as introduced - 81st Legislature (1999 - 2000) Posted on 12/15/2009 12:00am
1.1 A bill for an act 1.2 relating to metropolitan government; abolishing the 1.3 metropolitan council, the metropolitan parks and open 1.4 space commission, the metropolitan sports facilities 1.5 commission, and the metropolitan radio board; 1.6 transferring regional transit financing and operations 1.7 to the commissioner of transportation; establishing 1.8 the metropolitan wastewater control commission; 1.9 transferring ownership and operation of the 1.10 metropolitan sports facilities to the city of 1.11 Minneapolis, or in the alternative, to the Minnesota 1.12 amateur sports commission; transferring the powers and 1.13 duties of the metropolitan radio board to the 1.14 commissioner of transportation; transferring housing 1.15 programs to the housing finance agency; appropriating 1.16 money; amending Minnesota Statutes 1998, sections 1.17 3.9741, subdivision 1; 4A.02; 13.55, subdivision 1; 1.18 15.0597, subdivision 1; 15.0599, subdivision 1; 1.19 15A.0815, subdivision 3; 16B.122, subdivision 1; 1.20 65B.43, subdivision 20; 85.015, subdivision 14; 1.21 85.016; 85.017; 103B.155; 103B.231, subdivisions 3a, 1.22 7, 8, and 11; 103B.235, subdivision 3; 103B.255, 1.23 subdivisions 8, 9, and 12; 103D.401, subdivisions 1, 1.24 2, 3, 4, and 5; 103D.405, subdivisions 3, 4, 5, and 6; 1.25 103F.715; 103F.721; 103F.761, subdivision 1; 103G.293; 1.26 115.54; 115A.471; 116.16, subdivision 2; 116.182, 1.27 subdivision 1; 116D.04, subdivision 1a; 116G.03, 1.28 subdivision 5; 116G.15; 116J.401; 116J.402; 116J.565, 1.29 subdivision 1; 116M.14, subdivision 4; 116M.15, 1.30 subdivision 1; 117.57, subdivision 3; 124D.892, 1.31 subdivision 1; 134.201, subdivision 5; 145A.02, 1.32 subdivision 16; 145A.09, subdivision 6; 160.265, 1.33 subdivision 1; 161.17, subdivision 2; 161.171, 1.34 subdivision 5; 161.173; 161.174; 162.09, subdivision 1.35 4; 169.781, subdivision 1; 169.791, subdivision 5; 1.36 169.792, subdivision 11; 174.03, subdivisions 1, 4, 5, 1.37 and 6a; 174.031, subdivision 3; 174.04, subdivisions 1 1.38 and 2; 174.32, subdivision 2; 174.50, subdivision 4; 1.39 216C.15, subdivision 1; 221.031, subdivision 3a; 1.40 221.295; 240.06, subdivision 2; 240A.08; 270.12, 1.41 subdivision 3; 275.065, subdivisions 3 and 6b; 1.42 275.066; 275.14; 275.62, subdivision 3; 275.70, 1.43 subdivision 4; 340A.404, subdivision 1; 340A.504, 1.44 subdivision 1; 352.01, subdivisions 2a and 2b; 352.04, 1.45 subdivision 6; 352D.02, subdivision 1; 353.64, 1.46 subdivision 7a; 383A.81, subdivision 3; 383B.81, 2.1 subdivision 3; 403.07, subdivision 1; 414.02, 2.2 subdivision 3; 414.031, subdivision 4; 422A.01, 2.3 subdivision 9; 422A.101, subdivision 2a; 462A.04, 2.4 subdivision 1; 462A.07, subdivision 11; 462A.222, 2.5 subdivision 4; 462C.04, subdivisions 2, 3, and 4; 2.6 462C.071, subdivision 2; 465.797, subdivision 3; 2.7 465.798; 465.799; 465.801; 465.82, subdivision 1; 2.8 465.83; 469.071, subdivision 4; 469.174, subdivision 2.9 26; 471.425, subdivision 1; 471.591, subdivision 1; 2.10 471.9997; 471A.02, subdivision 8; 473.121, 2.11 subdivisions 2, 5a, 6, 10, 14, and 24; 473.142; 2.12 473.1425; 473.143; 473.144; 473.145; 473.146, 2.13 subdivisions 1, 3, 4, and by adding subdivisions; 2.14 473.147; 473.149, subdivision 3; 473.151; 473.157; 2.15 473.166; 473.167, subdivisions 2 and 2a; 473.168, 2.16 subdivision 2; 473.192, subdivisions 2 and 3; 473.223; 2.17 473.25; 473.253; 473.254; 473.301, subdivisions 2 and 2.18 4; 473.313; 473.315, subdivision 1; 473.334, 2.19 subdivision 1; 473.341; 473.351; 473.375, subdivisions 2.20 9, 11, 12, 13, 14, and 15; 473.382; 473.384; 473.385, 2.21 subdivisions 1 and 2; 473.386, subdivisions 1, 2, 2a, 2.22 3, 4, 5, and 6; 473.387, subdivisions 2, 3, and 4; 2.23 473.391; 473.3915, subdivisions 3 and 4; 473.392; 2.24 473.3994, subdivisions 5, 7, 9, and 13; 473.3997; 2.25 473.405, subdivisions 1, 3, 4, 5, 9, 10, 12, and 15; 2.26 473.4051; 473.407, subdivisions 1, 3, 4, and 5; 2.27 473.408, subdivisions 1, 2, 2a, 2b, 4, 6, and 7; 2.28 473.409; 473.411, subdivision 5; 473.415, subdivision 2.29 1; 473.416; 473.42; 473.448; 473.449; 473.504; 2.30 473.505; 473.511; 473.512, subdivision 1; 473.513; 2.31 473.515; 473.5155, subdivisions 1 and 3; 473.516; 2.32 473.517, subdivisions 1, 3, and 6; 473.519; 473.521; 2.33 473.523; 473.541; 473.542; 473.543; 473.545; 473.547; 2.34 473.549; 473.551, subdivision 9; 473.556, subdivisions 2.35 4, 5, 6, 11, 12, and 14; 473.601, by adding a 2.36 subdivision; 473.602; 473.604, subdivision 1; 473.608, 2.37 subdivision 19; 473.611, subdivision 5; 473.621, 2.38 subdivision 6; 473.638; 473.64; 473.655; 473.667, 2.39 subdivision 8; 473.8011; 473.834, subdivision 2; 2.40 473.891, subdivisions 2 and 7; 473.894, subdivisions 2.41 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 15, 19, 20, 2.42 21, 22, 23, and 24; 473.897, subdivisions 1, 2, and 4; 2.43 473.901, subdivisions 2 and 3; 473.902, subdivisions 2.44 1, 2, 3, 4, and 5; 473.904, subdivisions 1, 3, and 4; 2.45 473.905, subdivision 2; 473.910, subdivision 3; 2.46 473F.02, subdivisions 7 and 8; 473F.08, subdivisions 5 2.47 and 7a; 473F.13; 473H.04, subdivision 3; 473H.06, 2.48 subdivision 5; 477A.011, subdivision 3; and 572A.02, 2.49 subdivision 5; Minnesota Statutes 1999 Supplement, 2.50 sections 6.76; 10A.01, subdivisions 24, 31, 32, and 2.51 35; 13.491; 13.612; 15.50, subdivision 2; 16B.42, 2.52 subdivision 1; 47.52; 114C.25; 115.741, subdivision 2; 2.53 115A.52; 116.182, subdivision 3a; 174.90; 221.022; 2.54 352.03, subdivision 1; 373.40, subdivision 1; 398A.04, 2.55 subdivisions 1, 2, and 9; 473.1466; 473.251; 473.255; 2.56 473.399; 473.3994, subdivisions 4 and 10; 473H.06, 2.57 subdivision 1; and 473H.08, subdivision 4; proposing 2.58 coding for new law in Minnesota Statutes, chapter 473; 2.59 repealing Minnesota Statutes 1998, sections 103B.235, 2.60 subdivision 3a; 115A.03, subdivision 19; 174.22, 2.61 subdivision 3; 403.07, subdivision 2; 462.382; 2.62 462C.071, subdivision 4; 465.795, subdivision 3; 2.63 473.121, subdivisions 3, 8, and 12; 473.123; 473.125; 2.64 473.127; 473.129, subdivisions 1, 2, 3, 4, 5, 6, 7, 9, 2.65 and 10; 473.1295; 473.13; 473.132; 473.1455; 473.1465; 2.66 473.155; 473.1551; 473.156; 473.1623; 473.164; 2.67 473.167, subdivisions 3 and 4; 473.171; 473.173; 2.68 473.175; 473.181; 473.191; 473.194; 473.195; 473.197; 2.69 473.199; 473.201; 473.206; 473.208; 473.23; 473.241; 2.70 473.242; 473.243; 473.244; 473.245; 473.247; 473.249; 2.71 473.252; 473.303; 473.315, subdivision 2; 473.325; 3.1 473.326; 473.333; 473.388; 473.39, subdivisions 1, 1a, 3.2 1b, 1c, 1d, 1e, 1f, 2, and 4; 473.3915, subdivisions 5 3.3 and 6; 473.411, subdivisions 3 and 4; 473.436; 3.4 473.446; 473.517, subdivision 9; 473.535; 473.551, 3.5 subdivisions 2, 3, 4, 5, 6, 7, 8, 10, 11, 12, 13, 14, 3.6 15, 16, and 17; 473.552; 473.553; 473.556, 3.7 subdivisions 1, 2, 3, 7, 8, 9, 10, 13, 16, and 17; 3.8 473.561; 473.564; 473.565; 473.572; 473.581; 473.592; 3.9 473.595; 473.596; 473.598; 473.599; 473.616; 473.618; 3.10 473.619; 473.851; 473.852; 473.853; 473.854; 473.856; 3.11 473.857; 473.858; 473.859; 473.86; 473.861; 473.862; 3.12 473.863; 473.864; 473.865; 473.866; 473.867; 473.868; 3.13 473.869; 473.87; 473.871; 473.893; 473.894, 3.14 subdivisions 14, 16, 17, and 18; 473.895; 473.896; 3.15 473.897, subdivision 3; 473.898, subdivisions 1, 2, 3.16 and 4; 473.899; 473.900; 473.903; 473F.02, subdivision 3.17 21; and 473F.08, subdivision 3b; Minnesota Statutes 3.18 1999 Supplement, sections 473.129, subdivision 8; 3.19 473.39, subdivision 1g; and 473.898, subdivision 3. 3.20 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 3.21 ARTICLE 1 3.22 METROPOLITAN COUNCIL ABOLISHED 3.23 Section 1. Minnesota Statutes 1998, section 4A.02, is 3.24 amended to read: 3.25 4A.02 [STATE DEMOGRAPHER.] 3.26 (a) The director shall appoint a state demographer. The 3.27 demographer must be professionally competent in demography and 3.28 must possess demonstrated ability based upon past performance. 3.29 (b) The demographer shall: 3.30 (1) continuously gather and develop demographic data 3.31 relevant to the state; 3.32 (2) design and test methods of research and data 3.33 collection; 3.34 (3) periodically prepare population projections for the 3.35 state and designated regions and periodically prepare 3.36 projections for each county or other political subdivision of 3.37 the state as necessary to carry out the purposes of this 3.38 section; 3.39 (4) review, comment on, and prepare analysis of population 3.40 estimates and projections made by state agencies, political 3.41 subdivisions, other states, federal agencies, or nongovernmental 3.42 persons, institutions, or commissions; 3.43 (5) serve as the state liaison with the United States 3.44 Bureau of the Census, coordinate state and federal demographic 3.45 activities to the fullest extent possible, and aid the 4.1 legislature in preparing a census data plan and form for each 4.2 decennial census; 4.3 (6) compile an annual study of population estimates on the 4.4 basis of county, regional, or other political or geographical 4.5 subdivisions as necessary to carry out the purposes of this 4.6 section and section 4A.03; 4.7 (7) by January 1 of each year, issue a report to the 4.8 legislature containing an analysis of the demographic 4.9 implications of the annual population study and population 4.10 projections; 4.11 (8) prepare maps for all counties in the state, all 4.12 municipalities with a population of 10,000 or more, and other 4.13 municipalities as needed for census purposes, according to scale 4.14 and detail recommended by the United States Bureau of the 4.15 Census, with the maps of cities showing precinct boundaries; 4.16 (9) prepare an estimate of population and of the number of 4.17 households for each governmental subdivisionfor which the4.18metropolitan council does not prepare an annual estimate,and 4.19 convey the estimates to the governing body of each political 4.20 subdivision by May 1 of each year; 4.21 (10) direct, under section 414.01, subdivision 14, and 4.22 certify population and household estimates of annexed or 4.23 detached areas of municipalities or towns after being notified 4.24 of the order or letter of approval by the Minnesota municipal 4.25 board; and 4.26 (11) prepare, for any purpose for which a population 4.27 estimate is required by law or needed to implement a law, a 4.28 population estimate of a municipality or town whose population 4.29 is affected by action under section 379.02 or 414.01, 4.30 subdivision 14. 4.31 (c) A governing body may challenge an estimate made under 4.32 paragraph (b) by filing their specific objections in writing 4.33 with the state demographer by June 10. If the challenge does 4.34 not result in an acceptable estimate by June 24, the governing 4.35 body may have a special census conducted by the United States 4.36 Bureau of the Census. The political subdivision must notify the 5.1 state demographer by July 1 of its intent to have the special 5.2 census conducted. The political subdivision must bear all costs 5.3 of the special census. Results of the special census must be 5.4 received by the state demographer by the next April 15 to be 5.5 used in that year's May 1 estimate to the political subdivision 5.6 under paragraph (b). 5.7 Sec. 2. Minnesota Statutes 1999 Supplement, section 6.76, 5.8 is amended to read: 5.9 6.76 [LOCAL GOVERNMENTAL EXPENDITURES FOR LOBBYISTS.] 5.10 (a) On or before January 31 of each year, all counties, 5.11 cities, school districts, metropolitan agencies, and regional 5.12 railroad authorities, and the metropolitan councilshall report 5.13 to the state auditor, on forms prescribed by the auditor, their 5.14 estimated expenditures paid for the previous calendar year to a 5.15 lobbyist as defined in section 10A.01, subdivision 20, except 5.16 payments to associations of local governments that are reported 5.17 under paragraph (b), and to any staff person not registered as a 5.18 lobbyist, over 25 percent of whose time is spent during the 5.19 legislative session on legislative matters. 5.20 (b) Associations of local governments subject to this 5.21 section shall report annually, on or before January 31, to the 5.22 state auditor and the association's members the proportionate 5.23 amount of each member's dues spent for lobbying purposes. 5.24 Sec. 3. Minnesota Statutes 1999 Supplement, section 5.25 10A.01, subdivision 24, is amended to read: 5.26 Subd. 24. [METROPOLITAN GOVERNMENTAL UNIT.] "Metropolitan 5.27 governmental unit" means any of the seven counties in the 5.28 metropolitan area as defined in section 473.121, subdivision 2, 5.29 a regional railroad authority established by one or more of 5.30 those counties under section 398A.03, a city with a population 5.31 of over 50,000 located in the seven-county metropolitan area,5.32the metropolitan council,or a metropolitan agency as defined in 5.33 section 473.121, subdivision 5a. 5.34 Sec. 4. Minnesota Statutes 1999 Supplement, section 5.35 10A.01, subdivision 31, is amended to read: 5.36 Subd. 31. [POLITICAL SUBDIVISION.] "Political subdivision" 6.1 meansthe metropolitan council,a metropolitan agency as defined 6.2 in section 473.121, subdivision 5a, or a municipality as defined 6.3 in section 471.345, subdivision 1. 6.4 Sec. 5. Minnesota Statutes 1999 Supplement, section 6.5 10A.01, subdivision 32, is amended to read: 6.6 Subd. 32. [POPULATION.] "Population" means the population 6.7 established by the most recent federal census, by a special 6.8 census taken by the United States Bureau of the Census, by an6.9estimate made by the metropolitan council,or by an estimate 6.10 made by the state demographer under section 4A.02, whichever has 6.11 the latest stated date of count or estimate. 6.12 Sec. 6. Minnesota Statutes 1999 Supplement, section 6.13 10A.01, subdivision 35, is amended to read: 6.14 Subd. 35. [PUBLIC OFFICIAL.] "Public official" means any: 6.15 (1) member of the legislature; 6.16 (2) individual employed by the legislature as secretary of 6.17 the senate, legislative auditor, chief clerk of the house, 6.18 revisor of statutes, or researcher, legislative analyst, or 6.19 attorney in the office of senate counsel and research or house 6.20 research; 6.21 (3) constitutional officer in the executive branch and the 6.22 officer's chief administrative deputy; 6.23 (4) solicitor general or deputy, assistant, or special 6.24 assistant attorney general; 6.25 (5) commissioner, deputy commissioner, or assistant 6.26 commissioner of any state department or agency as listed in 6.27 section 15.01 or 15.06; 6.28 (6) member, chief administrative officer, or deputy chief 6.29 administrative officer of a state board or commission that has 6.30 either the power to adopt, amend, or repeal rules, or the power 6.31 to adjudicate contested cases or appeals; 6.32 (7) individual employed in the executive branch who is 6.33 authorized to adopt, amend, or repeal rules or adjudicate 6.34 contested cases; 6.35 (8) executive director of the state board of investment; 6.36 (9) deputy of any official listed in clauses (7) and (8); 7.1 (10) judge of the workers' compensation court of appeals; 7.2 (11) administrative law judge or compensation judge in the 7.3 state office of administrative hearings or referee in the 7.4 department of economic security; 7.5 (12)member, regional administrator, division director,7.6general counsel, or operations manager of the metropolitan7.7council;7.8(13)member or chief administrator of a metropolitan 7.9 agency; 7.10(14)(13) director of the division of alcohol and gambling 7.11 enforcement in the department of public safety; 7.12(15)(14) member or executive director of the higher 7.13 education facilities authority; 7.14(16)(15) member of the board of directors or president of 7.15 the Minnesota world trade center corporation or Minnesota 7.16 Technology, Inc.; or 7.17(17)(16) member of the board of directors or executive 7.18 director of the Minnesota state high school league. 7.19 Sec. 7. Minnesota Statutes 1999 Supplement, section 7.20 13.491, is amended to read: 7.21 13.491 [RIDESHARE DATA.] 7.22 The following data on participants, collected by the 7.23 Minnesota department of transportationand the metropolitan7.24councilto administer rideshare programs, are classified as 7.25 private under section 13.02, subdivision 12: residential 7.26 address and telephone number; beginning and ending work hours; 7.27 current mode of commuting to and from work; and type of 7.28 rideshare service information requested. 7.29 Sec. 8. Minnesota Statutes 1999 Supplement, section 7.30 13.612, is amended to read: 7.31 13.612 [MUNICIPAL UTILITY CUSTOMER DATA.] 7.32 Data on customers of municipal electric utilities are 7.33 private data on individuals or nonpublic data, but may be 7.34 released to: 7.35 (1) a law enforcement agency that requests access to the 7.36 data in connection with an investigation; 8.1 (2) a school for purposes of compiling pupil census data; 8.2 (3)the metropolitan council for use in studies or analyses8.3required by law;8.4(4)a public child support authority for purposes of 8.5 establishing or enforcing child support; or 8.6(5)(4) a person where use of the data directly advances 8.7 the general welfare, health, or safety of the public; the 8.8 commissioner of administration may issue advisory opinions 8.9 construing this clause pursuant to section 13.072. 8.10 Sec. 9. Minnesota Statutes 1998, section 15.0597, 8.11 subdivision 1, is amended to read: 8.12 Subdivision 1. [DEFINITIONS.] As used in this section, the 8.13 following terms shall have the meanings given them. 8.14 (a) "Agency" means (1) a state board, commission, council, 8.15 committee, authority, task force, including an advisory task 8.16 force created under section 15.014 or 15.0593, a group created 8.17 by executive order of the governor, or other similar multimember 8.18 agency created by law and having statewide jurisdiction; and (2) 8.19the metropolitan council,a metropolitan agency, capitol area 8.20 architectural and planning board, and any agency with a regional 8.21 jurisdiction created in this state pursuant to an interstate 8.22 compact. 8.23 (b) "Vacancy" or "vacant agency position" means (1) a 8.24 vacancy in an existing agency, or (2) a new, unfilled agency 8.25 position. Vacancy includes a position that is to be filled 8.26 through appointment of a nonlegislator by a legislator or group 8.27 of legislators; vacancy does not mean (1) a vacant position on 8.28 an agency composed exclusively of persons employed by a 8.29 political subdivision or another agency, or (2) a vacancy to be 8.30 filled by a person required to have a specific title or position. 8.31 (c) "Secretary" means the secretary of state. 8.32 Sec. 10. Minnesota Statutes 1998, section 15.0599, 8.33 subdivision 1, is amended to read: 8.34 Subdivision 1. [APPLICABILITY.] For purposes of this 8.35 section, the following terms shall have the meanings given them. 8.36 (a) "Agency" means: 9.1 (1) a state board, commission, council, committee, 9.2 authority, task force, including an advisory task force 9.3 established under section 15.014 or 15.0593, other multimember 9.4 agency, however designated, established by statute or order and 9.5 having statewide jurisdiction; 9.6 (2)the metropolitan council established by section9.7473.123,a metropolitan agency as defined in section 473.121, 9.8 subdivision 5a, or a multimember body, however designated, 9.9 appointed bythe metropolitan council ora metropolitan agency 9.10 if the membership includes at least one person who is not a 9.11 member ofthe council orthe agency; 9.12 (3) a multimember body whose members are appointed by the 9.13 legislature if the body has at least one nonlegislative member; 9.14 and 9.15 (4) any other multimember body established by law with at 9.16 least one appointed member, without regard to the appointing 9.17 authority. 9.18 (b) "Secretary" means the secretary of state. 9.19 Sec. 11. Minnesota Statutes 1999 Supplement, section 9.20 15.50, subdivision 2, is amended to read: 9.21 Subd. 2. [CAPITOL AREA PLAN.] (a) The board shall prepare, 9.22 prescribe, and from time to time, after a public hearing, amend 9.23 a comprehensive use plan for the capitol area, called the area 9.24 in this subdivision, which consists of that portion of the city 9.25 of Saint Paul comprehended within the following boundaries: 9.26 Beginning at the point of intersection of the center line of the 9.27 Arch-Pennsylvania freeway and the center line of Marion Street, 9.28 thence southerly along the center line of Marion Street extended 9.29 to a point 50 feet south of the south line of Concordia Avenue, 9.30 thence southeasterly along a line extending 50 feet from the 9.31 south line of Concordia Avenue to a point 125 feet from the west 9.32 line of John Ireland Boulevard, thence southwesterly along a 9.33 line extending 125 feet from the west line of John Ireland 9.34 Boulevard to the south line of Dayton Avenue, thence 9.35 northeasterly from the south line of Dayton Avenue to the west 9.36 line of John Ireland Boulevard, thence northeasterly to the 10.1 center line of the intersection of Old Kellogg Boulevard and 10.2 Summit Avenue, thence northeasterly along the center line of 10.3 Summit Avenue to the center line of the new West Kellogg 10.4 Boulevard, thence southerly along the east line of the new West 10.5 Kellogg Boulevard, to the east line of the right-of-way of 10.6 Interstate Highway 35-E, thence northeasterly along the east 10.7 line of the right-of-way of Interstate Highway 35-E to the south 10.8 line of the right-of-way of Interstate Highway 94, thence 10.9 easterly along the south line of the right-of-way of Interstate 10.10 Highway 94 to the west line of St. Peter Street, thence 10.11 southerly to the south line of Exchange Street, thence easterly 10.12 along the south line of Exchange Street to the west line of 10.13 Cedar Street, thence northerly along the west line of Cedar 10.14 Street to the center line of Tenth Street, thence northeasterly 10.15 along the center line of Tenth Street to the center line of 10.16 Minnesota Street, thence northwesterly along the center line of 10.17 Minnesota Street to the center line of Eleventh Street, thence 10.18 northeasterly along the center line of Eleventh Street to the 10.19 center line of Jackson Street, thence northwesterly along the 10.20 center line of Jackson Street to the center line of the 10.21 Arch-Pennsylvania freeway extended, thence westerly along the 10.22 center line of the Arch-Pennsylvania freeway extended and Marion 10.23 Street to the point of origin. 10.24 Under the comprehensive plan, or a portion of it, the board 10.25 may regulate, by means of zoning rules adopted under the 10.26 Administrative Procedure Act, the kind, character, height, and 10.27 location, of buildings and other structures constructed or used, 10.28 the size of yards and open spaces, the percentage of lots that 10.29 may be occupied, and the uses of land, buildings and other 10.30 structures, within the area. To protect and enhance the 10.31 dignity, beauty, and architectural integrity of the capitol 10.32 area, the board is further empowered to include in its zoning 10.33 rules design review procedures and standards with respect to any 10.34 proposed construction activities in the capitol area 10.35 significantly affecting the dignity, beauty, and architectural 10.36 integrity of the area. No person may undertake these 11.1 construction activities as defined in the board's rules in the 11.2 capitol area without first submitting construction plans to the 11.3 board, obtaining a zoning permit from the board, and receiving a 11.4 written certification from the board specifying that the person 11.5 has complied with all design review procedures and standards. 11.6 Violation of the zoning rules is a misdemeanor. The board may, 11.7 at its option, proceed to abate any violation by injunction. 11.8 The board and the city of Saint Paul shall cooperate in assuring 11.9 that the area adjacent to the capitol area is developed in a 11.10 manner that is in keeping with the purpose of the board and the 11.11 provisions of the comprehensive plan. 11.12 (b) The commissioner of administration shall act as a 11.13 consultant to the board with regard to the physical structural 11.14 needs of the state. The commissioner shall make studies and 11.15 report the results to the board when it requests reports for its 11.16 planning purpose. 11.17 (c) No public building, street, parking lot, or monument, 11.18 or other construction may be built or altered on any public 11.19 lands within the area unless the plans for the project conform 11.20 to the comprehensive use plan as specified in paragraph (d) and 11.21 to the requirement for competitive plans as specified in 11.22 paragraph (e). No alteration substantially changing the 11.23 external appearance of any existing public building approved in 11.24 the comprehensive plan or the exterior or interior design of any 11.25 proposed new public building the plans for which were secured by 11.26 competition under paragraph (e) may be made without the prior 11.27 consent of the board. The commissioner of administration shall 11.28 consult with the board regarding internal changes having the 11.29 effect of substantially altering the architecture of the 11.30 interior of any proposed building. 11.31 (d) The comprehensive plan must show the existing land uses 11.32 and recommend future uses including: areas for public taking 11.33 and use; zoning for private land and criteria for development of 11.34 public land, including building areas, open spaces, monuments, 11.35 and other memorials; vehicular and pedestrian circulation; 11.36 utilities systems; vehicular storage; elements of landscape 12.1 architecture. No substantial alteration or improvement may be 12.2 made to public lands or buildings in the area without the 12.3 written approval of the board. 