HF 3718

as introduced - 92nd Legislature (2021 - 2022) Posted on 02/24/2022 02:06pm

A bill for an act
relating to transit; taxes; providing for universal transit mobility implementation;
amending various requirements governing transit in the metropolitan area; amending
certain comprehensive planning requirements; authorizing certain property tax
levies; authorizing sale and issuance of bonds; amending allocation requirements
for the county transportation sales and use tax; amending Minnesota Statutes 2020,
sections 297A.993, by adding a subdivision; 473.121, by adding a subdivision;
473.13, subdivision 1; 473.146, subdivision 3; 473.175, subdivision 1; 473.371,
subdivision 2; 473.375, by adding a subdivision; 473.39, by adding a subdivision;
473.391, subdivision 2; 473.446, subdivision 1; 473.859, subdivision 1; Minnesota
Statutes 2021 Supplement, section 297A.993, subdivision 2; proposing coding for
new law in Minnesota Statutes, chapter 473.

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

Section 1.

Minnesota Statutes 2021 Supplement, section 297A.993, subdivision 2, is
amended to read:

Subd. 2.

Allocation; termination.

new text begin (a) new text end The proceeds of the taxes must be dedicated
exclusively to: (1) payment of the capital cost of a specific transportation project or
improvement; (2) payment of the costs, which may include both capital and operating costs,
of a specific transit project or improvement; (3) payment of the capital costs of a safe routes
to school program under section 174.40; (4) payment of transit operating costs; deleted text begin or deleted text end (5)
payment of the capital cost of constructing buildings and other facilities for maintaining
transportation or transit projects or improvements new text begin ; or (6) allocation as provided in paragraph
(b) new text end . The transportation or transit project or improvement must be designated by the board
of the county, or more than one county acting under a joint powers agreement.

new text begin (b) A county that contains any portion of the transit taxing district, as determined under
sections 473.446 and 473.4461, must distribute any available proceeds to the Metropolitan
Council for universal transit mobility implementation as provided under section 473.378.
For purposes of this paragraph, "available proceeds" means the proceeds of the taxes imposed
by the county under this section, less (1) any annual amount necessary to pay debt service
on bonds, notes, or other obligations issued under subdivision 4, and (2) any amount allocated
to a transit project or transit operations that is in conformance with universal transit mobility
implementation, as determined by the Metropolitan Council.
new text end

new text begin (c) new text end Except for taxes for operating costs of a transit project or improvement, or for transit
operations, the taxes must terminate when revenues raised are sufficient to finance the
project. Nothing in this subdivision prohibits the exclusive dedication of the proceeds of
the taxes to payments for more than one project or improvement. After a public hearing a
county may, by resolution, dedicate the proceeds of the tax for a new enumerated project.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective January 1, 2023, and applies for taxes
collected on or after that date.
new text end

Sec. 2.

Minnesota Statutes 2020, section 297A.993, is amended by adding a subdivision
to read:

new text begin Subd. 5. new text end

new text begin Limitation. new text end

new text begin On or after the effective date of this section, a county that contains
any portion of the transit taxing district, as determined under sections 473.446 and 473.4461,
may only exercise the authority under subdivision 4 following a resolution adopted by the
Metropolitan Council that specifically authorizes the action.
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. 3.

Minnesota Statutes 2020, section 473.121, is amended by adding a subdivision to
read:

new text begin Subd. 37. new text end

new text begin Universal transit mobility. new text end

new text begin "Universal transit mobility" means a public
transportation service structure that enables any person who is within the transit taxing
district to reach any other location within the transit taxing district in a reasonable amount
of time using the public transit system. For purposes of this subdivision, "transit taxing
district" means the geographic area established under sections 473.446 and 473.4461.
new text end

new text begin APPLICATION. new text end

new text begin This section applies in the counties of Anoka, Carver, Dakota,
Hennepin, Ramsey, Scott, and Washington.
new text end

Sec. 4.

