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Office of the Revisor of Statutes

Key: (1) language to be deleted (2) new language

  

                         Laws of Minnesota 1989 

                        CHAPTER 339-H.F.No. 1408 
           An act relating to metropolitan government; 
          restructuring the regional transit board and the 
          metropolitan transit commission; directing the board 
          to plan and coordinate light rail transit systems in 
          the metropolitan area; directing the board to 
          establish a joint light rail transit advisory 
          committee; directing the commission to operate light 
          rail transit systems; changing various provisions 
          relating to metropolitan transit plans, programs, and 
          authorities; amending Minnesota Statutes 1988, 
          sections 174.32, subdivision 2; 398A.04, subdivision 
          9; 473.169, subdivisions 2, 3, 4, and 5; 473.373, 
          subdivision 1a, and by adding a subdivision; 473.375, 
          subdivisions 8 and 13; 473.404, subdivisions 2, 3, and 
          5; and 473.4051; proposing coding for new law in 
          Minnesota Statutes, chapter 473; repealing Minnesota 
          Statutes 1988, sections 473.169, subdivision 1; 
          473.1691; 473.17; 473.73, subdivision 4; and 473.398. 
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
     Section 1.  Minnesota Statutes 1988, section 174.32, 
subdivision 2, is amended to read:  
    Subd. 2.  [TRANSIT ASSISTANCE FUND; DISTRIBUTION.] (a) A 
The transit assistance fund is created for the purpose of 
receiving receives money distributed under section 297B.09.  
Eighty percent of the receipts of the fund must be placed into a 
metropolitan account for distribution to recipients located in 
the metropolitan area and 20 percent into a separate account for 
distribution to recipients located outside of the metropolitan 
area.  Except as otherwise provided in this subdivision, the 
regional transit board created by section 473.373 is responsible 
for distributing assistance from the metropolitan account, and 
the commissioner is responsible for distributing assistance from 
the other account.  Money placed in the metropolitan account is 
available for distribution to regional railroad authorities 
established under chapter 398A in the metropolitan area, by the 
commissioner of transportation as provided in paragraph (b). 
    (b) The commissioner shall request applications from all 
eligible regional railroad authorities.  The commissioner shall 
establish a reasonable deadline for submittal of applications.  
The commissioner may not distribute more than 60 percent of the 
available funds to a single recipient.  Before distributing 
money to any regional railroad authority, the commissioner shall 
request review and comment on the applications from the 
metropolitan council and the regional transit board.  The 
council and the board have 60 days to comment.  The commissioner 
shall consider the comments of the council and the board in 
evaluating applications and distributing funds submit the 
applications to the regional transit board for approval.  The 
commissioner may distribute funds only with the approval of the 
board.  Before distributing approving any application for funds 
for construction, the commissioner board shall report to the 
legislature on the use and planned distribution of construction 
funds. 
    Sec. 2.  Minnesota Statutes 1988, section 398A.04, 
subdivision 9, is amended to read: 
    Subd. 9.  [MUNICIPAL AGREEMENTS.] The authority may enter 
into joint powers agreements under section 471.59 or other 
agreements with the municipality or municipalities named in the 
organization agreement, or with other municipalities situated in 
the counties named in the resolution, respecting the matters 
referred to in section 398A.06 or with another authority about 
any matter subject to this chapter. 
     Sec. 3.  Minnesota Statutes 1988, section 473.169, 
subdivision 2, is amended to read: 
    Subd. 2.  [PRELIMINARY DESIGN PLANS; PUBLIC HEARING.] 
Before preparing final design plans for a light rail transit 
facility, the political subdivision proposing the facility must 
hold a public hearing on the physical design component of the 
preliminary design plans.  The proposer 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. 
    Sec. 4.  Minnesota Statutes 1988, section 473.169, 
subdivision 3, is amended to read: 
    Subd. 3.  [PRELIMINARY DESIGN PLANS; LOCAL APPROVAL.] At 
least 30 days before the hearing under subdivision 2, the 
proposer must shall 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 shall 
hold a public hearing, except that a county board need not hold 
a hearing if the county board membership is identical to the 
membership of the regional railroad authority submitting the 
plan for review.  Within 45 days after the hearing under 
subdivision 2, the city, county, or town must shall 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 shall 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 
approval, unless an extension of time is agreed to by the city, 
county, or town and the proposer.  If the preliminary design 
plans are approved by each city, county, and town in which the 
route is proposed to be located, the proposer may proceed with 
final design plans under subdivision 5. 
