing. new text end

new text begin 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 board shall hold a hearing on the plans, giving the
commissioner of transportation, if the responsible authority, any disapproving local
governmental units, and other persons an opportunity to present their views on the plans.
The responsible authority may conduct an independent study as it deems desirable and may
mediate and attempt to resolve disagreements about the plans. Within 60 days after the
hearing, the board 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 board must be made before
continuing the planning and designing process.
new text end

new text begin Subd. 5. new text end

new text begin Final design plans. new text end

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

new 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 board shall review the
final design plans under the same procedure and with the same effect as provided in
subdivision 4 for preliminary design plans.
new text end

new text begin Subd. 6. new text end

new text begin Board review. new text end

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

new text begin Subd. 7. new text end

new text begin Light rail transit operating costs. new text end

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

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

new text begin Subd. 8. new text end

new text begin Corridor Management Committee. new text end

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

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

new text begin (2) the commissioner of transportation or a designee of the commissioner;
new text end

new text begin (3) the chair of the Metropolitan Council;
new text end

new text begin (4) one member appointed by the board;
new text end

new text begin (5) one member appointed by the Metropolitan Airports Commission, if the designated
corridor provides direct service to the Minneapolis-St. Paul International Airport; and
new text end

new text begin (6) one member appointed by the president of the University of Minnesota, if the
designated corridor provides direct service to the university.
new text end

new text begin (b) The Corridor Management Committee shall advise the responsible authority on issues
relating to environmental review, preliminary design, preliminary engineering, final design,
implementation method, and construction of light rail transit in the corridor.
new text end

new text begin Subd. 9. new text end

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

new text begin The responsible authority must transfer
to the Metropolitan Council all facilities constructed and all equipment and property acquired
in developing the facility upon completion of construction.
new text end

Sec. 11.

new text begin [174B.10] LIGHT RAIL TRANSIT; DESIGN-BUILD METHOD.
new text end

new text begin (a) A responsible authority may use a design-build method of project development and
construction for light rail transit. Notwithstanding any law to the contrary, a responsible
authority may award a design-build contract on the basis of requests for proposals or requests
for qualifications without bids. "Design-build method of project development and
construction" means a project delivery system in which a single contractor is responsible
for both the design and construction of the project and bids the design and construction
together.
new text end

new text begin (b) If a responsible authority utilizes a design-build method of project development and
construction for light rail transit, the requirements and procedures in sections 161.3410 to
161.3426 apply to the procurement, subject to the following conditions and exceptions:
new text end

new text begin (1) the provisions of section 161.3412, subdivisions 3 and 4, are not applicable to the
procurement; and
new text end

new text begin (2) if any federal funds are used in developing or constructing the light rail transit project,
any provisions in sections 161.3410 to 161.3426 that are inconsistent with, or prohibited
by, any federal law, regulation, or other requirement are not applicable to the procurement.
new text end

Sec. 12.

new text begin [174B.11] FEDERAL FUNDING; LIGHT RAIL TRANSIT.
new text end

new text begin (a) Upon completion of the alternatives analysis and draft environmental impact statement
and selection of the locally preferred alternative, for each light rail transit facility the
responsible authority may prepare an application for federal assistance for the light rail
transit facility. The application must be reviewed and approved by the board before it is
submitted by the commissioner. In reviewing the application the board must consider the
operating cost estimate developed under section 174B.09, subdivision 7.
new text end

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

Sec. 13.

new text begin [174B.12] RIGHT-OF-WAY USE; CONTRACTS; LIABILITY.
new text end

new text begin Subdivision 1. new text end

new text begin Contracts for joint or shared use. new text end

new text begin (a) The location of light rail transit
in a shared corridor that is within or adjacent to right-of-way used for freight rail purposes
is a public purpose.
new text end

new text begin (b) The board, a metropolitan county, or a public entity contracting with the board or
county may contract with a railroad for: (1) the use of right-of-way for light rail transit and
freight rail purposes; or (2) the construction, operation, or maintenance of rail track, facilities,
or services for light rail transit and freight rail purposes in a shared corridor that is within
or adjacent to the right-of-way.
new text end

new text begin (c) Notwithstanding any law to the contrary, a contract under paragraph (b) may also
provide for the allocation of financial responsibility, indemnification, and the procurement
of insurance for the parties for all types of claims or damages.
new text end

new text begin (d) A contract entered into under this section does not affect rights of employees under
the federal Employers' Liability Act, United States Code, title 45, section 51 et seq., or the
federal Railway Labor Act, United States Code, title 45, section 151 et seq.
new text end

new text begin Subd. 2. new text end

new text begin Liability. new text end

new text begin Notwithstanding any law to the contrary, a railroad and its employees
operating within a shared corridor as described in subdivision 1 have the same limits to
liability for all types of claims or damages as provided to a municipality under sections
466.04 and 466.06 in an action arising from or related to an incident occurring within, along,
or adjacent to the shared corridor. The liability limits under this subdivision apply when the
claims or damages would not have occurred but for light rail transit, including but not limited
to light rail transit track, facilities, services, construction, improvements, maintenance, and
operations.
new text end

new text begin Subd. 3. new text end

new text begin Insurance. new text end

new text begin (a) Where the board and the railroad have entered into a contract
pursuant to subdivision 1, the board must procure insurance as commercially available that
is consistent with the amount of the damages limitation established under United States
Code, title 49, section 28103(a)(2), as indexed under Fixing America's Surface Transportation
Act, Public Law 114-94, section 11415.
new text end

new text begin (b) The board must procure insurance required by paragraph (a) so that it is in place and
effective when light rail vehicles are operating during prerevenue testing and revenue service.
This minimum insurance requirement is satisfied by an overall railroad liability policy
covering all of the board's railroad obligations, and a separate policy is not required for each
freight railroad or each project.
new text end

new text begin (c) Procurement of insurance as required by this subdivision constitutes a waiver of the
liability limits for the railroad and the board under sections 466.04 and 466.06 only to the
extent that the insurance procured by the board pays the claim on an incident that occurred
within, along, or adjacent to the shared corridor.
new text end

new text begin (d) Insurance procured by the railroad itself shall not create or be construed to be a
waiver of the liability limits for the railroad established under subdivision 2.
new text end

new text begin Subd. 4. new text end

new text begin Application. new text end

new text begin The liability limits under subdivision 2 and the insurance
requirements under subdivision 3 apply only for that segment of a light rail transit line or
line extension in which the project formally entered the engineering phase of the Federal
Transit Administration's "New Starts" capital investment grant program between August 1,
2016, and December 31, 2016.
new text end

Sec. 14.