12.4 (e) The board shall secure by competitions plans for any 12.5 new public building. Plans for any comprehensive plan, 12.6 landscaping scheme, street plan, or property acquisition that 12.7 may be proposed, or for any proposed alteration of any existing 12.8 public building, landscaping scheme or street plan may be 12.9 secured by a similar competition. A competition must be 12.10 conducted under rules prescribed by the board and may be of any 12.11 type which meets the competition standards of the American 12.12 Institute of Architects. Designs selected become the property 12.13 of the state of Minnesota, and the board may award one or more 12.14 premiums in each competition and may pay the costs and fees that 12.15 may be required for its conduct. At the option of the board, 12.16 plans for projects estimated to cost less than $1,000,000 may be 12.17 approved without competition provided the plans have been 12.18 considered by the advisory committee described in paragraph 12.19 (h). Plans for projects estimated to cost less than $400,000 12.20 and for construction of streets need not be considered by the 12.21 advisory committee if in conformity with the comprehensive plan. 12.22 (f) Notwithstanding paragraph (e), an architectural 12.23 competition is not required for the design of any light rail 12.24 transit station and alignment within the capitol area. The 12.25 board and its advisory committee shall select a preliminary 12.26 design for any transit station in the capitol area. Each stage 12.27 of any station's design through working drawings must be 12.28 reviewed by the board's advisory committee and approved by the 12.29 board to ensure that the station's design is compatible with the 12.30 comprehensive plan for the capitol area and the board's design 12.31 criteria. The guideway and track design of any light rail 12.32 transit alignment within the capitol area must also be reviewed 12.33 by the board's advisory committee and approved by the board. 12.34 (g) Of the amount available for the light rail transit 12.35 design, adequate funds must be available to the board for design 12.36 framework studies and review of preliminary plans for light rail 13.1 transit alignment and stations in the capitol area. 13.2 (h) The board may not adopt any plan under paragraph (e) 13.3 unless it first receives the comments and criticism of an 13.4 advisory committee of three persons, each of whom is either an 13.5 architect or a planner, who have been selected and appointed as 13.6 follows: one by the board of the arts, one by the board, and 13.7 one by the Minnesota Society of the American Institute of 13.8 Architects. Members of the committee may not be contestants 13.9 under paragraph (e). The comments and criticism must be a 13.10 matter of public information. The committee shall advise the 13.11 board on all architectural and planning matters. For that 13.12 purpose, the committee must be kept currently informed 13.13 concerning, and have access to, all data, including all plans, 13.14 studies, reports and proposals, relating to the area as the data 13.15 are developed or in the process of preparation, whether by the 13.16 commissioner of administration, the commissioner of trade and 13.17 economic development,the metropolitan council,the city of 13.18 Saint Paul, or by any architect, planner, agency or 13.19 organization, public or private, retained by the board or not 13.20 retained and engaged in any work or planning relating to the 13.21 area, and a copy of any data prepared by any public employee or 13.22 agency must be filed with the board promptly upon completion. 13.23 The board may employ stenographic or technical help that 13.24 may be reasonable to assist the committee to perform its duties. 13.25 When so directed by the board, the committee may serve as, 13.26 and any member or members of the committee may serve on, the 13.27 jury or as professional advisor for any architectural 13.28 competition, and the board shall select the architectural 13.29 advisor and jurors for any competition with the advice of the 13.30 committee. 13.31 The city of Saint Paul shall advise the board. 13.32 (i) The comprehensive plan for the area must be developed 13.33 and maintained in close cooperation with the commissioner of 13.34 trade and economic development, the planning department and the 13.35 council for the city of Saint Paul, and the board of the arts, 13.36 and no plan or amendment of a plan may be effective without 90 14.1 days' notice to the planning department of the city of Saint 14.2 Paul and the board of the arts and without a public hearing with 14.3 opportunity for public testimony. 14.4 (j) The board and the commissioner of administration, 14.5 jointly, shall prepare, prescribe, and from time to time revise 14.6 standards and policies governing the repair, alteration, 14.7 furnishing, appearance, and cleanliness of the public and 14.8 ceremonial areas of the state capitol building. The board shall 14.9 consult with and receive advice from the director of the 14.10 Minnesota state historical society regarding the historic 14.11 fidelity of plans for the capitol building. The standards and 14.12 policies developed under this paragraph are binding upon the 14.13 commissioner of administration. The provisions of chapter 14, 14.14 including section 14.386, do not apply to this paragraph. 14.15 (k) The board in consultation with the commissioner of 14.16 administration shall prepare and submit to the legislature and 14.17 the governor no later than October 1 of each even-numbered year 14.18 a report on the status of implementation of the comprehensive 14.19 plan together with a program for capital improvements and site 14.20 development, and the commissioner of administration shall 14.21 provide the necessary cost estimates for the program. The board 14.22 shall report any changes to the comprehensive plan adopted by 14.23 the board to the committee on governmental operations and 14.24 gambling of the house of representatives and the committee on 14.25 governmental operations and reform of the senate and upon 14.26 request shall provide testimony concerning the changes. The 14.27 board shall also provide testimony to the legislature on 14.28 proposals for memorials in the capitol area as to their 14.29 compatibility with the standards, policies, and objectives of 14.30 the comprehensive plan. 14.31 (l) The state shall, by the attorney general upon the 14.32 recommendation of the board and within appropriations available 14.33 for that purpose, acquire by gift, purchase, or eminent domain 14.34 proceedings any real property situated in the area described in 14.35 this section, and it may also acquire an interest less than a 14.36 fee simple interest in the property, if it finds that the 15.1 property is needed for future expansion or beautification of the 15.2 area. 15.3 (m) The board is the successor of the state veterans 15.4 service building commission, and as such may adopt rules and may 15.5 reenact the rules adopted by its predecessor under Laws 1945, 15.6 chapter 315, and amendments to it. 15.7 (n) The board shall meet at the call of the chair and at 15.8 such other times as it may prescribe. 15.9 (o) The commissioner of administration shall assign 15.10 quarters in the state veterans service building to (1) the 15.11 department of veterans affairs, of which a part that the 15.12 commissioner of administration and commissioner of veterans 15.13 affairs may mutually determine must be on the first floor above 15.14 the ground, and (2) the American Legion, Veterans of Foreign 15.15 Wars, Disabled American Veterans, Military Order of the Purple 15.16 Heart, United Spanish War Veterans, and Veterans of World War I, 15.17 and their auxiliaries, incorporated, or when incorporated, under 15.18 the laws of the state, and (3) as space becomes available, to 15.19 other state departments and agencies as the commissioner may 15.20 deem desirable. 15.21 Sec. 12. Minnesota Statutes 1998, section 15A.0815, 15.22 subdivision 3, is amended to read: 15.23 Subd. 3. [GROUP II SALARY LIMITS.] The salaries for 15.24 positions in this subdivision may not exceed 75 percent of the 15.25 salary of the governor: 15.26 Ombudsman for corrections; 15.27 Executive director of gambling control board; 15.28 Commissioner, iron range resources and rehabilitation 15.29 board; 15.30 Commissioner, bureau of mediation services; 15.31 Ombudsman for mental health and retardation; 15.32Chair, metropolitan council;15.33 Executive director of pari-mutuel racing; 15.34 Executive director, public employees retirement 15.35 association; 15.36 Commissioner, public utilities commission; 16.1 Executive director, state retirement system; and 16.2 Executive director, teachers retirement association. 16.3 Sec. 13. Minnesota Statutes 1998, section 16B.122, 16.4 subdivision 1, is amended to read: 16.5 Subdivision 1. [DEFINITIONS.] The definitions in this 16.6 subdivision apply to this section. 16.7 (a) "Copier paper" means paper purchased for use in copying 16.8 machines. 16.9 (b) "Office paper" means notepads, loose-leaf fillers, 16.10 tablets, and other paper commonly used in offices. 16.11 (c) "Postconsumer material" means a finished material that 16.12 would normally be discarded as a solid waste, having completed 16.13 its life cycle as a consumer item. 16.14 (d) "Practicable" means capable of being used, consistent 16.15 with performance, in accordance with applicable specifications, 16.16 and availability within a reasonable time. 16.17 (e) "Printing paper" means paper designed for printing, 16.18 other than newsprint, such as offset and publication paper. 16.19 (f) "Public entity" means the state, an office, agency, or 16.20 institution of the state,the metropolitan council,a 16.21 metropolitan agency, the metropolitan mosquito control district, 16.22 the legislature, the courts, a county, a statutory or home rule 16.23 charter city, a town, a school district, another special taxing 16.24 district, or any contractor acting pursuant to a contract with a 16.25 public entity. 16.26 (g) "Soy-based ink" means printing ink made from soy oil. 16.27 (h) "Uncoated" means not coated with plastic, clay, or 16.28 other material used to create a glossy finish. 16.29 Sec. 14. Minnesota Statutes 1999 Supplement, section 16.30 16B.42, subdivision 1, is amended to read: 16.31 Subdivision 1. [COMPOSITION.] The intergovernmental 16.32 information systems advisory council is composed of (1) two 16.33 members from each of the following groups: counties outside of 16.34 the seven-county metropolitan area, cities of the second and 16.35 third class outside the metropolitan area, cities of the second 16.36 and third class within the metropolitan area, and cities of the 17.1 fourth class; (2) one member from each of the following groups: 17.2the metropolitan council,an outstate regional body, counties 17.3 within the metropolitan area, cities of the first class, school 17.4 districts in the metropolitan area, school districts outside the 17.5 metropolitan area, and public libraries; (3) one member each 17.6 appointed by the state departments of children, families, and 17.7 learning, human services, revenue, and economic security, the 17.8 office of strategic and long-range planning, administration, and 17.9 the legislative auditor; (4) one member from the office of the 17.10 state auditor, appointed by the auditor; (5) one member 17.11 appointed by each of the following organizations: League of 17.12 Minnesota Cities, Association of Minnesota Counties, Minnesota 17.13 Association of Township Officers, and Minnesota Association of 17.14 School Administrators; and (6) one member of the house of 17.15 representatives appointed by the speaker and one member of the 17.16 senate appointed by the subcommittee on committees of the 17.17 committee on rules and administration. The legislative members 17.18 appointed under clause (6) are nonvoting members. The 17.19 commissioner of administration shall appoint members under 17.20 clauses (1) and (2). The terms, compensation, and removal of 17.21 the appointed members of the advisory council are as provided in 17.22 section 15.059, but the council does not expire until June 30, 17.23 2000. 17.24 Sec. 15. Minnesota Statutes 1999 Supplement, section 17.25 47.52, is amended to read: 17.26 47.52 [AUTHORIZATION.] 17.27 (a) With the prior approval of the commissioner, any bank 17.28 doing business in this state may establish and maintain detached 17.29 facilities provided the facilities are located within: (1) the 17.30 municipality in which the principal office of the applicant bank 17.31 is located; or (2) 5,000 feet of its principal office measured 17.32 in a straight line from the closest points of the closest 17.33 structures involved; or (3) a municipality in which no bank is 17.34 located at the time of application; or (4) a municipality having 17.35 a population of more than 10,000; or (5) a municipality having a 17.36 population of 10,000 or less, as determined by the commissioner 18.1 from the latest available data from the state demographer,or18.2for municipalities located in the seven-county metropolitan area18.3from the metropolitan council,and all the banks having a 18.4 principal office in the municipality have consented in writing 18.5 to the establishment of the facility. 18.6 (b) A detached facility shall not be closer than 50 feet to 18.7 a detached facility operated by any other bank and shall not be 18.8 closer than 100 feet to the principal office of any other bank, 18.9 the measurement to be made in the same manner as provided 18.10 above. This paragraph shall not be applicable if the proximity 18.11 to the facility or the bank is waived in writing by the other 18.12 bank and filed with the application to establish a detached 18.13 facility. 18.14 (c) A bank is allowed, in addition to other facilities, 18.15 part-time deposit-taking locations at elementary and secondary 18.16 schools located within the municipality in which the main 18.17 banking house or a detached facility is located if they are 18.18 established in connection with student education programs 18.19 approved by the school administration and consistent with safe, 18.20 sound banking practices. 18.21 (d) In addition to other facilities, a bank may operate 18.22 part-time locations at nursing homes and senior citizen housing 18.23 facilities located within the municipality in which the main 18.24 banking house or a detached facility is located, if they are 18.25 operated in a manner consistent with safe, sound banking 18.26 practices. 18.27 Sec. 16. Minnesota Statutes 1998, section 65B.43, 18.28 subdivision 20, is amended to read: 18.29 Subd. 20. "Political subdivision" means any statutory or 18.30 home rule charter city; county; town; school district;or18.31metropolitan council, board orcommission; or metropolitan 18.32 agency operating under chapter 473. 18.33 Sec. 17. Minnesota Statutes 1998, section 85.015, 18.34 subdivision 14, is amended to read: 18.35 Subd. 14. [STATE TRAIL, CHISAGO, RAMSEY, AND WASHINGTON 18.36 COUNTIES.] (a) The trail shall originate at the state capitol 19.1 and shall extend northerly and northeasterly to William O'Brien 19.2 state park, thence northerly to Taylors Falls in Chisago county, 19.3 and there terminate. 19.4 (b) The trail shall be developed primarily for hiking and 19.5 nonmotorized riding. 19.6 (c) In addition to the authority granted in Minnesota 19.7 Statutes, section 85.015, subdivision 1, lands and interests in 19.8 lands for the trail may be acquired by eminent domain. 19.9 (d) The commissioner of natural resources, after consulting 19.10 with all local units of government affected by the trail, and 19.11 with the commissioner of transportation and themetropolitan19.12counciloffice of strategic and long-range planning, shall 19.13 prepare a master plan for the trail. After completion of the 19.14 master plan, any land or interest in land not needed for the 19.15 trail may be disposed of by the commissioner of natural 19.16 resources as follows: 19.17 (1) by transfer to the department of transportation, the 19.18 historical society, or another state agency; 19.19 (2) by sale at not less than the purchase price to a city, 19.20 town, school district, park district, or other political 19.21 subdivision whose boundaries include or are adjacent to the 19.22 land, for public purposes only, after written notice to each of 19.23 these political subdivisions; or 19.24 (3) if no offer to purchase is received from any political 19.25 subdivision within one year after the completion of the master 19.26 plan, then by public sale, at not less than the purchase price, 19.27 upon notice published in the manner provided in section 92.14, 19.28 and otherwise in the same manner as trust fund lands are sold, 19.29 so far as applicable. 19.30 All proceeds derived from sales of unneeded land and 19.31 interest in land shall be deposited in the state bond fund. For 19.32 the purposes of United States Code, title 23, section 138, and 19.33 title 49, section 1653(f), any land or interest in land not 19.34 needed for the trail and transferred to another state agency, or 19.35 sold, does not constitute permanent park, recreation area, or 19.36 wildlife or waterfowl refuge facility land. 20.1 Sec. 18. Minnesota Statutes 1998, section 85.016, is 20.2 amended to read: 20.3 85.016 [BICYCLE TRAIL PROGRAM.] 20.4 The commissioner of natural resources shall establish a 20.5 program for the development of bicycle trails utilizing the 20.6 state trails authorized by section 85.015, other state parks and 20.7 recreation land, and state forests. "Bicycle trail," as used in 20.8 this section, has the meaning given in section 169.01. The 20.9 program shall be coordinated with the local park trail grant 20.10 program established by the commissioner pursuant to section 20.11 85.019, with the bikeway program established by the commissioner 20.12 of transportation pursuant to section 160.265, and with existing 20.13 and proposed local bikeways.In the metropolitan area as20.14defined in section 473.121, the program shall be developed in20.15accordance with plans and priorities established by the20.16metropolitan council.The commissioner shall provide technical 20.17 assistance to local units of government in planning and 20.18 developing bicycle trails in local parks. The bicycle trail 20.19 program shall, as a minimum, describe the location, design, 20.20 construction, maintenance, and land acquisition needs of each 20.21 component trail and shall give due consideration to the model 20.22 standards for the establishment of recreational vehicle lanes 20.23 promulgated by the commissioner of transportation pursuant to 20.24 section 160.262. The program shall be developed after 20.25 consultation with the state trail council and regional and local 20.26 units of government and bicyclist organizations. 20.27 Sec. 19. Minnesota Statutes 1998, section 85.017, is 20.28 amended to read: 20.29 85.017 [TRAIL REGISTRY.] 20.30 The commissioner of natural resources shall compile and 20.31 maintain a current registry of cross-country skiing, hiking, 20.32 horseback riding and snowmobiling trails in the state and shall 20.33 publish and distribute the information in the manner prescribed 20.34 in section 86A.11. Themetropolitan council, thecommissioner 20.35 of trade and economic development, the Minnesota historical 20.36 society, and local units of government shall cooperate with and 21.1 assist the commissioner in preparing the registry. 21.2 Sec. 20. Minnesota Statutes 1998, section 103B.155, is 21.3 amended to read: 21.4 103B.155 [STATE WATER AND RELATED LAND RESOURCE PLAN.] 21.5 The commissioner of natural resources, in cooperation with 21.6 other state and federal agencies, regional development 21.7 commissions,the metropolitan council,local governmental units, 21.8 and citizens, shall prepare a statewide framework and assessment 21.9 water and related land resources plan for presentation to the 21.10 legislature by November 15, 1975, for its review and approval or 21.11 disapproval. This plan must relate each of the programs of the 21.12 department of natural resources for specific aspects of water 21.13 management to the others. The statewide plan must include: 21.14 (1) regulation of improvements and land development by 21.15 abutting landowners of the beds, banks, and shores of lakes, 21.16 streams, watercourses, and marshes by permit or otherwise to 21.17 preserve them for beneficial use; 21.18 (2) regulation of construction of improvements on and 21.19 prevention of encroachments in the flood plains of the rivers, 21.20 streams, lakes, and marshes of the state; 21.21 (3) reclamation or filling of wet and overflowed lands; 21.22 (4) repair, improvement, relocation, modification or 21.23 consolidation in whole or in part of previously established 21.24 public drainage systems within the state; 21.25 (5) preservation of wetland areas; 21.26 (6) management of game and fish resources as related to 21.27 water resources; 21.28 (7) control of water weeds; 21.29 (8) control or alleviation of damages by flood waters; 21.30 (9) alteration of stream channels for conveyance of surface 21.31 waters, navigation, and any other public purposes; 21.32 (10) diversion or changing of watercourses in whole or in 21.33 part; 21.34 (11) regulation of the flow of streams and conservation of 21.35 their waters; 21.36 (12) regulation of lake water levels; 22.1 (13) maintenance of water supply for municipal, domestic, 22.2 industrial, recreational, agricultural, aesthetic, wildlife, 22.3 fishery, or other public use; 22.4 (14) sanitation and public health and regulation of uses of 22.5 streams, ditches, or watercourses to dispose of waste and 22.6 maintain water quality; 22.7 (15) preventive or remedial measures to control or 22.8 alleviate land and soil erosion and siltation of affected 22.9 watercourses or bodies of water; 22.10 (16) regulation of uses of water surfaces; and 22.11 (17) identification of high priority regions for wetland 22.12 preservation, enhancement, restoration, and establishment. 22.13 Sec. 21. Minnesota Statutes 1998, section 103B.231, 22.14 subdivision 3a, is amended to read: 22.15 Subd. 3a. [PRIORITY SCHEDULE.] (a) The board of water and 22.16 soil resources in consultation with the state review agencies 22.17and the metropolitan councilshall develop a priority schedule 22.18 for the revision of plans required under this chapter. 22.19 (b) The prioritization should be based on but not be 22.20 limited to status of current plan, scheduled revision dates, 22.21 anticipated growth and development, existing and potential 22.22 problems, and regional water quality goals and priorities. 22.23 (c) The schedule will be used by the board of water and 22.24 soil resources in consultation with the state review agencies 22.25and the metropolitan councilto direct watershed management 22.26 organizations of when they will be required to revise their 22.27 plans. 22.28 (d) Upon notification from the board of water and soil 22.29 resources that a revision of a plan is required, a watershed 22.30 management organization shall have 24 months from the date of 22.31 notification to revise and submit a plan for review. 22.32 (e) In the event that a plan expires prior to notification 22.33 from the board of water and soil resources under this section, 22.34 the existing plan, authorities, and official controls of a 22.35 watershed management organization shall remain in full force and 22.36 effect until a revision is approved. 23.1 (f) A one-year extension to submit a revised plan may be 23.2 granted by the board. 23.3 (g) Watershed management organizations submitting plans and 23.4 draft plan amendments for review prior to the board's priority 23.5 review schedule, may proceed to adopt and implement the plan 23.6 revisions without formal board approval if the board fails to 23.7 adjust its priority review schedule for plan review, and 23.8 commence its statutory review process within 45 days of 23.9 submittal of the plan revision or amendment. 23.10 Sec. 22. Minnesota Statutes 1998, section 103B.231, 23.11 subdivision 7, is amended to read: 23.12 Subd. 7. [REVIEW OF THE DRAFT PLAN.] (a) Upon completion 23.13 of the plan but before final adoption by the organization, the 23.14 organization must submit the draft plan for a 60-day review and 23.15 comment period to all counties,the metropolitan council,the 23.16 state review agencies, the board of water and soil resources, 23.17 soil and water conservation districts, towns, and statutory and 23.18 home rule charter cities having territory within the watershed. 23.19 A local government unit that expects that substantial amendment 23.20 of its local comprehensive plan will be necessary to bring local 23.21 water management into conformance with the watershed plan must 23.22 describe as specifically as possible, within its comments, the 23.23 amendments to the local plan that it expects will be necessary. 23.24 If the county has a groundwater plan, the county must review and 23.25 comment on the consistency of the watershed plan with the county 23.26 groundwater plan. Differences among local governmental agencies 23.27 regarding the plan must be mediated.Notwithstanding sections23.28103D.401, 103D.405, and 473.165, the council shall review the23.29plan in the same manner and with the same authority and effect23.30as provided for the council's review of the comprehensive plans23.31of local government units under section 473.175. The council23.32shall comment on the apparent conformity with metropolitan23.33system plans of any anticipated amendments to local23.34comprehensive plans. The council shall advise the board of23.35water and soil resources on whether the plan conforms with the23.36management objectives and target pollution loads stated in the24.1council's water resources plan and shall recommend changes in24.2the plan that would satisfy the council's plan.24.3 (b) The watershed management organization must respond in 24.4 writing to any concerns expressed by the review agencies within 24.5 30 days of receipt thereof. 