Minnesota Session Laws - 1993, Regular Session

  
    Laws of Minnesota 1993 

                        CHAPTER 353-S.F.No. 414 
           An act relating to transportation; providing 
          procedures for design, approval, and construction of 
          light rail transit; establishing corridor management 
          committee; providing for resolution of disputes; 
          changing membership and responsibilities of the light 
          rail transit joint powers board; amending Minnesota 
          Statutes 1992, sections 174.32, subdivision 2; 
          473.167, subdivision 1; 473.373, subdivision 4a; 
          473.399, subdivision 1; 473.3993; 473.3994, 
          subdivisions 2, 3, 4, 5, 7, and by adding 
          subdivisions; 473.3996; 473.3997; 473.3998; 473.4051; 
          proposing coding for new law in Minnesota Statutes, 
          chapter 174; repealing Minnesota Statutes 1992, 
          sections 473.399, subdivisions 2 and 3; 473.3991; 
          473.3994, subdivision 6; Laws 1991, chapter 291, 
          article 4, section 20. 
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
    Section 1.  Minnesota Statutes 1992, section 174.32, 
subdivision 2, is amended to read: 
    Subd. 2.  [TRANSIT ASSISTANCE FUND; DISTRIBUTION.] (a) The 
transit assistance fund 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 
submit the applications to the regional transit board for 
approval.  The commissioner may distribute funds only with the 
approval of the board.  Before approving any application for 
funds for construction, the board shall report to the 
legislature on the use and planned distribution of construction 
funds. 
    Sec. 2.  [174.35] [LIGHT RAIL TRANSIT.] 
    The commissioner of transportation may exercise the powers 
granted in this chapter and chapter 473, as necessary, to plan, 
design, acquire, construct, and equip light rail transit 
facilities in the metropolitan area as defined in section 
473.121, subdivision 2. 
    Sec. 3.  Minnesota Statutes 1992, section 473.167, 
subdivision 1, is amended to read: 
    Subdivision 1.  [CONTROLLED ACCESS HIGHWAYS: AND TRANSIT 
FIXED-GUIDEWAYS; COUNCIL APPROVAL.] Before acquiring land for or 
constructing a controlled access highway or transit 
fixed-guideway in the area, the state transportation department 
or local government unit proposing the acquisition or 
construction shall submit to the council a statement describing 
the proposed project.  The statement must be in the form and 
detail required by the council.  Immediately upon receipt of the 
statement, the council shall transmit a copy to the regional 
transit board, which shall review and evaluate the project in 
relationship to the board's implementation plan and report its 
recommendations and comments to the council.  The council shall 
also review the statement to ascertain its consistency with its 
policy plan and the development guide.  No project may be 
undertaken unless the council determines that it is consistent 
with the policy plan and implementation plan.  This approval is 
in addition to the requirements of any other statute, ordinance 
or rule. 
    Sec. 4.  Minnesota Statutes 1992, section 473.373, 
subdivision 4a, is amended 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. 
     Six must be elected officials of statutory or home rule 
charter cities, towns, or counties.  
     (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 board established under 
section 473.3991 473.3998. 
    Sec. 5.  Minnesota Statutes 1992, section 473.399, 
subdivision 1, is amended to read: 
    Subdivision 1.  [GENERAL REQUIREMENTS.] (a) The transit 
board shall adopt a regional light rail transit plan, as 
provided in this section part of the implementation plan 
pursuant to section 473.161, 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 the 
commissioner of transportation may begin construction of light 
rail transit facilities and before any authority is eligible for 
state financial assistance the commissioner may expend funds 
appropriated or obtained through bonding 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 and the commissioner 
of transportation shall act in conformity with the plan.  Each 
authority or proposer The commissioner shall prepare or 
amend its comprehensive plan and preliminary and the 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.  
    Sec. 6.  Minnesota Statutes 1992, section 473.3993, is 
amended to read: 
    473.3993 [LIGHT RAIL TRANSIT FACILITY PLANS; DEFINITIONS.] 
    Subdivision 1.  [APPLICATION.] The definitions in this 
section apply to sections 473.3994 and 473.3996. 
    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, and sources of funds for operating subsidies; 
funding for final design, construction, and operation; and an 
implementation method. 
    The preliminary design plan includes the preliminary or 
draft environmental impact statement for the light rail transit 
facilities proposed. 
    Subd. 2a.  [PRELIMINARY ENGINEERING PLAN.] "Preliminary 
engineering 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 to satisfy final environmental impact statement 
requirements. 
    Subd. 3.  [FINAL DESIGN PLAN.] "Final design plan" means a 
light rail transit plan that includes the items in the 
preliminary design plan and the preliminary engineering plan for 
the facilities proposed for construction, but with greater 
detail and specificity needed for construction.  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, and sources of funds for operating 
subsidies; 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. 7.  Minnesota Statutes 1992, section 473.3994, 
subdivision 2, is amended to read: 
    Subd. 2.  [PRELIMINARY DESIGN PLANS; PUBLIC HEARING.] 