Minnesota Statutes 2020, section 473.13, subdivision 1, is amended to read:

Subdivision 1.

Budget.

(a) On or before December 20 of each year, the council shall
adopt a final budget covering its anticipated receipts and disbursements for the ensuing year
and shall decide upon the total amount necessary to be raised from ad valorem tax levies
to meet its budget. The budget shall state in detail the expenditures for each program to be
undertaken, including the expenses for salaries, consultant services, overhead, travel, printing,
and other items. The budget shall state in detail the capital expenditures of the council for
the budget year, based on a five-year capital program adopted by the council and transmitted
to the legislature. After adoption of the budget and no later than five working days after
December 20, the council shall certify to the auditor of each metropolitan county the share
of the tax to be levied within that county, which must be an amount bearing the same
proportion to the total levy agreed on by the council as the net tax capacity of the county
bears to the net tax capacity of the metropolitan area. The maximum amount of any levy
made for the purpose of this chapter may not exceed the limits set by the statute authorizing
the levy.

(b) Each even-numbered year the council shall prepare for its transit programs a financial
plan for the succeeding three calendar years, in half-year segments. The financial plan must
contain schedules of user charges and any changes in user charges planned or anticipated
by the council during the period of the plan. The financial plan must contain a proposed
request for state financial assistance for the succeeding biennium.

(c) In addition, the budget must show for each year:

(1) the estimated operating revenues from all sources including funds on hand at the
beginning of the year, and estimated expenditures for costs of operation, administration,
maintenance, and debt service;

(2) capital improvement funds estimated to be on hand at the beginning of the year and
estimated to be received during the year from all sources and estimated cost of capital
improvements to be paid out or expended during the year, all in such detail and form as the
council may prescribe; deleted text begin and
deleted text end

(3) the estimated source and use of pass-through funds deleted text begin . deleted text end new text begin ; and
new text end

new text begin (4) a subcategory breakout of operating revenues and operating and capital expenditures
for universal transit mobility implementation under section 473.378.
new text end

new text begin APPLICATION. new text end

new text begin This section applies in the counties of Anoka, Carver, Dakota,
Hennepin, Ramsey, Scott, and Washington.
new text end

Sec. 5.

Minnesota Statutes 2020, section 473.146, subdivision 3, is amended to read:

Subd. 3.

deleted text begin Development guide; deleted text end Transportation new text begin policy plan new text end .

new text begin (a) new text end The transportation
deleted text begin chapter deleted text end new text begin policy plan new text end must new text begin :
new text end

new text begin (1) new text end include policies relating to all transportation forms deleted text begin and deleted text end new text begin ;
new text end

new text begin (2) new text end be designed to promote the legislative determinations, policies, and goals set forth
in section 473.371 deleted text begin . deleted text end new text begin ; and
new text end

new text begin (3) incorporate universal transit mobility implementation as provided under section
473.378.
new text end

new text begin (b) new text end In addition to the requirements of subdivision 1 regarding the contents of the policy
plan, the nontransit deleted text begin element deleted text end new text begin components new text end of the transportation deleted text begin chapter deleted text end new text begin policy plan new text end 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.

new text begin (c) new text end The council shall develop the nontransit deleted text begin element deleted text end new text begin components under paragraph (b) new text end
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.

new text begin APPLICATION. new text end

new text begin This section applies in the counties of Anoka, Carver, Dakota,
Hennepin, Ramsey, Scott, and Washington.
new text end

Sec. 6.

Minnesota Statutes 2020, section 473.175, subdivision 1, is amended to read:

Subdivision 1.

For compatibility, conformity.