24.6 (c) The watershed management organization must hold a 24.7 public hearing on the draft plan no sooner than 30 days and no 24.8 later than 45 days after the 60-day review period of the draft 24.9 plan. The board or boards of the affected counties shall 24.10 approve or disapprove projects in the capital improvement 24.11 program which may require the provision of county funds pursuant 24.12 to section 103B.251 or 103D.901, subdivision 2. Each county has 24.13 up until the date of the public hearing on the draft plan to 24.14 complete its review of the capital improvement program. If the 24.15 county fails to complete its review within the prescribed 24.16 period, unless an extension is agreed to by the organization the 24.17 program shall be deemed approved. If the watershed extends into 24.18 more than one county and one or more counties disapprove of all 24.19 or part of a capital improvement program while the other county 24.20 or counties approve, the program shall be submitted to the board 24.21 of water and soil resources for review pursuant to subdivision 9. 24.22 Sec. 23. Minnesota Statutes 1998, section 103B.231, 24.23 subdivision 8, is amended to read: 24.24 Subd. 8. [REVIEW BYMETROPOLITAN COUNCIL ANDSTATE REVIEW 24.25 AGENCIES.] After completion of the review under subdivision 7, 24.26 the draft plan, any amendments thereto, all written comments 24.27 received on the plan, a record of the public hearing, and a 24.28 summary of changes incorporated as a result of the review 24.29 process shall be submitted tothe metropolitan council,the 24.30 state review agencies, and the board of water and soil resources 24.31 for final review. The state review agencies shall review and 24.32 comment on the consistency of the plan with state laws and rules 24.33 relating to water and related land resources. The state review 24.34 agencies shall forward their comments within 45 days after they 24.35 receive the final review draft of the plan to the board. A 24.36 state review agency may request and receive up to a 30-day 25.1 extension of this review period from the board. 25.2 Sec. 24. Minnesota Statutes 1998, section 103B.231, 25.3 subdivision 11, is amended to read: 25.4 Subd. 11. [AMENDMENTS.] To the extent and in the manner 25.5 required by the adopted plan, all amendments to the adopted plan 25.6 shall be submitted to the towns, cities, county,the25.7metropolitan council,the state review agencies, and the board 25.8 of water and soil resources for review in accordance with the 25.9 provisions of subdivisions 7, 8, and 9. Amendments necessary to 25.10 revise the plan to be consistent with the county groundwater 25.11 plan, as required by subdivision 4, must be submitted for review 25.12 in accordance with subdivisions 7, 8, and 9. Minor amendments 25.13 to a plan shall be reviewed in accordance with standards 25.14 prescribed in the watershed management plan. 25.15 Sec. 25. Minnesota Statutes 1998, section 103B.235, 25.16 subdivision 3, is amended to read: 25.17 Subd. 3. [REVIEW.] After consideration but before adoption 25.18 by the governing body, each local unit shall submit its water 25.19 management plan to the watershed management organization for 25.20 review for consistency with the watershed plan adopted pursuant 25.21 to section 103B.231. If the county or counties having territory 25.22 within the local unit have a state-approved and locally adopted 25.23 groundwater plan, the local unit shall submit its plan to the 25.24 county or counties for review. The county or counties have 45 25.25 days to review and comment on the plan. The organization shall 25.26 approve or disapprove the local plan or parts of the plan. The 25.27 organization shall have 60 days to complete its review;25.28provided, however, that the watershed management organization25.29shall, as part of its review, take into account the comments25.30submitted to it by the metropolitan council pursuant to25.31subdivision 3a. If the organization fails to complete its 25.32 review within the prescribed period, the local plan shall be 25.33 deemed approved unless an extension is agreed to by the local 25.34 unit. 25.35 Sec. 26. Minnesota Statutes 1998, section 103B.255, 25.36 subdivision 8, is amended to read: 26.1 Subd. 8. [REVIEW OF THE DRAFT PLAN.] (a) Upon completion 26.2 of the groundwater plan but before final adoption by the county, 26.3 the county shall submit the draft plan for a 60-day review and 26.4 comment period to adjoining counties,the metropolitan council,26.5 the state review agencies, the board of water and soil 26.6 resources, each soil and water conservation district, town, 26.7 statutory and home rule charter city, and watershed management 26.8 organization having territory within the county. The county 26.9 also shall submit the plan to any other county or watershed 26.10 management organization or district in the affected groundwater 26.11 system that could affect or be affected by implementation of the 26.12 plan. Any political subdivision or watershed management 26.13 organization that expects that substantial amendment of its 26.14 plans would be necessary in order to bring them into conformance 26.15 with the county groundwater plan shall describe as specifically 26.16 as possible, within its comments, the amendments that it expects 26.17 would be necessary and the cost of amendment and 26.18 implementation. Reviewing entities have 60 days to review and 26.19 comment. Differences among local governmental agencies 26.20 regarding the plan must be mediated.Notwithstanding sections26.21103D.401, 103D.405, and 473.165, the council shall review the26.22plan in the same manner and with the same authority and effect26.23as provided in section 473.175 for review of the comprehensive26.24plans of local government units. The council shall comment on26.25the apparent conformity with metropolitan system plans of any26.26anticipated amendments to watershed plans and local26.27comprehensive plans. The council shall advise the board of26.28water and soil resources on whether the plan conforms with the26.29management objectives stated in the council's water resources26.30plan and shall recommend changes in the plan that would satisfy26.31the council's plan.26.32 (b) The county must respond in writing to any concerns 26.33 expressed by the reviewing agencies within 30 days of receipt 26.34 thereof. 26.35 (c) The county shall hold a public hearing on the draft 26.36 plan no sooner than 30 days and no later than 45 days after the 27.1 60-day review period of the draft plan. 27.2 Sec. 27. Minnesota Statutes 1998, section 103B.255, 27.3 subdivision 9, is amended to read: 27.4 Subd. 9. [REVIEW BYMETROPOLITAN COUNCIL ANDSTATE 27.5 AGENCIES.] After completion of the review under subdivision 8, 27.6 the draft plan, any amendments thereto, all written comments 27.7 received on the plan, a record of the public hearing, and a 27.8 summary of changes incorporated as part of the review process 27.9 must be submitted tothe metropolitan council,the state review 27.10 agencies, and the board of water and soil resources for final 27.11 review. The state review agencies shall review and comment on 27.12 the consistency of the plan with state laws and rules relating 27.13 to water and related land resources. The state review agencies 27.14 shall forward their comments to the board within 45 days after 27.15 they receive the final review draft of the plan. A state review 27.16 agency may request and receive up to a 30-day extension of this 27.17 review period from the board. 27.18 Sec. 28. Minnesota Statutes 1998, section 103B.255, 27.19 subdivision 12, is amended to read: 27.20 Subd. 12. [AMENDMENTS.] To the extent and in the manner 27.21 required by the adopted plan, all amendments to the adopted plan 27.22 must be submitted to the towns, cities, counties,the27.23metropolitan council,the state review agencies, and the board 27.24 of water and soil resources for review in accordance with the 27.25 provisions of subdivisions 8 to 10. 27.26 Sec. 29. Minnesota Statutes 1998, section 103D.401, 27.27 subdivision 1, is amended to read: 27.28 Subdivision 1. [CONTENTS.] (a) The managers must adopt a 27.29 watershed management plan for any or all of the purposes for 27.30 which a watershed district may be established. The watershed 27.31 management plan must give a narrative description of existing 27.32 water and water-related problems within the watershed district, 27.33 possible solutions to the problems, and the general objectives 27.34 of the watershed district. The watershed management plan must 27.35 also conform closely with watershed management plan guidelines 27.36 as adopted and amended from time to time by the board of water 28.1 and soil resources. 28.2 (b) The watershed management plan may include a separate 28.3 section on proposed projects.If the watershed district is28.4within the metropolitan area, the separate section of proposed28.5projects or petitions for projects to be undertaken according to28.6the watershed management plan is a comprehensive plan of the28.7watershed district for purposes of review by the metropolitan28.8council under section 473.165.28.9 Sec. 30. Minnesota Statutes 1998, section 103D.401, 28.10 subdivision 2, is amended to read: 28.11 Subd. 2. [REVIEW.] The managers must send a copy of the 28.12 proposed watershed management plan to the county auditor of each 28.13 county affected by the watershed district, the board, the 28.14 commissioner, the director, the governing body of each 28.15 municipality affected by the watershed district, and soil and 28.16 water conservation districts affected by the watershed 28.17 district.For a watershed district within the metropolitan28.18area, a copy of the proposed watershed management plan must also28.19be submitted to the metropolitan council.28.20 Sec. 31. Minnesota Statutes 1998, section 103D.401, 28.21 subdivision 3, is amended to read: 28.22 Subd. 3. [DIRECTOR'SAND METROPOLITAN COUNCIL'S28.23 RECOMMENDATIONS.] After receiving the watershed management plan, 28.24 the directorand the metropolitan councilmust review and make 28.25 recommendations on the watershed management plan. By 60 days 28.26 after receiving the plan, the directorand the metropolitan28.27councilmust sendtheirrecommendations on the watershed 28.28 management plan to the board and a copy to the managers of the 28.29 watershed district, the county auditor of each county affected 28.30 by the watershed district, the governing bodies of all 28.31 municipalities affected by the watershed district, and soil and 28.32 water conservation districts affected by the watershed 28.33 district. The board may extend the period for review and 28.34 transmittal of the recommendations. 28.35 Sec. 32. Minnesota Statutes 1998, section 103D.401, 28.36 subdivision 4, is amended to read: 29.1 Subd. 4. [HEARING NOTICE.] (a) The board must give notice 29.2 and hold a watershed management plan hearing on the proposed 29.3 watershed management plan by 45 days after receiving the 29.4 director'sand metropolitan council'srecommendations. 29.5 (b) The board must give notice of the watershed management 29.6 plan hearing by publication in a legal newspaper that is 29.7 published in counties affected by the watershed district. The 29.8 last publication must occur at least ten days before the 29.9 watershed management plan hearing. 29.10 (c) The board must give notice of the watershed management 29.11 plan hearing by mail to the auditors of counties and to the 29.12 chief executive officials of municipalities affected by the 29.13 watershed district. 29.14 (d) The notice must include: 29.15 (1) a statement that a copy of the proposed watershed 29.16 management plan has been filed with the board,the metropolitan29.17council, where applicable,the auditors of counties affected by 29.18 the proposed watershed district, the commissioner, the director, 29.19 the governing body of each municipality affected by the 29.20 watershed district, and the soil and water conservation 29.21 districts affected by the watershed district; 29.22 (2) a general description of the purpose of the watershed 29.23 district; 29.24 (3) a general description of the property included in the 29.25 watershed district; 29.26 (4) a general description of the proposed watershed 29.27 management plan; 29.28 (5) the date, time, and location of the hearing; and 29.29 (6) a statement that all persons affected or interested in 29.30 the watershed district may attend and give statements at the 29.31 watershed management plan hearing. 29.32 Sec. 33. Minnesota Statutes 1998, section 103D.401, 29.33 subdivision 5, is amended to read: 29.34 Subd. 5. [BOARD APPROVAL.] After the watershed management 29.35 plan hearing, the board must, by order, prescribe and approve a 29.36 watershed management plan for the watershed district. The board 30.1 must send a copy of the order and approved watershed management 30.2 plan to the managers, the county board of each county affected 30.3 by the watershed district, the commissioner, the director,the30.4metropolitan council, where applicable,the governing body of 30.5 each municipality affected by the watershed district, and soil 30.6 and water conservation districts affected by the watershed 30.7 district. The watershed management plan approved by the board 30.8 is the watershed management plan for the watershed district. 30.9 Sec. 34. Minnesota Statutes 1998, section 103D.405, 30.10 subdivision 3, is amended to read: 30.11 Subd. 3. [REVIEW.] The managers must send a copy of the 30.12 revised watershed management plan to the board, the county board 30.13 and county auditor of each county affected by the watershed 30.14 district, the director, the governing body of each municipality 30.15 affected by the watershed district, and soil and water 30.16 conservation districts affected by the watershed district, and30.17the metropolitan council, if the watershed district is within30.18the metropolitan area. 30.19 Sec. 35. Minnesota Statutes 1998, section 103D.405, 30.20 subdivision 4, is amended to read: 30.21 Subd. 4. [DIRECTOR'SAND METROPOLITAN COUNCIL'S30.22 RECOMMENDATIONS.] The directorand the metropolitan council, if30.23applicable,must review and make recommendations on the revised 30.24 watershed management plan. By 60 days after receiving the 30.25 revised watershed management plan unless the time is extended by 30.26 the board, the directorand the councilmust send the 30.27 recommendations on the revised watershed management plan to the 30.28 board, and a copy of the recommendations to the managers, the 30.29 county auditor of each county affected by the watershed 30.30 district, the governing body of each municipality affected by 30.31 the watershed district, and soil and water conservation 30.32 districts affected by the watershed district. 30.33 Sec. 36. Minnesota Statutes 1998, section 103D.405, 30.34 subdivision 5, is amended to read: 30.35 Subd. 5. [NOTICE.] (a) The board must give notice and hold 30.36 a revised watershed management plan hearing on the proposed 31.1 revised watershed management plan by 45 days after receiving the 31.2 director'sand metropolitan council'srecommendation. 31.3 (b) The board must give notice of the revised watershed 31.4 management plan hearing by publication in a legal newspaper 31.5 published in counties affected by the watershed district. The 31.6 last publication must occur at least ten days before the revised 31.7 watershed management plan hearing. 31.8 (c) The board must give notice of the revised watershed 31.9 management plan hearing by mail to the auditors of counties and 31.10 to the chief executive officials of municipalities affected by 31.11 the watershed district. 31.12 (d) The notice must include: 31.13 (1) a statement that a copy of the proposed revised 31.14 watershed management plan has been filed with the board,the31.15metropolitan council, where applicable,the auditors of counties 31.16 affected by the proposed watershed district, the commissioner, 31.17 the director, the governing body of each municipality affected 31.18 by the watershed district, and the soil and water conservation 31.19 districts affected by the watershed district; 31.20 (2) a general description of the purpose of the watershed 31.21 district; 31.22 (3) a general description of the property included in the 31.23 watershed district; 31.24 (4) a general description of the proposed revised watershed 31.25 management plan; 31.26 (5) the date, time, and location of the hearing; and 31.27 (6) a statement that all persons affected or interested in 31.28 the watershed district may attend and give statements at the 31.29 revised watershed management plan hearing. 31.30 Sec. 37. Minnesota Statutes 1998, section 103D.405, 31.31 subdivision 6, is amended to read: 31.32 Subd. 6. [BOARD ORDER.] After the revised watershed 31.33 management plan hearing, the board must prescribe a revised 31.34 watershed management plan for the watershed district. The board 31.35 must send a copy of the order and approved revised watershed 31.36 management plan to the managers, the county board of each county 32.1 affected by the watershed district, the commissioner, the 32.2 director,the metropolitan council, where applicable,and soil 32.3 and water conservation districts affected by the watershed 32.4 district. The revised watershed management plan approved by the 32.5 board is the revised watershed management plan for the watershed 32.6 district. 32.7 Sec. 38. Minnesota Statutes 1998, section 103F.715, is 32.8 amended to read: 32.9 103F.715 [CLEAN WATER PARTNERSHIP PROGRAM ESTABLISHED.] 32.10 A clean water partnership program is established as 32.11 provided in sections 103F.701 to 103F.761. The agency shall 32.12 administer the program in accordance with these sections. As a 32.13 basis for the program, the agencyand the metropolitan council32.14 shall conduct an assessment of waters in accordance with section 32.15 103F.721. The agency shall then provide financial and technical 32.16 assistance in accordance with section 103F.725 to local units of 32.17 government for projects in geographical areas that contribute to 32.18 surface or ground water flows. The projects shall provide for 32.19 protection and improvement of surface and ground water from 32.20 nonpoint sources of water pollution. 32.21 Sec. 39. Minnesota Statutes 1998, section 103F.721, is 32.22 amended to read: 32.23 103F.721 [STATEWIDE RESOURCE ASSESSMENT.] 32.24 The agency shall conduct an assessment of waters of the 32.25 state that have been polluted by nonpoint sources and of 32.26 geographical areas with waters of the state that have a high 32.27 potential for water pollution caused by nonpoint sources.The32.28metropolitan council shall conduct the assessment in the32.29metropolitan area, as defined in section 473.121, subdivision 2,32.30in cooperation with the agency.32.31 Sec. 40. Minnesota Statutes 1998, section 103F.761, 32.32 subdivision 1, is amended to read: 32.33 Subdivision 1. [PROJECT COORDINATION TEAM; MEMBERSHIP.] 32.34 The commissioner shall establish and chair a project 32.35 coordination team made up of representatives of the pollution 32.36 control agency, department of natural resources, board of water 33.1 and soil resources, department of agriculture, department of 33.2 health, Minnesota extension service, University of Minnesota 33.3 agricultural experiment stations, United States Army Corps of 33.4 Engineers, United States Environmental Protection Agency, United 33.5 States Department of Agriculture Agricultural Stabilization and 33.6 Conservation Service, United States Department of Agriculture 33.7 Soil Conservation Service,metropolitan council,Association of 33.8 Minnesota Counties, League of Minnesota Cities, Minnesota 33.9 Association of Townships, and other agencies as the commissioner 33.10 may determine. 33.11 Sec. 41. Minnesota Statutes 1998, section 103G.293, is 33.12 amended to read: 33.13 103G.293 [STATEWIDE DROUGHT PLAN.] 33.14 The commissioner shall establish a plan to respond to 33.15 drought-related emergencies and to prepare a statewide framework 33.16 for drought response.The plan must consider metropolitan water33.17supply plans of the metropolitan council prepared under section33.18473.156.The plan must provide a framework for implementing 33.19 drought response actions in a staged approach related to 33.20 decreasing levels of flows. Permits issued under section 33.21 103G.271 must provide conditions on water appropriation 33.22 consistent with the drought response plan established by this 33.23 section. 33.24 Sec. 42. Minnesota Statutes 1999 Supplement, section 33.25 114C.25, is amended to read: 33.26 114C.25 [GREEN STAR AWARD.] 33.27 A regulated entity may display at a facility a "green star" 33.28 award designed by the commissioner if: 33.29 (1) the regulated entity qualifies for participation in the 33.30 environmental improvement program under section 114C.22; 33.31 (2) the scope of the regulated entity's audit examines the 33.32 facility's compliance with applicable environmental 33.33 requirements; 33.34 (3) the regulated entity certifies that all violations that 33.35 were identified in the audit of the facility were corrected 33.36 within 90 days or within the time specified in an approved 34.1 performance schedule or certifies that no violations were 34.2 identified in the audit; and 34.3 (4) at least two years have elapsed since the final 34.4 resolution of an enforcement action involving the regulated 34.5 entity. 34.6 After consulting with each other, however, the commissioner 34.7 or the county may issue an award if the enforcement action 34.8 resulted from minor violations.If the regulated entity is34.9located in a metropolitan county, the commissioner and the34.10county must also consult with the metropolitan council before34.11issuing a green star award.34.12 The award may be displayed for a period of two years from 34.13 the time that the commissioner determines that the requirements 34.14 of this section have been met. A facility submitting findings 34.15 from its environmental management system is not eligible to 34.16 receive an award unless the findings are part of an audit which 34.17 examines the facility's compliance with applicable environmental 34.18 requirements. 34.19 Sec. 43. Minnesota Statutes 1998, section 115A.471, is 34.20 amended to read: 34.21 115A.471 [PUBLIC ENTITIES; MANAGEMENT OF SOLID WASTE.] 34.22 (a) Prior to entering into or approving a contract for the 34.23 management of mixed municipal solid waste which would manage the 34.24 waste using a waste management practice that is ranked lower on 34.25 the list of preferred waste management practices in section 34.26 115A.02, paragraph (b), than the waste management practice 34.27 selected for such waste in the county plan for the county in 34.28 which the waste was generated, a public entity must: 34.29 (1) determine the potential liability to the public entity 34.30 and its taxpayers for managing the waste in this manner; 34.31 (2) develop and implement a plan for managing the potential 34.32 liability; and 34.33 (3) submit the information from clauses (1) and (2) to the 34.34 agency. 34.35 (b) For the purpose of this subdivision, "public entity" 34.36 means the state; an office, agency, or institution of the state; 35.1the metropolitan council;a metropolitan agency;the35.2metropolitan mosquito control district;the legislature; the 35.3 courts; a county; a statutory or home rule charter city; a town; 35.4 a school district; another special taxing district; or any other 35.5 general or special purpose unit of government in the state. 35.6 Sec. 44. Minnesota Statutes 1999 Supplement, section 35.7 115A.52, is amended to read: 35.8 115A.52 [TECHNICAL ASSISTANCE FOR PROJECTS.] 35.9 The director shall ensure the delivery of technical 35.10 assistance for projects eligible under the program. The 35.11 director may contract or issue grants for the delivery of 35.12 technical assistance by any state or federal agency, a regional 35.13 development commission,the metropolitan council,or private 35.14 consultants and may use program funds to reimburse the agency, 35.15 commission,council,or consultants. The director shall prepare 35.16 and publish an inventory of sources of technical assistance, 35.17 including studies, publications, agencies, and persons 35.18 available. The director shall ensure statewide benefit from 35.19 projects assisted under the program by developing exchange and 35.20 training programs for local officials and employees and by using 35.21 the experience gained in projects to provide technical 35.22 assistance and education for other solid waste management 35.23 projects in the state. 35.24 Sec. 45. Minnesota Statutes 1998, section 116D.04, 35.25 subdivision 1a, is amended to read: 35.26 Subd. 1a. For the purposes of this chapter, the following 35.27 terms have the meanings given to them in this subdivision. 35.28 (a) "Natural resources" has the meaning given it in section 35.29 116B.02, subdivision 4. 35.30 (b) "Pollution, impairment or destruction" has the meaning 35.31 given it in section 116B.02, subdivision 5. 35.32 (c) "Environmental assessment worksheet" means a brief 35.33 document which is designed to set out the basic facts necessary 35.34 to determine whether an environmental impact statement is 35.35 required for a proposed action. 