Before preparing final design plans are prepared for a light 
rail transit facility, the political subdivision proposing the 
facility commissioner of transportation and the regional 
railroad authority or authorities in whose jurisdiction the line 
or lines are located must hold a public hearing on the physical 
design component of the preliminary design plans.  The proposer 
commissioner of transportation and the regional railroad 
authority or authorities in whose jurisdiction the line or lines 
are located must provide appropriate public notice of the 
hearing and publicity to ensure that affected parties have an 
opportunity to present their views at the hearing.  The 
commissioner shall summarize the proceedings and testimony, and 
maintain the record of a hearing held under this section, 
including any written statements submitted. 
    Sec. 8.  Minnesota Statutes 1992, section 473.3994, 
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 commissioner of transportation and the regional 
railroad authority or authorities in whose jurisdiction the line 
or lines are located 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 
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 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 commissioner of 
transportation, and the regional railroad authority or 
authorities in whose jurisdiction the line or lines are located. 
    Sec. 9.  Minnesota Statutes 1992, section 473.3994, 
subdivision 4, is amended to read: 
    Subd. 4.  [PRELIMINARY DESIGN PLANS; REGIONAL TRANSIT BOARD 
METROPOLITAN COUNCIL 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 commissioner of transportation and the regional 
railroad authority or authorities in whose jurisdiction the line 
or lines are located may refer the plans, along with any 
comments of local jurisdictions, to the regional transit board 
metropolitan council.  The board council shall hold a hearing on 
the plans, giving the proposer commissioner of transportation 
and the regional railroad authority or authorities in whose 
jurisdiction the line or lines are located, any disapproving 
local governmental units, and other persons an opportunity to 
present their views on the plans.  The board council 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 board council shall review the 
plans submitted by the proposer commissioner of transportation 
and the regional railroad authority or authorities in whose 
jurisdiction the line or lines are located and may recommend 
amended plans the council shall decide what amendments to the 
plans, if any, must be made to accommodate the objections 
presented by the disapproving local governmental units.  The 
commissioner and the regional railroad authority shall make the 
amendments to the plans before continuing the planning and 
designing process.  
    Sec. 10.  Minnesota Statutes 1992, section 473.3994, 
subdivision 5, is amended to read: 
    Subd. 5.  [FINAL DESIGN PLANS.] (a) Before beginning 
construction, the proposer commissioner 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 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 commissioner.  
    (b) If the governing body of one or more cities, counties, 
or towns disapproves the plans within the period allowed under 
paragraph (a), the proposer commissioner may refer the plans, 
along with any comments of local jurisdictions, to the regional 
transit board metropolitan council.  The board council shall 
review the final design plans under the same procedure and with 
the same effect as provided in subdivision 4 for preliminary 
design plans. 
    Sec. 11.  Minnesota Statutes 1992, section 473.3994, 
subdivision 7, is amended to read: 
    Subd. 7.  [COUNCIL REVIEW.] Before proceeding with 
construction of a light rail transit facility, a regional rail 
authority established under chapter 398A the commissioner must 
submit preliminary and final design plans to the metropolitan 
council.  The council must review the plans for consistency with 
the council's development guide and comment on approve the plans.
    Sec. 12.  Minnesota Statutes 1992, section 473.3994, is 
amended by adding a subdivision to read: 
    Subd. 10.  [CORRIDOR MANAGEMENT COMMITTEE.] A corridor 
management committee shall be established to advise the 
commissioner of transportation in the design and construction of 
light rail transit in each corridor to be constructed.  The 
corridor management committee shall consist of the members of 
the light rail transit joint powers board established pursuant 
to section 473.3998 and one representative from each city in 
which the corridor is located.  Additionally, the commissioner 
of transportation, the chair of the metropolitan council, the 
chair of the regional transit board, and the chair of the 
metropolitan transit commission shall each appoint a member to 
the committee.  For the corridor between Minneapolis and St. 
Paul, the University of Minnesota shall appoint one member to 
the committee.  The member representing the regional transit 
board shall chair the committee.  
    The corridor management committee shall advise the 
commissioner of transportation and the regional railroad 
authority or authorities in whose jurisdiction the line or lines 
are located on issues relating to the alternatives analysis, 
environmental review, preliminary design, preliminary 
engineering, final design, implementation method, and 
construction of light rail transit.  
    Sec. 13.  Minnesota Statutes 1992, section 473.3994, is 
amended by adding a subdivision to read: 
    Subd. 11.  [REGIONAL RAILROAD AUTHORITY REVIEW.] The 
commissioner must submit to each regional rail authority in 
which the corridor is located, for review and approval, the 
following:  
    (1) preliminary design and preliminary engineering plans; 
and 
    (2) final design plans.  
    The commissioner must submit major contract changes during 
construction to each regional rail authority in which the 
corridor is located for review and comment. 
    Sec. 14.  Minnesota Statutes 1992, section 473.3994, is 
amended by adding a subdivision to read: 
    Subd. 12.  [ALTERNATIVES ANALYSIS; ENVIRONMENTAL REVIEW.] 
