Subdivision 1. Powers. The commissioner has all powers necessary to carry out the duties specified in section 174.632. In the exercise of those powers, the commissioner may:
(1) acquire by purchase, gift, or by eminent domain proceedings as provided by law, all land and property necessary to preserve future passenger rail corridors or to construct, maintain, and improve passenger rail corridors;
(2) let all necessary contracts as provided by law; and
(3) make agreements with and cooperate with any public or private entity, including Amtrak, to carry out statutory duties related to passenger rail.
Subd. 2. Consultation. The commissioner shall consult with metropolitan planning organizations and regional rail authorities in areas where passenger rail corridors are under consideration to ensure that passenger rail services are integrated with existing rail and transit services and other transportation facilities to provide as nearly as possible connected, efficient, and integrated services.
Subd. 3. Authority to contract; liability. (a) The commissioner, or a public entity contracting with the commissioner, may contract with a railroad as defined in Code of Federal Regulations, title 49, section 200.3(i), for the joint or shared use of the railroad's right-of-way or the construction, operation, or maintenance of rail track, facilities, or services for passenger rail purposes. Notwithstanding section 3.732, subdivision 1, clause (2), or 466.01, subdivision 6, sections 466.04 and 466.06 govern the liability of a Class I railroad and its employees arising from the joint or shared use of the railroad right-of-way or the provision of passenger rail construction, operation, or maintenance services pursuant to the contract. Notwithstanding any law to the contrary, a contract with a Class I railroad for any passenger rail service, or joint or shared use of the railroad's right-of-way, may also provide for the allocation of financial responsibility, indemnification, and the procurement of insurance for the parties for all types of claims or damages.
(b) State passenger rail operations or a contract entered into under this section shall be subject to the Federal Employers Liability Act, United States Code, title 45, section 51 et seq.; federal railroad safety laws under United States Code, title 49, section 20101 et seq.; the Railway Labor Act, United States Code, title 45, section 151 et seq.; and the Railroad Retirement Act, United States Code, title 45, section 231 et seq.
Subd. 4. Public hearings. The commissioner shall hold public hearings as required by federal requirements.
2009 c 36 art 3 s 18; 2013 c 127 s 52
Structure Minnesota Statutes
Chapters 160 - 174A — Transportation
Chapter 174 — Department Of Transportation
Section 174.01 — Creation; Policy.
Section 174.02 — Commissioner's Powers And Duties.
Section 174.03 — Duties Of Commissioner.
Section 174.04 — Financial Assistance; Applications; Disbursement.
Section 174.06 — Transfer Of Powers.
Section 174.10 — Proceedings Involving Carriers.
Section 174.11 — Property Acquisitions; Notice To County Auditor.
Section 174.12 — Transportation Economic Development Program.
Section 174.13 — Transportation Programming And Investment Committee.
Section 174.14 — Value Analysis Of Project; Policy.
Section 174.16 — Contract To Include Value Analysis Authorization.
Section 174.17 — Evaluation Of Value Engineering Proposals.
Section 174.18 — Advertisement Of Highway Contract.
Section 174.185 — Pavement Life-cycle Cost Analysis.
Section 174.186 — Disadvantaged Business Enterprise Collaborative.
Section 174.20 — Pavement Selection Guidelines.
Section 174.21 — Public Transit Assistance And Transportation Management; Purpose.
Section 174.23 — General Powers And Duties.
Section 174.24 — Public Transit Participation Program.
Section 174.247 — Annual Transit Report.
Section 174.255 — Paratransit Program; Accessibility; Insurance.
Section 174.256 — Park-and-ride Program.
Section 174.257 — Ride-sharing Program.
Section 174.27 — Public Employer Commuter Van Program.
Section 174.285 — Minnesota Council On Transportation Access.
Section 174.29 — Coordination Of Special Transportation Service.
Section 174.295 — Eligibility Certification; Penalty For Fraud.
Section 174.30 — Operating Standards For Special Transportation Service.
Section 174.315 — Special Transportation; Ambulance Service Prohibited.
Section 174.35 — Light Rail Transit.
Section 174.36 — Notice Of Studies Of High-speed Rail.
Section 174.38 — Active Transportation Program.
Section 174.40 — Safe Routes To School Program.
Section 174.42 — Transportation Alternatives Projects.
Section 174.45 — Public-private Partnerships; Joint Program Office.
Section 174.50 — Minnesota State Transportation Fund.
Section 174.51 — Minnesota State Transportation Bonds.
Section 174.52 — Local Road Improvement Fund.
Section 174.525 — Transportation Loan Pilot Program.
Section 174.53 — Department Of Transportation Efficiencies.
Section 174.57 — Snow And Ice Control; Appropriation.
Section 174.58 — State Road Construction Prior Appropriations.
Section 174.60 — Railroad Passenger Service Provided.
Section 174.62 — Authority To Enter Into Agreement.
Section 174.63 — Public Hearing; Notice.
Section 174.632 — Passenger Rail; Commissioner's Duties.
Section 174.634 — Passenger Rail; Funding.
Section 174.636 — Passenger Rail; Exercise Of Power.
Section 174.64 — Functions And Powers Relating To Carriers.
Section 174.65 — Carrier Hearings And Appeals.
Section 174.66 — Continuation Of Carrier Rules.
Section 174.70 — Public Safety Radio Communications.
Section 174.75 — Complete Streets.
Section 174.82 — Commuter Rail; Commissioner's Duties; Contracts.
Section 174.84 — Commuter Rail System Planning.
Section 174.86 — Commuter Rail Plan; Review.
Section 174.88 — Commuter Rail Funding.