Minnesota 2025-2026 Regular Session

Minnesota Senate Bill SF1468 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	1.1 A bill for an act
2	2	1.2 relating to transportation; requiring local approval for commercial and intercity
3	3	1.3 rail projects; modifying certain duties of commissioner of transportation; amending
4	4	1.4 Minnesota Statutes 2024, sections 174.82; 174.84, subdivision 2; 174.86,
5	5	1.5 subdivisions 1, 2, 3, 4; proposing coding for new law in Minnesota Statutes, chapter
6	6	1.6 174.
7	7	1.7BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
8	8	1.8 Section 1. [174.81] LOCAL APPROVAL OF COMMUTER RAIL PROJECTS
9	9	1.9REQUIRED.
10	10	1.10 (a) Before any intercity or commuter rail project may commence planning, development,
11	11	1.11or construction, the commissioner must receive approval from each statutory and home rule
12	12	1.12charter city, county, or town in which a proposed commuter rail project is to be located.
13	13	1.13The local unit of government's approval of the commuter rail project must actively affirm
14	14	1.14the project and enable the commissioner to begin development of an advanced corridor plan
15	15	1.15under the requirements of section 174.86.
16	16	1.16 (b) The approval of the commissioner's commuter rail plan by a local unit of government
17	17	1.17must either be:
18	18	1.18 (1) a formal resolution adopted by the governing body of the local government; or
19	19	1.19 (2) voted on at the next general election and, if approved by a majority of those voting
20	20	1.20on the question, becomes effective following the final canvass of the election.
21	21	1Section 1.
22	22	25-02150 as introduced01/23/25 REVISOR KRB/ES
23	23	SENATE
24	24	STATE OF MINNESOTA
25	25	S.F. No. 1468NINETY-FOURTH SESSION
26	26	(SENATE AUTHORS: DRAZKOWSKI)
27	27	OFFICIAL STATUSD-PGDATE
28	28	Introduction and first reading02/17/2025
29	29	Referred to Transportation 2.1 Sec. 2. Minnesota Statutes 2024, section 174.82, is amended to read:
30	30	2.2 174.82 COMMUTER RAIL; COMMISSIONER'S DUTIES; CONTRACTS.
31	31	2.3 The planning, development, construction, operation, and maintenance of commuter rail
32	32	2.4track, facilities, and services are governmental functions, serve a public purpose, and are a
33	33	2.5matter of public necessity. Upon approval of a project that reflects the needs and preferences
34	34	2.6of local communities, the commissioner shall be is responsible for all aspects of planning,
35	35	2.7developing, constructing, operating, and maintaining commuter rail, including system
36	36	2.8planning, advanced corridor planning, preliminary engineering, final design, construction,
37	37	2.9negotiating with railroads, and developing financial and operating plans. The commissioner
38	38	2.10may enter into a memorandum of understanding or agreement with a public or private entity,
39	39	2.11including a regional railroad authority, a joint powers board, and a railroad, to carry out
40	40	2.12these activities. The commissioner, or public entity contracting with the commissioner, may
41	41	2.13contract with a railroad that is a Class I railroad under federal law for the joint or shared
42	42	2.14use of the railroad's right-of-way or the construction, operation, or maintenance of rail track,
43	43	2.15facilities, or services for commuter rail purposes. Notwithstanding section 3.732, subdivision
44	44	2.161, clause (2), or section 466.01, subdivision 6, sections 466.04 and 466.06 govern the liability
45	45	2.17of the Class I railroad and its employees arising from the joint or shared use of the railroad
46	46	2.18right-of-way or the provision of commuter rail construction, operation, or maintenance
47	47	2.19services pursuant to the contract. Notwithstanding any law to the contrary, a contract with
48	48	2.20the Class I railroad for any commuter rail service, or joint or shared use of the railroad's
49	49	2.21right-of-way, may also provide for the allocation of financial responsibility, indemnification,
50	50	2.22and the procurement of insurance for the parties for all types of claims or damages. A
51	51	2.23contract entered into under this section does not affect rights of employees under the federal
52	52	2.24Employers' Liability Act, United States Code, title 45, section 51 et seq., or the federal
53	53	2.25Railway Labor Act, United States Code, title 45, section 151 et seq.
54	54	2.26 Sec. 3. Minnesota Statutes 2024, section 174.84, subdivision 2, is amended to read:
55	55	2.27 Subd. 2.Approval of commuter rail system plan.The commuter rail system plan must
56	56	2.28be approved by each statutory and home rule charter city, county, and town and metropolitan
57	57	2.29planning organizations in areas in which commuter rail will be located before the
58	58	2.30commissioner may begin final design of commuter rail facilities. Following approval of the
59	59	2.31plan under the requirements of section 174.81 for local units of government, the
60	60	2.32commissioner shall must act in conformity with the plan. The commissioner shall must
61	61	2.33ensure that final design plans are consistent with the commuter rail plan.
62	62	2Sec. 3.
