SF 3435

as introduced - 92nd Legislature (2021 - 2022) Posted on 02/25/2022 10:27am

A bill for an act
relating to transit; requiring the commissioner of transportation to be the responsible
authority for light rail transit projects; requiring the commissioner of transportation
to construct certain transit facilities in the metropolitan area; amending Minnesota
Statutes 2020, sections 473.3994, subdivisions 1a, 4, 7, 9, 14; 473.3995; 473.3997;
473.405, subdivision 4; proposing coding for new law in Minnesota Statutes,
chapter 174.

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

Section 1.

new text begin [174.46] CONSTRUCTION OF NONARTERIAL BUS RAPID TRANSIT
FACILITIES.
new text end

new text begin The commissioner must construct bus rapid transit facilities and infrastructure in the
metropolitan area if a bus rapid transit line will either operate substantially within separated
rights-of-way or has a total estimated construction cost of more than $100,000,000. The
commissioner must ensure any construction project subject to this section is constructed in
compliance with applicable plans and designs adopted by the Metropolitan Council.
new text end

Sec. 2.

Minnesota Statutes 2020, section 473.3994, subdivision 1a, is amended to read:

Subd. 1a.

Designation of responsible authority.

For each proposed light rail transit
facility in the metropolitan area, the governor must designate deleted text begin either the Metropolitan Council
or deleted text end the state of Minnesota acting through the commissioner of transportation as the entity
responsible for planning, designing, acquiring, constructing, and equipping the facility.
deleted text begin Notwithstanding such designation, deleted text end The commissioner deleted text begin and the council deleted text end may enter into one
or more cooperative agreements new text begin with the Metropolitan Council new text end with respect to the planning,
designing, deleted text begin acquiring, constructing, deleted text end 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.

Sec. 3.

Minnesota Statutes 2020, section 473.3994, subdivision 4, is amended to read:

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 deleted text begin , if the responsible authority, deleted text end 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.

Sec. 4.

Minnesota Statutes 2020, section 473.3994, subdivision 7, is amended to read:

Subd. 7.

Council review.

deleted text begin If the commissioner is the responsible authority, deleted text end 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.

Sec. 5.

Minnesota Statutes 2020, section 473.3994, subdivision 9, is amended to read:

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. deleted text begin If the commissioner of
transportation is the responsible authority, deleted text end 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.

Sec. 6.

Minnesota Statutes 2020, section 473.3994, subdivision 14, is amended to read:

Subd. 14.

Transfer of facility after construction.

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

Sec. 7.

Minnesota Statutes 2020, section 473.3995, is amended to read:

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:

deleted text begin (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;
deleted text end

deleted text begin (2) deleted text end new text begin (1) new text end the provisions of section 161.3412, subdivisions 3 and 4, are not applicable to
the procurement; and

deleted text begin (3) deleted text end new text begin (2) new text end 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.

Sec. 8.

Minnesota Statutes 2020, section 473.3997, is amended to read:

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. deleted text begin If the commissioner is the responsible authority, deleted text end 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.

Sec. 9.

Minnesota Statutes 2020, section 473.405, subdivision 4, is amended to read:

Subd. 4.

Transit systems.

new text begin Except as provided by sections 174.46 and 473.3993 to
473.3997, new text end 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.