HF 1971

1st Engrossment - 89th Legislature (2015 - 2016) Posted on 04/17/2015 10:14am

A bill for an act
relating to the Metropolitan Council; requiring approval before implementation
of the Thrive MSP 2040 metropolitan development guide; requiring revision after
local government input; providing for legislative approval of housing-related
plans and goals; allowing local governments to reject population and
demographic assumptions; amending Minnesota Statutes 2014, sections 473.145;
473.254, subdivisions 2, 3a; 473.857, subdivision 1.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

Minnesota Statutes 2014, section 473.145, is amended to read:

473.145 DEVELOPMENT GUIDE.

The Metropolitan Council shall prepare and adopt, after appropriate study and
such public hearings as may be necessary, a comprehensive development guide for the
metropolitan area. It shall consist of a compilation of policy statements, goals, standards,
programs, and maps prescribing guides for the orderly and economical development,
public and private, of the metropolitan area. The comprehensive development guide shall
recognize and encompass physical, social, or economic needs of the metropolitan area and
those future developments which will have an impact on the entire area including but not
limited to such matters as land use, parks and open space land needs, the necessity for
and location of airports, highways, transit facilities, public hospitals, libraries, schools,
and other public buildings. new text begin Notwithstanding any council action to adopt it, a plan or plan
element relating to housing does not take effect until a law is enacted approving the plan.
new text end

new text begin EFFECTIVE DATE; APPLICATION. new text end

new text begin This section is effective the day following
final enactment and applies to plans adopted before, on, or after that date. This section
applies in the counties of Anoka, Carver, Dakota, Hennepin, Ramsey, Scott, and
Washington.
new text end

Sec. 2.

Minnesota Statutes 2014, section 473.254, subdivision 2, is amended to read:

Subd. 2.

Affordable, life-cycle goals.

The council shall negotiate with each
municipality to establish affordable and life-cycle housing goals for that municipality that
are consistent with and promote the policies of the Metropolitan Council as provided in the
adopted Metropolitan Development Guide. The council shall adopt, by resolution after a
public hearing, the negotiated affordable and life-cycle housing goals for each municipality
by January 15, 1996, and by January 15 in each succeeding year for each municipality
newly electing to participate in the program or for each municipality with which new
housing goals have been negotiated. By June 30, 1996, and by June 30 in each succeeding
year for each municipality newly electing to participate in the program or for each
municipality with which new housing goals have been negotiated, each municipality shall
identify to the council the actions it plans to take to meet the established housing goals.

new text begin Beginning in 2016, the negotiated affordable and life-cycle housing goals for
each municipality must be submitted by January 15 each year to the chairs and ranking
minority members of the legislative committees with jurisdiction over the Metropolitan
Council and housing policy and finance, and may be adopted by the council only after
a law is enacted approving them or the legislature has adjourned its regular session for
that calendar year without taking any action on the matter.
new text end

new text begin EFFECTIVE DATE; APPLICATION. new text end

new text begin This section is effective the day following
final enactment and applies in the counties of Anoka, Carver, Dakota, Hennepin, Ramsey,
Scott, and Washington.
new text end

Sec. 3.

Minnesota Statutes 2014, section 473.254, subdivision 3a, is amended to read:

Subd. 3a.

Affordable, life-cycle housing opportunities amount.

(a) Each
municipality's "affordable and life-cycle housing opportunities amount" for that year
must be determined annually by the council using the method in this subdivision. The
affordable and life-cycle housing opportunities amount must be determined for each
calendar year for all municipalities in the metropolitan area.

(b) The council must allocate to each municipality its portion of the $1,000,000 of
the revenue generated by the levy authorized in section 473.249 which is credited to the
local housing incentives account pursuant to subdivision 5, paragraph (b). The allocation
must be made by determining the amount levied for and payable in each municipality in
the previous calendar year pursuant to the council levy in section 473.249 divided by the
total amount levied for and payable in the metropolitan area in the previous calendar year
pursuant to such levy and multiplying that result by $1,000,000.

(c) The council must also determine the amount levied for and payable in each
municipality in the previous calendar year pursuant to the council levy in section 473.253,
subdivision 1.

(d) A municipality's affordable and life-cycle housing opportunities amount for the
calendar year is the sum of the amounts determined under paragraphs (b) and (c).

new text begin (e) The council must report to the chairs and ranking minority members of the
legislative committees with jurisdiction over the Metropolitan Council and housing policy
and finance by March 15 each year the council's estimated amount under paragraph (d). The
legislature may approve, modify, or reject the amounts the council will use in paragraph (f).
If no law is enacted to approve, modify, or reject the amounts during the regular legislative
session for that calendar year, the council may proceed with its proposed amounts.
new text end

deleted text begin (e) deleted text end new text begin (f) new text end By August 1 of each year, the council must notify each municipality of its
affordable and life-cycle housing opportunities amount for the following calendar year
determined by the method in this subdivision.

new text begin EFFECTIVE DATE; APPLICATION. new text end

new text begin This section is effective the day following
final enactment and applies in the counties of Anoka, Carver, Dakota, Hennepin, Ramsey,
Scott, and Washington.
new text end

Sec. 4.

Minnesota Statutes 2014, section 473.857, subdivision 1, is amended to read:

Subdivision 1.

new text begin Population data challenges; new text end request for hearing.

new text begin (a) A local
government may, by resolution, reject the council's population and demographic
assumptions as they apply to the local government and are provided in the system statement.
The council must reconsider its population and demographic analysis with regard to that
local government, taking into account the basis for the rejection and any data provided by
the local government in its resolution, and provide the results to the local government.
new text end

new text begin (b) new text end If a local governmental unit and the council are unable to resolve disagreements
over the content of a system statement, the unit may by resolution request that a hearing be
conducted by the advisory committee or by the state Office of Administrative Hearings
for the purpose of considering amendments to the system statement. The request shall
be made by the unit within 60 days after receipt of the system statement and shall be
accompanied by a description of the disagreement together with specified proposed
amendments to the system statement. If no request for a hearing is received by the council
within 60 days, the statement shall be final.

new text begin EFFECTIVE DATE; APPLICATION. new text end

new text begin This section is effective the day following
final enactment and applies in the counties of Anoka, Carver, Dakota, Hennepin, Ramsey,
Scott, and Washington.
new text end

Sec. 5. new text begin THRIVE MSP 2040, REVISION REQUIRED.
new text end

new text begin (a) The Metropolitan Council must not implement the policy statements, goals,
standards, programs, and maps prescribing guides for the orderly and economical
development, public and private, of the metropolitan area, including specifically the
transportation, parks and open space, and housing policy plans and programs, in the
metropolitan development guide adopted by the Metropolitan Council on May 28, 2014,
known as Thrive MSP 2040, until a law is enacted approving a revised guide prepared as
required in paragraph (b).
new text end

new text begin (b) The Metropolitan Council must revise the metropolitan development guide so it
reflects a balance of regional and local goals for the orderly and economical development,
public and private, of the metropolitan area. The guide must be developed in close,
ongoing consultation and cooperation with the local governments in the region, and the
guide may not be submitted to the legislature for approval until at least 50 percent of the
counties and 50 percent of the statutory and home rule charter cities in the region have
adopted and submitted to the council resolutions in support of the proposed metropolitan
development guide.
new text end

new text begin EFFECTIVE DATE; APPLICATION. new text end

new text begin This section is effective the day following
final enactment and applies in the counties of Anoka, Carver, Dakota, Hennepin, Ramsey,
Scott, and Washington.
new text end