SF 1822

as introduced - 90th Legislature (2017 - 2018) Posted on 03/07/2017 09:29am

A bill for an act
relating to metropolitan government; transferring all long-range transportation
planning functions from the Metropolitan Council to the Department of
Transportation; amending Minnesota Statutes 2016, sections 174.03, by adding a
subdivision; 473.145; 473.146; 473.1466; 473.166; 473.167, subdivision 2; 473.168,
subdivision 2; 473.181, subdivision 5; 473.192, subdivision 2; 473.375, subdivision
9a.

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

Section 1.

Minnesota Statutes 2016, section 174.03, is amended by adding a subdivision
to read:

new text begin Subd. 1e. new text end

new text begin Metropolitan area long-range transportation policy plan; transportation
planning duties. new text end

new text begin As soon as practicable after the effective date of this section, the
commissioner shall adopt a long-range transportation policy plan for the metropolitan area.
The commissioner shall periodically update the plan and is responsible for any other
transportation planning activities, as provided in chapter 473. "Metropolitan area" means
the area defined in section 473.121, subdivision 2.
new text end

new text begin EFFECTIVE DATE; APPLICATION. new text end

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

Sec. 2.

Minnesota Statutes 2016, 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, deleted text begin the necessity for and location of
airports, highways, transit facilities, deleted text end public hospitals, libraries, schools, and other public
buildings. new text begin The Metropolitan Development Guide shall include the long-range transportation
policy plan for the metropolitan area adopted by the commissioner of transportation under
section 473.146, and any other plans and policies developed by the commissioner of
transportation relating to the necessity for and location of airports, highways, and transit
facilities in the metropolitan area. For the purposes of this chapter, the transportation policy
plan adopted by the commissioner of transportation is deemed the plan adopted by the
council.
new text end

new text begin EFFECTIVE DATE; APPLICATION. new text end

new text begin This section is effective the day following
final enactment and applies to transportation policy plans for the metropolitan area adopted
by the commissioner of transportation on or after that date. This section applies in the
counties of Anoka, Carver, Dakota, Hennepin, Ramsey, Scott, and Washington.
new text end

Sec. 3.

Minnesota Statutes 2016, section 473.146, is amended to read:

473.146 POLICY PLANS FOR METROPOLITAN AGENCIES.

Subdivision 1.

Requirement.

The deleted text begin council deleted text end new text begin commissioner of transportation new text end shall adopt
a long-range comprehensive policy plan for transportation and new text begin the council shall adopt a
long-range comprehensive policy plan for new text end wastewater treatment. The plans must substantially
conform to all policy statements, purposes, goals, standards, and maps in the development
guide developed and adopted by the new text begin commissioner and the new text end council under this chapter. Each
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 new text begin commissioner's and the new text end 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 new text begin commissioner's and the new text end 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 new text begin commissioner's and the new text end council's goals,
objectives, and priorities;

(5) a statement of the fiscal implications of the new text begin commissioner's and the new text end council's deleted text begin plan deleted text end new text begin
plans new text end , 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
new text begin commissioner's and the new text end 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 new text begin commissioner or the new text end 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.

Subd. 3.

Development guide: transportation.

The transportation chapter new text begin developed
and adopted by the commissioner of transportation new text end 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 deleted text begin council deleted text end new text begin commissioner of transportation new text end 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 deleted text begin council deleted text end new text begin commissioner of transportation new text end shall also take into consideration
the airport development and operations plans and activities of the commission. deleted text begin The council
shall transmit the results to the state Department of Transportation.
deleted text end

Subd. 4.

Transportation planning.

(a) The deleted text begin Metropolitan Council deleted text end new text begin Transportation
Advisory Board established in this subdivision new text end 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 deleted text begin council deleted text end new text begin
commissioner of transportation new text end shall assure administration and coordination of transportation
planning with appropriate state, regional and other agencies, counties, and municipalities.

(b) The deleted text begin council shall establish an deleted text end new text begin Transportation new text end Advisory deleted text begin body deleted text end new text begin Board new text end consisting of
citizens and representatives of municipalities, counties, and state agencies in fulfillment of
the new text begin metropolitan new text end planning new text begin organization's new text end responsibilities deleted text begin of the council deleted text end . The deleted text begin membership
of the advisory body must consist deleted text end new text begin Transportation Advisory Board consists new text end 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 deleted text begin council deleted text end new text begin commissioner of transportation new text end shall appoint a chair from among the
members of the advisory body.

new text begin EFFECTIVE DATE; APPLICATION. new text end

new text begin This section is effective the day following
final enactment and applies to transportation policy plans for the metropolitan area adopted
by the commissioner of transportation on or after that date. This section applies in the
counties of Anoka, Carver, Dakota, Hennepin, Ramsey, Scott, and Washington.
new text end

Sec. 4.