35.36 (d) "Governmental action" means activities, including 36.1 projects wholly or partially conducted, permitted, assisted, 36.2 financed, regulated, or approved by units of government 36.3 including the federal government. 36.4 (e) "Governmental unit" means any state agency and any 36.5 general or special purpose unit of government in the state 36.6 including, but not limited to, watershed districts organized 36.7 under chapter 103D, counties, towns, cities, port authorities, 36.8 housing authorities, and economic development authorities 36.9 established under sections 469.090 to 469.108, but not including 36.10 courts, school districts, and regional development commissions 36.11other than the metropolitan council. 36.12 Sec. 46. Minnesota Statutes 1998, section 116G.03, 36.13 subdivision 5, is amended to read: 36.14 Subd. 5. "Regional development commission" means any 36.15 regional development commission created pursuant to sections 36.16 462.381 to 462.396and the metropolitan council created by36.17chapter 473. 36.18 Sec. 47. Minnesota Statutes 1998, section 116G.15, is 36.19 amended to read: 36.20 116G.15 [MISSISSIPPI RIVER CRITICAL AREA.] 36.21 (a) The federal Mississippi National River and Recreation 36.22 Area established pursuant to United States Code, title 16, 36.23 section 460zz-2(k), is designated an area of critical concern in 36.24 accordance with this chapter. The governor shall review the 36.25 existing Mississippi river critical area plan and specify any 36.26 additional standards and guidelines to affected communities in 36.27 accordance with section 116G.06, subdivision 2, paragraph (b), 36.28 clauses (3) and (4), needed to insure preservation of the area 36.29 pending the completion of the federal plan. 36.30 The results of an environmental impact statement prepared 36.31 under chapter 116D begun before and completed after July 1, 36.32 1994, for a proposed project that is located in the Mississippi 36.33 river critical area north of the United States Army Corps of 36.34 Engineers Lock and Dam Number One must be submitted in a report 36.35 to the chairs of the environment and natural resources policy 36.36 and finance committees of the house of representatives and the 37.1 senate prior to the issuance of any state or local permits and 37.2 the authorization for an issuance of any bonds for the project. 37.3 A report made under this paragraph shall be submitted by the 37.4 responsible governmental unit that prepared the environmental 37.5 impact statement, and must list alternatives to the project that 37.6 are determined by the environmental impact statement to be 37.7 economically less expensive and environmentally superior to the 37.8 proposed project and identify any legislative actions that may 37.9 assist in the implementation of environmentally superior 37.10 alternatives. This paragraph does not apply to a proposed 37.11 project to be carried out bythe metropolitan council ora 37.12 metropolitan agency as defined in section 473.121. 37.13 (b) If the results of an environmental impact statement 37.14 required to be submitted by paragraph (a) indicate that there is 37.15 an economically less expensive and environmentally superior 37.16 alternative, then no member agency of the environmental quality 37.17 board shall issue a permit for the facility that is the subject 37.18 of the environmental impact statement, other than an 37.19 economically less expensive and environmentally superior 37.20 alternative, nor shall any government bonds be issued for the 37.21 facility, other than an economically less expensive and 37.22 environmentally superior alternative, until after the 37.23 legislature has adjourned its regular session sine die in 1996. 37.24 Sec. 48. Minnesota Statutes 1998, section 116J.401, is 37.25 amended to read: 37.26 116J.401 [POWERS AND DUTIES.] 37.27 The commissioner of trade and economic development shall: 37.28 (1) provide regional development commissions, the37.29metropolitan council,and units of local government with 37.30 information, technical assistance, training, and advice on using 37.31 federal and state programs; 37.32 (2) receive and administer the Small Cities Community 37.33 Development Block Grant Program authorized by Congress under the 37.34 Housing and Community Development Act of 1974, as amended; 37.35 (3) receive and administer the section 107 technical 37.36 assistance program grants authorized by Congress under the 38.1 Housing and Community Development Act of 1974, as amended; 38.2 (4) receive and administer grants for the Minnesota jail 38.3 resource center authorized by Congress under the Juvenile 38.4 Justice and Delinquency Prevention Act of 1974, as amended; 38.5 (5) receive and administer other state and federal grants 38.6 and grant programs for planning, community affairs, community 38.7 development purposes, and other state and federal programs 38.8 assigned to the department by law or by the governor in 38.9 accordance with section 4.07; and 38.10 (6) receive applications for state and federal grants and 38.11 grant programs for planning, community affairs, and community 38.12 development purposes, and other state and federal programs 38.13 assigned to the department by law or by the governor in 38.14 accordance with section 4.07. 38.15 Sec. 49. Minnesota Statutes 1998, section 116J.402, is 38.16 amended to read: 38.17 116J.402 [COOPERATIVE CONTRACTS.] 38.18 The commissioner of trade and economic development may 38.19 apply for, receive, and spend money for community development 38.20 from municipal, county, regional, and other planning agencies. 38.21 The commissioner may also apply for, accept, and disburse grants 38.22 and other aids for community development and related planning 38.23 from the federal government and other sources. The commissioner 38.24 may enter into contracts with agencies of the federal 38.25 government, local governmental units, regional development 38.26 commissions,and the metropolitan council,other state agencies, 38.27 the University of Minnesota, and other educational institutions, 38.28 and private persons as necessary to perform the commissioner's 38.29 duties. Contracts made according to this section, except those 38.30 with private persons, are not subject to the provisions of 38.31 chapter 16C concerning competitive bidding. 38.32 The commissioner may apply for, receive, and spend money 38.33 made available from federal sources or other sources for the 38.34 purposes of carrying out the duties and responsibilities of the 38.35 commissioner. 38.36 Money received by the commissioner under this section must 39.1 be deposited in the state treasury and is appropriated to the 39.2 commissioner for the purposes for which the money has been 39.3 received. The money does not cancel and is available until 39.4 spent. 39.5 Sec. 50. Minnesota Statutes 1998, section 116J.565, 39.6 subdivision 1, is amended to read: 39.7 Subdivision 1. [CHARACTERISTICS.] (a) If applications for 39.8 grants exceed the available appropriations, grants shall be made 39.9 for sites that, in the commissioner's judgment, provide the 39.10 highest return in public benefits for the public costs 39.11 incurred. In making this judgment, the commissioner shall give 39.12 priority to redevelopment projects with one or more of the 39.13 following characteristics: 39.14 (1) the need for redevelopment in conjunction with 39.15 contamination remediation needs; 39.16 (2) the redevelopment project meets current tax increment 39.17 financing requirements for a redevelopment district and tax 39.18 increments will contribute to the project; 39.19 (3) the redevelopment potential within the municipality; 39.20 (4) proximity to public transit if located in the 39.21 metropolitan area; and 39.22 (5) multijurisdictional projects that take into account the 39.23 need for affordable housing, transportation, and environmental 39.24 impact. 39.25 (b) The factors in paragraph (a), clauses (1) to (5), are 39.26 not listed in a rank order of priority; rather the commissioner 39.27 may weigh each factor, depending upon the facts and 39.28 circumstances, as the commissioner considers appropriate. The 39.29 commissioner may consider other factors that affect the net 39.30 return of public benefits for completion of the redevelopment 39.31 plan. The commissioner, notwithstanding the listing of 39.32 priorities and the goal of maximizing the return of public 39.33 benefits, shall make grants that distribute available money to 39.34 sites both within and outside of the metropolitan area. The 39.35 commissioner shall provide a written statement of the supporting 39.36 reasons for each grant. Unless sufficient applications are not 40.1 received for qualifying sites outside of the metropolitan area, 40.2 at least 25 percent of the money provided as grants must be made 40.3 for sites located outside of the metropolitan area.The40.4commissioner shall consult with the metropolitan council about40.5metropolitan area grants.40.6 Sec. 51. Minnesota Statutes 1998, section 116M.14, 40.7 subdivision 4, is amended to read: 40.8 Subd. 4. [LOW-INCOME AREA.] "Low-income area" means 40.9 Minneapolis, St. Paul, and inner ring suburbsas defined by the40.10metropolitan councilthat had a median household income below 40.11 $31,000 as reported in the 1990 census. 40.12 Sec. 52. Minnesota Statutes 1998, section 116M.15, 40.13 subdivision 1, is amended to read: 40.14 Subdivision 1. [CREATION; MEMBERSHIP.] The urban 40.15 initiative board is created and consists of the commissioners of 40.16 trade and economic development and economic security, the chair40.17of the metropolitan council,andeightnine members from the 40.18 general public appointed by the governor. Six of the public 40.19 members must be representatives from minority business 40.20 enterprises. No more thanfourfive of the public members may 40.21 be of one gender. All public members must be experienced in 40.22 business or economic development. 40.23 Sec. 53. Minnesota Statutes 1998, section 124D.892, 40.24 subdivision 1, is amended to read: 40.25 Subdivision 1. [ESTABLISHMENT.] (a) An office of 40.26 desegregation/integration is established in the department of 40.27 children, families, and learning to coordinate and support 40.28 activities related to student enrollment, student and staff 40.29 recruitment and retention, transportation, and interdistrict 40.30 cooperation among metropolitan school districts. 40.31 (b) At the request of a metropolitan school district 40.32 involved in cooperative desegregation/integration efforts, the 40.33 office shall perform any of the following activities: 40.34 (1) assist districts with interdistrict student transfers, 40.35 including student recruitment, counseling, placement, and 40.36 transportation; 41.1 (2) coordinate and disseminate information about schools 41.2 and programs; 41.3 (3) assist districts with new magnet schools and programs; 41.4 (4) assist districts in providing staff development and 41.5 in-service training; and 41.6 (5) coordinate and administer staff exchanges. 41.7 (c) The office shall collect data on the efficacy of 41.8 districts' desegregation/integration efforts and make 41.9 recommendations based on the data.The office shall41.10periodically consult with the metropolitan council to coordinate41.11school desegregation/integration efforts with the housing,41.12social, economic, and infrastructure needs of the metropolitan41.13area.The office shall develop a process for resolving 41.14 students' disputes and grievances about student transfers under 41.15 a desegregation/integration plan. 41.16 Sec. 54. Minnesota Statutes 1998, section 134.201, 41.17 subdivision 5, is amended to read: 41.18 Subd. 5. [GENERAL LEVY AUTHORITY.] The board may levy for 41.19 operation of public library service. This levy shall replace 41.20 levies for operation of public library service by cities and 41.21 counties authorized in section 134.07. The amount levied shall 41.22 be spread on the net tax capacity of all taxable property in the 41.23 district at a uniform tax rate. 41.24 (a) The maximum amount that may be levied by a board under 41.25 this section is the greater of: 41.26 (1) the statewide average local support per capita for 41.27 public library services for the most recent reporting period 41.28 available, as certified by the commissioner of children, 41.29 families, and learning, multiplied by the population of the 41.30 district according to the most recent estimate of the state 41.31 demographeror the metropolitan council; or 41.32 (2) the total amount provided by participating counties and 41.33 cities under section 134.34, subdivision 4, during the year 41.34 preceding the first year of operation. 41.35 (b) For its first year of operation, the board shall levy 41.36 an amount not less than the total dollar amount provided by 42.1 participating cities and counties during the preceding year 42.2 under section 134.34, subdivision 4. 42.3 Sec. 55. Minnesota Statutes 1998, section 145A.02, 42.4 subdivision 16, is amended to read: 42.5 Subd. 16. [POPULATION.] "Population" means the total 42.6 number of residents of the state or any city or county as 42.7 established by the last federal census, by a special census 42.8 taken by the United States Bureau of the Census,or by the state 42.9 demographer under section 4A.02,or by an estimate of city42.10population prepared by the metropolitan council,whichever is 42.11 the most recent as to the stated date of count or estimate. 42.12 Sec. 56. Minnesota Statutes 1998, section 145A.09, 42.13 subdivision 6, is amended to read: 42.14 Subd. 6. [BOUNDARIES OF COMMUNITY HEALTH SERVICE AREAS.] 42.15 The community health service area of a multicounty or multicity 42.16 community health board must be within a region designated under 42.17 sections 462.381 to 462.398, unless this condition is waived by 42.18 the commissioner with the approval of the regional development 42.19 commission directly involvedor the metropolitan council, if 42.20 appropriate. In a region without a regional development 42.21 commission, the commissioner of trade and economic development 42.22 shall act in place of the regional development commission. 42.23 Sec. 57. Minnesota Statutes 1998, section 240.06, 42.24 subdivision 2, is amended to read: 42.25 Subd. 2. [HEARINGS.] Before granting a class A license the 42.26 commission shall conduct one or more public hearings in the area 42.27 where the racetrack is or will be located. The commission shall 42.28 also request comments on the application from the city council 42.29 or town board of the city or town where the track is or will be 42.30 located, or from the county board if it is to be located outside 42.31 a city or town and from the appropriate regional development 42.32 commissionor the metropolitan council, as the case may be. 42.33 Sec. 58. Minnesota Statutes 1998, section 270.12, 42.34 subdivision 3, is amended to read: 42.35 Subd. 3. [JURISDICTIONS IN TWO OR MORE COUNTIES.] When a 42.36 taxing jurisdiction lies in two or more counties, if the sales 43.1 ratio studies prepared by the department of revenue show that 43.2 the average levels of assessment in the several portions of the 43.3 taxing jurisdictions in the different counties differ by more 43.4 than five percent, the board may order the apportionment of the 43.5 levy. When the sales ratio studies prepared by the department 43.6 of revenue show that the average levels of assessment in the 43.7 several portions of the taxing jurisdictions in the different 43.8 counties differ by more than ten percent, the board shall order 43.9 the apportionment of the levy unless (a) the proportion of total 43.10 adjusted gross tax capacity in one of the counties is less than 43.11 ten percent of the total adjusted gross tax capacity in the 43.12 taxing jurisdiction and the average level of assessment in that 43.13 portion of the taxing jurisdiction is the level which differs by 43.14 more than five percent from the assessment level in any one of 43.15 the other portions of the taxing jurisdiction; (b) significant 43.16 changes have been made in the level of assessment in the taxing 43.17 jurisdiction which have not been reflected in the sales ratio 43.18 study, and those changes alter the assessment levels in the 43.19 portions of the taxing jurisdiction so that the assessment level 43.20 now differs by five percent or less; or (c) commercial, 43.21 industrial, mineral, or public utility property predominates in 43.22 one county within the taxing jurisdiction and another class of 43.23 property predominates in another county within that same taxing 43.24 jurisdiction. If one or more of these factors are present, the 43.25 board may order the apportionment of the levy. 43.26 Notwithstanding any other provision, the levy for the 43.27 metropolitan mosquito control district, metropolitan council,43.28metropolitan transit district, and metropolitan transit areathe 43.29 metropolitan waste control commission, and the levies authorized 43.30 by section 473.834, subdivision 2, and Minnesota Statutes 1998, 43.31 sections 473.325, 473.326, 473.39, 473.436, and 473.446 must be 43.32 apportioned without regard to the percentage difference. 43.33 If, pursuant to this subdivision, the board apportions the 43.34 levy, then that levy apportionment among the portions in the 43.35 different counties shall be made in the same proportion as the 43.36 adjusted gross tax capacity as determined by the commissioner in 44.1 each portion is to the total adjusted gross tax capacity of the 44.2 taxing jurisdiction. 44.3 For the purposes of this section, the average level of 44.4 assessment in a taxing jurisdiction or portion thereof shall be 44.5 the aggregate assessment sales ratio. Gross tax capacities as 44.6 determined by the commissioner shall be the gross tax capacities 44.7 as determined for the year preceding the year in which the levy 44.8 to be apportioned is levied. 44.9 Actions pursuant to this subdivision shall be commenced 44.10 subsequent to the annual meeting on April 15 of the state board 44.11 of equalization, but notice of the action shall be given to the 44.12 affected jurisdiction and the appropriate county auditors by the 44.13 following June 30. 44.14 Apportionment of a levy pursuant to this subdivision shall 44.15 be considered as a remedy to be taken after equalization 44.16 pursuant to subdivision 2, and when equalization within the 44.17 jurisdiction would disturb equalization within other 44.18 jurisdictions of which the several portions of the jurisdiction 44.19 in question are a part. 44.20 Sec. 59. Minnesota Statutes 1998, section 275.065, 44.21 subdivision 3, is amended to read: 44.22 Subd. 3. [NOTICE OF PROPOSED PROPERTY TAXES.] (a) The 44.23 county auditor shall prepare and the county treasurer shall 44.24 deliver after November 10 and on or before November 24 each 44.25 year, by first class mail to each taxpayer at the address listed 44.26 on the county's current year's assessment roll, a notice of 44.27 proposed property taxes. 44.28 (b) The commissioner of revenue shall prescribe the form of 44.29 the notice. 44.30 (c) The notice must inform taxpayers that it contains the 44.31 amount of property taxes each taxing authority proposes to 44.32 collect for taxes payable the following year. In the case of a 44.33 town, or in the case of the state determined portion of the 44.34 school district levy, the final tax amount will be its proposed 44.35 tax. The notice must clearly state that each taxing authority, 44.36 including regional library districts established under section 45.1 134.201, and including the metropolitan taxing districts as 45.2 defined in paragraph (i), but excluding all other special taxing 45.3 districts and towns, will hold a public meeting to receive 45.4 public testimony on the proposed budget and proposed or final 45.5 property tax levy, or, in case of a school district, on the 45.6 current budget and proposed property tax levy. It must clearly 45.7 state the time and place of each taxing authority's meeting and 45.8 an address where comments will be received by mail. 45.9 (d) The notice must state for each parcel: 45.10 (1) the market value of the property as determined under 45.11 section 273.11, and used for computing property taxes payable in 45.12 the following year and for taxes payable in the current year as 45.13 each appears in the records of the county assessor on November 1 45.14 of the current year; and, in the case of residential property, 45.15 whether the property is classified as homestead or 45.16 nonhomestead. The notice must clearly inform taxpayers of the 45.17 years to which the market values apply and that the values are 45.18 final values; 45.19 (2) the items listed below, shown separately by county, 45.20 city or town, state determined school tax net of the education 45.21 homestead credit under section 273.1382, voter approved school 45.22 levy, other local school levy, and the sum of the special taxing 45.23 districts, and as a total of all taxing authorities: 45.24 (i) the actual tax for taxes payable in the current year; 45.25 (ii) the tax change due to spending factors, defined as the 45.26 proposed tax minus the constant spending tax amount; 45.27 (iii) the tax change due to other factors, defined as the 45.28 constant spending tax amount minus the actual current year tax; 45.29 and 45.30 (iv) the proposed tax amount. 45.31 In the case of a town or the state determined school tax, 45.32 the final tax shall also be its proposed tax unless the town 45.33 changes its levy at a special town meeting under section 45.34 365.52. If a school district has certified under section 45.35 126C.17, subdivision 9, that a referendum will be held in the 45.36 school district at the November general election, the county 46.1 auditor must note next to the school district's proposed amount 46.2 that a referendum is pending and that, if approved by the 46.3 voters, the tax amount may be higher than shown on the notice. 46.4 In the case of the city of Minneapolis, the levy for the 46.5 Minneapolis library board and the levy for Minneapolis park and 46.6 recreation shall be listed separately from the remaining amount 46.7 of the city's levy. In the case of a parcel where tax increment 46.8 or the fiscal disparities areawide tax under chapter 276A or 46.9 473F applies, the proposed tax levy on the captured value or the 46.10 proposed tax levy on the tax capacity subject to the areawide 46.11 tax must each be stated separately and not included in the sum 46.12 of the special taxing districts; and 46.13 (3) the increase or decrease between the total taxes 46.14 payable in the current year and the total proposed taxes, 46.15 expressed as a percentage. 46.16 For purposes of this section, the amount of the tax on 46.17 homesteads qualifying under the senior citizens' property tax 46.18 deferral program under chapter 290B is the total amount of 46.19 property tax before subtraction of the deferred property tax 46.20 amount. 46.21 (e) The notice must clearly state that the proposed or 46.22 final taxes do not include the following: 46.23 (1) special assessments; 46.24 (2) levies approved by the voters after the date the 46.25 proposed taxes are certified, including bond referenda, school 46.26 district levy referenda, and levy limit increase referenda; 46.27 (3) amounts necessary to pay cleanup or other costs due to 46.28 a natural disaster occurring after the date the proposed taxes 46.29 are certified; 46.30 (4) amounts necessary to pay tort judgments against the 46.31 taxing authority that become final after the date the proposed 46.32 taxes are certified; and 46.33 (5) the contamination tax imposed on properties which 46.34 received market value reductions for contamination. 46.35 (f) Except as provided in subdivision 7, failure of the 46.36 county auditor to prepare or the county treasurer to deliver the 47.1 notice as required in this section does not invalidate the 47.2 proposed or final tax levy or the taxes payable pursuant to the 47.3 tax levy. 47.4 (g) If the notice the taxpayer receives under this section 47.5 lists the property as nonhomestead, and satisfactory 47.6 documentation is provided to the county assessor by the 47.7 applicable deadline, and the property qualifies for the 47.8 homestead classification in that assessment year, the assessor 47.9 shall reclassify the property to homestead for taxes payable in 47.10 the following year. 47.11 (h) In the case of class 4 residential property used as a 47.12 residence for lease or rental periods of 30 days or more, the 47.13 taxpayer must either: 47.14 (1) mail or deliver a copy of the notice of proposed 47.15 property taxes to each tenant, renter, or lessee; or 47.16 (2) post a copy of the notice in a conspicuous place on the 47.17 premises of the property. 47.18 The notice must be mailed or posted by the taxpayer by 47.19 November 27 or within three days of receipt of the notice, 47.20 whichever is later. A taxpayer may notify the county treasurer 47.21 of the address of the taxpayer, agent, caretaker, or manager of 47.22 the premises to which the notice must be mailed in order to 47.23 fulfill the requirements of this paragraph. 47.24 (i) For purposes of this subdivision, subdivisions 5a and 47.25 6, "metropolitan special taxing districts" means the following 47.26 taxing districts in the seven-county metropolitan area that levy 47.27 a property tax for any of the specified purposes listed below: 47.28 (1) metropolitancouncil under section 473.132, 473.167,47.29473.249, 473.325, 473.446, 473.521, 473.547, or 473.834counties 47.30 as provided in this act; 47.31 (2) metropolitan airports commission under section 473.667, 47.32 473.671, or 473.672;and47.33 (3) metropolitan mosquito control commission under section 47.34 473.711; and 47.35 (4) metropolitan waste control commission under sections 47.36 473.521, 473.541, and 473.547. 