new text begin [174B.13] TRANSIT SHELTERS AND STOPS.
new text end

new text begin Subdivision 1. new text end

new text begin Definitions. new text end

new text begin (a) For purposes of this section, the following terms have
the meanings given.
new text end

new text begin (b) "Transit authority" means:
new text end

new text begin (1) a statutory or home rule charter city, with respect to rights-of-way at bus stop and
train stop locations, transit shelters, and transit passenger seating facilities owned by the
city or established pursuant to a vendor contract with the city;
new text end

new text begin (2) the board, with respect to transit shelters and transit passenger seating facilities owned
by the board or established pursuant to a vendor contract with the board; or
new text end

new text begin (3) a replacement service provider under section 473.388, with respect to rights-of-way
at bus stop and train stop locations, transit shelters, and transit passenger seating facilities
owned by the provider or established pursuant to a vendor contract with the provider.
new text end

new text begin (c) "Transit shelter" means a wholly or partially enclosed structure provided for public
use as a waiting area in conjunction with light rail transit, bus rapid transit, or regular route
transit.
new text end

new text begin Subd. 2. new text end

new text begin Design. new text end

new text begin (a) A transit authority shall establish design specifications for
establishment and replacement of its transit shelters, which must include:
new text end

new text begin (1) engineering standards, as appropriate;
new text end

new text begin (2) maximization of protection from the wind, snow, and other elements;
new text end

new text begin (3) to the extent feasible, inclusion of warming capability at each shelter in which there
is a proportionally high number of transit service passenger boardings; and
new text end

new text begin (4) full accessibility for the elderly and persons with disabilities.
new text end

new text begin (b) The board shall consult with the Transportation Accessibility Advisory Committee.
new text end

new text begin Subd. 3. new text end

new text begin Maintenance. new text end

new text begin A transit authority shall ensure transit shelters are maintained
in good working order and are accessible to all users of the transit system. This requirement
includes but is not limited to:
new text end

new text begin (1) keeping transit shelters reasonably clean and free from graffiti; and
new text end

new text begin (2) removing snow and ice in a manner that provides accessibility for the elderly and
persons with disabilities to be able to enter and exit transit shelters and board and exit trains
at each stop.
new text end

Sec. 15.

new text begin [174B.14] METROPOLITAN AREA TRANSIT INVESTMENT.
new text end

new text begin Subdivision 1. new text end

new text begin Definitions. new text end

new text begin (a) For purposes of this section, the following terms have
the meanings given.
new text end

new text begin (b) "Budget activity" includes but is not limited to environmental analysis, land
acquisition, easements, design, preliminary and final engineering, acquisition of vehicles
and rolling stock, track improvement and rehabilitation, and construction.
new text end

new text begin (c) "Busway" means a form of bus service provided to the public on a regular and ongoing
basis, including arterial or highway bus rapid transit, that (1) compared to other regular
route bus service, provides reduced travel time and uses distinct bus stop or station amenities,
and (2) does not primarily or substantially operate within separated rights-of-way.
new text end

new text begin (d) "Guideway" means a form of transportation service provided to the public on a
regular and ongoing basis that primarily or substantially operates within separated
rights-of-way or operates on rails, and includes:
new text end

new text begin (1) each line for intercity passenger rail, commuter rail, light rail transit, and streetcars;
new text end

new text begin (2) as applicable, each line for dedicated bus service, which may include arterial or
highway bus rapid transit, limited stop bus service, and express bus service; and
new text end

new text begin (3) any intermodal facility serving two or more lines identified in clauses (1) and (2).
new text end

new text begin Guideway does not include a busway.
new text end

new text begin (e) "Local unit of government" means a county, statutory or home rule charter city, town,
or other political subdivision, including but not limited to a regional railroad authority or
joint powers board.
new text end

new text begin (f) "Separated rights-of-way" includes exclusive, dedicated, or primary use of a
right-of-way by the public transportation service. Separated rights-of-way does not include
a shoulder, dynamic shoulder lane, or priced lane under section 160.93.
new text end

new text begin (g) "Sources of funds" includes but is not limited to money from federal aid, state
appropriations, the Metropolitan Council, special taxing districts, local units of government,
farebox recovery, and nonpublic sources.
new text end

new text begin Subd. 2. new text end

new text begin Guideway capital project requests to legislature. new text end

new text begin A state agency or local unit
of government that submits a request to the legislature to obtain state funds for a guideway
project shall, as part of the request, provide a summary financial plan for the project that
presents the following information as reflected by the data and level of detail available in
the latest phase of project development:
new text end

new text begin (1) capital expenditures and funding sources for the project, including expenditures to
date and total projected or estimated expenditures, with a breakdown by committed and
proposed sources of funds; and
new text end

new text begin (2) estimated annual operations and maintenance expenditures for the project, with a
breakdown by committed and proposed sources of funds.
new text end

new text begin Subd. 3. new text end

new text begin Legislative report. new text end

new text begin (a) By October 15 in every even-numbered year, the board
must prepare, in collaboration with the commissioner and the chair of the Metropolitan
Council, a report on comprehensive transit finance in the metropolitan area. The board must
submit the report electronically to the chairs and ranking minority members of the legislative
committees with jurisdiction over transportation policy and finance.
new text end

new text begin (b) The report must be structured to provide financial information in six-month increments
corresponding to state and local fiscal years and must use consistent assumptions and
methodologies. The report must comprehensively identify all funding sources and
expenditures related to transit in the metropolitan area, including but not limited to:
new text end

new text begin (1) sources and uses of funds from regional railroad authorities, joint powers agreements,
counties, and cities;
new text end

new text begin (2) expenditures for transit planning, feasibility studies, alternatives analysis, and other
transit project development; and
new text end

new text begin (3) expenditures for guideways, busways, regular route bus service, demand-response
service, and special transportation service under section 473.386.
new text end

new text begin (c) The report must include a section that summarizes the status of: (1) guideways in
revenue operation; and (2) guideway projects (i) currently in study, planning, development,
or construction; (ii) identified in the transportation policy plan under section 473.146; or
(iii) identified in the comprehensive statewide freight and passenger rail plan under section
174.03, subdivision 1b.
new text end

new text begin (d) At a minimum, the guideways status section of the report must provide, for each
guideway project wholly or partially in the metropolitan area:
new text end

new text begin (1) a brief description of the project, including projected ridership;
new text end

new text begin (2) a summary of the overall status and current phase of the project;
new text end

new text begin (3) a timeline that includes (i) project phases or milestones, including any federal
approvals; (ii) expected and known dates of commencement of each phase or milestone;
and (iii) expected and known dates of completion of each phase or milestone;
new text end

new text begin (4) a brief progress update on specific project phases or milestones completed since the
last previous submission of a report under this subdivision; and
new text end

new text begin (5) a summary financial plan that identifies, as reflected by the data and level of detail
available in the latest phase of project development and to the extent available:
new text end

new text begin (i) capital expenditures, including expenditures to date and total projected expenditures,
with a breakdown by committed and proposed sources of funds for the project;
new text end