The council shall review the
comprehensive plans of local governmental units, prepared and submitted pursuant to
sections 473.851 to 473.871, to determine their compatibility with each other and conformity
with metropolitan system plans. The council shall review and comment on the apparent
consistency of the comprehensive plans with adopted plans of the council. new text begin The council must
also review and comment on the viability of recommendations contained in a comprehensive
plan under section 473.859, subdivision 1, paragraph (c), and whether such recommendations
will be further considered and implemented by the council to achieve universal transit
mobility. new text end The council may require a local governmental unit to modify any comprehensive
plan or part thereof if, upon the adoption of findings and a resolution, the council concludes
that the plan is more likely than not to have a substantial impact on or contain a substantial
departure from metropolitan system plans. A local unit of government may challenge a
council action under this subdivision by following the procedures set forth in section 473.866.

new text begin APPLICATION. new text end

new text begin This section applies in the counties of Anoka, Carver, Dakota,
Hennepin, Ramsey, Scott, and Washington.
new text end

Sec. 7.

Minnesota Statutes 2020, section 473.371, subdivision 2, is amended to read:

Subd. 2.

Goals.

The goals of sections 473.371 to deleted text begin 473.449 deleted text end new text begin 473.452 new text end are deleted text begin as follows deleted text end new text begin to new text end :

deleted text begin (a) to deleted text end new text begin (1) new text end provide, to the greatest feasible extent, a basic level of mobility for all people
in the metropolitan area new text begin and an essential public service for people in the metropolitan area
who are unable to reasonably arrange transportation by other modes new text end ;

deleted text begin (b) to deleted text end new text begin (2) new text end 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;

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

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

new text begin (5) reduce the number of passenger vehicles on streets and highways;
new text end

new text begin (6) reduce the number of injuries and fatalities related to motor vehicles;
new text end

new text begin (7) reduce emissions that are harmful to public health and the environment, including
reduction in greenhouse gas emissions and particulates;
new text end

new text begin (8) contribute to social equity throughout the metropolitan area and across social and
economic boundaries;
new text end

new text begin (9) increase access to jobs and services throughout the metropolitan area;
new text end

new text begin (10) support and promote economic development; and
new text end

new text begin (11) enhance competitiveness with peer regions throughout the United States new text end .

new text begin APPLICATION. new text end

new text begin This section applies in the counties of Anoka, Carver, Dakota,
Hennepin, Ramsey, Scott, and Washington.
new text end

Sec. 8.

Minnesota Statutes 2020, section 473.375, is amended by adding a subdivision to
read:

new text begin Subd. 1a. new text end

new text begin General powers and responsibility. new text end

new text begin Subject to the requirements of this
chapter, the council is responsible for planning, developing, constructing, operating, and
maintaining transit service and transit facilities in the metropolitan area.
new text end

new text begin APPLICATION. new text end

new text begin This section applies in the counties of Anoka, Carver, Dakota,
Hennepin, Ramsey, Scott, and Washington.
new text end

Sec. 9.

new text begin [473.378] TRANSIT SYSTEM DESIGN.
new text end

new text begin Subdivision 1. new text end

new text begin Universal transit mobility 2050 goal. new text end

new text begin The council must implement a
transit system design that includes a goal of obtaining full universal transit mobility by
2050.
new text end

new text begin Subd. 2. new text end

new text begin Standards. new text end

new text begin The council must adopt standards for universal transit mobility that
include:
new text end

new text begin (1) system design or operating standards that address distances between transit stations,
bus stops, and other passenger facilities; average route speeds; capacity; and scalability;
new text end

new text begin (2) policies and procedures that address administrative and operational cybersecurity;
new text end

new text begin (3) performance measures to evaluate progress and the achievement of full
implementation; and
new text end

new text begin (4) evaluations based on transit service availability, frequency, capacity, distance, and
safety.
new text end

new text begin Subd. 3. new text end

new text begin Implementation requirements. new text end

new text begin In implementing universal transit mobility,
the council must:
new text end

new text begin (1) undertake a general transit system redesign that is not a hub-and-spoke transit service
model primarily focused on the central business districts in Minneapolis and St. Paul;
new text end

new text begin (2) by ......., adopt a system redesign plan that identifies changes and additions to transit
service modes, routes, networks, and facilities that are necessary to achieve universal transit
mobility, including as appropriate an integrated network of commuter rail, light rail transit,
highway and arterial bus rapid transit, express or commuter bus, dedicated busways, regular
route bus, park-and-ride facilities, and associated facilities;
new text end