48.1 For purposes of this section, any levies made by the 48.2 regional rail authorities in the county of Anoka, Carver, 48.3 Dakota, Hennepin, Ramsey, Scott, or Washington under chapter 48.4 398A shall be included with the appropriate county's levy and 48.5 shall be discussed at that county's public hearing. 48.6 (j) If a statutory or home rule charter city or a town has 48.7 exercised the local levy option provided by section 473.388, 48.8 subdivision 7, it may include in the notice of its proposed 48.9 taxes the amount of its proposed taxes attributable to its 48.10 exercise of the option.In the first year of the city or town's48.11exercise of this option, the statement shall include an estimate48.12of the reduction of the metropolitan council's tax on the parcel48.13due to exercise of that option. The metropolitan council's levy48.14shall be adjusted accordingly.48.15 Sec. 60. Minnesota Statutes 1998, section 275.065, 48.16 subdivision 6b, is amended to read: 48.17 Subd. 6b. [JOINT PUBLIC HEARINGS.] Notwithstanding any 48.18 other provision of law, any city with a population of 10,000 and 48.19 over, may conduct a more comprehensive public hearing than is 48.20 contained in subdivision 6 by including a board member from the 48.21 county,and a board member from the school district located 48.22 within the city's boundary, and a representative of the48.23metropolitan council, if the city is in the metropolitan area,48.24as defined in section 473.121, subdivision 2,at the city's 48.25 public hearing. All provisions regarding the public hearings 48.26 under subdivision 6 are applicable to the joint public hearings 48.27 under this subdivision. 48.28 Upon the adoption of a resolution by the governing body of 48.29 the city to hold a joint hearing, the city shall notify the 48.30 county,and the school district, and the metropolitan council if48.31the city is in the metropolitan area,of the decision to hold a 48.32 joint public hearing and request a board member from each of 48.33 those taxing authorities, and the member or the designee of the48.34metropolitan council if applicable,to be at the joint hearing. 48.35 If the city is located in more than one county, the city may 48.36 choose to request a county board member from each county or only 49.1 from the county containing the majority of the city's market 49.2 value. If more than one school district is partially or totally 49.3 located within the city, the city may choose to request a school 49.4 district board member from each school district, or a board 49.5 member only from the school district containing the majority of 49.6 the city's market value. If, as a result of requests under this 49.7 subdivision, there are not sufficient board members in the 49.8 county or the school district to attend the joint hearing, the 49.9 county or school district may send a nonelected person working 49.10 for its taxing authority to speak on the authority's behalf. 49.11 The city may also invite each state senator and representative 49.12 who represents the city, or a portion of the city, to come to 49.13 the joint hearing. 49.14 The primary purpose of the joint hearing is to discuss the 49.15 city's budget and property tax levy. The county and school 49.16 district officials, and metropolitan council representative, if49.17the city is in the metropolitan area,should be prepared to 49.18 answer questions relevant to its budget and levy and the effect 49.19 that its levy has on the property owners in the city. 49.20 If a city conducts a hearing under this subdivision, this 49.21 hearing is in lieu of the initial hearing required under 49.22 subdivision 6. However, the city is still required to adopt its 49.23 proposed property tax levy at a subsequent hearing as provided 49.24 under subdivision 6. The hearings under this subdivision do not 49.25 relieve a county,or school district, or the metropolitan49.26councilof the requirement to hold its individual hearing under 49.27 subdivision 6. 49.28 Sec. 61. Minnesota Statutes 1998, section 275.066, is 49.29 amended to read: 49.30 275.066 [SPECIAL TAXING DISTRICTS; DEFINITION.] 49.31 For the purposes of property taxation and property tax 49.32 state aids, the term "special taxing districts" includes the 49.33 following entities: 49.34 (1) watershed districts under chapter 103D; 49.35 (2) sanitary districts under sections 115.18 to 115.37; 49.36 (3) regional sanitary sewer districts under sections 115.61 50.1 to 115.67; 50.2 (4) regional public library districts under section 50.3 134.201; 50.4 (5) park districts under chapter 398; 50.5 (6) regional railroad authorities under chapter 398A; 50.6 (7) hospital districts under sections 447.31 to 447.38; 50.7 (8) St. Cloud metropolitan transit commission under 50.8 sections 458A.01 to 458A.15; 50.9 (9) Duluth transit authority under sections 458A.21 to 50.10 458A.37; 50.11 (10) regional development commissions under sections 50.12 462.381 to 462.398; 50.13 (11) housing and redevelopment authorities under sections 50.14 469.001 to 469.047; 50.15 (12) port authorities under sections 469.048 to 469.068; 50.16 (13) economic development authorities under sections 50.17 469.090 to 469.1081; 50.18 (14)metropolitan council under sections 473.123 to50.19473.549;50.20(15)metropolitan airports commission under sections 50.21 473.601 to 473.680; 50.22(16)(15) metropolitan mosquito control commission under 50.23 sections 473.701 to 473.716; 50.24(17)(16) Morrison county rural development financing 50.25 authority under Laws 1982, chapter 437, section 1; 50.26(18)(17) Croft Historical Park District under Laws 1984, 50.27 chapter 502, article 13, section 6; 50.28(19)(18) East Lake county medical clinic district under 50.29 Laws 1989, chapter 211, sections 1 to 6; 50.30(20)(19) Floodwood area ambulance district under Laws 50.31 1993, chapter 375, article 5, section 39; and 50.32(21)(20) any other political subdivision of the state of 50.33 Minnesota, excluding counties, school districts, cities, and 50.34 towns, that has the power to adopt and certify a property tax 50.35 levy to the county auditor, as determined by the commissioner of 50.36 revenue. 51.1 Sec. 62. Minnesota Statutes 1998, section 275.14, is 51.2 amended to read: 51.3 275.14 [CENSUS.] 51.4 For the purposes of sections 275.124 to 275.16, the 51.5 population of a city shall be that established by the last 51.6 federal census, by a special census taken by the United States 51.7 Bureau of the Census, by an estimate made by themetropolitan51.8council, or by thestate demographer made according to section 51.9 4A.02, whichever has the latest stated date of count or 51.10 estimate, before July 2 of the current levy year. The 51.11 population of a school district must be as certified by the 51.12 department of children, families, and learning from the most 51.13 recent federal census. 51.14 In any year in which no federal census is taken pursuant to 51.15 law in any school district affected by sections 275.124 to 51.16 275.16 a population estimate may be made and submitted to the 51.17 state demographer for approval as hereinafter provided. The 51.18 school board of a school district, in case it desires a 51.19 population estimate, shall pass a resolution by July 1 51.20 containing a current estimate of the population of the school 51.21 district and shall submit the resolution to the state 51.22 demographer. The resolution shall describe the criteria on 51.23 which the estimate is based and shall be in a form and 51.24 accompanied by the data prescribed by the state demographer. 51.25 The state demographer shall determine whether or not the 51.26 criteria and process described in the resolution provide a 51.27 reasonable basis for the population estimate and shall inform 51.28 the school district of that determination within 30 days of 51.29 receipt of the resolution. If the state demographer determines 51.30 that the criteria and process described in the resolution do not 51.31 provide a reasonable basis for the population estimate, the 51.32 resolution shall be of no effect. If the state demographer 51.33 determines that the criteria and process do provide a reasonable 51.34 basis for the population estimate, the estimate shall be treated 51.35 as the population of the school district for the purposes of 51.36 sections 275.124 to 275.16 until the population of the school 52.1 district has been established by the next federal census or 52.2 until a more current population estimate is prepared and 52.3 approved as provided herein, whichever occurs first. The state 52.4 demographer shall establish guidelines for acceptable population 52.5 estimation criteria and processes. The state demographer shall 52.6 issue advisory opinions upon request in writing to cities or 52.7 school districts as to proposed criteria and processes prior to 52.8 their implementation in an estimation. The advisory opinion 52.9 shall be final and binding upon the demographer unless the 52.10 demographer can show cause why it should not be final and 52.11 binding. 52.12 In the event that a census tract employed in taking a 52.13 federal or local census overlaps two or more school districts, 52.14 the county auditor shall, on the basis of the best information 52.15 available, allocate the population of said census tract to the 52.16 school districts involved. 52.17 The term "council," as used in sections 275.124 to 275.16, 52.18 means any board or body, whether composed of one or more 52.19 branches, authorized to make ordinances for the government of a 52.20 city within this state. 52.21 Sec. 63. Minnesota Statutes 1998, section 275.62, 52.22 subdivision 3, is amended to read: 52.23 Subd. 3. [POPULATION ESTIMATE.] For the purposes of this 52.24 section, the population of a local governmental unit shall be 52.25 that established by the last federal census, by a census taken 52.26 under section 275.14, or by an estimate made by themetropolitan52.27council or by thestate demographer made under section 4A.02, 52.28 whichever is the most recent as to the stated date of count or 52.29 estimate for the calendar year preceding the current levy year. 52.30 Sec. 64. Minnesota Statutes 1998, section 275.70, 52.31 subdivision 4, is amended to read: 52.32 Subd. 4. [POPULATION; NUMBER OF HOUSEHOLDS.] "Population" 52.33 or "number of households" means the population or number of 52.34 households for the local governmental unit as established by the 52.35 last federal census, by a census taken under section 275.14,or52.36by an estimate made by the metropolitan councilor by the state 53.1 demographer under section 4A.02, whichever is most recent as to 53.2 the stated date of the count or estimate up to and including 53.3 July 1 of the current levy year. 53.4 Sec. 65. Minnesota Statutes 1998, section 352.01, 53.5 subdivision 2a, is amended to read: 53.6 Subd. 2a. [INCLUDED EMPLOYEES.] (a) "State employee" 53.7 includes: 53.8 (1) employees of the Minnesota historical society; 53.9 (2) employees of the state horticultural society; 53.10 (3) employees of the Disabled American Veterans, Department 53.11 of Minnesota, Veterans of Foreign Wars, Department of Minnesota, 53.12 if employed before July 1, 1963; 53.13 (4) employees of the Minnesota crop improvement 53.14 association; 53.15 (5) employees of the adjutant general who are paid from 53.16 federal funds and who are not covered by any federal civilian 53.17 employees retirement system; 53.18 (6) employees of the state universities employed under the 53.19 university activities program; 53.20 (7) currently contributing employees covered by the system 53.21 who are temporarily employed by the legislature during a 53.22 legislative session or any currently contributing employee 53.23 employed for any special service as defined in subdivision 2b, 53.24 clause (8); 53.25 (8) employees of the armory building commission; 53.26 (9) permanent employees of the legislature and persons 53.27 employed or designated by the legislature or by a legislative 53.28 committee or commission or other competent authority to conduct 53.29 a special inquiry, investigation, examination, or installation; 53.30 (10) trainees who are employed on a full-time established 53.31 training program performing the duties of the classified 53.32 position for which they will be eligible to receive immediate 53.33 appointment at the completion of the training period; 53.34 (11) employees of the Minnesota safety council; 53.35 (12) any employees on authorized leave of absence from the 53.36 transit operating division of the former metropolitan transit 54.1 commission who are employed by the labor organization which is 54.2 the exclusive bargaining agent representing employees of the 54.3 transit operating division; 54.4 (13) employees of themetropolitan council, metropolitan54.5parks and open space commission, metropolitan sports facilities54.6commission,metropolitan mosquito control commission, or 54.7 metropolitanradio boardwaste control commission unless 54.8 excluded or covered by another public pension fund or plan under 54.9 section 473.415, subdivision 3; 54.10 (14) judges of the tax court; 54.11 (15) personnel employed on June 30, 1992, by the University 54.12 of Minnesota in the management, operation, or maintenance of its 54.13 heating plant facilities, whose employment transfers to an 54.14 employer assuming operation of the heating plant facilities, so 54.15 long as the person is employed at the University of Minnesota 54.16 heating plant by that employer or by its successor organization; 54.17 (16) seasonal help in the classified service employed by 54.18 the department of revenue; and 54.19 (17) a person who renders teaching or other service for the 54.20 Minnesota state colleges and universities system and who also 54.21 renders service on a part-time basis for an employer with 54.22 employees covered by the general state employees retirement plan 54.23 of the Minnesota state retirement system, for all service with 54.24 the Minnesota state colleges and universities system, if the 54.25 person's nonteaching service comprises at least 50 percent of 54.26 the combined total salary received by the person as determined 54.27 by the chancellor of the Minnesota state colleges and 54.28 universities system or if the person is certified for general 54.29 state employees retirement plan coverage by the chancellor of 54.30 the Minnesota state colleges and universities system. 54.31 (b) Employees specified in paragraph (a), clause (15), are 54.32 included employees under paragraph (a) if employer and employee 54.33 contributions are made in a timely manner in the amounts 54.34 required by section 352.04. Employee contributions must be 54.35 deducted from salary. Employer contributions are the sole 54.36 obligation of the employer assuming operation of the University 55.1 of Minnesota heating plant facilities or any successor 55.2 organizations to that employer. 55.3 Sec. 66. Minnesota Statutes 1998, section 352.01, 55.4 subdivision 2b, is amended to read: 55.5 Subd. 2b. [EXCLUDED EMPLOYEES.] "State employee" does not 55.6 include: 55.7 (1) elective state officers; 55.8 (2) students employed by the University of Minnesota, the 55.9 state universities, and community colleges unless approved for 55.10 coverage by the board of regents or the board of trustees of the 55.11 Minnesota state colleges and universities, as the case may be; 55.12 (3) employees who are eligible for membership in the state 55.13 teachers retirement association except employees of the 55.14 department of children, families, and learning who have chosen 55.15 or may choose to be covered by the Minnesota state retirement 55.16 system instead of the teachers retirement association; 55.17 (4) employees of the University of Minnesota who are 55.18 excluded from coverage by action of the board of regents; 55.19 (5) officers and enlisted personnel in the national guard 55.20 and the naval militia who are assigned to permanent peacetime 55.21 duty and who under federal law are or are required to be members 55.22 of a federal retirement system; 55.23 (6) election officers; 55.24 (7) persons engaged in public work for the state but 55.25 employed by contractors when the performance of the contract is 55.26 authorized by the legislature or other competent authority; 55.27 (8) officers and employees of the senate and house of 55.28 representatives or a legislative committee or commission who are 55.29 temporarily employed; 55.30 (9) receivers, jurors, notaries public, and court employees 55.31 who are not in the judicial branch as defined in section 43A.02, 55.32 subdivision 25, except referees and adjusters employed by the 55.33 department of labor and industry; 55.34 (10) patient and inmate help in state charitable, penal, 55.35 and correctional institutions including the Minnesota veterans 55.36 home; 56.1 (11) persons employed for professional services where the 56.2 service is incidental to regular professional duties and whose 56.3 compensation is paid on a per diem basis; 56.4 (12) employees of the Sibley House Association; 56.5 (13) the members of any state board or commission who serve 56.6 the state intermittently and are paid on a per diem basis; the 56.7 secretary, secretary-treasurer, and treasurer of those boards if 56.8 their compensation is $5,000 or less per year, or, if they are 56.9 legally prohibited from serving more than three years; and the 56.10 board of managers of the state agricultural society and its 56.11 treasurer unless the treasurer is also its full-time secretary; 56.12 (14) state troopers; 56.13 (15) temporary employees of the Minnesota state fair 56.14 employed on or after July 1 for a period not to extend beyond 56.15 October 15 of that year; and persons employed at any time by the 56.16 state fair administration for special events held on the 56.17 fairgrounds; 56.18 (16) emergency employees in the classified service; except 56.19 that if an emergency employee, within the same pay period, 56.20 becomes a provisional or probationary employee on other than a 56.21 temporary basis, the employee shall be considered a "state 56.22 employee" retroactively to the beginning of the pay period; 56.23 (17) persons described in section 352B.01, subdivision 2, 56.24 clauses (2) to (5); 56.25 (18) temporary employees in the classified service, and 56.26 temporary employees in the unclassified service appointed for a 56.27 definite period of not more than six months and employed less 56.28 than six months in any one-year period; 56.29 (19) trainee employees, except those listed in subdivision 56.30 2a, clause (10); 56.31 (20) persons whose compensation is paid on a fee basis; 56.32 (21) state employees who in any year have credit for 12 56.33 months service as teachers in the public schools of the state 56.34 and as teachers are members of the teachers retirement 56.35 association or a retirement system in St. Paul, Minneapolis, or 56.36 Duluth; 57.1 (22) employees of the adjutant general employed on an 57.2 unlimited intermittent or temporary basis in the classified and 57.3 unclassified service for the support of army and air national 57.4 guard training facilities; 57.5 (23) chaplains and nuns who are excluded from coverage 57.6 under the federal Old Age, Survivors, Disability, and Health 57.7 Insurance Program for the performance of service as specified in 57.8 United States Code, title 42, section 410(a)(8)(A), as amended, 57.9 if no irrevocable election of coverage has been made under 57.10 section 3121(r) of the Internal Revenue Code of 1986, as amended 57.11 through December 31, 1992; 57.12 (24) examination monitors employed by departments, 57.13 agencies, commissions, and boards to conduct examinations 57.14 required by law; 57.15 (25) persons appointed to serve as members of fact-finding 57.16 commissions or adjustment panels, arbitrators, or labor referees 57.17 under chapter 179; 57.18 (26) temporary employees employed for limited periods under 57.19 any state or federal program for training or rehabilitation 57.20 including persons employed for limited periods from areas of 57.21 economic distress except skilled and supervisory personnel and 57.22 persons having civil service status covered by the system; 57.23 (27) full-time students employed by the Minnesota 57.24 historical society intermittently during part of the year and 57.25 full-time during the summer months; 57.26 (28)temporary employees, appointed for not more than six57.27months, of the metropolitan council and of any of its statutory57.28boards, if the board members are appointed by the metropolitan57.29council;57.30(29)persons employed in positions designated by the 57.31 department of employee relations as student workers; 57.32(30)(29) members of trades employed by thesuccessor to57.33themetropolitan waste control commission with trade union 57.34 pension plan coverage under a collective bargaining agreement 57.35 first employed after June 1, 1977; 57.36(31)(30) persons employed in subsidized on-the-job 58.1 training, work experience, or public service employment as 58.2 enrollees under the federal Comprehensive Employment and 58.3 Training Act after March 30, 1978, unless the person has as of 58.4 the later of March 30, 1978, or the date of employment 58.5 sufficient service credit in the retirement system to meet the 58.6 minimum vesting requirements for a deferred annuity, or the 58.7 employer agrees in writing on forms prescribed by the director 58.8 to make the required employer contributions, including any 58.9 employer additional contributions, on account of that person 58.10 from revenue sources other than funds provided under the federal 58.11 Comprehensive Employment and Training Act, or the person agrees 58.12 in writing on forms prescribed by the director to make the 58.13 required employer contribution in addition to the required 58.14 employee contribution; 58.15(32)(31) off-duty peace officers while employed by the 58.16 metropolitancounciltransit police; 58.17(33)(32) persons who are employed as full-time police 58.18 officers by the metropolitancounciltransit police and as 58.19 police officers are members of the public employees police and 58.20 fire fund; 58.21(34)(33) persons who are employed as full-time 58.22 firefighters by the department of military affairs and as 58.23 firefighters are members of the public employees police and fire 58.24 fund; 58.25(35)(34) foreign citizens with a work permit of less than 58.26 three years, or an H-1b/JV visa valid for less than three years 58.27 of employment, unless notice of extension is supplied which 58.28 allows them to work for three or more years as of the date the 58.29 extension is granted, in which case they are eligible for 58.30 coverage from the date extended; and 58.31(36)(35) persons who are employed by the board of trustees 58.32 of the Minnesota state colleges and universities and who elect 58.33 to remain members of the public employees retirement association 58.34 or the Minneapolis employees retirement fund, whichever applies, 58.35 under section 136C.75. 58.36 Sec. 67. Minnesota Statutes 1999 Supplement, section 59.1 373.40, subdivision 1, is amended to read: 59.2 Subdivision 1. [DEFINITIONS.] For purposes of this 59.3 section, the following terms have the meanings given. 59.4 (a) "Bonds" means an obligation as defined under section 59.5 475.51. 59.6 (b) "Capital improvement" means acquisition or betterment 59.7 of public lands, development rights in the form of conservation 59.8 easements under chapter 84C, buildings, or other improvements 59.9 within the county for the purpose of a county courthouse, 59.10 administrative building, health or social service facility, 59.11 correctional facility, jail, law enforcement center, hospital, 59.12 morgue, library, park, qualified indoor ice arena, and roads and 59.13 bridges. An improvement must have an expected useful life of 59.14 five years or more to qualify. "Capital improvement" does not 59.15 include light rail transit or any activity related to it or a 59.16 recreation or sports facility building (such as, but not limited 59.17 to, a gymnasium, ice arena, racquet sports facility, swimming 59.18 pool, exercise room or health spa), unless the building is part 59.19 of an outdoor park facility and is incidental to the primary 59.20 purpose of outdoor recreation. 59.21 (c) "Commissioner" means the commissioner of trade and 59.22 economic development. 59.23 (d) "Metropolitan county" means a county located in the 59.24 seven-county metropolitan area as defined in section 473.121 or 59.25 a county with a population of 90,000 or more. 59.26 (e) "Population" means the population established by the 59.27 most recent of the following (determined as of the date the 59.28 resolution authorizing the bonds was adopted): 59.29 (1) the federal decennial census, 59.30 (2) a special census conducted under contract by the United 59.31 States Bureau of the Census, or 59.32 (3) a population estimate madeeither by the metropolitan59.33council orby the state demographer under section 4A.02. 59.34 (f) "Qualified indoor ice arena" means a facility that 59.35 meets the requirements of section 373.43. 59.36 (g) "Tax capacity" means total taxable market value, but 60.1 does not include captured market value. 60.2 Sec. 68. Minnesota Statutes 1998, section 383A.81, 60.3 subdivision 3, is amended to read: 60.4 Subd. 3. [MATCHING FUNDS.] In expending funds under this 60.5 section, the county shall seek matching funds from contamination 60.6 clean up funds administered by the commissioner of the 60.7 department of trade and economic development,the metropolitan60.8council,the federal government, the private sector, and any 60.9 other source. 