new text begin (ii) estimated annual operations and maintenance expenditures reflecting the level of
detail available in the current phase of the project development, with a breakdown by
committed and proposed sources of funds for the project; and
new text end

new text begin (iii) if feasible, project expenditures by budget activity.
new text end

new text begin (e) The report must include a section that summarizes the status of: (1) busways in
revenue operation; and (2) busway projects currently in study, planning, development, or
construction.
new text end

new text begin (f) The report must include a section that identifies the total ridership, farebox recovery
ratio, and per-passenger operating subsidy for: (1) each route and line in revenue operation
by a transit provider, including guideways, busways, and regular route bus service; and (2)
demand-response service and special transportation service. The section must provide data,
as available, on a per-passenger mile basis and must provide information for at least the
previous three years. The section must identify performance standards for farebox recovery
and identify each route and line that does not meet the standards.
new text end

new text begin (g) The report must also include a systemwide capacity analysis for transit operations
and investment in expansion and maintenance that:
new text end

new text begin (1) provides a funding projection, annually over the ensuing ten years, and with a
breakdown by committed and proposed sources of funds, of:
new text end

new text begin (i) total capital expenditures for guideways and for busways;
new text end

new text begin (ii) total operations and maintenance expenditures for guideways and for busways;
new text end

new text begin (iii) total funding available for guideways and for busways, including from projected or
estimated farebox recovery; and
new text end

new text begin (iv) total funding available for transit service in the metropolitan area; and
new text end

new text begin (2) evaluates the availability of funds and distribution of sources of funds for guideway
and for busway investments.
new text end

new text begin (h) The capacity analysis under paragraph (g) must include all guideway and busway
lines for which public funds are reasonably expected to be expended in planning,
development, construction, revenue operation, or capital maintenance during the ensuing
ten years.
new text end

new text begin (i) Local units of government must provide assistance and information in a timely manner
as requested by the commissioner or board for completion of the report.
new text end

Sec. 16.

new text begin [174B.15] POLICY; GOALS.
new text end

new text begin Subdivision 1. new text end

new text begin Policy. new text end

new text begin The legislature finds that, for the provision of essential mobility
and transportation options in the metropolitan area, for the encouragement of alternatives
to the single-occupant vehicle, and for the development of transportation service designed
to meet public needs efficiently and effectively, there is a need for the creation of transit
programs in the metropolitan area.
new text end

new text begin Subd. 2. new text end

new text begin Goals. new text end

new text begin The goals of this chapter are as follows:
new text end

new text begin (1) to provide to the greatest feasible extent a basic level of mobility for all people in
the metropolitan area;
new text end

new text begin (2) to arrange to the greatest feasible extent for the provision of a comprehensive set of
transit and paratransit services to meet the needs of all people in the metropolitan area;
new text end

new text begin (3) to cooperate with private and public transit providers to assure the most efficient and
coordinated use of existing and planned transit resources; and
new text end

new text begin (4) to maintain public mobility in the event of emergencies or energy shortages.
new text end

Sec. 17.

Minnesota Statutes 2020, section 473.145, is amended to read:

473.145 DEVELOPMENT GUIDE.

The Metropolitan Council shall prepare and adopt, after appropriate study and such
public hearings as may be necessary, a comprehensive development guide for the
metropolitan area. It shall consist of a compilation of policy statements, goals, standards,
programs, and maps prescribing guides for the orderly and economical development, public
and private, of the metropolitan area. The comprehensive development guide shall recognize
and encompass physical, social, or economic needs of the metropolitan area and those future
developments which will have an impact on the entire area including but not limited to such
matters as land use, parks and open space land needs, the necessity for and location of
airports, highways, transit facilities, public hospitals, libraries, schools, and other public
buildings. new text begin The development guide must be consistent with the plans adopted by the
Metropolitan Transportation Planning Board.
new text end

Sec. 18.

Minnesota Statutes 2020, section 473.146, subdivision 1, is amended to read:

Subdivision 1.

Requirement.

The council shall adopt a long-range comprehensive policy
plan for deleted text begin transportation and deleted text end wastewater treatment. The deleted text begin plans deleted text end new text begin plan new text end must substantially conform
to all policy statements, purposes, goals, standards, and maps in the development guide
developed and adopted by the council under this chapter. deleted text begin Each deleted text end new text begin The new text end policy plan must include,
to the extent appropriate to the functions, services, and systems covered, the following:

(1) forecasts of changes in the general levels and distribution of population, households,
employment, land uses, and other relevant matters, for the metropolitan area and appropriate
subareas;

(2) a statement of issues, problems, needs, and opportunities with respect to the functions,
services, and systems covered;

(3) a statement of the council's goals, objectives, and priorities with respect to the
functions, services, and systems covered, addressing areas and populations to be served,
the levels, distribution, and staging of services; a general description of the facility systems
required to support the services; the estimated cost of improvements required to achieve
the council's goals for the regional systems, including an analysis of what portion of the
funding for each improvement is proposed to come from the state, Metropolitan Council
levies, and cities, counties, and towns in the metropolitan area, respectively, and other
similar matters;

(4) a statement of policies to effectuate the council's goals, objectives, and priorities;

(5) a statement of the fiscal implications of the council's plan, including a statement of:
(i) the resources available under existing fiscal policy; (ii) the adequacy of resources under
existing fiscal policy and any shortfalls and unattended needs; (iii) additional resources, if
any, that are or may be required to effectuate the council's goals, objectives, and priorities;
and (iv) any changes in existing fiscal policy, on regional revenues and intergovernmental
aids respectively, that are expected or that the council has recommended or may recommend;

(6) a statement of the relationship of the policy plan to other policy plans and chapters
of the Metropolitan Development Guide;

(7) a statement of the relationships to local comprehensive plans prepared under sections
473.851 to 473.871; and

(8) additional general information as may be necessary to develop the policy plan or as
may be required by the laws relating to the metropolitan agency and function covered by
the policy plan.

Sec. 19.

Minnesota Statutes 2020, section 473.192, subdivision 2, is amended to read:

Subd. 2.

Definitions.

For purposes of this section, "metropolitan area" has the meaning
given it in section 473.121, subdivision 2. "Transportation policy plan" means the plan
adopted by the Metropolitan deleted text begin Council deleted text end new text begin Transportation Planning Board new text end pursuant to section
deleted text begin 473.145 deleted text end new text begin 174B.05 new text end . "Municipality" has the meaning provided by section 462.352, subdivision
2.

Sec. 20.

new text begin [473.372] COOPERATION WITH METROPOLITAN TRANSPORTATION
PLANNING BOARD.
new text end

new text begin The council must cooperate with the Metropolitan Transportation Planning Board
established in section 174B.02. Upon request of the board, the council shall provide any
data or information relating to transit in the metropolitan area.
new text end

Sec. 21.

