SF 1866

as introduced - 90th Legislature (2017 - 2018) Posted on 03/08/2017 08:57am

A bill for an act
relating to transportation; establishing various requirements governing passenger
rail; making technical changes; amending Minnesota Statutes 2016, sections
174.634; 174.636, subdivision 4, by adding a subdivision; proposing coding for
new law in Minnesota Statutes, chapter 174.

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

ARTICLE 1

HIGH-SPEED PASSENGER RAIL

Section 1.

new text begin [174.638] HIGH-SPEED PASSENGER RAIL.
new text end

new text begin Subdivision 1. new text end

new text begin Corridor designation required. new text end

new text begin (a) The commissioner and any political
subdivision may expend public funds on high-speed passenger rail only for a corridor or
line as provided under this section.
new text end

new text begin (b) The limitation under paragraph (a) includes expenditures, whether direct or through
grants, for rail corridor investment planning, rail corridor study, feasibility analysis,
alternatives analysis, environmental analysis, design, preliminary or final engineering, other
project development, property acquisition, equipment, construction, operations, and capital
maintenance.
new text end

new text begin Subd. 2. new text end

new text begin River route corridor. new text end

new text begin (a) For the portion of the route in this state, a high-speed
passenger rail line connecting Chicago and the Minneapolis-St. Paul metropolitan area must
be located in the Mississippi River corridor, as identified by the commissioner and Federal
Railroad Administration.
new text end

new text begin (b) The high-speed passenger rail line in this subdivision is a designated line for the
purposes of subdivision 1.
new text end

new text begin Subd. 3. new text end

new text begin Assessment. new text end

new text begin Three years after the year revenue operations of a high-speed
passenger rail line commence, and every other year thereafter, the commissioner must
arrange for an independent high-speed rail effectiveness assessment of all high-speed
passenger rail service. At a minimum, the assessment must evaluate rail service costs,
including but not limited to capital, maintenance, and operating costs; performance outcomes;
and impacts on mobility and highway congestion. The commissioner must submit the
assessment to the chairs and ranking minority members of the legislative committees with
jurisdiction over transportation policy and finance and capital investment.
new text end

new text begin Subd. 4. new text end

new text begin Limitation; additional designations. new text end

new text begin Except as provided in subdivision 2, no
additional high-speed passenger rail corridors or lines may be designated until after the first
high-speed rail effectiveness assessment under subdivision 3 is submitted.
new text end

new text begin Subd. 5. new text end

new text begin Limitation; public-private partnerships. new text end

new text begin Notwithstanding section 174.02,
subdivision 9, the commissioner and any political subdivision are prohibited from entering
into an agreement with a private entity that is related to financing or funding a high-speed
passenger rail project.
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

ARTICLE 2

PASSENGER RAIL DEVELOPMENT AND APPROVAL

Section 1.

new text begin [174.631] PASSENGER RAIL; DEFINITIONS.
new text end

new text begin Subdivision 1. new text end

new text begin Scope. new text end

new text begin For the purposes of sections 174.6325 to 174.638, the terms
defined in this section have the meanings given them.
new text end

new text begin Subd. 2. new text end

new text begin Commissioner. new text end

new text begin "Commissioner" means the commissioner of transportation.
new text end

new text begin Subd. 3. new text end

new text begin High-speed passenger rail. new text end

new text begin "High-speed passenger rail" means passenger rail
that is able to operate at a top speed of at least 110 miles per hour.
new text end

new text begin Subd. 4. new text end

new text begin Responsible authority. new text end

new text begin "Responsible authority" means the commissioner or
a public or private entity as provided under section 174.632, subdivision 2, having primary
responsibility for development of a particular passenger rail project, including a passenger
rail facility.
new text end

new text begin Subd. 5. new text end

new text begin Stakeholder. new text end

new text begin "Stakeholder" includes owners of land in fee or a contract for
deed vendee that is located along an intercity passenger rail route or corridor, whether
existing or proposed, or within one mile of any part of the geographic area composing a
proposed corridor.
new text end

Sec. 2.