60.10 Sec. 69. Minnesota Statutes 1998, section 383B.81, 60.11 subdivision 3, is amended to read: 60.12 Subd. 3. [MATCHING FUNDS.] In expending funds under this 60.13 section the county shall seek matching funds from contamination 60.14 cleanup funds administered by the commissioners of the 60.15 department of trade and economic development,the metropolitan60.16council,the federal government, the private sector and any 60.17 other source. 60.18 Sec. 70. Minnesota Statutes 1998, section 403.07, 60.19 subdivision 1, is amended to read: 60.20 Subdivision 1. [RULES.] The department of administration 60.21 shall establish and adopt in accordance with chapter 14, rules 60.22 for the administration of this chapter and for the development 60.23 of 911 systems in the state including: 60.24 (a) design standards for 911 systemsincorporating the60.25standards adopted pursuant to subdivision 2 for the seven-county60.26metropolitan area; and 60.27 (b) a procedure for determining and evaluating requests for 60.28 variations from the established design standards. 60.29 Sec. 71. Minnesota Statutes 1998, section 414.02, 60.30 subdivision 3, is amended to read: 60.31 Subd. 3. [BOARD FACTORS, ORDER.] In arriving at its 60.32 decision, the board shall consider the following factors: 60.33 (a) Present population and number of households, past 60.34 population and projected population growth for the subject area; 60.35 (b) Quantity of land within the subject area; the natural 60.36 terrain including recognizable physical features, general 61.1 topography, major watersheds, soil conditions and such natural 61.2 features as rivers, lakes and major bluffs; 61.3 (c) Present pattern of physical development, planning, and 61.4 intended land uses in the subject area including residential, 61.5 industrial, commercial, agricultural, and institutional land 61.6 uses and the impact of the proposed action on those uses; 61.7 (d) The present transportation network and potential 61.8 transportation issues, including proposed highway development; 61.9 (e) Land use controls and planning presently being utilized 61.10 in the subject area, including comprehensive plans, policies of61.11the metropolitan council; and whether there are inconsistencies 61.12 between proposed development and existing land use controls; 61.13 (f) Existing levels of governmental services being provided 61.14 to the subject area, including water and sewer service, fire 61.15 rating and protection, law enforcement, street improvements and 61.16 maintenance, administrative services, and recreational 61.17 facilities and the impact of the proposed action on the delivery 61.18 of the services; 61.19 (g) Existing or potential environmental problems and 61.20 whether the proposed action is likely to improve or resolve 61.21 these problems; 61.22 (h) Fiscal impact on the subject area and adjacent units of 61.23 local government, including present bonded indebtedness; local 61.24 tax rates of the county, school district, and other governmental 61.25 units, including, where applicable, the net tax capacity of 61.26 platted and unplatted lands and the division of homestead and 61.27 nonhomestead property; and other tax and governmental aid 61.28 issues; 61.29 (i) Relationship and effect of the proposed action on 61.30 affected and adjacent school districts and communities; 61.31 (j) Whether delivery of services to the subject area can be 61.32 adequately and economically delivered by the existing 61.33 government; 61.34 (k) Analysis of whether necessary governmental services can 61.35 best be provided through the proposed action or another type of 61.36 boundary adjustment; 62.1 (1) Degree of contiguity of the boundaries of the subject 62.2 area and adjacent units of local government; and 62.3 (m) Analysis of the applicability of the state building 62.4 code. 62.5 Based upon these factors, the board may order the 62.6 incorporation if it finds that (a) the property to be 62.7 incorporated is now, or is about to become, urban or suburban in 62.8 character, or (b) that the existing township form of government 62.9 is not adequate to protect the public health, safety, and 62.10 welfare, or (c) the proposed incorporation would be in the best 62.11 interests of the area under consideration. The board may deny 62.12 the incorporation if the area, or a part thereof, would be 62.13 better served by annexation to an adjacent municipality. 62.14 The board may alter the boundaries of the proposed 62.15 incorporation by increasing or decreasing the area to be 62.16 incorporated so as to include only that property which is now, 62.17 or is about to become, urban or suburban in character, or may 62.18 exclude property that may be better served by another unit of 62.19 government. The board may also alter the boundaries of the 62.20 proposed incorporation so as to follow visible, clearly 62.21 recognizable physical features for municipal boundaries. In all 62.22 cases, the board shall set forth the factors which are the basis 62.23 for the decision. 62.24 Notwithstanding any other provision of law to the contrary 62.25 relating to the number of wards which may be established, the 62.26 board may provide for election of council members by wards, not 62.27 less than three nor more than seven in number, whose limits are 62.28 prescribed in the board order upon a finding that area 62.29 representation is required to accord proper representation in 62.30 the proposed incorporated area because of uneven population 62.31 density in different parts thereof or the existence of 62.32 agricultural lands therein which are in the path of suburban 62.33 development, but after four years from the effective date of an 62.34 incorporation the council of the municipality may by resolution 62.35 adopted by a four-fifths vote abolish the ward system and 62.36 provide for the election of all council members at large as in 63.1 other municipalities. 63.2 The board's order for incorporation shall provide for the 63.3 election of municipal officers in accordance with section 63.4 414.09. The plan of government shall be "Optional Plan A", 63.5 provided that an alternate plan may be adopted pursuant to 63.6 section 412.551, at any time. The ordinances of the township in 63.7 which the new municipality is located shall continue in effect 63.8 until repealed by the governing body of the new municipality. 63.9 Sec. 72. Minnesota Statutes 1998, section 414.031, 63.10 subdivision 4, is amended to read: 63.11 Subd. 4. [BOARD FACTORS, ORDER.] In arriving at its 63.12 decision, the board shall consider the following factors: 63.13 (a) Present population and number of households, past 63.14 population and projected population growth of the subject area 63.15 and adjacent units of local government; 63.16 (b) Quantity of land within the subject area and adjacent 63.17 units of local government; and natural terrain including 63.18 recognizable physical features, general topography, major 63.19 watersheds, soil conditions and such natural features as rivers, 63.20 lakes and major bluffs; 63.21 (c) Degree of contiguity of the boundaries between the 63.22 annexing municipality and the subject area; 63.23 (d) Present pattern of physical development, planning, and 63.24 intended land uses in the subject area and the annexing 63.25 municipality including residential, industrial, commercial, 63.26 agricultural and institutional land uses and the impact of the 63.27 proposed action on those land uses; 63.28 (e) The present transportation network and potential 63.29 transportation issues, including proposed highway development; 63.30 (f) Land use controls and planning presently being utilized 63.31 in the annexing municipality and the subject area, including 63.32 comprehensive plans for development in the areaand plans and63.33policies of the metropolitan council, and whether there are 63.34 inconsistencies between proposed development and existing land 63.35 use controls and the reasons therefore; 63.36 (g) Existing levels of governmental services being provided 64.1 in the annexing municipality and the subject area, including 64.2 water and sewer service, fire rating and protection, law 64.3 enforcement, street improvements and maintenance, administrative 64.4 services, and recreational facilities and the impact of the 64.5 proposed action on the delivery of said services; 64.6 (h) Existing or potential environmental problems and 64.7 whether the proposed action is likely to improve or resolve 64.8 these problems; 64.9 (i) Plans and programs by the annexing municipality for 64.10 providing needed governmental services to the subject area; 64.11 (j) An analysis of the fiscal impact on the annexing 64.12 municipality, the subject area, and adjacent units of local 64.13 government, including net tax capacity and the present bonded 64.14 indebtedness, and the local tax rates of the county, school 64.15 district, and township; 64.16 (k) Relationship and effect of the proposed action on 64.17 affected and adjacent school districts and communities; 64.18 (l) Adequacy of town government to deliver services to the 64.19 subject area; 64.20 (m) Analysis of whether necessary governmental services can 64.21 best be provided through the proposed action or another type of 64.22 boundary adjustment; and 64.23 (n) If only a part of a township is annexed, the ability of 64.24 the remainder of the township to continue or the feasibility of 64.25 it being incorporated separately or being annexed to another 64.26 municipality. 64.27 Based upon the factors, the board may order the annexation 64.28 (a) if it finds that the subject area is now, or is about to 64.29 become, urban or suburban in character, or (b) if it finds that 64.30 municipal government in the area proposed for annexation is 64.31 required to protect the public health, safety, and welfare, or 64.32 (c) if it finds that the annexation would be in the best 64.33 interest of the subject area. If only a part of a township is 64.34 to be annexed, the board shall consider whether the remainder of 64.35 the township can continue to carry on the functions of 64.36 government without undue hardship. The board shall deny the 65.1 annexation if it finds that the increase in revenues for the 65.2 annexing municipality bears no reasonable relation to the 65.3 monetary value of benefits conferred upon the annexed area. The 65.4 board may deny the annexation (a) if it appears that annexation 65.5 of all or a part of the property to an adjacent municipality 65.6 would better serve the interests of the residents of the 65.7 property or (b) if the remainder of the township would suffer 65.8 undue hardship. 65.9 The board may alter the boundaries of the area to be 65.10 annexed by increasing or decreasing the area so as to include 65.11 only that property which is now or is about to become urban or 65.12 suburban in character or to add property of such character 65.13 abutting the area proposed for annexation in order to preserve 65.14 or improve the symmetry of the area, or to exclude property that 65.15 may better be served by another unit of government. The board 65.16 may also alter the boundaries of the proposed annexation so as 65.17 to follow visible, clearly recognizable physical features. If 65.18 the board determines that part of the area would be better 65.19 served by another municipality or township, the board may 65.20 initiate and approve annexation on its own motion by conducting 65.21 further hearings and issuing orders pursuant to subdivisions 3 65.22 and 4. In all cases, the board shall set forth the factors 65.23 which are the basis for the decision. 65.24 Sec. 73. Minnesota Statutes 1998, section 462A.04, 65.25 subdivision 1, is amended to read: 65.26 Subdivision 1. [CREATION; MEMBERS.] There is created a 65.27 public body corporate and politic to be known as the "Minnesota 65.28 housing finance agency," which shall perform the governmental 65.29 functions and exercise the sovereign powers delegated to it in 65.30 this chapter in furtherance of the public policies and purposes 65.31 declared in section 462A.02. The agency shall consist of the 65.32 commissioner of trade and economic development, state auditor, 65.33 and five public members appointed by the governor with advice 65.34 and consent of the senate. No more than two public members 65.35 shall reside in the metropolitan areaof jurisdiction of the65.36metropolitan councilasprovideddefined in section473.123,66.1subdivision 1,473.121, subdivision 2, and no more than one 66.2 public member shall reside in any one of the development regions 66.3 established under the provisions of sections 462.381 to 66.4 462.396. Each member shall hold office until a successor has 66.5 been appointed and has qualified. A certificate of appointment 66.6 or reappointment of any member shall be conclusive evidence of 66.7 the due and proper appointment of the member. 66.8 Sec. 74. Minnesota Statutes 1998, section 462A.07, 66.9 subdivision 11, is amended to read: 66.10 Subd. 11. [COOPERATIVE RELATIONSHIPS.] It may establish 66.11 cooperative relationships with such regional county and 66.12 multicounty housing authorities as may be established,including66.13the metropolitan council,and may develop priorities for the 66.14 utilization of agency resources and assistance within a region 66.15 in cooperation with regional county and multicounty housing 66.16 authorities. 66.17 Sec. 75. Minnesota Statutes 1998, section 462A.222, 66.18 subdivision 4, is amended to read: 66.19 Subd. 4. [DISTRIBUTION PLAN.] (a) By October 1, 1990, the 66.20 metropolitan council, in consultation with the agency and 66.21 representatives of local government and housing and 66.22 redevelopment authorities, shall develop and submit to the 66.23 agency a plan for allocating tax credits in 1991 and thereafter 66.24 in the metropolitan area, based on regional housing needs and 66.25 priorities. The agency may amend the distribution plan after 66.26 consultation withthe metropolitan council,representatives of 66.27 local governments,and housing and redevelopment authorities. 66.28 (b) By October 1, 1990, the agency, in consultation with 66.29 representatives of local government and housing and 66.30 redevelopment authorities, shall develop a plan for allocating 66.31 tax credits in 1991 and thereafter in greater Minnesota, based 66.32 on regional housing needs and priorities. The agency may amend 66.33 the distribution plan after consultation with representatives of 66.34 local governments and housing and redevelopment authorities. 66.35 (c) In preparing the distribution plans, the metropolitan 66.36 council and the agency shall estimate the number of households 67.1 in the metropolitan area and in greater Minnesota, respectively, 67.2 who are paying more than 50 percent of their income for rent and 67.3 the cost of providing sufficient rental or other assistance so 67.4 that no household pays more than 50 percent of its income for 67.5 rent. In addition, the metropolitan council and the agency 67.6 shall identify the nature and scope of existing programs which 67.7 primarily serve families at 60 percent of the median income and 67.8 individuals at 30 percent of the median income. 67.9 Sec. 76. Minnesota Statutes 1998, section 462C.04, 67.10 subdivision 2, is amended to read: 67.11 Subd. 2. [PROGRAM REVIEW.] A public hearing shall be held 67.12 on each program after one publication of notice in a newspaper 67.13 circulating generally in the city, at least 15 days before the 67.14 hearing. On or before the day on which notice of the public 67.15 hearing is published, the city shall submit the program tothe67.16metropolitan council, if the city is located in the metropolitan67.17area as defined in section 473.121, subdivision 2, or tothe 67.18 regional development commission for the area in which the city 67.19 is located, if any, for review and comment. The appropriate 67.20 reviewing agency shall comment on: 67.21 (a) whether the program furthers local and regional housing 67.22 policies and is consistent with the metropolitan development 67.23 guide, if the city is located in the metropolitan area, or 67.24 adopted policies of the regional development commission; and 67.25 (b) the compatibility of the program with the housing 67.26 portion of the comprehensive plan of the city, if any. 67.27 Review of the program may be conducted either by the board 67.28 of the reviewing agency or by the staff of the agency. Any 67.29 comment submitted by the reviewing agency to the city must be 67.30 presented to the body considering the proposed program at the 67.31 public hearing held on the program. 67.32 A member or employee of the reviewing agency shall be 67.33 permitted to present the comments of the reviewing agency at the 67.34 public hearing. After conducting the public hearing, the 67.35 program may be adopted with or without amendment, provided that 67.36 any amendments must not be inconsistent with the comments, if 68.1 any, of the reviewing agency and must not contain any material 68.2 changes from the program submitted to the reviewing agency other 68.3 than changes in the financial aspects of any proposed issue of 68.4 bonds or obligations. If any material change other than a 68.5 change in the financial aspects of a proposed issue of bonds or 68.6 obligations, or any change which is inconsistent with the 68.7 comments of the reviewing agency is adopted, the amended program 68.8 shall be resubmitted to the appropriate reviewing agency for 68.9 review and comment, and a public hearing shall be held on the 68.10 amended program after one publication of notice in a newspaper 68.11 circulating generally in the city at least 15 days before the 68.12 hearing. The amended program shall be considered after the 68.13 public hearing in the same manner as consideration of the 68.14 initial program. 68.15 Sec. 77. Minnesota Statutes 1998, section 462C.04, 68.16 subdivision 3, is amended to read: 68.17 Subd. 3. [CITY REPORT.] Within 30 days after the bonds are 68.18 issued for a housing program, the city shall submit a report to 68.19 the Minnesota housing finance agency, the metropolitan council68.20if the city is located within the metropolitan area as defined68.21in section 473.121, subdivision 2, orand the appropriate 68.22 regional development commission. The report must include a 68.23 program description, the amount of bonds issued, the income 68.24 limits, and the rent levels. 68.25 Sec. 78. Minnesota Statutes 1998, section 462C.04, 68.26 subdivision 4, is amended to read: 68.27 Subd. 4. [ANNUAL LEGISLATIVE REPORT.] The Minnesota 68.28 housing finance agency, in cooperation withthe metropolitan68.29council andthe regional development commissions, shall report 68.30 annually to the legislature on the number and amounts of bond 68.31 issues and the number of housing programs established pursuant 68.32 to sections 462C.01 to 462C.08. 68.33 Sec. 79. Minnesota Statutes 1998, section 462C.071, 68.34 subdivision 2, is amended to read: 68.35 Subd. 2. [LIMITATION; ORIGINATION PERIOD.] During the 68.36 first ten months of an origination period, a city may make loans 69.1 financed with proceeds of mortgage bonds for the purchase of 69.2 existing housing. Loans financed with the proceeds of mortgage 69.3 bonds for new housing in the metropolitan area may be made 69.4 during the first ten months of an origination period only if at 69.5 least one of the following conditions is met: 69.6 (1) the new housing is located in a redevelopment area; 69.7 (2) the new housing is replacing a structurally substandard 69.8 structure or structures; 69.9 (3) the new housing is located on a parcel purchased by the 69.10 city or conveyed to the city under section 282.01, subdivision 69.11 1; or 69.12 (4) the new housing is part of a housing affordability 69.13 initiative, other than those financed with the proceeds from the 69.14 sale of bonds, in which federal, state, or local assistance is 69.15 used to substantially improve the terms of the financing or to 69.16 substantially write down the purchase price of the new housing;69.17or69.18(5) the new housing is located in a city that has entered69.19into a housing affordability agreement with the metropolitan69.20council. 69.21 Upon expiration of the first ten-month period, a city may 69.22 make loans financed with the proceeds of mortgage bonds for the 69.23 purchase of new and existing housing. 69.24 Sec. 80. Minnesota Statutes 1998, section 465.797, 69.25 subdivision 3, is amended to read: 69.26 Subd. 3. [REVIEW PROCESS.] (a) Upon receipt of an 69.27 application from a local government unit, the board shall review 69.28 the application. The board shall dismiss an application if it 69.29 finds that the application proposes a waiver of rules or 69.30 exemption from enforcement of laws that would result in due 69.31 process violations, violations of federal law or the state or 69.32 federal constitution, or the loss of services to people who are 69.33 entitled to them. 69.34 (b) The board shall determine whether a law from which an 69.35 exemption for enforcement is sought is a procedural law, 69.36 specifying how a local government unit is to achieve an outcome, 70.1 rather than a substantive law prescribing the outcome or 70.2 otherwise establishing policy. In making its determination, the 70.3 board shall consider whether the law specifies such requirements 70.4 as: 70.5 (1) who must deliver a service; 70.6 (2) where the service must be delivered; 70.7 (3) to whom and in what form reports regarding the service 70.8 must be made; and 70.9 (4) how long or how often the service must be made 70.10 available to a given recipient. 70.11 (c) If the commissioner of finance, the commissioner of 70.12 administration, or the state auditor has jurisdiction over a 70.13 rule or law affected by an application, the chief administrative 70.14 law judge, as soon as practicable after receipt of the 70.15 application, shall designate a third administrative law judge to 70.16 serve as a member of the board in place of that official while 70.17 the board is deciding whether to grant the waiver or exemption. 70.18 (d)If the application is submitted by a local government70.19unit in the metropolitan area or the unit requests a waiver of a70.20rule or temporary, limited exemptions from enforcement of a70.21procedural law over which the metropolitan council or a70.22metropolitan agency has jurisdiction, the board shall also70.23transmit a copy of the application to the council for review and70.24comment. The council shall report its comments to the board70.25within 60 days of the date the application was transmitted to70.26the council. The council may point out any resources or70.27technical assistance it may be able to provide a local70.28government submitting a request under this section.70.29(e)Within 15 days after receipt of the application, the 70.30 board shall transmit a copy of it to the commissioner of each 70.31 agency having jurisdiction over a rule or law from which a 70.32 waiver or exemption is sought. The agency may mail a notice 70.33 that it has received an application for a waiver or exemption to 70.34 all persons who have registered with the agency under section 70.35 14.14, subdivision 1a, identifying the rule or law from which a 70.36 waiver or exemption is requested. If no agency has jurisdiction 71.1 over the rule or law, the board shall transmit a copy of the 71.2 application to the attorney general. The agency shall inform 71.3 the board of its agreement with or objection to and grounds for 71.4 objection to the waiver or exemption request within 60 days of 71.5 the date when the application was transmitted to it. An 71.6 agency's failure to do so is considered agreement to the waiver 71.7 or exemption. The board shall decide whether to grant a waiver 71.8 or exemption at its next regularly scheduled meeting following 71.9 its receipt of an agency's response or the end of the 60-day 71.10 response period. If consideration of an application is not 71.11 concluded at that meeting, the matter may be carried over to the 71.12 next meeting of the board. Interested persons may submit 71.13 written comments to the board on the waiver or exemption request 71.14 up to the time of its vote on the application. 71.15(f)(e) If the exclusive representative of the affected 71.16 employees of the requesting local government unit objects to the 71.17 waiver or exemption request it may inform the board of the 71.18 objection to and the grounds for the objection to the waiver or 71.19 exemption request within 60 days of the receipt of the 71.20 application. 71.21 Sec. 81. Minnesota Statutes 1998, section 465.798, is 71.22 amended to read: 71.23 465.798 [SERVICE BUDGET MANAGEMENT MODEL GRANTS.] 71.24 One or more local units of governments, an association of 71.25 local governments,the metropolitan council,a local unit of 71.26 government acting in conjunction with an organization or a state 71.27 agency, or an organization established by two or more local 71.28 units of government under a joint powers agreement may apply to 71.29 the board of government innovation and management for a grant to 71.30 be used to develop models for innovative service budget 71.31 management. The application to the board must state what other 71.32 sources of funding have been considered by the local units of 71.33 government to implement the project and explain why it is not 71.34 possible to complete the project without assistance from the 71.35 board. The board may not award a grant if it determines that 71.36 the local units of government could complete the project without 72.1 board assistance. A copy of the application must be provided by 72.2 the units to the exclusive representatives certified under 72.3 section 179A.12 to represent employees who provide the service 72.4 or program affected by the application. 