Minnesota Statutes 2020, section 473.408, subdivision 2a, is amended to read:

Subd. 2a.

Regular route fares.

The council shall establish and enforce uniform fare
policies for regular route transit in the metropolitan area. The policies must be consistent
with the requirements of this section and the deleted text begin council's deleted text end new text begin Metropolitan Transportation Planning
Board's new text end transportation policy plan. The council and other operators shall charge a base fare
and any surcharges for peak hours and distance of service in accordance with the council's
fares policies. The council shall approve all fare schedules.

Sec. 22.

Minnesota Statutes 2020, section 473.449, is amended to read:

473.449 ACT EXCLUSIVE.

The exercise by the council of the powers provided in sections 473.405 to 473.449 shall
not be subject to regulation by or the jurisdiction or control of any other public body or
agency, either state, county, or municipal, except as specifically provided in this chapter new text begin or
chapter 174B new text end .

Sec. 23. new text begin REPORT; IMPLEMENTATION CHANGES.
new text end

new text begin By December 1, 2021, the commissioner of transportation, in consultation with the chair
of the Metropolitan Council, must report to the chairs and ranking minority members of the
legislative committees with jurisdiction over transportation policy and finance. The report
must include recommendations on necessary changes to statutes to fully implement the
requirements of this act, including recommendations on necessary changes to state, local,
federal, and other funding mechanisms.
new text end

new text begin EFFECTIVE DATE. new text end

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

Sec. 24. new text begin TRANSITION; TRANSPORTATION ADVISORY BOARD;
METROPOLITAN TRANSPORTATION PLANNING BOARD.
new text end

new text begin (a) On the effective date of this act, the responsibilities of the Transportation Advisory
Board established in Minnesota Statutes 2020, section 473.146, subdivision 4, are transferred
to the Metropolitan Transportation Planning Board established by this act. Actions taken
by the Metropolitan Transportation Planning Board are a continuation of actions taken by
the Transportation Advisory Board. The Metropolitan Transportation Planning Board shall
assume legal responsibility for any agreements or contracts relating to transportation planning
and for planning, designing, acquiring, constructing, and equipping public transit facilities.
new text end

new text begin (b) The Metropolitan Council and the Transportation Advisory Board must provide to
the Metropolitan Transportation Planning Board all planning, designing, constructing, and
other information relating to current and future transit lines.
new text end

Sec. 25. new text begin REVISOR INSTRUCTION.
new text end

new text begin The revisor of statutes shall title chapter 174B "Metropolitan Transportation Planning."
new text end

Sec. 26. new text begin REPEALER.
new text end

new text begin Minnesota Statutes 2020, sections 174.35; 473.146, subdivisions 3 and 4; 473.1466;
473.168; 473.371; 473.375, subdivision 9a; 473.391, subdivision 2; 473.399, subdivisions
1 and 1a; 473.3993; 473.3994, subdivisions 1a, 2, 3, 4, 5, 7, 8, 9, 10, and 14; 473.3995;
473.3997; 473.3999; 473.405, subdivisions 1, 3, 4, 5, 9, 10, and 15; 473.4052; 473.41;
473.411, subdivisions 3, 4, and 5; and 473.4485, new text end new text begin are repealed.
new text end

Sec. 27. new text begin EFFECTIVE DATE.
new text end

new text begin Except where otherwise provided, this act is effective July 1, 2022.
new text end

APPENDIX

Repealed Minnesota Statutes: 21-03592

174.35 LIGHT RAIL TRANSIT.

The commissioner of transportation may exercise the powers granted in this chapter and chapter 473, as necessary, to plan, design, acquire, construct, and equip light rail transit facilities in the metropolitan area as defined in section 473.121, subdivision 2. The commissioner shall not spend state funds to study light rail transit unless the funds are appropriated in legislation that identifies the route, including the origin and destination.

473.146 POLICY PLANS FOR METROPOLITAN AGENCIES.

Subd. 3.

Development guide; transportation.

The transportation chapter must include policies relating to all transportation forms and be designed to promote the legislative determinations, policies, and goals set forth in section 473.371. In addition to the requirements of subdivision 1 regarding the contents of the policy plan, the nontransit element of the transportation chapter must include the following:

(1) a statement of the needs and problems of the metropolitan area with respect to the functions covered, including the present and prospective demand for and constraints on access to regional business concentrations and other major activity centers and the constraints on and acceptable levels of development and vehicular trip generation at such centers;

(2) the objectives of and the policies to be forwarded by the policy plan;

(3) a general description of the physical facilities and services to be developed;

(4) a statement as to the general location of physical facilities and service areas;

(5) a general statement of timing and priorities in the development of those physical facilities and service areas;

(6) a detailed statement, updated every two years, of timing and priorities for improvements and expenditures needed on the metropolitan highway system;

(7) a general statement on the level of public expenditure appropriate to the facilities; and

(8) a long-range assessment of air transportation trends and factors that may affect airport development in the metropolitan area and policies and strategies that will ensure a comprehensive, coordinated, and timely investigation and evaluation of alternatives for airport development.

The council shall develop the nontransit element in consultation with the transportation advisory board and the Metropolitan Airports Commission and cities having an airport located within or adjacent to its corporate boundaries. The council shall also take into consideration the airport development and operations plans and activities of the commission. The council shall transmit the results to the state Department of Transportation.

Subd. 4.

Transportation planning.

(a) The Metropolitan Council is the designated planning agency for any long-range comprehensive transportation planning required by section 134 of the Federal Highway Act of 1962, Section 4 of Urban Mass Transportation Act of 1964 and Section 112 of Federal Aid Highway Act of 1973 and other federal transportation laws. The council shall assure administration and coordination of transportation planning with appropriate state, regional and other agencies, counties, and municipalities.

(b) The council shall establish an advisory body consisting of citizens and representatives of municipalities, counties, and state agencies in fulfillment of the planning responsibilities of the council. The membership of the advisory body must consist of:

(1) the commissioner of transportation or the commissioner's designee;

(2) the commissioner of the Pollution Control Agency or the commissioner's designee;

(3) one member of the Metropolitan Airports Commission appointed by the commission;

(4) one person appointed by the council to represent nonmotorized transportation;

(5) one person appointed by the commissioner of transportation to represent the freight transportation industry;

(6) two persons appointed by the council to represent public transit;

(7) ten elected officials of cities within the metropolitan area, including one representative from each first-class city, appointed by the Association of Metropolitan Municipalities;

(8) one member of the county board of each county in the seven-county metropolitan area, appointed by the respective county boards;

(9) eight citizens appointed by the council, one from each council precinct;

(10) one elected official from a city participating in the replacement service program under section 473.388, appointed by the Suburban Transit Association; and

(11) one member of the council, appointed by the council.

