SF 3105

1st Engrossment - 86th Legislature (2009 - 2010) Posted on 04/15/2010 12:00pm

A bill for an act
relating to transportation; establishing requirements governing capital requests
and legislative reporting for projects to establish fixed guideway transit and
rail lines; amending Minnesota Statutes 2008, section 16A.11, subdivision 3a;
Minnesota Statutes 2009 Supplement, section 16A.86, subdivision 3a; proposing
coding for new law in Minnesota Statutes, chapter 174.

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

Section 1.

Minnesota Statutes 2008, section 16A.11, subdivision 3a, is amended to read:

Subd. 3a.

Part three: detailed capital budget.

The detailed capital budget must
include recommendations for capital projects to be funded during the next six fiscal
years new text begin , and must meet the requirements under section 174.93, subdivision 2 new text end . It must be
submitted with projects recommended by the governor and in order of importance among
that agency's requests as determined by the agency originating the request.

Sec. 2.

Minnesota Statutes 2009 Supplement, section 16A.86, subdivision 3a, is
amended to read:

Subd. 3a.

Information provided.

All requests for state assistance under this section
must include the following information:

(1) the name of the political subdivision that will own the capital project for which
state assistance is being requested;

(2) the public purpose of the project;

(3) the extent to which the political subdivision has or expects to provide local,
private, user financing, or other nonstate funding for the project;

(4) a list of the bondable activities that the project encompasses; examples of
bondable activities are public improvements of a capital nature for land acquisition,
predesign, design, construction, and furnishing and equipping for occupancy;

(5) whether the project will require new or additional state operating subsidies;

(6) whether the governing body of the political subdivision requesting the project
has passed a resolution in support of the project and has established priorities for all
projects within its jurisdiction for which bonding appropriations are requested when
submitting multiple requests; deleted text begin and
deleted text end

(7) if the project requires a predesign under section 16B.335, whether the predesign
has been completed at the time the capital project request is submitted, and whether
the political subdivision has submitted the project predesign to the commissioner of
administration for review and approval new text begin ; and
new text end

new text begin (8) if applicable, the information required under section 174.93, subdivision 2 new text end .

Sec. 3.

new text begin [174.93] GUIDEWAYS; INVESTMENT CAPACITY.
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 (1) "commissioner" means the commissioner of transportation;
new text end

new text begin (2) "guideway" means a form of transportation service provided to the public on a
regular and ongoing basis, that operates on exclusive or controlled rights-of-way or rails
in whole or in part, and includes each line for intercity passenger rail, commuter rail, light
rail transit, streetcars, and bus rapid transit; and
new text end

new text begin (3) "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 (b) For purposes of this section, "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, fare box recovery, and nonpublic sources.
new text end

new text begin (c) For purposes of this section, "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 Subd. 2. new text end

new text begin 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 that presents the
following information reflecting the level of detail available in the current phase of project
development:
new text end

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

new text begin Subd. 3. new text end

new text begin Legislative report. new text end

new text begin (a) By November 15 in every odd-numbered year, the
commissioner shall prepare, in collaboration with the Metropolitan Council, and submit
a report to the chairs and ranking minority members of the house of representatives and
senate committees with jurisdiction over transportation policy and finance concerning the
status of guideway projects (1) currently in study, planning, development, or construction;
(2) identified in the transportation policy plan under section 473.146; or (3) identified
in the comprehensive statewide freight and passenger rail plan under section 174.03,
subdivision 1b.
new text end

new text begin (b) At a minimum, the report must include, for each guideway project:
new text end

new text begin (1) a brief description of the project;
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, (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, 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, with a breakdown by
committed and proposed sources of funds for the project; and
new text end

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

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

new text begin (1) provides a projection, annually over the ensuing 20 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;
new text end

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

new text begin (iii) total funding available for guideways; 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 investments.
new text end

new text begin (d) The projection under paragraph (c), clause (1), must be for all guideway lines
for which state funds are reasonably expected to be expended in planning, development,
construction, or revenue operation during the ensuing 20 years.
new text end

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