72.5 Proposed models may provide options to local governments, 72.6 neighborhood or community organizations, or individuals for 72.7 managing budgets for service delivery. A copy of the work 72.8 product for which the grant was provided must be furnished to 72.9 the board upon completion, and the board may disseminate it to 72.10 other local units of government or interested groups. If the 72.11 board finds that the model was not completed or implemented 72.12 according to the terms of the grant agreement, it may require 72.13 the grantee to repay all or a portion of the grant. The board 72.14 shall award grants on the basis of each qualified applicant's 72.15 score under the scoring system in section 465.802. The amount 72.16 of a grant under this section may not exceed $50,000. 72.17 Sec. 82. Minnesota Statutes 1998, section 465.799, is 72.18 amended to read: 72.19 465.799 [COOPERATION PLANNING GRANTS.] 72.20 Two or more local government units; an association of local 72.21 governments; a local unit of government acting in conjunction 72.22 withthe metropolitan council,an organization,or a state 72.23 agency; or an organization formed by two or more local units of 72.24 government under a joint powers agreement may apply to the board 72.25 of government innovation and cooperation for a grant to be used 72.26 to develop a plan for intergovernmental cooperation in providing 72.27 services. The application to the board must state what other 72.28 sources of funding have been considered by the local units of 72.29 government to implement the project and explain why it is not 72.30 possible to complete the project without assistance from the 72.31 board. The board may not award a grant if it determines that 72.32 the local units of government could complete the project without 72.33 board assistance. A copy of the application must be submitted 72.34 by the applicants to the exclusive representatives certified 72.35 under section 179A.12 to represent employees who provide the 72.36 service or program affected by the application. 73.1 The plan may include model contracts or agreements to be 73.2 used to implement the plan. A copy of the work product for 73.3 which the grant was provided must be furnished to the board upon 73.4 completion, and the board may disseminate it to other local 73.5 units of government or interested groups. If the board finds 73.6 that the grantee has failed to implement the plan according to 73.7 the terms of the agreement, it may require the grantee to repay 73.8 all or a portion of the grant. The board shall award grants on 73.9 the basis of each qualified applicant's score under the scoring 73.10 system in section 465.802. The amount of a grant under this 73.11 section may not exceed $50,000. 73.12 Sec. 83. Minnesota Statutes 1998, section 465.801, is 73.13 amended to read: 73.14 465.801 [SERVICE SHARING GRANTS.] 73.15 Two or more local units of government; an association of 73.16 local governments; a local unit of government acting in 73.17 conjunction withthe metropolitan council,an organization,or a 73.18 state agency; or an organization established by two or more 73.19 local units of government under a joint powers agreement may 73.20 apply to the board of government innovation and cooperation for 73.21 a grant to be used to meet the start-up costs of providing 73.22 shared services or functions. Agreements solely to make joint 73.23 purchases are not sufficient to qualify under this section. The 73.24 application to the board must state what other sources of 73.25 funding have been considered by the local units of government to 73.26 implement the project and explain why it is not possible to 73.27 complete the project without assistance from the board. The 73.28 board may not award a grant if it determines that the local 73.29 units of government could complete the project without board 73.30 assistance. A copy of the application must be provided by the 73.31 applicants to the exclusive representatives certified under 73.32 section 179A.12 to represent employees who provide the service 73.33 or program affected by the application. 73.34 The proposal must include plans fully to integrate a 73.35 service or function provided by two or more local government 73.36 units. A copy of the work product for which the grant was 74.1 provided must be furnished to the board upon completion, and the 74.2 board may disseminate it to other local units of government or 74.3 interested groups. If the board finds that the grantee has 74.4 failed to implement the plan according to the terms of the 74.5 agreement, it may require the grantee to repay all or a portion 74.6 of the grant. The board shall award grants on the basis of each 74.7 qualified applicant's score under the scoring system in section 74.8 465.802. The amount of a grant under this section may not 74.9 exceed $100,000. 74.10 Sec. 84. Minnesota Statutes 1998, section 465.82, 74.11 subdivision 1, is amended to read: 74.12 Subdivision 1. [ADOPTION AND STATE AGENCY REVIEW.] Each 74.13 governing body that proposes to take part in a combination under 74.14 sections 465.81 to 465.87 must by resolution adopt a plan for 74.15 cooperation and combination. The plan must address each item in 74.16 this section. The plan must be specific for any item that will 74.17 occur within three years and may be general or set forth 74.18 alternative proposals for an item that will occur more than 74.19 three years in the future. The plan must be submitted to the 74.20 board of government innovation and cooperation for review and 74.21 comment.For a metropolitan area local government unit, the74.22plan must also be submitted to the metropolitan council for74.23review and comment. The council may point out any resources or74.24technical assistance it may be able to provide a governing body74.25submitting a plan under this subdivision.Significant 74.26 modifications and specific resolutions of items must be 74.27 submitted to the boardand council, if appropriate, for review 74.28 and comment. In the official newspaper of each local government 74.29 unit proposing to take part in the combination, the governing 74.30 body shall publish at least a summary of the adopted plans, each 74.31 significant modification and resolution of items, and, if 74.32 appropriate, the results of each boardand councilreview and 74.33 comment. If a territory of a unit is to be apportioned between 74.34 or among two or more units contiguous to the unit that is to be 74.35 apportioned, the plan must specify the area that will become a 74.36 part of each remaining unit. 75.1 Sec. 85. Minnesota Statutes 1998, section 465.83, is 75.2 amended to read: 75.3 465.83 [STATE AGENCY APPROVAL.] 75.4 Before scheduling a referendum on the question of combining 75.5 local government units under section 465.84, the units shall 75.6 submit the plan adopted under section 465.82 to the board. 75.7Metropolitan area units shall also submit the plan to the75.8metropolitan council for review and comment.The board may 75.9 require any information it deems necessary to evaluate the 75.10 plan. The board shall disapprove the proposed combination if it 75.11 finds that the plan is not reasonably likely to enable the 75.12 combined unit to provide services in a more efficient or less 75.13 costly manner than the separate units would provide them, or if 75.14 the plans or plan modification are incomplete. If the 75.15 combination of local government units is approved by the board 75.16 under this section, the local units are not required to proceed 75.17 under chapter 414 to accomplish the combination. 75.18 Sec. 86. Minnesota Statutes 1998, section 469.174, 75.19 subdivision 26, is amended to read: 75.20 Subd. 26. [POPULATION.] "Population" means the population 75.21 established as of December 31 by the most recent of the 75.22 following: 75.23 (1) the federal census; 75.24 (2) a special census conducted under contract with the 75.25 United States Bureau of the Census; and 75.26 (3)a population estimate made by the metropolitan council;75.27and75.28(4)a population estimate made by the state demographer 75.29 under section 4A.02. 75.30 The population so established applies to the following 75.31 calendar year. 75.32 Sec. 87. Minnesota Statutes 1998, section 471.425, 75.33 subdivision 1, is amended to read: 75.34 Subdivision 1. [DEFINITIONS.] For the purposes of this 75.35 section, the following terms have the meanings here given them. 75.36 (a) "Contract" means any written legal document or 76.1 documents signed by both parties in which the terms and 76.2 conditions of any interest or other penalty for late payments 76.3 are clearly stated. 76.4 (b) "Date of receipt" means the completed delivery of the 76.5 goods or services or the satisfactory installation, assembly or 76.6 specified portion thereof, or the receipt of the invoice for the 76.7 delivery of the goods or services, whichever is later. 76.8 (c) "Governing board" means the elected or appointed board 76.9 of the municipality and includes, but is not limited to, city 76.10 councils, town boards and county boards. 76.11 (d) "Municipality" means any home rule charter or statutory 76.12 city, county, town, school district, political subdivision or 76.13 agency of local government. "Municipality" meansthea 76.14 metropolitancouncil or any board oragency created under 76.15 chapter 473. 76.16 Sec. 88. Minnesota Statutes 1998, section 471.9997, is 76.17 amended to read: 76.18 471.9997 [FEDERALLY ASSISTED RENTAL HOUSING; IMPACT 76.19 STATEMENT.] 76.20 At least 12 months before termination of participation in a 76.21 federally assisted rental housing program, including 76.22 project-based section 8 and section 236 rental housing, the 76.23 owner of the federally assisted rental housing must submit a 76.24 statement regarding the impact of termination on the residents 76.25 of the rental housing to the governing body of the local 76.26 government unit in which the housing is located. The impact 76.27 statement must identify the number of units that will no longer 76.28 be subject to rent restrictions imposed by the federal program, 76.29 the estimated rents that will be charged as compared to rents 76.30 charged under the federal program, and actions the owner will 76.31 take to assist displaced tenants in obtaining other housing. A 76.32 copy of the impact statement must be provided to each resident 76.33 of the affected building,and the Minnesota housing finance 76.34 agency, and, if the property is located in the metropolitan area76.35as defined in section 473.121, subdivision 2, the metropolitan76.36council. 77.1 Sec. 89. Minnesota Statutes 1998, section 471A.02, 77.2 subdivision 8, is amended to read: 77.3 Subd. 8. [MUNICIPALITY.] "Municipality" means a home rule 77.4 charter or statutory city, county, sanitary district, or other 77.5 governmental subdivision or public corporation, including the77.6metropolitan council. 77.7 Sec. 90. Minnesota Statutes 1998, section 473.121, 77.8 subdivision 2, is amended to read: 77.9 Subd. 2. [METROPOLITAN AREA OR AREA.] "Metropolitan area" 77.10 or "area" means the areaover which the metropolitan council has77.11jurisdiction,including only the counties of Anoka, Carver, 77.12 Dakota excluding the city of Northfield, Hennepin excluding the 77.13 city of Hanover, Ramsey, Scott excluding the city of New Prague, 77.14 and Washington. 77.15 Sec. 91. Minnesota Statutes 1998, section 473.121, 77.16 subdivision 6, is amended to read: 77.17 Subd. 6. [LOCAL GOVERNMENTAL UNIT.] "Local governmental 77.18 unit" means any county, city, town, school district, special 77.19 district or other political subdivisions or public corporation, 77.20 other thanthe council ora metropolitan agency, lying in whole 77.21 or part within the metropolitan area. 77.22 Sec. 92. Minnesota Statutes 1998, section 473.121, 77.23 subdivision 10, is amended to read: 77.24 Subd. 10. [POLICY PLAN.] "Policy plan" means a long-range 77.25 comprehensive plan of themetropolitan counciloffice of 77.26 strategic and long-range planning for the metropolitan area as 77.27 required under this chapter. 77.28 Sec. 93. Minnesota Statutes 1998, section 473.142, is 77.29 amended to read: 77.30 473.142 [SMALL BUSINESSES.] 77.31 (a) The metropolitancouncil andagencies specified in 77.32 section 473.143, subdivision 1, may award up to a six percent 77.33 preference in the amount bid for specified goods or services to 77.34 small targeted group businesses designated under section 16C.16. 77.35 (b)The council andEach agency specified in section 77.36 473.143, subdivision 1, may designate a purchase of goods or 78.1 services for award only to small targeted group businesses 78.2 designated under section 16C.16 if thecouncil oragency 78.3 determines that at least three small targeted group businesses 78.4 are likely to bid. 78.5 (c)The council andEach agency specified in section 78.6 473.143, subdivision 1, as a condition of awarding a 78.7 construction contract or approving a contract for consultant, 78.8 professional, or technical services, may set goals that require 78.9 the prime contractor to subcontract a portion of the contract to 78.10 small targeted group businesses designated under section 78.11 16C.16. Thecouncil oragency must establish a procedure for 78.12 granting waivers from the subcontracting requirement when 78.13 qualified small targeted group businesses are not reasonably 78.14 available. Thecouncil oragency may establish financial 78.15 incentives for prime contractors who exceed the goals for use of 78.16 subcontractors and financial penalties for prime contractors who 78.17 fail to meet goals under this paragraph. The subcontracting 78.18 requirements of this paragraph do not apply to prime contractors 78.19 who are small targeted group businesses. At least 75 percent of 78.20 the value of the subcontracts awarded to small targeted group 78.21 businesses under this paragraph must be performed by the 78.22 business to which the subcontract is awarded or by another small 78.23 targeted group business. 78.24 (d)The council andEach agency listed in section 473.143, 78.25 subdivision 1,areis encouraged to purchase from small targeted 78.26 group businesses designated under section 16C.16 when making 78.27 purchases that are not subject to competitive bidding procedures. 78.28 (e)The council andEach agency may adopt rules to 78.29 implement this section. 78.30 (f) Eachcouncil oragency contract must require the prime 78.31 contractor to pay any subcontractor within ten days of the prime 78.32 contractor's receipt of payment from thecouncil oragency for 78.33 undisputed services provided by the subcontractor. The contract 78.34 must require the prime contractor to pay interest of 1-1/2 78.35 percent per month or any part of a month to the subcontractor on 78.36 any undisputed amount not paid on time to the subcontractor. 79.1 The minimum monthly interest penalty payment for an unpaid 79.2 balance of $100 or more is $10. For an unpaid balance of less 79.3 than $100, the prime contractor shall pay the actual penalty due 79.4 to the subcontractor. A subcontractor who prevails in a civil 79.5 action to collect interest penalties from a prime contractor 79.6 must be awarded its costs and disbursements, including attorney 79.7 fees, incurred in bringing the action. 79.8 (g) This section does not apply to procurement financed in 79.9 whole or in part with federal funds if the procurement is 79.10 subject to federal disadvantaged, minority, or women business 79.11 enterprise regulations.The council andEach agency shall 79.12 report to the commissioner of administration on compliance with 79.13 this section. The information must be reported at the time and 79.14 in the manner requested by the commissioner. 79.15 Sec. 94. Minnesota Statutes 1998, section 473.1425, is 79.16 amended to read: 79.17 473.1425 [WORKING CAPITAL FUND.] 79.18The metropolitan council orA metropolitan agency defined 79.19 in section 473.121, subdivision 5a, to the extent allowed by 79.20 other law or contract, may grant available money that has been 79.21 appropriated for socially or economically disadvantaged business 79.22 programs to a guaranty fund administered by a nonprofit 79.23 organization that makes or guarantees working capital loans to 79.24 businesses owned and operated by socially or economically 79.25 disadvantaged persons as defined in Code of Federal Regulations, 79.26 title 49, section 23.5. The purpose of loans made or guaranteed 79.27 by the organization must be to provide short-term working 79.28 capital to enable eligible businesses to be awarded contracts 79.29 for goods and services or for construction related services from 79.30 government agencies. 79.31 Sec. 95. Minnesota Statutes 1998, section 473.143, is 79.32 amended to read: 79.33 473.143 [AFFIRMATIVE ACTION PLANS.] 79.34 Subdivision 1. [APPLICATION.] For purposes of this 79.35 section, "agency" means a metropolitan agency as defined in 79.36 section 473.121, except the metropolitan parks and open space80.1commission. Agency also means the metropolitan mosquito control 80.2 commission. For purposes of this section, "commissioner" means 80.3 the commissioner of the state department of employee relations. 80.4 Subd. 2. [DEVELOPMENT AND CONTENTS.]The council andEach 80.5 agency shall develop an affirmative action plan and submit its 80.6 plan to the commissioner for approval. The commissioner may not 80.7 approve a plan unless the commissioner determines that it will 80.8 be effective in assuring that employment positions are equally 80.9 accessible to all qualified persons, in eliminating the 80.10 underutilization of qualified members of protected groups, in 80.11 providing a supportive work environment to all employees, 80.12 regardless of race, religion, sex, national origin, or 80.13 disability, and in dealing with discrimination complaints. For 80.14 purposes of this section, "protected group" has the meaning 80.15 given it in section 43A.02, subdivision 33. A plan must contain 80.16 at least the elements required in this subdivision. 80.17 (a) It must identify protected groups that are 80.18 underrepresented in thecouncil's oragency's work force. 80.19 (b) It must designate a person responsible for directing 80.20 and implementing the affirmative action program and assign the 80.21 specific responsibilities and duties of that person. The person 80.22 responsible for implementing the program shall report directly 80.23 to thecouncil's oragency's chief operating officer regarding 80.24 the person's affirmative action duties. The person responsible 80.25 for the affirmative action program shall review examination and 80.26 other selection criteria to assure compliance with law. This 80.27 person shall be involved in the filling of all vacancies in the 80.28council oragency work force, to the extent necessary to 80.29 facilitate attainment of affirmative action goals. 80.30 (c) It must describe the methods by which the plan will be 80.31 communicated to employees and to other persons. 80.32 (d) It must describe methods for recruiting members of 80.33 protected groups. These methods may include internship 80.34 programs, cooperation with union apprenticeship programs, and 80.35 other steps necessary to expand the number of protected group 80.36 members in applicant pools. 81.1 (e) It must describe internal procedures in accordance with 81.2 this paragraph for processing complaints of alleged 81.3 discrimination from job applicants and employees. The 81.4 procedures must provide for an initial determination of whether 81.5 the complaint is properly a discrimination complaint subject to 81.6 the procedure under the affirmative action plan. Complaints 81.7 filed under the discrimination procedures that allege reprisals 81.8 against an employee for opposing a forbidden practice or for 81.9 filing a charge, testifying, or participating in an 81.10 investigation, proceeding, or hearing relating to a forbidden 81.11 practice are appealable to the chief operating officer of the 81.12 council or agency. Procedures under this paragraph must be 81.13 distinct from any procedures available under a union contract or 81.14 personnel policy for nondiscrimination complaints. Use of 81.15 procedures developed under this paragraph is not a prerequisite 81.16 to filing charges with a governmental enforcement agency, nor 81.17 does it limit a person's right to file these charges. 81.18 (f) It must set goals and timetables to eliminate 81.19 underutilization of members of each protected group in the 81.20council oragency work force. 81.21 (g) It must provide a plan for retaining and promoting 81.22 protected group members in thecouncil oragency work force. 81.23 This plan should encourage training opportunities for protected 81.24 group members, to the extent necessary to eliminate 81.25 underutilization in specific parts of the work force. 81.26 (h) It must describe methods of auditing, evaluating, and 81.27 reporting program success, including a procedure that requires a 81.28 preemployment review of all hiring decisions for occupational 81.29 groups with unmet affirmative action goals. 81.30 (i) It must provide for training of management and 81.31 supervisory personnel in implementation of the plan and in 81.32 dealing with alleged acts of discrimination in the workplace. 81.33 (j) It must provide for periodic surveying of thecouncil81.34oragency work force to determine employee attitudes toward 81.35 implementation of the plan. 81.36 (k) It must provide for creation of an employee committee 82.1 to advise on implementation of the plan and on any changes 82.2 needed in the plan. 82.3 Subd. 3. [HARASSMENT.]The council andEach agency shall 82.4 adopt written policies forbidding harassment based on sex, 82.5 disability, or race in their workplaces and establishing 82.6 implementation plans and grievance procedures to deal with 82.7 complaints of harassment based on sex, disability, or race. 82.8 Subd. 4. [PERFORMANCE EVALUATION.] The evaluation of the 82.9 performance of each supervisory and managerial employee ofthe82.10council and the agenciesan agency must include evaluation of 82.11 the person's performance in implementing thecouncil's or82.12 agency's affirmative action plan and in preventing forbidden 82.13 discrimination in the workplace. 82.14 Subd. 5. [REPORT.] By March 1 each year, the commissioner 82.15 shall report to the legislature on affirmative action progress 82.16 ofthe council and ofeach agency. The report must include: 82.17 (1) an audit of the record ofthe council andeach agency 82.18 to determine compliance with affirmative action goals and to 82.19 evaluate overall progress in attainment of overall affirmative 82.20 action objectives; 82.21 (2) ifthe council orany agency has failed to make 82.22 satisfactory progress toward its affirmative action goals, a 82.23 list of unmet goals and an analysis of why the failure occurred; 82.24 (3) a summary of all personnel actions taken bythe council82.25andeach agency during the past calendar year, categorized by 82.26 occupational group, protected group status, and full-time, 82.27 part-time, temporary, and seasonal status; and 82.28 (4) a summary of discrimination complaints and lawsuits 82.29 againstthe council andeach agency filed or resolved during the 82.30 past calendar year, including the basis for the complaints and 82.31 lawsuits. 82.32 For purposes of this subdivision, "personnel action" means 82.33 a new hire, promotion, transfer, demotion, layoff, recall from 82.34 layoff, suspension with or without pay, letter of reprimand, 82.35 involuntary termination, other disciplinary action, and 82.36 voluntary termination. 83.1The council andEach agency shall report to the 83.2 commissioner all information that the commissioner requests to 83.3 make the report required by this subdivision. In providing this 83.4 information, thecouncil andagencies are not required to reveal 83.5 information that is not public data under chapter 13. 83.6The council andEach agency shall submit these reports at 83.7 the time and in the manner requested by the commissioner. The 83.8 commissioner shall report to the legislature on the failure of 83.9the council oran agency to file the required report in a timely 83.10 manner. 83.11 Subd. 6. [COORDINATION.] The commissioner or a designee 83.12 shall meet with affirmative action officers ofthe council and83.13all ofthe agencies to share successful techniques and foster 83.14 innovative means to implement affirmative action plans and 83.15 eliminate discrimination in the workplace. 83.16 Subd. 7. [COORDINATION WITH LEGISLATURE.]The council and83.17 Each agency shall facilitate legislative oversight of equal 83.18 opportunity practices by providing the legislature access, 83.19 including access to computerized records if compatible systems 83.20 exist, to public data maintained by the agency. Thecouncil and83.21 agencies must not provide access to information that is not 83.22 public data as defined in section 13.02, subdivision 8a. 83.23 Sec. 96. Minnesota Statutes 1998, section 473.144, is 83.24 amended to read: 83.25 473.144 [CERTIFICATES OF COMPLIANCE FOR CONTRACTS.] 83.26 (a) For all contracts for goods and services in excess of 83.27 $100,000,neither the council noran agency listed in section 83.28 473.143, subdivision 1, shall not accept any bid or proposal for 83.29 a contract or agreement from any business having more than 40 83.30 full-time employees within this state on a single working day 83.31 during the previous 12 months, unless the firm or business has 83.32 an affirmative action plan for the employment of minority 83.33 persons, women, and qualified disabled individuals submitted to 83.34 the commissioner of human rights for approval.Neither the83.35council norAn agency listed in section 473.143, subdivision 1, 83.36 shall not execute the contract or agreement until the 84.1 affirmative action plan has been approved by the commissioner of 84.2 human rights. Receipt of a certificate of compliance from the 84.3 commissioner of human rights signifies that a business has an 84.4 approved affirmative action plan. A certificate is valid for 84.5 two years. Section 363.073 governs revocation of certificates. 