    Sec. 5.  Minnesota Statutes 1988, section 473.169, 
subdivision 4, is amended to read: 
    Subd. 4.  [PRELIMINARY DESIGN PLANS; METROPOLITAN COUNCIL 
REGIONAL TRANSIT BOARD REFERRAL.] 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 
proposer may refer the plans, along with any comments of local 
jurisdictions, to the metropolitan council regional transit 
board.  The council must board shall hold a hearing on the 
plans, giving the proposer and the, any disapproving local 
governmental units, and other persons an opportunity to present 
the case for or against approval of their views on the plans.  
The council board may conduct independent study as it deems 
desirable and may mediate and attempt to resolve disagreements 
about the plans.  Within 90 days after the referral, the council 
board must either approve shall review the plans as submitted by 
the proposer or and may recommend amended plans to accommodate 
the objections presented by the disapproving local governmental 
units.  Failure to respond within the time period is deemed to 
be approval, unless an extension of time is agreed to by the 
council and the proposer. 
    Following approval or recommendation of preliminary design 
plans by the council, the proposer may proceed with final design 
plans under subdivision 5.  
    Sec. 6.  Minnesota Statutes 1988, section 473.169, 
subdivision 5, is amended to read: 
    Subd. 5.  [FINAL DESIGN PLANS.] (a) After the approval of 
preliminary design plans under subdivision 3 or review by the 
council following referral to the council under subdivision 4, 
the proposer may prepare final design plans. 
    (b) Before proceeding with beginning construction, the 
proposer must shall submit the physical design component of 
final design plans to the governing body of each statutory and 
home rule city, county, and town in which the route is proposed 
to be located.  Within 60 days after the submission of the 
plans, the city, county, or town must shall review and approve 
or disapprove the plans for the route located in the city, 
county, or town.  A local unit of government that disapproves 
the plans shall 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 the time period is deemed to be approval, unless 
an extension is agreed to by the city, county, or town and the 
proposer.  If the final design plans are approved by each city, 
county, and town in which the route is proposed to be located, 
the proposer may proceed with construction on that route. 
    (c) (b) If the governing body of one or more cities, 
counties, or towns disapproves the final design plans within the 
period allowed under paragraph (b) (a), the proposer may refer 
the plans, along with any comments of local jurisdictions, to 
the metropolitan council regional transit board.  The council 
must board shall review the final design plans under the same 
procedure and with the same effect as provided in subdivision 4 
for preliminary design plans. 
    Following approval of final design plans by the council, 
the proposer may proceed with construction. 
    Sec. 7.  Minnesota Statutes 1988, section 473.373, 
subdivision 1a, is amended to read: 
    Subd. 1a.  [PURPOSE DUTIES OF THE BOARD.] (a) The purposes 
duties of the board are: 
    (1) to foster effective delivery of existing transit 
services and encourage innovation in transit service; 
    (2) to increase transit service in suburban areas; 
    (3) to prepare implementation and financial plans for the 
metropolitan transit system; 
    (3) (4) to set policies and standards for implementing the 
transit policies and programs of the state and the transit 
policies of the metropolitan council in the metropolitan area; 
    (5) to advise and work cooperatively with local 
governments, regional rail authorities, and other public 
agencies, transit providers, developers, and other persons in 
order to coordinate all transit modes and to increase the 
availability of transit services; 
    (4) (6) to conduct transit research and evaluation; and 
    (5) (7) to administer state and metropolitan transit 
subsidies. 
    (b) The board shall arrange with others for the delivery 
and provision of transit services and facilities.  To the 
greatest extent possible, the board shall avoid, to the greatest 
extent possible, direct operational planning, administration, 
and management of specific transit services and facilities. 
    (c) The board shall advise the council, the council's 
transportation advisory board, the department of transportation, 
political subdivisions, and private developers on the transit 
aspects and effects of proposed transportation plans and 
development projects and on methods of improving the 
coordination, availability, and use of transit services as part 
of an efficient and effective overall transportation system. 