63	63	25-02150 as introduced01/23/25 REVISOR KRB/ES 3.1 Sec. 4. Minnesota Statutes 2024, section 174.86, subdivision 1, is amended to read:
64	64	3.2 Subdivision 1.Advanced corridor plan; public hearing.Upon approval of the
65	65	3.3commuter rail plan by each statutory and home rule charter city, county, and town in which
66	66	3.4the route is to be located as required in section 174.81 and before a final design plan is
67	67	3.5prepared for commuter rail facilities, the commissioner must hold a public hearing on the
68	68	3.6physical design component of the advanced corridor plan. The commissioner must provide
69	69	3.7appropriate public notice of the hearing and publicity to ensure that affected parties have
70	70	3.8an opportunity to present their views at the hearing. The commissioner shall must summarize
71	71	3.9the proceedings and testimony and maintain the record of a hearing held under this
72	72	3.10subdivision, including any written statements submitted.
73	73	3.11 Sec. 5. Minnesota Statutes 2024, section 174.86, subdivision 2, is amended to read:
74	74	3.12 Subd. 2.Physical design component; local participation.At least 30 days before the
75	75	3.13hearing under subdivision 1, the commissioner shall submit the physical design component
76	76	3.14of the advanced corridor plan to the governing body of each statutory and home rule charter
77	77	3.15city, county, and town in which the route is to be located. (a) Upon approval of the commuter
78	78	3.16rail location by each statutory and home rule charter city, county, and town in which the
79	79	3.17commuter rail project is to be located as provided in section 174.81, the commissioner must
80	80	3.18submit the physical design component of the advanced corridor plan to each approving local
81	81	3.19unit of government at least 30 days before the hearing under subdivision 1.
82	82	3.20 (b) Within 45 days after the hearing under subdivision 1, the city, county, or town shall
83	83	3.21in which the commuter rail project is located must:
84	84	3.22 (1) review and comment on the advanced corridor plan. Within 45 days of the hearing,
85	85	3.23a city or town shall approve or disapprove the location and design of the station to be located
86	86	3.24in the city or town. and provide either its approval or disapproval; and
87	87	3.25 (2) approve or disapprove the location and design of the commuter rail station to be
88	88	3.26located in the city or town.
89	89	3.27 (c) A city or town that disapproves shall a plan under paragraph (b) must describe specific
90	90	3.28amendments to the plan that, if adopted, would cause the city or town to withdraw its
91	91	3.29disapproval.
92	92	3.30 (d) Failure to comment in writing within 45 days after the hearing is deemed to be
93	93	3.31accepted an approval unless an extension of time is agreed to by the metropolitan planning
94	94	3.32organization and local unit of government and the commissioner of transportation. The
95	95	3.33commissioner may not proceed with modifications to the advanced corridor plan or any
96	96	3Sec. 5.
97	97	25-02150 as introduced01/23/25 REVISOR KRB/ES 4.1other final design plan component until each statutory and home rule charter city, county,
98	98	4.2and town in which the route is to be located submits specific amendments to the plan or its
99	99	4.3approval to the commissioner.
100	100	4.4 Sec. 6. Minnesota Statutes 2024, section 174.86, subdivision 3, is amended to read:
101	101	4.5 Subd. 3.Modification of advanced corridor plan.After the hearing under subdivision
102	102	4.61, and after the receipt of comment specific amendments by a local unit of government
103	103	4.7under subdivision 2, the commissioner may must modify the advanced corridor plan.
104	104	4.8 Sec. 7. Minnesota Statutes 2024, section 174.86, subdivision 4, is amended to read:
105	105	4.9 Subd. 4.Advanced corridor plan; metropolitan planning organization review.Upon
106	106	4.10approval of the commuter rail plan by each statutory and home rule charter city, county,
107	107	4.11and town in which the commuter rail component is to be located as provided in section
108	108	4.12174.81 and before constructing commuter rail facilities, the commissioner shall must submit
109	109	4.13the advanced corridor plan to each metropolitan planning organization in which the route
110	110	4.14is to be located. The metropolitan planning organization shall must hold a hearing on the
111	111	4.15plan allowing the commissioner, local governmental units, and other persons to present
112	112	4.16their views as to whether the plan is consistent with the metropolitan planning organization's
113	113	4.17development guide. Within 60 days after the hearing, the metropolitan planning organization
114	114	4.18shall must review the plan submitted by the commissioner to determine whether it is
115	115	4.19consistent with the development guide. If the plan is consistent with the development guide,
116	116	4.20the metropolitan planning organization shall must approve it. If the plan is not consistent
117	117	4.21with the development guide, the metropolitan planning organization shall must submit to
118	118	4.22the commissioner proposed amendments to the plan to make it consistent with the
119	119	4.23development guide. The commissioner must not continue development of the advanced
120	120	4.24corridor plan or the final design plan until it receives approval or proposed amendments
121	121	4.25from the metropolitan planning organization. The commissioner shall must incorporate the
122	122	4.26proposed amendments into the final design plan.
123	123	4Sec. 7.
124	124	25-02150 as introduced01/23/25 REVISOR KRB/ES