Minnesota Statutes 2016, section 473.1466, is amended to read:

473.1466 TRANSPORTATION SYSTEM PERFORMANCE EVALUATION.

(a) Prior to each major revision of the transportation policy plan, the deleted text begin council deleted text end new text begin
commissioner of transportation new text end 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 deleted text begin council deleted text end new text begin commissioner of transportation new text end must update the evaluation of the regional
transit system every two years.

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

(e) The deleted text begin council deleted text end new text begin commissioner of transportation new text end 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.

new text begin EFFECTIVE DATE; APPLICATION. new text end

new text begin This section is effective the day following
final enactment and applies to transportation policy plans for the metropolitan area adopted
by the commissioner of transportation on or after that date. This section applies in the
counties of Anoka, Carver, Dakota, Hennepin, Ramsey, Scott, and Washington.
new text end

Sec. 5.

Minnesota Statutes 2016, section 473.166, is amended to read:

473.166 CONTROLLED ACCESS; APPROVAL.

Before acquiring land for or constructing a controlled access highway in the area, the
state Transportation Department or local government unit proposing the acquisition or
construction shall submit to the deleted text begin council deleted text end new text begin commissioner of transportation new text end a statement describing
the proposed project. The statement must be in the form and detail required by the deleted text begin council deleted text end new text begin
commissioner new text end . The deleted text begin council deleted text end new text begin commissioner new text end shall review the statement to ascertain its
consistency with deleted text begin its deleted text end new text begin the commissioner's long-range comprehensive transportation new text end policy
plan new text begin for the metropolitan area new text end and the development guide. No project may be undertaken
unless the deleted text begin council deleted text end new text begin commissioner new text end determines that it is consistent with the policy plan. This
approval is in addition to the requirements of any other statute, ordinance new text begin , new text end or rule.

new text begin EFFECTIVE DATE; APPLICATION. new text end

new text begin This section is effective the day following
final enactment and applies to transportation policy plans for the metropolitan area adopted
by the commissioner of transportation on or after that date. This section applies in the
counties of Anoka, Carver, Dakota, Hennepin, Ramsey, Scott, and Washington.
new text end

Sec. 6.

Minnesota Statutes 2016, section 473.167, subdivision 2, is amended to read:

Subd. 2.

Loans for acquisition.

(a) The council may make loans to counties, towns,
and statutory and home rule charter cities within the metropolitan area for the purchase of
property within the right-of-way of a state trunk highway shown on an official map adopted
pursuant to section 394.361 or 462.359 or for the purchase of property within the proposed
right-of-way of a principal or intermediate arterial highway designated by the deleted text begin council deleted text end new text begin
commissioner of transportation new text end as a part of the metropolitan highway system plan and
approved by the deleted text begin council pursuant to section 473.166 deleted text end new text begin commissioner of transportation new text end . The
loans shall be made by the council, from the fund established pursuant to this subdivision,
for purchases approved by the deleted text begin council deleted text end new text begin commissioner of transportation new text end . The loans shall bear
no interest.

(b) The deleted text begin council deleted text end new text begin commissioner of transportation new text end shall deleted text begin make deleted text end new text begin approve new text end loans only:

(1) to accelerate the acquisition of primarily undeveloped property when there is a
reasonable probability that the property will increase in value before highway construction,
and to update an expired environmental impact statement on a project for which the
right-of-way is being purchased;

(2) to avert the imminent conversion or the granting of approvals which would allow
the conversion of property to uses which would jeopardize its availability for highway
construction;

(3) to advance planning and environmental activities on highest priority major
metropolitan river crossing projects, under the deleted text begin transportation deleted text end new text begin Metropolitan new text end Development
Guide chapter deleted text begin / deleted text end new text begin on transportation and the commissioner's long-range comprehensive
transportation new text end policy plan new text begin for the metropolitan area new text end ; or

(4) to take advantage of open market opportunities when developed properties become
available for sale, provided all parties involved are agreeable to the sale and funds are
available.