(c) The council shall appoint a chair from among the members of the advisory body.

473.1466 TRANSPORTATION SYSTEM PERFORMANCE EVALUATION.

(a) Prior to each major revision of the transportation policy plan, the council must carry out a performance evaluation of the metropolitan area's transportation system as a whole. The performance evaluation must:

(1) evaluate the area's ability to meet the need for effective and efficient transportation of goods and people;

(2) evaluate trends and their impacts on the area's transportation system;

(3) assess the region's success in meeting the currently adopted regional transportation benchmarks; and

(4) include an evaluation of the regional transit system, including a comparison with peer metropolitan regions with regard to key operating and investment measurements.

(b) The council must update the evaluation of the regional transit system every two years.

(c) The council shall use the results of the performance evaluation to make recommendations for improving the system in each revision of the transportation policy plan.

(d) The council must conduct a peer review of the performance evaluation using at least two nationally recognized transportation and transit consultants.

(e) The council must submit the performance evaluation to the chairs and ranking minority members of the house of representatives and senate committees and divisions with jurisdiction over transportation finance and policy.

473.168 FREEWAY EXCLUSIVE LANES.

Subdivision 1.

Freeway defined.

For the purpose of this section, "freeway" means a completely controlled access highway where ingress and egress is allowed only at certain designated points as determined by the road authority having jurisdiction over the highway.

Subd. 2.

Exclusive lanes; multipassenger transit.

The Metropolitan Council may require that any freeway constructed in the metropolitan area on which actual construction has not been commenced by April 12, 1974 include provisions for exclusive lanes for buses and, as the council may determine, other forms of multipassenger transit. The council, in making its determination, must demonstrate that the exclusive lanes are necessary to implement the transportation policy plan of the development guide.

473.371 POLICY; GOALS.

Subdivision 1.

Policy.

The legislature finds that, for the provision of essential mobility and transportation options in the metropolitan area, for the encouragement of alternatives to the single-occupant vehicle and for the development of transportation service designed to meet public needs efficiently and effectively, there is a need for the creation of transit programs in the metropolitan area.

Subd. 2.

Goals.

The goals of sections 473.371 to 473.449 are as follows:

(a) to provide, to the greatest feasible extent, a basic level of mobility for all people in the metropolitan area;

(b) to arrange to the greatest feasible extent for the provision of a comprehensive set of transit and paratransit services to meet the needs of all people in the metropolitan area;

(c) to cooperate with private and public transit providers to assure the most efficient and coordinated use of existing and planned transit resources; and

(d) to maintain public mobility in the event of emergencies or energy shortages.

473.375 POWERS AND DUTIES OF COUNCIL; ADVISORY COMMITTEE.

Subd. 9a.

Transportation Accessibility Advisory Committee.

The council shall establish a Transportation Accessibility Advisory Committee consisting of 15 members and a chair to advise the council on the development and management of policies regarding accessibility of all aspects of fixed regular route and special transportation services for persons with disabilities. The Transportation Accessibility Advisory Committee shall also advise the council on long-range plans to meet the accessible transportation needs of the disability community. The Transportation Accessibility Advisory Committee must include elderly persons, persons with disabilities, other users of special transportation services, and representatives of appropriate agencies for elderly persons and persons with disabilities. At least half the Transportation Accessibility Advisory Committee members must be persons who are both ADA-certified and users of public transit in the metropolitan area. Two of the appointments to the Transportation Accessibility Advisory Committee must be made by the Council on Disability in consultation with the chair of the Metropolitan Council.

473.391 ROUTE PLANNING AND SCHEDULING.

Subd. 2.

Route elimination; service reduction.

The council shall, before making a determination to eliminate or reduce service on existing transit routes, consider:

(1) the level of subsidy per passenger on each route;

(2) the availability and proximity of alternative transit routes; and

(3) the percentage of transit dependent riders, including youth, elderly, low-income, and disabled riders currently using each route.

473.399 TRANSIT WAYS; LIGHT RAIL TRANSIT AND COMMUTER RAIL IN THE METROPOLITAN AREA.

Subdivision 1.

General requirements.

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

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

(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 council.

Subd. 1a.

Integrated transportation system.

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

473.3993 LIGHT RAIL TRANSIT FACILITY PLANS; DEFINITIONS.

Subdivision 1.

Application.

The definitions in this section apply to sections 473.3993 to 473.3997.

Subd. 2.

Preliminary design plan.

"Preliminary design plan" means a light rail transit plan that identifies:

(1) preliminary plans for the physical design of facilities, including location, length, and termini of routes; general dimension, elevation, alignment, and character of routes and crossings; whether the track is elevated, on the surface, or below ground; approximate station locations; and related park and ride, parking, and other transportation facilities; and a plan for disability access; and

(2) preliminary plans for intermodal coordination with bus operations and routes; ridership; capital costs; operating costs and revenues, and sources of funds for operating subsidies; funding for final design, construction, and operation; and an implementation method.

The preliminary design plan includes the preliminary or draft environmental impact statement for the light rail transit facilities proposed.

Subd. 2a.

Preliminary engineering plan.

"Preliminary engineering plan" means a light rail transit plan that includes the items in the preliminary design plan for the facilities proposed for construction, but with greater detail and specificity to satisfy final environmental impact statement requirements.

Subd. 3.

Final design plan.

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

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

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

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

Subd. 4.

Responsible authority.

"Responsible authority" means either the Metropolitan Council or the state of Minnesota acting through the commissioner of transportation, as designated by the governor under section 473.3994, subdivision 1a, for a particular light rail transit facility.

473.3994 LIGHT RAIL TRANSIT; DESIGN PLANS.

Subd. 1a.

Designation of responsible authority.

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

Subd. 2.

Preliminary design plans; public hearing.

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

Subd. 3.

Preliminary design plans; local approval.

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

Subd. 4.

Preliminary design plans; council hearing.

If the governing body of one or more cities, counties, or towns disapproves the preliminary design plans within the period allowed under subdivision 3, the council shall hold a hearing on the plans, giving the commissioner of transportation, if the responsible authority, any disapproving local governmental units, and other persons an opportunity to present their views on the plans. The council may conduct independent study as it deems desirable and may mediate and attempt to resolve disagreements about the plans. Within 60 days after the hearing, the council shall review the plans and shall decide what amendments to the plans, if any, must be made to accommodate the objections presented by the disapproving local governmental units. Amendments to the plans as decided by the council must be made before continuing the planning and designing process.

Subd. 5.

Final design plans.

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

(b) If the governing body of one or more cities, counties, or towns disapproves the changed plans within the period allowed under paragraph (a), the council shall review the final design plans under the same procedure and with the same effect as provided in subdivision 4 for preliminary design plans.

Subd. 7.

Council review.

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

Subd. 8.

Metropolitan significance.