new text begin (3) address transit system scalability and durability in a manner that accounts for
long-term growth and development of cities and counties in the metropolitan area;
new text end

new text begin (4) identify methods to provide first-mile and last-mile mobility improvements, which
must include consideration and evaluation of:
new text end

new text begin (i) impediments to pedestrian access to transit stations, transit shelters, and stops in
inclement weather;
new text end

new text begin (ii) door-to-door access to destinations for persons with disabilities and persons with
limited physical mobility; and
new text end

new text begin (iii) integration of transit stops and stations with alternative forms of transportation,
including rideshare, active transportation modes, and autonomous vehicles;
new text end

new text begin (5) coordinate and integrate transit service with social and mental health services provided
by counties, cities, and private entities;
new text end

new text begin (6) account for opportunities to support mixed-use and transit-oriented development;
new text end

new text begin (7) account for opportunities to perform advanced acquisition of rights-of-way and
property;
new text end

new text begin (8) seek to maximize receipt of federal funds; and
new text end

new text begin (9) ensure regional balance in transit investment and service levels in a manner that first
prioritizes balance between the eastern and western regions of the metropolitan area and
next prioritizes balance between northern and southern regions of the metropolitan area.
new text end

new text begin Subd. 4. new text end

new text begin Stakeholder process. new text end

new text begin The council must incorporate a stakeholder process for
universal transit mobility that includes:
new text end

new text begin (1) holding hearings and gathering input from the general public;
new text end

new text begin (2) seeking and evaluating input from state agencies, counties, cities, and other political
subdivisions;
new text end

new text begin (3) pursuing consensus-oriented dispute resolution with and among affected local units
of government regarding universal transit mobility projects; and
new text end

new text begin (4) studying and reporting on the implementation process and status.
new text end

new text begin APPLICATION. new text end

new text begin This section applies in the counties of Anoka, Carver, Dakota,
Hennepin, Ramsey, Scott, and Washington.
new text end

Sec. 10.

Minnesota Statutes 2020, section 473.39, is amended by adding a subdivision to
read:

new text begin Subd. 1x. new text end

new text begin Obligations; universal transit mobility. new text end

new text begin In addition to other authority in this
section, the council may issue certificates of indebtedness, bonds, or other obligations under
this section in an amount not exceeding $....... annually for capital expenditures to implement
universal transit mobility under section 473.378 and for related costs, including the costs
of issuance and sale of the obligations. The authority to issue certificates of indebtedness,
bonds, or other obligations under this subdivision expires December 31, 2042.
new text end

new text begin APPLICATION. new text end

new text begin This section applies in the counties of Anoka, Carver, Dakota,
Hennepin, Ramsey, Scott, and Washington.
new text end

Sec. 11.

Minnesota Statutes 2020, section 473.391, subdivision 2, is amended to read:

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; deleted text begin and
deleted text end

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

new text begin (4) alignment with implementation of universal transit mobility under this section new text end .

new text begin APPLICATION. new text end

new text begin This section applies in the counties of Anoka, Carver, Dakota,
Hennepin, Ramsey, Scott, and Washington.
new text end

Sec. 12.

Minnesota Statutes 2020, section 473.446, subdivision 1, is amended to read:

Subdivision 1.

Metropolitan area transit tax.