    Sec. 8.  Minnesota Statutes 1988, section 473.373, is 
amended by adding a subdivision to read: 
    Subd. 4a.  [MEMBERSHIP.] (a) The board consists of 11 
members with governmental or management experience.  
Appointments are subject to the advice and consent of the 
senate.  Terms of members are four years commencing on the first 
Monday in January of the first year of the term.  
    (b) The council shall appoint eight members, one from each 
of the following agency districts: 
    (1) district A, consisting of council districts 1 and 2; 
    (2) district B, consisting of council districts 3 and 7; 
    (3) district C, consisting of council districts 4 and 5; 
    (4) district D, consisting of council districts 6 and 11; 
    (5) district E, consisting of council districts 8 and 10; 
    (6) district F, consisting of council districts 9 and 13; 
    (7) district G, consisting of council districts 12 and 14; 
and 
    (8) district H, consisting of council districts 15 and 16. 
    At least six must be elected officials of statutory or home 
rule charter cities, towns, or counties.  Two of these officials 
must be county board members, each from a different county, and 
four must be elected officials of cities or towns.  Service on 
the board of a person who is appointed as an elected official 
may continue only as long as the person holds the office.  At 
least 30 days before the expiration of a term or upon the 
occurrence of a vacancy, the council shall request nominations 
for the position from relevant organizations of local elected 
officials, such as the association of metropolitan 
municipalities, the metropolitan intercounty association, the 
association of urban counties, and where applicable, the 
association of townships.  Each relevant organization shall 
nominate at least two persons for each position.  A local 
governmental unit that is not a member of an organization may 
submit nominations independently.  The council shall make its 
appointments from the nominations submitted to it to the extent 
possible consistent with the other requirements of this 
paragraph and with the appointment of a board that fairly 
reflects the diverse areas and constituencies affected by 
transit. 
    (c) The governor shall appoint, in addition to the chair, 
two persons, one who is age 65 or older at the time of 
appointment, and one with a disability.  These appointments must 
be made following the procedures of section 15.0597.  In 
addition, at least 30 days before the expiration of a term or 
upon the occurrence of a vacancy in the office held by a senior 
citizen or a person with a disability, the governor shall 
request nominations from organizations of senior citizens and 
persons with disabilities.  Each organization shall nominate at 
least two persons.  The governor shall consider the nominations 
submitted. 
    (d) No more than three of the members appointed under 
paragraphs (b) and (c) may be residents of the same statutory or 
home rule city or town, and none may be a member of the joint 
light rail transit advisory committee established under section 
13. 
    Sec. 9.  Minnesota Statutes 1988, section 473.375, 
subdivision 8, is amended to read: 
    Subd. 8.  [GIFTS; GRANTS.] The board may apply for, accept 
and disburse gifts, grants, or loans from the United States, the 
state, or from any person on behalf of itself or any of its 
contract recipients, for any of its purposes.  It may enter into 
an agreement required for the gifts, grants, or loans and may 
hold, use, and dispose of money or property received therefrom 
according to the terms of the gift, grant, or loan.  The board 
may not be a recipient of federal operating or capital 
assistance distributed by formula or block grant.  The board may 
not be a recipient of federal discretionary capital grants for 
light rail and other fixed guideway transit systems. 
    No political subdivision within the metropolitan area may 
apply for federal transit assistance unless its application has 
been submitted to and approved by the board. 
    Sec. 10.  Minnesota Statutes 1988, section 473.375, 
subdivision 13, is amended to read: 
    Subd. 13.  [FINANCIAL ASSISTANCE.] The board may provide 
financial assistance to the commission and other providers as 
provided in sections 473.371 to 473.449 in furtherance of and in 
conformance with the implementation plan of the board.  The 
board may not use the proceeds of bonds issued by the council 
under section 473.39 to provide capital assistance to private, 
for-profit operators of public transit. 
    Sec. 11.  [473.385] [TRANSIT SERVICE AREAS.] 
    Subdivision 1.  [DEFINITIONS.] (a) "Fully developed service 
area" means the fully developed area, as defined in the 
metropolitan council's development investment framework, plus 
the cities of Mendota Heights, Maplewood, North St. Paul, and 
Little Canada. 