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

Subd. 9.

Light rail transit operating costs.

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

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

Subd. 10.

Corridor Management Committee.

(a) The responsible authority must establish a Corridor Management Committee to advise the responsible authority in the design and construction of light rail transit in each corridor to be constructed. The Corridor Management Committee for each corridor shall consist of the following members:

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

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

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

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

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

(b) The Corridor Management Committee shall advise the responsible authority on issues relating to environmental review, preliminary design, preliminary engineering, final design, implementation method, and construction of light rail transit in the corridor.

Subd. 14.

Transfer of facility after construction.

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

473.3995 LIGHT RAIL TRANSIT; DESIGN-BUILD METHOD.

(a) A responsible authority may use a design-build method of project development and construction for light rail transit. Notwithstanding any law to the contrary, a responsible authority may award a design-build contract on the basis of requests for proposals or requests for qualifications without bids. "Design-build method of project development and construction" means a project delivery system in which a single contractor is responsible for both the design and construction of the project and bids the design and construction together.

(b) If a responsible authority utilizes a design-build method of project development and construction for light rail transit, the requirements and procedures in sections 161.3410 to 161.3426 apply to the procurement, subject to the following conditions and exceptions:

(1) if the Metropolitan Council is the responsible authority for a particular light rail transit project, when used in sections 161.3410 to 161.3426, (i) the terms "commissioner," "Minnesota Department of Transportation," "department," "state agencies," and "road authority" refer to the Metropolitan Council, and (ii) the term "state" refers to the Metropolitan Council except in references to state law or in references to the state as a geographical location;

(2) the provisions of section 161.3412, subdivisions 3 and 4, are not applicable to the procurement; and

(3) if any federal funds are used in developing or constructing the light rail transit project, any provisions in sections 161.3410 to 161.3426 that are inconsistent with, or prohibited by, any federal law, regulation, or other requirement are not applicable to the procurement.

473.3997 FEDERAL FUNDING; LIGHT RAIL TRANSIT.

(a) Upon completion of the alternatives analysis and draft environmental impact statement, and selection of the locally preferred alternative, for each light rail transit facility, the responsible authority may prepare an application for federal assistance for the light rail transit facility. If the commissioner is the responsible authority, the application must be reviewed and approved by the Metropolitan Council before it is submitted by the commissioner. In reviewing the application the council must consider the operating cost estimate developed under section 473.3994, subdivision 9.

(b) Except for the designated responsible authority for a particular light rail transit facility, no political subdivision in the metropolitan area may on its own apply for federal assistance for light rail transit planning or construction.

473.3999 LIGHT RAIL TRANSIT CONSTRUCTION; COUNCIL AUTHORITY.

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

473.405 POWERS.

Subdivision 1.

General.

The Metropolitan Council has the powers and duties prescribed by this section and sections 473.407 to 473.449 and all powers necessary or convenient to discharge its duties.

Subd. 3.

Condemnation.

The council may for transit purposes acquire property, franchises, easements, or property rights or interests of any kind by condemnation proceedings pursuant to chapter 117. Except as provided in subdivision 9, the council may take possession of any property for which condemnation proceedings have been commenced at any time after the filing of the petition describing the property in the proceedings. The council may contract with an operator or other persons for the use by the operator or person of any property under the council's control.

Subd. 4.

Transit systems.

The council may engineer, construct, equip, and operate transit and paratransit systems, projects, or any parts thereof, including road lanes or rights-of-way, terminal facilities, maintenance and garage facilities, ramps, parking areas, and any other facilities useful for or related to any public transit or paratransit system or project. The council may sell or lease naming rights with regard to light rail transit stations and apply revenues from sales or leases to light rail transit operating costs.

Subd. 5.

Acquisition of transit systems.

The council may acquire by purchase, lease, gift, or condemnation proceedings any existing public transit system or any part thereof, including all or any part of the plant, equipment, shares of stock, property, real, personal, or mixed, rights in property, reserve funds, special funds, franchises, licenses, patents, permits and papers, documents and records belonging to any operator of a public transit system within the metropolitan area, and may in connection therewith assume any or all liabilities of any operator of a public transit system. The council may take control of and operate a system immediately following the filing and approval of the initial petition for condemnation, if the council, in its discretion, determines this to be necessary, and may take possession of all right, title and other powers of ownership in all properties and facilities described in the petition. Control must be taken by resolution which is effective upon service of a copy on the condemnee and the filing of the resolution in the condemnation action. In the determination of the fair value of the existing public transit system, there must not be included any value attributable to expenditures for improvements made by the former Metropolitan Transit Commission or council.

Subd. 9.

Condemnation of public or public service corporation property.

The fact that property is owned by or is in charge of a public agency or a public service corporation organized for a purpose specified in section 301B.01, or is already devoted to a public use or to use by the corporation or was acquired therefor by condemnation may not prevent its acquisition by the council by condemnation, but if the property is in actual public use or in actual use by the corporation for any purpose of interest or benefit to the public, the taking by the council by condemnation may not be authorized unless the court finds and determines that there is greater public necessity for the proposed use by the council than for the existing use.

Subd. 10.

Voluntary transfer of public property.

Any state department or other agency of the state government or any county, municipality, or other public agency may sell, lease, grant, transfer, or convey to the council, with or without consideration, any facilities or any part or parts thereof or any real or personal property or interest therein which may be useful to the council for any authorized purpose. In any case where the construction of a facility has not been completed, the public agency concerned may also transfer, sell, assign, and set over to the council, with or without consideration, any existing contract for the construction of the facilities.

Subd. 15.

Relocation of displaced persons.

The council may plan for and assist in the relocation of individuals, families, business concerns, nonprofit organizations, and others displaced by operations of the council, and may make relocation payments in accordance with federal regulations.

473.4052 RIGHT-OF-WAY USE; CONTRACTS; LIABILITY.

Subdivision 1.

Contracts for joint or shared use.

(a) The location of light rail transit in a shared corridor that is within or adjacent to right-of-way used for freight rail purposes is a public purpose.

(b) The council, a metropolitan county, or a public entity contracting with the council or county may contract with a railroad for (1) the use of right-of-way for light rail transit and freight rail purposes, or (2) the construction, operation, or maintenance of rail track, facilities, or services for light rail transit and freight rail purposes in a shared corridor that is within or adjacent to the right-of-way.

(c) Notwithstanding any law to the contrary, a contract under paragraph (b) may also provide for the allocation of financial responsibility, indemnification, and the procurement of insurance for the parties for all types of claims or damages.

(d) A contract entered into under this section does not affect rights of employees under the federal Employers' Liability Act (1908) (Railroads), Statutes at Large, volume 35, chapter 149, or the federal Railway Labor Act, Statutes at Large, volume 44, chapter 347.

Subd. 2.

Liability.