(a) For the purposes of sections 473.405
to 473.449 and the metropolitan transit system, except as otherwise provided in this
subdivision, the council shall levy each year upon all taxable property within the metropolitan
area, defined in section 473.121, subdivision 2, a transit tax consisting of:

(1) an amount necessary to provide full and timely payment of certificates of indebtedness,
bonds, including refunding bonds or other obligations issued or to be issued under section
473.39 by the council for purposes of acquisition and betterment of property and other
improvements of a capital nature and to which the council has specifically pledged tax levies
under this clause; deleted text begin and
deleted text end

(2) an additional amount necessary to provide full and timely payment of certificates of
indebtedness issued by the council, after consultation with the commissioner of management
and budget, if revenues to the metropolitan area transit fund in the fiscal year in which the
indebtedness is issued increase over those revenues in the previous fiscal year by a percentage
less than the percentage increase for the same period in the revised Consumer Price Index
for all urban consumers for the St. Paul-Minneapolis metropolitan area prepared by the
United States Department of Labor deleted text begin . deleted text end new text begin ; and
new text end

new text begin (3) an amount necessary to ensure revenue is no less than expenditures as specified in
the budget subcategory for universal transit mobility under section 473.13, subdivision 1,
paragraph (c), clause (4).
new text end

(b) Indebtedness to which property taxes have been pledged under paragraph (a), clause
(2), that is incurred in any fiscal year may not exceed the amount necessary to make up the
difference between (1) the amount that the council received or expects to receive in that
fiscal year from the metropolitan area transit fund and (2) the amount the council received
from that fund in the previous fiscal year multiplied by the percentage increase for the same
period in the revised Consumer Price Index for all urban consumers for the St.
Paul-Minneapolis metropolitan area prepared by the United States Department of Labor.

new text begin (c) The amount under paragraph (a), clause (3), must not exceed $....... for taxes payable
in 2023, and in subsequent years must not exceed (1) the tax levy limitation under this
paragraph for the previous year, multiplied by (2) one plus a percentage equal to the growth
in the implicit price deflator as defined in section 275.70, subdivision 2.
new text end

new text begin APPLICATION. new text end

new text begin This section applies in the counties of Anoka, Carver, Dakota,
Hennepin, Ramsey, Scott, and Washington.
new text end

Sec. 13.

Minnesota Statutes 2020, section 473.859, subdivision 1, is amended to read:

Subdivision 1.

Contents.

new text begin (a) new text end The comprehensive plan shall contain objectives, policies,
standards and programs to guide public and private land use, development, redevelopment
and preservation for all lands and waters within the jurisdiction of the local governmental
unit through 1990 and may extend through any year thereafter which is evenly divisible by
five. Each plan shall specify expected industrial and commercial development, planned
population distribution, and local public facility capacities upon which the plan is based.
Each plan shall contain a discussion of the use of the public facilities specified in the
metropolitan system statement and the effect of the plan on adjacent local governmental
units and affected school districts. Existing plans and official controls may be used in whole
or in part following modification, as necessary, to satisfy the requirements of sections
462.355, 473.175, and 473.851 to 473.871. Each plan may contain an intergovernmental
coordination element that describes how its planned land uses and urban services affect
other communities, adjacent local government units, the region, and the state, and that
includes guidelines for joint planning and decision making with other communities, school
districts, and other jurisdictions for siting public schools, building public facilities, and
sharing public services.

new text begin (b) new text end Each plan may contain an economic development element that identifies types of
mixed use development, expansion facilities for businesses, and methods for developing a
balanced and stable economic base.

new text begin (c) The comprehensive plan must include recommendations regarding mobility and
transportation improvements to further the policy and goals under section 473.371 within
the jurisdiction of the local governmental unit and the metropolitan area generally.
new text end

new text begin (d) new text end The comprehensive plan may contain any additional matter which may be included
in a comprehensive plan of the local governmental unit pursuant to the applicable planning
statute.

new text begin APPLICATION. new text end

new text begin This section applies in the counties of Anoka, Carver, Dakota,
Hennepin, Ramsey, Scott, and Washington.
new text end

Sec. 14. new text begin REVISOR INSTRUCTION.
new text end

new text begin The revisor of statutes must recodify (1) Minnesota Statutes, section 473.391, subdivision
1, as Minnesota Statutes, section 473.384, subdivision 10, and (2) Minnesota Statutes,
section 473.391, subdivision 2, as Minnesota Statutes, section 473.378, subdivision 5. The
revisor must correct any cross-references made necessary by this recodification.
new text end