    (b) "Regular route transit" has the meaning given it in 
section 174.22, subdivision 8, except that, for purposes of this 
section, the term does not include services on fixed routes and 
schedules that are primarily intended to provide circulator 
service within a community or adjacent communities rather than 
feeder service to the system of metropolitan regular route 
transit operated by the commission. 
    Subd. 2.  [SERVICE AREAS.] The regional transit board may 
provide financial assistance (whether directly or through 
another entity) to private, for-profit operators of public 
transit only for the following services: 
    (1) services that are not regular route services; 
    (2) regular route services provided on the effective date 
of this section by a private for-profit operator under contract 
with the board or under a certificate of convenience and 
necessity issued by the transportation regulation board; 
    (3) regular route services outside of the fully developed 
service area that are not operated on the effective date of this 
section by the commission; 
    (4) regular route services provided under section 473.388; 
    (5) regular route services to recipients who, as part of a 
negotiated cost-sharing arrangement with the board, pay at least 
50 percent of the cost of the service that directly benefits the 
recipient as an institution or organization; or 
    (6) regular route services that the board and the 
commission agree are not or will not be operated for a 
reasonable subsidy by the commission. 
    Sec. 12.  [473.399] [LIGHT RAIL TRANSIT; REGIONAL PLAN.] 
    Subdivision 1.  [GENERAL REQUIREMENTS.] (a) The transit 
board shall adopt a regional light rail transit plan, as 
provided in this section, to ensure that light rail transit 
facilities in the metropolitan area will be acquired, developed, 
owned, and capable of operation in an efficient, cost-effective 
and coordinated manner as an integrated and unified system on a 
multicounty basis in coordination with buses and other 
transportation modes and facilities.  To the extent practicable 
the board shall incorporate into its plan appropriate elements 
of the plans of regional railroad authorities in order to avoid 
duplication of effort. 
    (b) The regional plan required by this section must be 
adopted by the board before any regional railroad authority may 
begin construction of light rail transit facilities and before 
any authority is eligible for state financial assistance for 
constructing light rail transit facilities.  Following adoption 
of the regional plan, each regional railroad authority or other 
developer of light rail transit in the metropolitan area shall 
act in conformity with the plan.  Each authority or proposer 
shall prepare or amend its comprehensive plan and preliminary 
and final design plans as necessary to make the plans consistent 
with the regional plan. 
     (c) Throughout the development and implementation of the 
plan, the board shall contract for or otherwise obtain 
engineering services to assure that the plan adequately 
addresses the technical aspects of light rail transit.  
    Subd. 2.  [DEVELOPMENT AND FINANCIAL PLAN.] (a) The board 
shall adopt a regional development and financial plan for light 
rail transit composed of the following elements: 
    (1) a staged development plan of light rail transit 
corridors; 
    (2) a statement of needs, objectives, and priorities for 
capital development and service for a prospective ten-year 
period, considering service needs, ridership projections, and 
other relevant factors for the various segments of the system, 
along with a statement of the fiscal implications of these 
objectives and priorities, and policies and recommendations for 
long term capital financing; 
    (3) a capital investment component for a five-year period 
following the commencement of construction of facilities, with 
policies and recommendations for ownership of facilities and for 
financing capital and operating costs; 
     (b) For any segments of rail line that may be constructed 
below the surface elevation, the plan must estimate the 
additional capital costs, debt service, and subsidy level that 
are attributable to the below grade construction.  The plan must 
include a method of financing the operation of light rail 
transit that depends on property tax revenue for no more than 35 
percent of the operations cost. 
    (c) The board shall prepare the plan in consultation with 
its light rail transit advisory committee.  The board shall 
submit the plan and amendments to the plan to the metropolitan 
council for review and approval or disapproval, for conformity 
with the council's transportation plan.  The council has 90 days 
to complete its review. 