(c) The deleted text begin council deleted text end new text begin commissioner of transportation new text end shall not deleted text begin make deleted text end new text begin approve new text end loans for the
purchase of property at a price which exceeds the fair market value of the property or which
includes the costs of relocating or moving persons or property. The eminent domain process
may be used to settle differences of opinion as to fair market value, provided all parties
agree to the process.

(d) A private property owner may elect to receive the purchase price either in a lump
sum or in not more than four annual installments without interest on the deferred installments.
If the purchase agreement provides for installment payments, the council shall make the
loan in installments corresponding to those in the purchase agreement. The recipient of an
acquisition loan shall convey the property for the construction of the highway at the same
price which the recipient paid for the property. The price may include the costs of preparing
environmental documents that were required for the acquisition and that were paid for with
money that the recipient received from the loan fund. Upon notification by the deleted text begin council deleted text end new text begin
commissioner of transportation new text end that the plan to construct the highway has been abandoned
or the anticipated location of the highway changed, the recipient shall sell the property at
market value in accordance with the procedures required for the disposition of the property.
All rents and other money received because of the recipient's ownership of the property and
all proceeds from the conveyance or sale of the property shall be paid to the council. If a
recipient is not permitted to include in the conveyance price the cost of preparing
environmental documents that were required for the acquisition, then the recipient is not
required to repay the council an amount equal to 40 percent of the money received from
the loan fund and spent in preparing the environmental documents.

(e) The proceeds of the tax authorized by subdivision 3, all money paid to the council
by recipients of loans, and all interest on the proceeds and payments shall be maintained as
a separate fund. For administration of the loan program, the council may expend from the
fund each year an amount no greater than three percent of the amount of the proceeds for
that year.

new text begin EFFECTIVE DATE; APPLICATION. new text end

new text begin This section is effective the day following
final enactment and applies to transportation policy plans for the metropolitan area adopted
by the commissioner of transportation on or after that date. This section applies in the
counties of Anoka, Carver, Dakota, Hennepin, Ramsey, Scott, and Washington.
new text end

Sec. 7.

Minnesota Statutes 2016, section 473.168, subdivision 2, is amended to read:

Subd. 2.

Exclusive lanes; multipassenger transit.

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

new text begin EFFECTIVE DATE; APPLICATION. new text end

new text begin This section is effective the day following
final enactment and applies to transportation policy plans for the metropolitan area adopted
by the commissioner of transportation on or after that date. This section applies in the
counties of Anoka, Carver, Dakota, Hennepin, Ramsey, Scott, and Washington.
new text end

Sec. 8.

Minnesota Statutes 2016, section 473.181, subdivision 5, is amended to read:

Subd. 5.

Airports.

The deleted text begin council deleted text end new text begin commissioner of transportation new text end shall review Metropolitan
Airports Commission capital projects pursuant to section 473.621, subdivision 6. The plans
of the Metropolitan Airports Commission and the development of the metropolitan airports
system by the commission shall, as provided in sections 473.611, subdivision 5, and 473.655,
be consistent with the development guide of the council new text begin and the transportation policy plan
adopted by the commissioner of transportation new text end .

new text begin EFFECTIVE DATE; APPLICATION. new text end

new text begin This section is effective the day following
final enactment and applies to transportation policy plans for the metropolitan area adopted
by the commissioner of transportation on or after that date. This section applies in the
counties of Anoka, Carver, Dakota, Hennepin, Ramsey, Scott, and Washington.
new text end

Sec. 9.

Minnesota Statutes 2016, 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 deleted text begin Metropolitan Council deleted text end new text begin commissioner of transportation new text end pursuant to section
473.145. "Municipality" has the meaning provided by section 462.352, subdivision 2.

new text begin EFFECTIVE DATE; APPLICATION. new text end

new text begin This section is effective the day following
final enactment and applies to transportation policy plans for the metropolitan area adopted
by the commissioner of transportation on or after that date. This section applies in the
counties of Anoka, Carver, Dakota, Hennepin, Ramsey, Scott, and Washington.
new text end

Sec. 10.

Minnesota Statutes 2016, section 473.375, subdivision 9a, is amended to read:

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 new text begin and commissioner of transportation new text end 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.

new text begin EFFECTIVE DATE; APPLICATION. new text end

new text begin This section is effective the day following
final enactment and applies to transportation policy plans for the metropolitan area adopted
by the commissioner of transportation on or after that date. This section applies in the
counties of Anoka, Carver, Dakota, Hennepin, Ramsey, Scott, and Washington.
new text end