Notwithstanding any law to the contrary, a railroad and its employees operating within a shared corridor as described in subdivision 1 has the same limits to liability for all types of claims or damages as provided to a municipality under sections 466.04 and 466.06, in an action arising from or related to an incident occurring within, along, or adjacent to the shared corridor. The liability limits under this subdivision apply when the claims or damages would not have occurred but for light rail transit, including, but not limited to, light rail transit track, facilities, services, construction, improvements, maintenance, and operations.

Subd. 3.

Insurance.

(a) Where the council and the railroad have entered into a contract pursuant to subdivision 1, the council must procure insurance as commercially available that is consistent with the amount of the damages limitation established under United States Code, title 49, section 28103(a)(2), as indexed under Fixing America's Surface Transportation Act, Public Law 114-94, section 11415.

(b) The council must procure insurance required by paragraph (a) so that it is in place and effective when light rail vehicles are operating during prerevenue testing and revenue service. This minimum insurance requirement is satisfied by an overall railroad liability policy covering all of the council's railroad obligations, and a separate policy is not required for each freight railroad or each project.

(c) Procurement of insurance as required by this subdivision constitutes a waiver of the liability limits for the railroad and the council under sections 466.04 and 466.06 only to the extent that the insurance procured by the council pays the claim on an incident that occurred within, along, or adjacent to the shared corridor.

(d) Insurance procured by the railroad itself shall not create or be construed to be a waiver of the liability limits for the railroad established under subdivision 2.

Subd. 4.

Application.

The liability limits under subdivision 2 and the insurance requirements under subdivision 3 apply only for that segment of a light rail transit line or line extension in which the project formally entered the engineering phase of the Federal Transit Administration's "New Starts" capital investment grant program between August 1, 2016, and December 31, 2016.

473.41 TRANSIT SHELTERS AND STOPS.

Subdivision 1.

Definitions.

(a) For purposes of this section, the following terms have the meanings given.

(b) "Transit authority" means:

(1) a statutory or home rule charter city, with respect to rights-of-way at bus stop and train stop locations, transit shelters, and transit passenger seating facilities owned by the city or established pursuant to a vendor contract with the city;

(2) the Metropolitan Council, with respect to transit shelters and transit passenger seating facilities owned by the council or established pursuant to a vendor contract with the council; or

(3) a replacement service provider under section 473.388, with respect to rights-of-way at bus stop and train stop locations, transit shelters, and transit passenger seating facilities owned by the provider or established pursuant to a vendor contract with the provider.

(c) "Transit shelter" means a wholly or partially enclosed structure provided for public use as a waiting area in conjunction with light rail transit, bus rapid transit, or regular route transit.

Subd. 2.

Design.

(a) A transit authority shall establish design specifications for establishment and replacement of its transit shelters, which must include:

(1) engineering standards, as appropriate;

(2) maximization of protection from the wind, snow, and other elements;

(3) to the extent feasible, inclusion of warming capability at each shelter in which there is a proportionally high number of transit service passenger boardings; and

(4) full accessibility for the elderly and persons with disabilities.

(b) The council shall consult with the Transportation Accessibility Advisory Committee.

Subd. 3.

Maintenance.

A transit authority shall ensure transit shelters are maintained in good working order and are accessible to all users of the transit system. This requirement includes but is not limited to:

(1) keeping transit shelters reasonably clean and free from graffiti; and

(2) removing snow and ice in a manner that provides accessibility for the elderly and persons with disabilities to be able to enter and exit transit shelters, and board and exit trains at each stop.

473.411 TRANSIT AND HIGHWAY SYSTEMS.

Subd. 3.

Services of Department of Transportation.

The council may make use of engineering and other technical and professional services, including regular staff and qualified consultants, which the commissioner of transportation can furnish, upon fair and reasonable reimbursement for the cost thereof; provided, that the council has final authority over the employment of any services from other sources which it may deem necessary for such purposes. The commissioner of transportation may furnish all engineering, legal, and other services, if so requested by the council and upon fair and reasonable reimbursement for the cost thereof by the council, for the purposes stated in this subdivision, including the acquisition by purchase, condemnation, or otherwise in the name of the council of all lands, waters, easements, or other rights or interests in lands or waters required by the council. No purchase of service agreements may be made under this subdivision which are not included in the budget of the council.

Subd. 4.

State highways; joint use for transit and highway purposes.

Wherever the joint construction or use of a state highway is feasible in fulfilling the purposes of sections 473.405 to 473.449, the council shall enter into an agreement with the commissioner of transportation therefor, evidenced by a memorandum setting forth the terms of the agreement. Either the council or the commissioner of transportation may acquire any additional lands, waters, easements or other rights or interests required for joint use in accordance with the agreement, or joint acquisition may be made by condemnation as provided by section 117.016 and the provisions of sections 473.405 to 473.449. Under the agreement each party shall pay to the other party reasonable compensation for the costs of any services performed at the request of the other party which may include any costs of engineering, design, acquisition of property, construction of the facilities, and for the use thereof so far as attributable to and necessary for the purposes. The council may not agree to acquisitions or expenditures under this subdivision which are not included in its budget.

Subd. 5.

Use of public roadways and appurtenances.

The council may use for the purposes of sections 473.405 to 473.449 upon the conditions stated in this subdivision any state highway or other public roadway, parkway, or lane, or any bridge or tunnel or other appurtenance of a roadway, without payment of any compensation, provided the use does not interfere unreasonably with the public use or maintenance of the roadway or appurtenance or entail any substantial additional costs for maintenance. The provisions of this subdivision do not apply to the property of any common carrier railroad or common carrier railroads. The consent of the public agency in charge of such state highway or other public highway or roadway or appurtenance is not required; except that if the council seeks to use a designated parkway for regular route service in the city of Minneapolis, it must obtain permission from and is subject to reasonable limitations imposed by a joint board consisting of two representatives from the council, two members of the board of park commissioners, and a fifth member jointly selected by the other members of the board. If the use is a designated Minneapolis parkway for regular route service adjacent to the city of Minneapolis, it must obtain permission from and is subject to reasonable limitations imposed by a joint board consisting of two representatives from the council, two members of the board of park commissioners, and a fifth member jointly selected by other members of the board. The joint board must include a nonvoting member appointed by the council of the city in which the parkway is located.