    Subd. 3.  [COORDINATION PLAN.] (a) The board shall adopt a 
regional coordination plan for light rail transit.  The plan 
must include: 
    (1) a method for organizing and coordinating acquisition, 
construction, ownership, and operation of light rail transit 
facilities, including in particular, coordination of vehicle 
specifications, provisions for a single light rail transit 
operator for the system, and the organization and coordination 
method required if a turn-key approach to facility acquisition 
is used by a regional railroad authority; 
    (2) specifications and standards to ensure joint or 
coordinated procurement of rights-of-way, track, vehicles, 
electrification, communications and ticketing facilities, yards 
and shops, stations, and other facilities that must be or should 
be operated on a systemwide basis; 
    (3) systemwide operating and performance specifications and 
standards; 
    (4) bus and park-and-ride coordination policies, standards, 
and plans to assure maximum use of light rail transit and the 
widest possible access to light rail transit in both urban and 
suburban areas; 
    (5) a method for ensuring ongoing coordination of 
development, design, and operational plans for light rail 
facilities; 
    (6) provision for the operation of light rail transit by 
the metropolitan transit commission; and 
    (7) other matters that the board deems prudent and 
necessary to ensure that light rail transit facilities are 
acquired, developed, owned, and capable of operation in an 
efficient, cost-effective and coordinated manner as an 
integrated and unified system on a multicounty basis in 
coordination with buses and other transportation modes and 
facilities.  
    (b) The joint light rail transit advisory committee shall 
prepare and recommend the plan to the board.  The board shall 
review the plan within 90 days and either adopt it or disapprove 
it and return it to the committee with the modifications that 
the board recommends before adoption of the plan.  The committee 
shall take into consideration the board's recommendations and 
resubmit the plan to the board for review and adoption or 
disapproval. 
    (c)  The metropolitan council shall review and comment on 
the plan. 
    Sec. 13.  [473.3991] [JOINT LIGHT RAIL TRANSIT ADVISORY 
COMMITTEE.] 
    Subdivision 1.  [CREATION; PURPOSE.] The transit board 
shall establish a joint light rail transit advisory committee, 
to assist the board in planning light rail transit facilities 
and in coordinating the light rail transit activities of the 
county regional railroad authorities and the transit 
commission.  The committee shall perform the duties specified in 
sections 12 and 20 and shall otherwise assist the board upon 
request of the board. 
    Subd. 2.  [MEMBERSHIP.] The committee consists of: 
    (1) two members of the governing board of each regional 
railroad authority that applies for and receives state funding 
for preliminary engineering of light rail transit facilities; 
    (2) one member, in addition to those under clause (1), of 
the governing board of the Hennepin county regional railroad 
authority; 
    (3) one member of the governing board of each regional 
railroad authority not represented under clause (1) that applies 
for and receives state funding for planning of light rail 
transit facilities; 
    (4) two members of the metropolitan transit commission; and 
    (5) the commissioner of transportation or an employee of 
the department designated by the commissioner. 
    Appointments under clauses (1) to (3) are made by the 
respective authorities, and appointments under clause (4) are 
made by the commission.  The regional transit board shall make 
the appointment for any appointing authority that fails to make 
the required appointments.  Members serve at the pleasure of the 
agency making the appointment. 
    Subd. 3.  [CHAIR.] The committee shall annually elect a 
chair from among its members. 
    Subd. 4.  [ADMINISTRATION.] The regional transit board 
shall provide staff and administrative services for the 
committee.  The organizations represented on the committee shall 
provide information, staff, and technical assistance for the 
committee as needed. 
    Sec. 14.  [473.3993] [LIGHT RAIL TRANSIT FACILITY PLANS; 
DEFINITIONS.] 
    Subdivision 1.  [APPLICATION.] The definitions in this 
section apply to section 473.169 and section 15. 
    Subd. 2.  [PRELIMINARY DESIGN PLAN.] "Preliminary design 
plan" means a light rail transit plan that identifies: 
     (1)  preliminary plans for the physical design of 
facilities, including location, length, and termini of routes; 
general dimension, elevation, alignment, and character of routes 
and crossings; whether the track is elevated, on the surface, or 
below ground; approximate station locations; and related park 
and ride, parking, and other transportation facilities; and a 
plan for handicapped access; and 
     (2) preliminary plans for intermodal coordination with bus 
operations and routes; ridership; capital costs; operating costs 
and revenues; funding for final design, construction, and 
operation; and an implementation method. 
