Bill Text: MN HF2625 | 2013-2014 | 88th Legislature | Introduced


Bill Title: Light rail transit projects municipal consent process amended.

Spectrum: Partisan Bill (Republican 3-0)

Status: (Introduced - Dead) 2014-03-03 - Introduction and first reading, referred to Transportation Policy [HF2625 Detail]

Download: Minnesota-2013-HF2625-Introduced.html

1.1A bill for an act
1.2relating to transportation; mass transit; amending municipal consent process for
1.3certain light rail transit projects;amending Minnesota Statutes 2012, sections
1.4473.399, subdivision 1; 473.3994, subdivisions 3, 4, 5, by adding a subdivision.
1.5BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

1.6    Section 1. Minnesota Statutes 2012, section 473.399, subdivision 1, is amended to read:
1.7    Subdivision 1. General requirements. (a) The council must identify in its
1.8transportation policy plan those heavily traveled corridors where development of a transit
1.9way may be feasible and cost-effective. Modes of providing service in a transit way may
1.10include bus rapid transit, light rail transit, commuter rail, or other available systems or
1.11technologies that improve transit service.
1.12    (b) After the completion of environmental studies and receipt of input from the
1.13governing body of each statutory and home rule charter city, county, and town in which a
1.14transit way is proposed to be constructed, the council must designate the locally preferred
1.15alternative transit mode with respect to the corridor.
1.16    (c) The council shall ensure that any light rail transit facilities that are designated as
1.17the locally preferred alternative and that are to be constructed in the metropolitan area will
1.18be acquired, developed, owned, and capable of operation in an efficient, cost-effective,
1.19and coordinated manner in coordination with buses and other transportation modes and
1.20facilities.
1.21    (d) Construction of light rail transit facilities in a particular transit corridor may not
1.22commence unless and until that mode is designated as the locally preferred alternative
1.23for that corridor by the council, and requirements under section 473.3994, subdivision
1.245a, are met.

2.1    Sec. 2. Minnesota Statutes 2012, section 473.3994, subdivision 3, is amended to read:
2.2    Subd. 3. Preliminary design plans; hearings and local approval. At least 30 days
2.3 (a) Before the hearing under subdivision 2, the responsible authority shall submit the
2.4physical design component of the preliminary design plans to the governing body of each
2.5statutory and home rule charter city, county, and town in which the route is proposed to be
2.6located. The Within 60 days of submission of the preliminary design plans, and following
2.7public notice of at least 30 days, each statutory and home rule charter city, county, or town
2.8shall hold a public hearing, at which the responsible authority shall present the physical
2.9design component of the preliminary design plans.
2.10    (b) Within 45 days after the hearing under subdivision 2 90 days of a hearing
2.11under paragraph (a), the city, county, or town shall review and approve or disapprove the
2.12 preliminary design plans for the route to be located in the city, county, or town in writing.
2.13A local unit of government that disapproves the plans shall describe specific amendments
2.14to the plans that, if adopted, would cause the local unit of government to withdraw its
2.15disapproval. Failure to approve or disapprove the plans in writing within 45 days after the
2.16hearing the time period is deemed to be approval, unless an extension of time is agreed to
2.17by the city, county, or town and the responsible authority.
2.18(c) Following disapproval under this subdivision by one or more local units of
2.19government, the responsible authority shall (1) resubmit amended preliminary design
2.20plans, (2) prepare final design plans with amendments identified by the local unit of
2.21government, or (3) decide not to proceed with the project. Upon resubmission of amended
2.22preliminary design plans, each local unit of government shall follow the procedures under
2.23paragraphs (a) and (b).

2.24    Sec. 3. Minnesota Statutes 2012, section 473.3994, subdivision 4, is amended to read:
2.25    Subd. 4. Preliminary design plans; council hearing and review. If the governing
2.26body of one or more cities, counties, or towns disapproves the preliminary design plans
2.27within the period allowed under subdivision 3, the council shall may hold a hearing on
2.28the plans, giving the commissioner of transportation, if the responsible authority, any
2.29disapproving local governmental units, and other persons an opportunity to present their
2.30views on the plans. The council may conduct independent study as it deems desirable and
2.31may mediate and attempt to resolve disagreements about the plans. Within 60 days after
2.32the hearing, the council shall review the plans and shall decide what amendments to the
2.33plans, if any, must be made to accommodate the objections presented by the disapproving
2.34local governmental units. Amendments to the plans as decided by the council must be
2.35made before continuing the planning and designing process.

3.1    Sec. 4. Minnesota Statutes 2012, section 473.3994, subdivision 5, is amended to read:
3.2    Subd. 5. Final design plans; hearings and local approval. (a) If any of the
3.3following applies, the responsible authority shall submit the physical design component of
3.4the final design plans to the governing body of each statutory and home rule charter city,
3.5county, and town in which the route is proposed to be located:
3.6    (1) the final design plans incorporate a substantial change from the preliminary
3.7design plans with respect to location, length, or termini of routes; general dimension,
3.8elevation, or alignment of routes and crossings; location of tracks above ground, below
3.9ground, or at ground level; or station locations, before beginning construction, the
3.10responsible authority shall submit the changed component of the final design plans to
3.11the governing body of each statutory and home rule city, county, and town in which the
3.12changed component is proposed to be located.; or
3.13    (2) a local unit of government disapproved the preliminary design plans under
3.14subdivision 3, following any resubmission if applicable.
3.15(b) Within 60 days of submission of the final design plans, and following public
3.16notice of at least 30 days, each statutory and home rule charter city, county, or town
3.17shall hold a public hearing, at which the responsible authority shall present the physical
3.18design component of the final design plans.
3.19    (c) Within 60 days after the submission of the plans 90 days of a hearing under
3.20paragraph (b), the city, county, or town shall review and approve or disapprove the
3.21changed component located in the city, county, or town final design plans in writing. A
3.22local unit of government that disapproves the change shall describe specific amendments
3.23to the plans that, if adopted, would cause the local unit of government to withdraw its
3.24disapproval. Failure to approve or disapprove the changed plans in writing within the time
3.25period is deemed to be approval, unless an extension is agreed to by the city, county, or
3.26town and the responsible authority.
3.27    (b) If the governing body of one or more cities, counties, or towns disapproves the
3.28changed plans within the period allowed under paragraph (a), the council shall review
3.29the final design plans under the same procedure and with the same effect as provided in
3.30subdivision 4 for preliminary design plans.
3.31(d) Following disapproval under this subdivision by one or more local units of
3.32government, the responsible authority shall (1) resubmit amended final design plans, or (2)
3.33decide not to proceed with the project. Upon resubmission of amended final design plans,
3.34each local unit of government shall follow the procedures under paragraphs (b) and (c).

4.1    Sec. 5. Minnesota Statutes 2012, section 473.3994, is amended by adding a subdivision
4.2to read:
4.3    Subd. 5a. Municipal consent for construction. The responsible authority may not
4.4commence construction on light rail transit facilities under sections 473.3993 to 473.3997
4.5unless each statutory or home rule charter city, county, and town in which the route is
4.6proposed to be located approves the design plans as required under subdivision 3 and, if
4.7applicable, subdivision 5.

4.8    Sec. 6. EFFECTIVE DATE; APPLICATION.
4.9This act is effective the day following final enactment, and applies to a project in
4.10preliminary engineering, or final design, on or after that date. This act applies in the
4.11counties of Anoka, Carver, Dakota, Hennepin, Ramsey, Scott, and Washington.
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