The board of park commissioners and the council may designate persons to sit on the joint board. In considering a request by the council to use designated parkways for additional routes or trips, the joint board consisting of the council or their designees, the board of park commissioners or their designees, and the fifth member, shall base its decision to grant or deny the request based on the criteria to be established by the joint board. The decision to grant or deny the request must be made within 45 days of the date of the request. The park board must be notified immediately by the council of any temporary route detours. If the park board objects to the temporary route detours within five days of being notified, the joint board must convene and decide whether to grant the request, otherwise the request is deemed granted. If the agency objects to the proposed use or claims reimbursement from the council for additional cost of maintenance, it may commence an action against the council in the district court of the county wherein the highway, roadway, or appurtenance, or major portion thereof, is located. The proceedings in the action must conform to the Rules of Civil Procedure applicable to the district courts. The court shall sit without jury. If the court determines that the use in question interferes unreasonably with the public use or maintenance of the roadway or appurtenance, it shall enjoin the use by the council. If the court determines that the use in question does not interfere unreasonably with the public use or maintenance of the roadway or appurtenance, but that it entails substantial additional maintenance costs, the court shall award judgment to the agency for the amount of the additional costs. Otherwise the court shall award judgment to the council. An aggrieved party may appeal from the judgment of the district court in the same manner as is provided for such appeals in other civil actions. The council may also use land within the right-of-way of any state highway or other public roadway for the erection of traffic-control devices, other signs, and passenger shelters upon the conditions stated in this subdivision and subject only to the approval of the commissioner of transportation where required by statute, and subject to the express provisions of other applicable statutes and to federal requirements where necessary to qualify for federal aid.

473.4485 METROPOLITAN AREA TRANSIT INVESTMENT.

Subdivision 1.

Definitions.

(a) For purposes of this section, the following terms have the meanings given.

(b) "Busway" means a form of bus service provided to the public on a regular and ongoing basis, including arterial or highway bus rapid transit, that (1) compared to other regular route bus service, provides reduced travel time and uses distinct bus stop or station amenities, and (2) does not primarily or substantially operate within separated rights-of-way.

(c) "Commissioner" means the commissioner of transportation.

(d) "Guideway" means a form of transportation service provided to the public on a regular and ongoing basis that primarily or substantially operates within separated rights-of-way or operates on rails, and includes:

(1) each line for intercity passenger rail, commuter rail, light rail transit, and streetcars;

(2) as applicable, each line for dedicated bus service, which may include arterial or highway bus rapid transit, limited stop bus service, and express bus service; and

(3) any intermodal facility serving two or more lines identified in clauses (1) and (2).

Guideway does not include a busway.

(e) "Local unit of government" means a county, statutory or home rule charter city, town, or other political subdivision including, but not limited to, a regional railroad authority or joint powers board.

(f) "Separated rights-of-way" includes exclusive, dedicated, or primary use of a right-of-way by the public transportation service. Separated rights-of-way does not include a shoulder, dynamic shoulder lane, or priced lane under section 160.93.

(g) "Sources of funds" includes, but is not limited to, money from federal aid, state appropriations, the Metropolitan Council, special taxing districts, local units of government, farebox recovery, and nonpublic sources.

(h) "Budget activity" includes, but is not limited to, environmental analysis, land acquisition, easements, design, preliminary and final engineering, acquisition of vehicles and rolling stock, track improvement and rehabilitation, and construction.

Subd. 1a.

Guideway capital project requests to legislature.

A state agency or local unit of government that submits a request to the legislature to obtain state funds for a guideway project shall, as part of the request, provide a summary financial plan for the project that presents the following information as reflected by the data and level of detail available in the latest phase of project development:

(1) capital expenditures and funding sources for the project, including expenditures to date and total projected or estimated expenditures, with a breakdown by committed and proposed sources of funds; and

(2) estimated annual operations and maintenance expenditures for the project, with a breakdown by committed and proposed sources of funds.

Subd. 2.

Legislative report.

(a) By October 15 in every even-numbered year, the council must prepare, in collaboration with the commissioner, a report on comprehensive transit finance in the metropolitan area. The council must submit the report electronically to the chairs and ranking minority members of the legislative committees with jurisdiction over transportation policy and finance.

(b) The report must be structured to provide financial information in six-month increments corresponding to state and local fiscal years, and must use consistent assumptions and methodologies. The report must comprehensively identify all funding sources and expenditures related to transit in the metropolitan area, including but not limited to:

(1) sources and uses of funds from regional railroad authorities, joint powers agreements, counties, and cities;

(2) expenditures for transit planning, feasibility studies, alternatives analysis, and other transit project development; and

(3) expenditures for guideways, busways, regular route bus service, demand-response service, and special transportation service under section 473.386.

(c) The report must include a section that summarizes the status of (1) guideways in revenue operation, and (2) guideway projects (i) currently in study, planning, development, or construction; (ii) identified in the transportation policy plan under section 473.146; or (iii) identified in the comprehensive statewide freight and passenger rail plan under section 174.03, subdivision 1b.

(d) At a minimum, the guideways status section of the report must provide for each guideway project wholly or partially in the metropolitan area:

(1) a brief description of the project, including projected ridership;

(2) a summary of the overall status and current phase of the project;

(3) a timeline that includes (i) project phases or milestones, including any federal approvals; (ii) expected and known dates of commencement of each phase or milestone; and (iii) expected and known dates of completion of each phase or milestone;

(4) a brief progress update on specific project phases or milestones completed since the last previous submission of a report under this subdivision; and

(5) a summary financial plan that identifies, as reflected by the data and level of detail available in the latest phase of project development and to the extent available:

(i) capital expenditures, including expenditures to date and total projected expenditures, with a breakdown by committed and proposed sources of funds for the project;

(ii) estimated annual operations and maintenance expenditures reflecting the level of detail available in the current phase of the project development, with a breakdown by committed and proposed sources of funds for the project; and

(iii) if feasible, project expenditures by budget activity.

(e) The report must include a section that summarizes the status of (1) busways in revenue operation, and (2) busway projects currently in study, planning, development, or construction.

(f) The report must include a section that identifies the total ridership, farebox recovery ratio, and per-passenger operating subsidy for (1) each route and line in revenue operation by a transit provider, including guideways, busways, and regular route bus service; and (2) demand-response service and special transportation service. The section must provide data, as available on a per-passenger mile basis and must provide information for at least the previous three years. The section must identify performance standards for farebox recovery and identify each route and line that does not meet the standards.

(g) The report must also include a systemwide capacity analysis for transit operations and investment in expansion and maintenance that:

(1) provides a funding projection, annually over the ensuing ten years, and with a breakdown by committed and proposed sources of funds, of:

(i) total capital expenditures for guideways and for busways;

(ii) total operations and maintenance expenditures for guideways and for busways;

(iii) total funding available for guideways and for busways, including from projected or estimated farebox recovery; and

(iv) total funding available for transit service in the metropolitan area; and

(2) evaluates the availability of funds and distribution of sources of funds for guideway and for busway investments.

(h) The capacity analysis under paragraph (g) must include all guideway and busway lines for which public funds are reasonably expected to be expended in planning, development, construction, revenue operation, or capital maintenance during the ensuing ten years.

(i) Local units of government must provide assistance and information in a timely manner as requested by the commissioner or council for completion of the report.