    Subd. 3.  [FINAL DESIGN PLAN.] "Final design plan" means a 
light rail transit plan that includes the items in the 
preliminary design plan for the facilities proposed for 
construction, but with greater detail and specificity.  The 
final design plan must include, at a minimum:  
    (1) final plans for the physical design of facilities, 
including the right-of-way definition; environmental impacts and 
mitigation measures; intermodal coordination with bus operations 
and routes; and civil engineering plans for vehicles, track, 
stations, parking, and access, including handicapped access; and 
    (2) final plans for civil engineering for electrification, 
communication, and other similar facilities; operational rules, 
procedures and strategies; capital costs; ridership; operating 
costs and revenues; financing for construction and operation; an 
implementation method; and other similar matters.  
    The final design plan must be stated with sufficient 
particularity and detail to allow the proposer to begin the 
acquisition and construction of operable facilities.  If a 
turn-key implementation method is proposed, instead of civil 
engineering plans the final design plan must state detailed 
design criteria and performance standards for the facilities. 
    Sec. 15.  [473.3996] [LIGHT RAIL TRANSIT FACILITY DESIGN 
PLANS; REVIEW BY BOARD.] 
    Subdivision 1.  [PRELIMINARY DESIGN PLANS.] Before 
submitting the physical design component of final design plans 
of a light rail transit facility for local review under section 
473.169, subdivision 5, the proposer shall submit preliminary 
design plans to the regional transit board for review.  The 
board shall review the preliminary design plans to determine the 
compatibility of the plans with other light rail transit plans 
and facilities in the metropolitan area, the adequacy of the 
plans for handicapped accessibility, and the conformity of the 
plans with the regional light rail transit plan prepared under 
section 12.  The board may comment on any aspect of the plans.  
The board has 90 days to complete its review, unless an 
extension of time is agreed to by the proposer.  If the board 
determines that the plans do not satisfy the standards stated in 
this subdivision, the board shall recommend modifications in the 
plans that are necessary in order to satisfy the board.  After 
adopting or amending the regional plan required by section 12, 
the board may again review any previously reviewed preliminary 
design plans and recommend modifications that are necessary to 
satisfy the board.  
    Subd. 2.  [FINAL DESIGN PLANS.] Before acquiring or 
constructing light rail transit facilities, other than land for 
right of way, the proposer shall submit final design plans to 
the regional transit board for review.  The board shall review 
the final design plans under the same schedule and according to 
the same standards as provided for its review of preliminary 
design plans.  The board shall either approve the plans, or if 
it determines that the plans do not satisfy the standards, 
disapprove the plans, in whole or in part, and recommend 
modifications in the plans that are necessary to secure 
approval.  A proposer may not proceed with acquisition or 
construction of a light rail transit facility, other than land 
for right of way, unless the final design plans for the facility 
have been approved by the board.  Following approval of final 
design plans by the board, if a regional railroad authority 
wishes to select a bid or a response to a request for proposal 
that is more than ten percent higher than the capital costs 
indicated in the final design plans for the facility, the 
authority may not proceed with construction until it has 
resubmitted the final design plans to the transit board for 
further review and approval or disapproval.  The board has 10 
working days to review and approve or disapprove and recommend 
modification, unless an extension of time is agreed to by the 
authority. 
    Sec. 16.  Minnesota Statutes 1988, section 473.404, 
subdivision 2, is amended to read: 
    Subd. 2.  [MEMBERSHIP.] The transit commission consists 
of three five members appointed by the transit board.  One 
member must be a resident of the city of Minneapolis, one must 
be a resident of the city of St. Paul, and one two must reside 
in the service area of the commission outside of Minneapolis and 
St. Paul, and one may reside anywhere in the metropolitan area.  
At least one of the members from outside of Minneapolis and St. 
Paul must reside in the commission's full-peak and off-peak 
service area, as defined for tax purposes in section 473.446.  
Appointments are not subject to the advice and consent of the 
senate.  