new text begin [174.6325] PASSENGER RAIL; PROJECT DEVELOPMENT.
new text end

new text begin Subdivision 1. new text end

new text begin Multimodal corridor capacity analysis. new text end

new text begin (a) As part of passenger rail
project development and prior to initiating a multimodal alternatives analysis under this
section, the responsible authority must perform a multimodal corridor capacity analysis.
new text end

new text begin (b) At a minimum, the analysis must:
new text end

new text begin (1) examine current transportation capacity within the proposed passenger rail corridor,
considering (i) programmed and planned transportation projects, and (ii) all transportation
modes and options, both public and private; and
new text end

new text begin (2) evaluate the adequacy of transportation capacity based on both current information
and projections of demand, growth, and other relevant factors.
new text end

new text begin (c) Nothing in this subdivision prevents inclusion of the multimodal corridor capacity
analysis in other corridor investment plans or evaluations, including a feasibility study or
environmental analysis.
new text end

new text begin Subd. 2. new text end

new text begin Multimodal alternatives analysis. new text end

new text begin (a) As part of passenger rail project
development and prior to initiating an environmental analysis or preliminary engineering,
the responsible authority must perform a multimodal alternatives analysis.
new text end

new text begin (b) In addition to any other information or requirements, the multimodal alternatives
analysis must:
new text end

new text begin (1) consider the multimodal corridor capacity analysis findings and projections;
new text end

new text begin (2) include (i) a no-build option, and (ii) options for each applicable transportation mode,
including highways;
new text end

new text begin (3) evaluate capacity adequacy under each option;
new text end

new text begin (4) identify the most cost-effective option; and
new text end

new text begin (5) review conformity with (i) the comprehensive statewide freight and passenger rail
plan under section 174.03, subdivision 1b; (ii) the statewide multimodal transportation plan;
and (iii) the 20-year statewide highway capital investment plan under section 174.03,
subdivision 1c.
new text end

new text begin (c) Nothing in this subdivision prevents inclusion of the multimodal alternatives analysis
in a subsequent environmental analysis.
new text end

new text begin Subd. 3. new text end

new text begin Multimodal alternatives analysis; public hearing and comment. new text end

new text begin (a) A
multimodal alternatives analysis for a passenger rail project, including any associated
alignment or mode recommendations, may not be finalized until after (1) public hearings
under this subdivision, and (2) review and due consideration of any public comment.
new text end

new text begin (b) The commissioner, in consultation with the responsible authority, must hold hearings
on a draft alternatives analysis. Hearings must be held within each county and statutory or
home rule charter city located along the proposed route or within one mile of any part of
the geographic area composing the proposed corridor. The commissioner must publicize
and provide adequate public notice of each hearing to ensure stakeholders have an opportunity
to participate and present views on the proposed corridor at the hearings.
new text end

new text begin (c) For purposes of this subdivision, "adequate public notice" includes, at a minimum:
(1) publishing notice in at least four editions of each newspaper and regular news periodical
in circulation along the proposed route or corridor, through any legal notice section and by
press release; and (2) providing the notice of the hearing no earlier than 60 days prior to the
hearing date.
new text end

new text begin (d) The commissioner must summarize the proceedings and testimony, and maintain on
the department's Web site the record of each hearing held under this subdivision. The
commissioner must also maintain a Web-based docket system where public comments on
the project may be submitted and identified on an ongoing basis.
new text end

Sec. 3.

Minnesota Statutes 2016, section 174.634, is amended to read:

174.634 PASSENGER RAIL; FUNDING new text begin ; EXPENDITURES new text end .

new text begin Subdivision 1. new text end

new text begin Sources of funding. new text end

deleted text begin (a) deleted text end new text begin Following approval of a passenger rail project
under subdivision 3, new text end the commissioner may apply for funding from federal, state, regional,
local, and private sources to carry out the commissioner's deleted text begin duties in deleted text end new text begin responsibilities under new text end
section 174.632.

deleted text begin (b) Section 174.88, subdivision 2, does not apply to the commissioner's performance of
duties and exercise of powers under sections 174.632 to 174.636.
deleted text end

new text begin Subd. 2. new text end

new text begin Expenditure of state funds; project study and plans. new text end

new text begin The commissioner and
any political subdivision are prohibited from expending state funds to study or plan for a
passenger rail project, including a corridor investment plan and a corridor capacity analysis
or an alternatives analysis under section 174.6325.
new text end

new text begin Subd. 3. new text end

new text begin Expenditure of state funds; project development and operations. new text end

new text begin (a) The
commissioner and any political subdivision are prohibited from expending state funds,
whether directly or through grants, for passenger rail project development and operations
unless:
new text end