For light rail transit lines to be constructed in the 
metropolitan area, the regional railroad authority or 
authorities in whose jurisdiction a line or lines are to be 
constructed and the commissioner of transportation shall jointly 
prepare an alternatives analysis, the environmental review 
documents required, and the preliminary engineering plan.  The 
council must approve the design for the alternatives analysis 
and the completed alternatives analysis.  The department of 
transportation shall be the responsible governmental unit. 
    Sec. 15.  Minnesota Statutes 1992, section 473.3994, is 
amended by adding a subdivision to read: 
    Subd. 13.  [DISPUTE RESOLUTION.] In the event of a dispute 
between any of the parties arising from the parties' respective 
authority and responsibility under this section or section 
473.3998, the dispute shall be submitted to the metropolitan 
council for final resolution by any party to the dispute.  The 
metropolitan council shall establish by July 1, 1993, a process 
to ensure a prompt and speedy resolution of the dispute.  This 
process shall allow the parties to provide evidence and 
testimony in support of their positions. 
    Sec. 16.  Minnesota Statutes 1992, section 473.3996, is 
amended to read: 
    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 
473.3994, subdivision 5, the proposer commissioner of 
transportation and the regional railroad authority or 
authorities in whose jurisdiction the line or lines are located 
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 473.399.  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 commissioner of transportation and the regional 
railroad authority or authorities in whose jurisdiction the line 
or lines are located.  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 473.399, 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 commissioner of transportation 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 The commissioner 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 the commissioner 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 commissioner may not proceed with construction 
until it the commissioner has resubmitted the final design plans 
to the transit board for further review and approval or 
disapproval.  The board has ten working days to review and 
approve or disapprove and recommend modification, unless an 
extension of time is agreed to by the authority commissioner. 
    Sec. 17.  Minnesota Statutes 1992, section 473.3997, is 
amended to read: 
    473.3997 [FEDERAL FUNDING; LIGHT RAIL TRANSIT.] 
    By July 1, 1992, (a) Upon completion of the alternatives 
analysis and draft environmental impact statement for the 
central corridor transit improvement project, the regional 
transit board, the regional rail authorities, and the 
commissioner of transportation, and the affected regional rail 
authorities shall may jointly prepare any a joint 
application for federal assistance for light rail transit 
facilities in the metropolitan area.  The application must be 
reviewed and approved by the metropolitan council before it is 
submitted by the board and the commissioner.  In reviewing the 
application the council must consider the information submitted 
to it under section 473.3994, subdivision 9.  The board, the 
rail authorities, and the commissioner must consult with the 
council in preparing the application.  The application may 
provide for metropolitan regional railroad authorities to design 
or construct light rail transit facilities under contract with 
the commissioner. 
    (b) Until the application described in paragraph (a) is 
submitted, no political subdivision in the metropolitan area may 
on its own apply for federal assistance for light rail transit 
planning or construction. 
    Sec. 18.  Minnesota Statutes 1992, section 473.3998, is 
amended to read: 
    473.3998 [LIGHT RAIL TRANSIT JOINT POWERS BOARD.] 
    A light rail transit joint powers board shall be formed 
under section 471.59 to implement light rail transit final 
design and construction of the corridors funded solely with 
federal and county funds.  The board shall consist of 
a consisting of one voting member from the metropolitan transit 
commission, the department of transportation, the regional 
transit board, the metropolitan council, and the regional rail 
authorities of Hennepin, Ramsey, Anoka, Washington, Dakota, 
Scott, and Carver counties, plus an additional voting member 
from a county regional rail authority with a corridor in which 
final design has begun. 
    The board shall review and approve light rail transit 
system standards to be used by the commissioner in designing and 
building a light rail transit facility and shall review and 
approve the plan for community involvement and the marketing 
program.  The board shall advise the corridor management 
committee established pursuant to section 473.3994, subdivision 
10, and the commissioner on the method of implementation.  All 
members of the board shall be members of the corridor management 
committee established pursuant to section 473.3994, subdivision 
10. 
    Sec. 19.  Minnesota Statutes 1992, section 473.4051, is 
amended to read: 
    473.4051 [LIGHT RAIL TRANSIT OPERATION.] 
    The transit commission shall operate regional railroad 
authority light rail transit facilities and services upon 
completion of construction of the facilities and the 
commencement of revenue service using the facilities.  The 
regional railroad authority commissioner of transportation 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 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 
473.399 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.  [REPEALER.] 
    Minnesota Statutes 1992, sections 473.399, subdivisions 2 
and 3; 473.3991; and 473.3994, subdivision 6, are repealed.  
    Laws 1991, chapter 291, article 4, section 20, is repealed. 
    Sec. 21.  [APPLICATION.] 
    This act applies in the counties of Anoka, Carver, Dakota, 
Hennepin, Ramsey, Scott, and Washington. 
    Sec. 22.  [EFFECTIVE DATE.] 
    Section 15 is effective the day after final enactment.  The 
remaining sections of this act are effective July 1, 1993. 
    Presented to the governor May 20, 1993 
    Signed by the governor May 24, 1993, 12:05 p.m.