    Sec. 17.  Minnesota Statutes 1988, section 473.404, 
subdivision 3, is amended to read: 
    Subd. 3.  [TERMS.] The term of each member of the 
commission is three years and until a successor is appointed and 
qualified.  The initial terms of members commence on the first 
day after August 1, 1984, that all three members have been 
appointed and qualified of the first year of a term.  One member 
must be appointed to an initial term of one year, one to an 
initial term of two years, and one to an initial term of three 
years.  The terms of members of the transit commission appointed 
and serving on August 1, 1984, pursuant to Minnesota Statutes 
1982, section 473.141, expire on the day that the terms of 
members appointed pursuant to this section commence.  
    Sec. 18.  Minnesota Statutes 1988, section 473.404, 
subdivision 5, is amended to read: 
    Subd. 5.  [QUALIFICATION.] Each member of the commission 
must have transit, governmental, or management experience.  A 
member shall not during a term of office be a member of the 
metropolitan council, the regional transit board, the 
metropolitan waste control commission, the metropolitan airports 
commission, the metropolitan sports facilities commission, or 
any other independent regional commission, board, or agency, or 
hold any judicial office.  Each member shall qualify by taking 
and subscribing to the oath of office prescribed by the 
Minnesota Constitution, article 5, section 5.  The oath, duly 
certified by the official administering it, must be filed with 
the metropolitan council.  
    Sec. 19.  Minnesota Statutes 1988, section 473.4051, is 
amended to read: 
    473.4051 [LIGHT RAIL TRANSIT OPERATION.] 
    The transit commission may enter into an agreement to 
provide for the operation of a shall operate regional rail 
railroad authority light rail transit system facilities and 
services upon completion of construction of the system by the 
regional rail authority facilities and the commencement of 
revenue service using the facilities.  If a regional rail 
authority enters into an agreement with the transit commission 
for The regional railroad authority and the commission may not 
allow the commencement of revenue service until after an 
appropriate period of acceptance testing to ensure satisfactory 
performance.  In assuming the operation of the system, the 
transit commission must comply with the provisions of section 
473.415.  The commission shall coordinate operation of the light 
rail transit system with bus service to avoid duplication of 
service on a route served by light rail transit and to ensure 
the widest possible access to light rail transit lines in both 
suburban and urban areas by means of a feeder bus system.  If 
the regional plan prepared by the transit board under section 12 
calls for construction and operation of light rail transit 
facilities in a jurisdiction whose governing body has chosen not 
to organize and proceed under chapter 398A, the board may 
authorize the transit commission to implement the plan in that 
area. 
    Sec. 20.  [LIGHT RAIL PLANNING REQUIREMENTS.] 
    Subdivision 1.  [DEVELOPMENT AND FINANCIAL PLAN.] The 
regional transit board shall complete the initial light rail 
transit development and financial plan required in section 12, 
subdivision 2, by January 1, 1990.  The metropolitan council has 
45 days to complete its review of the initial plan.  The transit 
board shall report to the legislature by February 15, 1990, on 
the plan and on the board's capital development and financing 
recommendations. 
    Subd. 2.  [COORDINATION PLAN.] The board's light rail 
transit advisory committee shall prepare and recommend to the 
regional transit board the initial light rail transit 
coordination plan required by section 12, subdivision 3, by July 
1, 1990.  Before adopting the initial coordination plan, the 
transit board shall: 
    (1) submit the plan to the council and the commissioner of 
transportation for review and comment; 
    (2) assemble a peer review panel of transit and light rail 
transit experts of national stature to review and comment on the 
plan; and 
    (3) hold a public hearing on the plan to receive the 
comments and suggestions of the public. 
     The transit board may not include on the peer review panel 
any person who is employed by, or under contract as a consultant 
or for professional services to, regional railroad authorities, 
a firm employed as a consultant to regional railroad 
authorities, the transit commission, or the transit commission's 
management contractor. 
    Subd. 3.  [TRANSPORTATION PLAN.] Notwithstanding the 
provisions of section 473.146, by January 1, 1990, the council 
shall revise the light rail transit element of its 
transportation plan, taking into consideration all comprehensive 
plans and studies of corridors and preliminary design plans of 
regional railroad authorities. 
    Sec. 21.  [METROPOLITAN REGIONAL RAILROAD AUTHORITIES.] 
