SF 3859

as introduced - 92nd Legislature (2021 - 2022) Posted on 03/10/2022 09:15am

A bill for an act
relating to transit; requiring municipal approval of guideway plans; allowing
municipalities to revoke approval; prohibiting requesting federal funds until
municipal approval is received; proposing coding for new law in Minnesota
Statutes, chapter 473.

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

Section 1.

new text begin [473.4486] MUNICIPAL APPROVAL OF GUIDEWAY PLANS.
new text end

new text begin Subdivision 1. new text end

new text begin Application. new text end

new text begin "Guideway" has the meaning given in section 473.4485,
subdivision 1, paragraph (d), except that this section does not apply to light rail transit.
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 guideway in the metropolitan area, the council must hold a public hearing
on the physical design component of the preliminary design plans. The council 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 council must 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 council must 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
must hold a public hearing. Within 45 days after the hearing under subdivision 2, the city,
county, or town must 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 must
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 an approval unless an extension of time is agreed to
by the city, county, or town and the council.
new text end

new text begin Subd. 4. new text end

new text begin Preliminary design plans; council 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 council must hold a hearing on the plans, giving any
disapproving local governmental units and other persons an opportunity to present their
views on the plans. The council 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 council must review the plans and must 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.
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; or shelters or stops,
before beginning construction, the council must submit the changed component of the final
design plans to the governing body of each statutory and home rule charter 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 must review and approve or disapprove
the changed component located in the city, county, or town. A local unit of government that
disapproves the change must 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 an approval, unless an
extension is agreed to by the city, county, or town.
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 council must 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 Revocation. new text end

new text begin A city, county, or town that has approved the plan as provided by
this section may revoke its approval of the plan at any point prior to the council securing
federal funding for the project. The city, county, or town must notify the council of the
revocation. Upon receipt of the notification, the council must 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. 7. new text end

new text begin Prohibition. new text end

new text begin The council must not apply for or request any federal funds for a
guideway project until each city, county, or town in which the route is proposed to be located
has approved of the plan as provided by this section.
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