new text begin (1) a corridor capacity analysis and an alternatives analysis under section 174.6325 have
been completed;
new text end

new text begin (2) either (i) the funds have been appropriated by a law that specifically identifies the
route and the expenditure purposes; or (ii) the specific passenger rail project is authorized
by law; and
new text end

new text begin (3) the governor approves a certificate of need finding that the project serves a public
purpose, is a matter of public necessity, and is the preferred alternative to meet transportation
needs in the corridor.
new text end

new text begin (b) Passenger rail project development and operations under paragraph (a) includes but
is not limited to environmental analysis, design, preliminary or final engineering, property
acquisition, equipment, construction, operations, and capital maintenance. Passenger rail
project development and operations does not include the reasonable costs of public hearings
or duties under section 174.6325, subdivision 3.
new text end

Sec. 4.

Minnesota Statutes 2016, section 174.636, subdivision 4, is amended to read:

Subd. 4.

Public hearings.

The commissioner shall hold public hearings new text begin as provided
under section 174.6325 and new text end as required by federal requirements.

Sec. 5.

Minnesota Statutes 2016, section 174.636, is amended by adding a subdivision to
read:

new text begin Subd. 5. new text end

new text begin Public property. new text end

new text begin Unless a passenger rail project is approved under section
174.634, subdivision 3, the commissioner, notwithstanding subdivision 1, and any political
subdivision are prohibited from:
new text end

new text begin (1) acquiring property for the purposes of a passenger rail project or to primarily support
passenger rail service; or
new text end

new text begin (2) entering into an agreement providing for property use for the purposes of the passenger
rail project or primarily to support passenger rail service.
new text end

Sec. 6. new text begin REQUIREMENTS FOR PASSENGER RAIL TRANSIT PROJECTS.
new text end

new text begin The requirements established in this act apply to any intercity passenger rail project that
is in project development, including but not limited to design or engineering, as of the
effective date of this section.
new text end

Sec. 7. new text begin REVISOR'S INSTRUCTION; RECODIFICATION.
new text end

new text begin The revisor of statutes shall recodify (1) Minnesota Statutes, section 174.632, subdivision
1, as Minnesota Statutes, section 174.631, subdivision 2; and (2) Minnesota Statutes, section
174.632, subdivision 2, as Minnesota Statutes, section 174.636, subdivision 1a. The revisor
shall revise the headnote and correct any cross-references made necessary by this
recodification.
new text end

Sec. 8. new text begin EFFECTIVE DATE.
new text end

new text begin Sections 1 to 7 are effective the day following final enactment.
new text end

ARTICLE 3

PASSENGER RAIL PRIORITIZATION

Section 1. new text begin BEST PRACTICES FOR PASSENGER RAIL PROJECT SELECTION.
new text end

new text begin (a) The commissioner of transportation must develop, adopt, and implement best practices
for passenger rail project evaluation and selection in consultation with the Federal Railroad
Administration, metropolitan planning organizations, regional development commissions,
area transportation partnerships, local governments, the Metropolitan Council, and
transportation stakeholders as defined in Minnesota Statutes, section 174.631. The
commissioner must begin implementing the best practices no later than October 1, 2018,
and may update the best practices as appropriate.
new text end

new text begin (b) As part of best practices development and at least four weeks prior to final adoption,
the commissioner must submit a legislative report to the chairs and ranking minority members
of the legislative committees with jurisdiction over transportation policy and finance for
review and comment on the proposed rail project evaluation and selection process.
new text end

new text begin (c) The best practices adopted under this section must include:
new text end

new text begin (1) an overview of passenger rail planning and current rail plans;
new text end

new text begin (2) a description of the selection process, including ranking criteria and the weight
assigned each criterion;
new text end

new text begin (3) identification and application of all relevant criteria contained in enacted Minnesota
law, federal law, or added by the commissioner;
new text end

new text begin (4) identification to the stakeholders and general public of each candidate project selected
under each selection process, including all the projects considered that are not selected;
new text end

new text begin (5) local governmental involvement in the process of scoring and ranking candidate
projects, as appropriate; and
new text end

new text begin (6) means of publicizing scoring, ranking, and decision outcomes concerning each
candidate project, including the projects that were considered and not selected.
new text end

new text begin (d) The commissioner must publicize the best practices and updates on the department's
Web site and through other effective means selected by the commissioner.
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