    Subdivision 1.  [AUTHORITY.] Nothing in this act should be 
interpreted to require the elimination of the regional railroad 
authorities in the metropolitan area or to forbid one or more 
authorities to act independently, so long as their activities 
are consistent with the regional light rail transit plan. 
    Subd. 2. [ELIGIBILITY FOR FEDERAL FUNDS; SPECIAL 
PROVISION.] (a) A regional railroad authority in the 
metropolitan area is specifically authorized to apply for and 
receive, in its own name, federal financial assistance. 
    (b) Nothing in this act may be interpreted or relied on by 
any person, political subdivision, or agency to forbid, 
restrict, or delay an application for federal financial 
assistance of any regional railroad authority in the 
metropolitan area acting independently, or to transfer to 
another entity the authority of a regional railroad authority to 
receive such assistance individually, independently, and 
directly for the planning, engineering, or construction of a 
regional railroad authority's light rail transit system. 
    (c) If a regional railroad authority in the metropolitan 
area has made application for a federal construction or capital 
grant for light rail transit by April 1, 1989, and the secretary 
of transportation preliminarily awards or indicates an intent to 
award federal funds to the regional railroad authority for that 
grant application, then the location of the light rail transit 
line, stations, yards and shops contained in that application is 
not subject to approval by the regional transit board, if the 
grant is awarded or a notice of intent to award the grant is 
received. 
    Sec. 22.  [SPECIAL TRANSIT SERVICES; DELIVERY STUDY.] 
    Subdivision 1.  [STUDY REQUIRED.] The regional transit 
board shall conduct a study of methods to improve the delivery 
of transportation services for the elderly, handicapped, and 
disabled, including persons with permanent sensory or mental 
impairments, whose transit needs cannot be fully accommodated 
through the use of existing public transit alternatives.  The 
board shall direct its staff to: 
    (1) evaluate the potential for integrating metro mobility 
with other specialized transit; 
    (2) assess the role of nonprofits in providing 
cost-effective service; 
    (3) identify transit issues for special populations in 
suburban areas; and 
    (4) evaluate the efficiency and usefulness of the current 
metro mobility administrative center computer system and 
identify suggestions for improvement. 
    Subd. 2.  [COMMUNITY INVOLVEMENT.] The board shall actively 
involve interested parties in this process, including but not 
limited to: 
    (1) members of the transportation handicapped advisory 
committee; 
    (2) representatives of the department of human services; 
    (3) members of the transit providers advisory committee; 
    (4) representatives of nonprofit transit and social service 
providers; 
    (5) organizations representing the elderly, handicapped, 
and disabled communities; and 
    (6) interested members of the general public. 
     Subd. 3.  [REPORT.] The board shall report to the 
legislature on the study and the board's findings and 
recommendations by December 1, 1989. 
    Sec. 23.  [APPOINTMENTS.] 
     (a) Notwithstanding section 8, the terms of the initial 
members of the transit board appointed under section 8 begin 
July 1, 1989, and end as follows: 
    (1) for members representing districts A, B, C, and D, for 
the chair, and for the disabled person, on the first Monday in 
January of 1993; 
    (2) for all other members, on the first Monday in January 
of 1991. 
The terms of members of the board appointed and serving on the 
effective date of this act expire on the day that the terms of 
members appointed under this section and section 8 commence. 
    (b) Notwithstanding sections 16 and 17, the initial term of 
one of the members added to the transit commission by section 16 
is two years.  At the time of appointment, the board shall 
designate the member appointed under section 16 to a two-year 
term and the member appointed to a three-year term.  The board 
may not appoint the added members under this section and section 
16 until the initial members of the transit board appointed 
under this section and section 8 have been appointed and have 
began serving their terms. 
    Sec. 24.  [REPEALER.] 
    Minnesota Statutes 1988, sections 473.169, subdivision 1; 
473.1691; 473.17; 473.373, subdivision 4; and 473.398, are 
repealed. 
    Sec. 25.  [APPLICATION.] 
    Sections 1 to 24 are effective the day following final 
enactment.  Sections 4 to 24 apply in the counties of Anoka, 
Carver, Dakota, Hennepin, Ramsey, Scott, and Washington. 
    Presented to the governor May 30, 1989 
    Signed by the governor June 1, 1989, 10:55 p.m.