84.6 The rules adopted by the commissioner of human rights under 84.7 section 363.074 apply to this section. 84.8 (b) This paragraph applies to a contract for goods or 84.9 services in excess of $100,000 to be entered into betweenthe84.10council oran agency listed in section 473.143, subdivision 1, 84.11 and a business that is not subject to paragraph (a), but that 84.12 has more than 40 full-time employees on a single working day 84.13 during the previous 12 months in the state where the business 84.14 has its primary place of business. Thecouncil or theagency 84.15 may not execute a contract or agreement with a business covered 84.16 by this paragraph unless the business has a certificate of 84.17 compliance issued by the commissioner under paragraph (a) or the 84.18 business certifies to the contracting agency that it is in 84.19 compliance with federal affirmative action requirements. 84.20 Sec. 97. Minnesota Statutes 1998, section 473.145, is 84.21 amended to read: 84.22 473.145 [DEVELOPMENT GUIDE.] 84.23 Themetropolitan counciloffice of strategic and long-range 84.24 planning shall prepare and adopt, after appropriate study and 84.25 such public hearings as may be necessary, a comprehensive 84.26 development guide for the metropolitan area. It shall consist 84.27 of a compilation of policy statements, goals, standards, 84.28 programs, and maps prescribing guides for the orderly and 84.29 economical development, public and private, of the metropolitan 84.30 area. The comprehensive development guide shall recognize and 84.31 encompass physical, social, or economic needs of the 84.32 metropolitan area and those future developments which will have 84.33 an impact on the entire area including but not limited to such 84.34 matters as land use, parks and open space land needs, the 84.35 necessity for and location of airports, highways, transit 84.36 facilities, public hospitals, libraries, schools, and other 85.1 public buildings. 85.2 Sec. 98. Minnesota Statutes 1998, section 473.146, 85.3 subdivision 1, is amended to read: 85.4 Subdivision 1. [REQUIREMENT.] Thecounciloffice of 85.5 strategic and long-range planning shall adopt a long-range 85.6 comprehensive policy plan for transportation, airports, and 85.7 wastewater treatment. The plans must substantially conform to 85.8 all policy statements, purposes, goals, standards, and maps in 85.9 the development guidedeveloped and adopted by the85.10councilrequired under this chapter. Each policy plan must 85.11 include, to the extent appropriate to the functions, services, 85.12 and systems covered, the following: 85.13 (1) forecasts of changes in the general levels and 85.14 distribution of population, households, employment, land uses, 85.15 and other relevant matters, for the metropolitan area and 85.16 appropriate subareas; 85.17 (2) a statement of issues, problems, needs, and 85.18 opportunities with respect to the functions, services, and 85.19 systems covered; 85.20 (3) a statement ofthe council'sgoals, objectives, and 85.21 priorities with respect to the functions, services, and systems 85.22 covered, addressing areas and populations to be served, the 85.23 levels, distribution, and staging of services; a general 85.24 description of the facility systems required to support the 85.25 services, and other similar matters; 85.26 (4) a statement of policies to effectuatethe council's85.27 goals, objectives, and priorities; 85.28 (5) a statement of the fiscal implications of thecouncil's85.29 plan, including a statement of: (i) the resources available 85.30 under existing fiscal policy; (ii) the adequacy of resources 85.31 under existing fiscal policy and any shortfalls and unattended 85.32 needs; (iii) additional resources, if any, that are or may be 85.33 required to effectuate thecouncil'sgoals, objectives, and 85.34 priorities; and (iv) any changes in existing fiscal policy, on 85.35 regional revenues and intergovernmental aids respectively, that 85.36 are expected or that thecounciloffice has recommended or may 86.1 recommend; 86.2 (6) a statement of the standards, criteria, and procedures, 86.3 that the office will use in monitoring and evaluating the 86.4 implementation of the plan; 86.5 (7) a statement of the matters that must be addressed in 86.6 the implementation plan of the affected metropolitan agency; 86.7 (8) a statement of the relationship of the policy plan to 86.8 other policy plans and chapters of the metropolitan development 86.9 guide; 86.10(7)(9) a statement of the relationships to local 86.11 comprehensive plans prepared under sections 473.851 to 473.871; 86.12 and 86.13(8)(10) additional general information as may be necessary 86.14 to develop the policy plan or as may be required by the laws 86.15 relating to the metropolitan agency and function covered by the 86.16 policy plan. 86.17 Sec. 99. Minnesota Statutes 1998, section 473.146, is 86.18 amended by adding a subdivision to read: 86.19 Subd. 2d. [CONSULTATION WITH AGENCY; PREDRAFTING 86.20 NOTICE.] In preparing or amending the policy plan, the office of 86.21 strategic and long-range planning shall consult with and make 86.22 maximum use of the expertise of the affected metropolitan 86.23 agency. The agency shall cooperate with the office and make its 86.24 records, studies, plans, and other information available to the 86.25 office. 86.26 Before beginning to prepare a substantial revision of a 86.27 policy plan, the office shall publish notice and request 86.28 comments from the public. At least 90 days before publication 86.29 of the predrafting notice, the office shall submit a draft of 86.30 the notice to the affected metropolitan agency for review and 86.31 comment. The predrafting notice must include a statement of the 86.32 subjects expected to be covered by the policy and implementation 86.33 plans; a summary of important problems, issues, and matters that 86.34 are expected to be addressed in the plans; and a summary of the 86.35 studies and other information required as the basis of the 86.36 plans. All interested persons must be afforded an opportunity 87.1 to submit data or views on the predrafting notice, either orally 87.2 or in writing. 87.3 Before adopting a policy plan or substantial revision 87.4 thereof, the office shall submit the proposed plan to the 87.5 affected metropolitan agency for its review, and the agency 87.6 shall report its comments to the office within 90 days. 87.7 Sec. 100. Minnesota Statutes 1998, section 473.146, is 87.8 amended by adding a subdivision to read: 87.9 Subd. 2e. [HEARING; ADOPTION.] The office shall hold a 87.10 public hearing on the proposed policy plan at a time and place 87.11 in the metropolitan area determined by the office. Not less 87.12 than 15 days before the hearing, the office shall publish notice 87.13 in a newspaper or newspapers having general circulation in the 87.14 metropolitan area, stating the date, time, and place of hearing, 87.15 and the place where the proposed policy plan and agency comments 87.16 may be examined by any interested person. At any hearing, 87.17 interested persons must be permitted to present their views on 87.18 the policy plan, and the hearing may be continued from time to 87.19 time. After receipt of the agency's report and the hearing, the 87.20 office may revise the proposed plan giving appropriate 87.21 consideration to all comments received and thereafter shall 87.22 adopt the plan by resolution. 87.23 Sec. 101. Minnesota Statutes 1998, section 473.146, is 87.24 amended by adding a subdivision to read: 87.25 Subd. 2f. [EFFECT.] Adopted policy plans must be followed 87.26 by the office and the affected metropolitan agency. 87.27 Sec. 102. Minnesota Statutes 1998, section 473.146, is 87.28 amended by adding a subdivision to read: 87.29 Subd. 2g. [AMENDMENT.] An amendment to a policy plan may 87.30 be initiated by the office or by an affected metropolitan 87.31 agency. At least every five years the office shall engage in a 87.32 comprehensive review of the policy plan and revise the plan as 87.33 necessary. The office shall amend a policy plan in accordance 87.34 with the procedures established in this section. 87.35 Sec. 103. Minnesota Statutes 1998, section 473.149, 87.36 subdivision 3, is amended to read: 88.1 Subd. 3. [PREPARATION; ADOPTION; AND REVISION.] (a) The 88.2 solid waste policy plan shall be prepared, adopted, and revised 88.3 as necessary in accordance with paragraphs (c) to (e), after 88.4 consultation with the metropolitan counties and the pollution 88.5 control agency. 88.6 (b) Revisions to the policy plan are exempt from the 88.7 rulemaking provisions of chapter 14. 88.8 (c) Before beginning preparation of revisions to the policy 88.9 plan, the director shall publish a predrafting notice in the 88.10 State Register that includes a statement of the subjects 88.11 expected to be covered by the revisions, including a summary of 88.12 the important problems and issues. The notice must solicit 88.13 comments from the public and state that the comments must be 88.14 received by the director within 45 days of publication of the 88.15 notice. The director shall consider the comments in preparing 88.16 the revisions. 88.17 (d) After publication of the predrafting notice and before 88.18 adopting revisions to the policy plan, the director shall 88.19 publish a notice in the State Register that: 88.20 (1) contains a summary of the proposed revisions; 88.21 (2) invites public comment; 88.22 (3) lists locations where the proposed revised policy plan 88.23 can be reviewed and states that copies of the proposed revised 88.24 policy plan can also be obtained from the office; 88.25 (4) states a location for a public meeting on the revisions 88.26 at a time no earlier than 30 days from the date of publication; 88.27 and 88.28 (5) advises the public that they have 30 days from the date 88.29 of the public meeting in clause (4) to submit comments on the 88.30 revisions to the director. 88.31 (e) At the meeting described in paragraph (d), clause (4), 88.32 the public shall be given an opportunity to present their views 88.33 on the policy plan revisions. The director shall incorporate 88.34 any amendments to the proposed revisions that, in the director's 88.35 view, will help to carry out the requirements of subdivisions 1, 88.36 2d, and 2e. At or before the time that policy plan revisions 89.1 are finally adopted, the director shall issue a report that 89.2 addresses issues raised in the public comments. The report 89.3 shall be made available to the public and mailed to interested 89.4 persons who have submitted their names and addresses to the 89.5 director. 89.6 (f) The criteria and standards adopted in the policy plan 89.7 for review of solid waste facility permits pursuant to section 89.8 473.823, subdivision 3; for issuance of certificates of need 89.9 pursuant to section 473.823, subdivision 6; and for review of 89.10 solid waste contracts pursuant to section 473.813 may be 89.11 appealed to the court of appeals within 30 days after final 89.12 adoption of the policy plan. The court may declare the 89.13 challenged portion of the policy plan invalid if it violates 89.14 constitutional provisions, is in excess of statutory authority 89.15 of the director, or was adopted without compliance with the 89.16 procedures in this subdivision. The review shall be on the 89.17 record created during the adoption of the policy plan, except 89.18 that additional evidence may be included in the record if the 89.19 court finds that the additional evidence is material and there 89.20 were good reasons for failure to present it in the proceedings 89.21 described in paragraphs (c) to (e). 89.22 (g)The metropolitan council orA metropolitan county, 89.23 local government unit, commission, or person shall not acquire, 89.24 construct, improve or operate any solid waste facility in the 89.25 metropolitan area except in accordance with the plan and section 89.26 473.823, provided that no solid waste facility in use when a 89.27 plan is adopted shall be discontinued solely because it is not 89.28 located in an area designated in the plan as acceptable for the 89.29 location of such facilities. 89.30 Sec. 104. Minnesota Statutes 1998, section 473.151, is 89.31 amended to read: 89.32 473.151 [DISCLOSURE.] 89.33 For the purpose of the rules, plans, and reports required 89.34 or authorized by sections 473.149, 473.516, 473.801 to 473.823 89.35 and this section, each generator of hazardous waste and each 89.36 owner or operator of a collection service or waste facility 90.1 annually shall make the following information available to the 90.2 agency,council,office of environmental assistance, and 90.3 metropolitan counties: a schedule of rates and charges in 90.4 effect or proposed for a collection service or the processing of 90.5 waste delivered to a waste facility and a description, in 90.6 aggregate amounts indicating the general character of the solid 90.7 and hazardous waste collection and processing system, of the 90.8 types and the quantity, by types, of waste generated, collected, 90.9 or processed. The county,council,office, and agency shall act 90.10 in accordance with the provisions of section 116.075, 90.11 subdivision 2, with respect to information for which 90.12 confidentiality is claimed. 90.13 Sec. 105. Minnesota Statutes 1998, section 473.8011, is 90.14 amended to read: 90.15 473.8011 [METROPOLITAN AGENCY RECYCLING GOAL.] 90.16By December 31, 1993, the metropolitan council,Each 90.17 metropolitan agency as defined in section 473.121, and the 90.18 metropolitan mosquito control district established in section 90.19 473.702 shall recycle at least 40 percent by weight of the solid 90.20 waste generated by their offices or other operations. The 90.21 director shall provide information and technical assistance to 90.22 thecouncil,agencies,and the district to implement effective 90.23 recycling programs. 90.24 By August 1 of each year,the council,each agency,and the 90.25 district shall submit to the office a report for the previous 90.26 fiscal year describing recycling rates, specified by the county 90.27 in which thecouncil,agency,or operation is located, and 90.28 progress toward meeting the recycling goal. The office shall 90.29 incorporate the recycling rates reported in the respective 90.30 county's recycling rates for the previous fiscal year. 90.31 If the goal is not met,the council,each agency,or the 90.32 district must include in its1994annual report reasons for not 90.33 meeting the goal and a plan for meeting it in the future. 90.34 Sec. 106. Minnesota Statutes 1998, section 473.834, 90.35 subdivision 2, is amended to read: 90.36 Subd. 2. [ALLOCATION OF DEBT SERVICE.] The annual debt 91.1 service on the former metropolitan council's solid waste bonds, 91.2 issued under Minnesota Statutes 1990, section 473.831, shall be 91.3 annually apportionedand certified by the councilto each county 91.4 in the metropolitan area, in the proportion that the net tax 91.5 capacity of all taxable property within each county bears to the 91.6 net tax capacity of the taxable property in all the counties, 91.7 except that the apportionment to each county shall first be 91.8 adjusted to reflect exemptions from payment required by 91.9 subdivision 1. The auditors of the metropolitan counties shall 91.10 see to the administration of this section. 91.11 Sec. 107. Minnesota Statutes 1998, section 473.910, 91.12 subdivision 3, is amended to read: 91.13 Subd. 3. [MEMBERSHIP.] The board shall be composed of 91.141312 members. Three members must be appointed by the 91.15 Minneapolis city council from among its members; three by the 91.16 Hennepin county board, from among its members; one by the 91.17 Minneapolis park board, from among its members;one by the91.18metropolitan council, from among its members;two members of the 91.19 public appointed by the Minneapolis city council; two members of 91.20 the public appointed by the Hennepin county board; and one 91.21 member appointed by the member of Congress from the fifth 91.22 district or the member's designee. The public members must 91.23 reside or do business in the affected area. 91.24 Sec. 108. Minnesota Statutes 1998, section 477A.011, 91.25 subdivision 3, is amended to read: 91.26 Subd. 3. [POPULATION.] "Population" means the population 91.27 established as of July 1 in an aid calculation year by the most 91.28 recent federal census, by a special census conducted under 91.29 contract with the United States Bureau of the Census,by a91.30population estimate made by the metropolitan council, orby a 91.31 population estimate of the state demographer made pursuant to 91.32 section 4A.02, whichever is the most recent as to the stated 91.33 date of the count or estimate for the preceding calendar year. 91.34 The term "per capita" refers to population as defined by this 91.35 subdivision. 91.36 Sec. 109. Minnesota Statutes 1998, section 572A.02, 92.1 subdivision 5, is amended to read: 92.2 Subd. 5. [DECISION FACTORS.] In comprehensive planning 92.3 disputes, the arbitration panel shall consider the goals stated 92.4 in section 4A.08 and the following factors in making a 92.5 decision. In all other disputes brought under this section, the 92.6 arbitration panel shall consider the following factors in making 92.7 a decision: 92.8 (1) present population and number of households, past 92.9 population, and projected population growth of the subject area 92.10 and adjacent units of local government; 92.11 (2) quantity of land within the subject area and adjacent 92.12 units of local government; and natural terrain including 92.13 recognizable physical features, general topography, major 92.14 watersheds, soil conditions, and such natural features as 92.15 rivers, lakes, and major bluffs; 92.16 (3) degree of contiguity of the boundaries between the 92.17 municipality and the subject area; 92.18 (4) present pattern of physical development, planning, and 92.19 intended land uses in the subject area and the municipality 92.20 including residential, industrial, commercial, agricultural, and 92.21 institutional land uses and the impact of the proposed action on 92.22 those land uses; 92.23 (5) the present transportation network and potential 92.24 transportation issues, including proposed highway development; 92.25 (6) land use controls and planning presently being utilized 92.26 in the municipality and the subject area, including 92.27 comprehensive plans for development in the area and the plans 92.28 and policies of themetropolitan counciloffice of strategic and 92.29 long-range planning for the metropolitan areas provided in 92.30 chapter 473, and whether there are inconsistencies between 92.31 proposed development and existing land use controls and the 92.32 reasons therefore; 92.33 (7) existing levels of governmental services being provided 92.34 in the municipality and the subject area, including water and 92.35 sewer service, fire rating and protection, law enforcement, 92.36 street improvements and maintenance, administrative services, 93.1 and recreational facilities and the impact of the proposed 93.2 action on the delivery of said services; 93.3 (8) existing or potential environmental problems and 93.4 whether the proposed action is likely to improve or resolve 93.5 these problems; 93.6 (9) plans and programs by the municipality for providing 93.7 needed governmental services to the subject area; 93.8 (10) an analysis of the fiscal impact on the municipality, 93.9 the subject area, and adjacent units of local government, 93.10 including net tax capacity and the present bonded indebtedness, 93.11 and the local tax rates of the county, school district, and 93.12 township; 93.13 (11) relationship and effect of the proposed action on 93.14 affected and adjacent school districts and communities; 93.15 (12) adequacy of town government to deliver services to the 93.16 subject area; 93.17 (13) analysis of whether necessary governmental services 93.18 can best be provided through the proposed action or another type 93.19 of boundary adjustment; and 93.20 (14) if only a part of a township is annexed, the ability 93.21 of the remainder of the township to continue or the feasibility 93.22 of it being incorporated separately or being annexed to another 93.23 municipality. 93.24 Any party to the proceeding may present evidence and testimony 93.25 on any of the above factors at the hearing on the matter. 93.26 Sec. 110. [REPEALER.] 93.27 (a) Minnesota Statutes 1998, sections 103B.235, subdivision 93.28 3a; 115A.03, subdivision 19; 403.07, subdivision 2; 462.382; 93.29 462C.071, subdivision 4; 465.795, subdivision 3; 473.121, 93.30 subdivisions 3 and 8; 473.123; 473.125; 473.127; 473.129, 93.31 subdivisions 1, 2, 3, 4, 5, 6, 7, 9, and 10; 473.1295; 473.13; 93.32 473.132; 473.155; 473.1551; 473.156; 473.1623; 473.164; 473.171; 93.33 473.173; 473.191; 473.23; 473.241; 473.242; 473.243; 473.244; 93.34 473.245; 473.247; and 473.249, are repealed. 93.35 (b) Minnesota Statutes 1999 Supplement, section 473.129, 93.36 subdivision 8, is repealed. 94.1 Sec. 111. [EFFECTIVE DATE.] 94.2 This article is effective July 1, 2001. 94.3 ARTICLE 2 94.4 PARKS AND OPEN SPACE 94.5 Section 1. Minnesota Statutes 1998, section 473.121, 94.6 subdivision 5a, is amended to read: 94.7 Subd. 5a. [METROPOLITAN AGENCY.] "Metropolitan agency" 94.8 means themetropolitan parks and open space commission,94.9 metropolitan airports commission,and the metropolitan sports 94.10 facilities commission. 94.11 Sec. 2. Minnesota Statutes 1998, section 473.121, 94.12 subdivision 14, is amended to read: 94.13 Subd. 14. [REGIONAL RECREATION OPEN SPACE.] "Regional 94.14 recreation open space" means land and water areas, or interests 94.15 therein, and facilities determined by themetropolitan council94.16 office of strategic and long-range planning to be of regional 94.17 importance in providing for a balanced system of public outdoor 94.18 recreation for the metropolitan area, including but not limited 94.19 to park reserves, major linear parks and trails, large 94.20 recreation parks, and conservatories, zoos, and other special 94.21 use facilities. 94.22 Sec. 3. Minnesota Statutes 1998, section 473.147, is 94.23 amended to read: 94.24 473.147 [REGIONAL RECREATION OPEN SPACE SYSTEM POLICY 94.25 PLAN.] 94.26 Subdivision 1. [REQUIREMENTS.] Themetropolitan94.27counciloffice after consultation withthe parks and open space94.28commission,municipalities, park districts and counties in the 94.29 metropolitan area, and after appropriate public hearings, shall 94.30 prepare and adopt a long-range system policy plan for regional 94.31 recreation open space as part of thecouncil'soffice's 94.32 metropolitan development guide. The plan shall substantially 94.33 conform to all policy statements, purposes, goals, standards, 94.34 and maps in development guide sections and comprehensive plans 94.35 as developedand adoptedby thecouncil pursuant to the chapters94.36of the Minnesota Statutes directly relating to the95.1counciloffice. The policy plan shall identify generally the 95.2 areas which should be acquired by a public agency to provide a 95.3 system of regional recreation open space comprising park 95.4 district, county and municipal facilities which, together with 95.5 state facilities, reasonably will meet the outdoor recreation 95.6 needs of the people of the metropolitan area and shall establish 95.7 priorities for acquisition and development.In preparing or95.8amending the policy plan the council shall consult with and make95.9maximum use of the expertise of the commission.The policy plan 95.10 shall include a five year capital improvement program, which 95.11 shall be revised periodically, and shall establish criteria and 95.12 priorities for the allocation of funds for such acquisition and 95.13 development. The legislature in each bonding measure shall 95.14 designate an anticipated level of funding for this acquisition 95.15 and development for each of the two succeeding bienniums. 95.16 Subd. 2. [REVIEW, COMMENT,HEARING; REVISION.]Before95.17adopting the policy plan, the council shall submit the proposed95.18plan to the parks and open space commission for its review, and95.19the commission shall report its comments to the council within95.2060 days.Thecouncildirector of the office shall hold a public 95.21 hearing on the proposed policy plan at such time and place in 95.22 the metropolitan area asitthe director shall determine. Not 95.23 less than 15 days before the hearing, thecounciloffice shall 95.24 publish notice thereof in a newspaper or newspapers having 95.25 general circulation in the metropolitan area, stating the date, 95.26 time and place of hearing, and the place where the proposed 95.27 policy planand commission commentsmay be examined by any 95.28 interested person. At any hearing interested persons shall be 95.29 permitted to present their views on the policy plan, and the 95.30 hearing may be continued from time to time. Afterreceipt of95.31 thecommission's report andhearing, thecounciloffice may 95.32 revise the proposed plan giving appropriate consideration to all 95.33 comments received, and thereafter shalladopt the plan by95.34resolutionmake the plan final. An amendment to the policy plan 95.35 may be proposed by thecouncil or by the parks and open space95.36commissionoffice. At least every four years thecounciloffice 96.1 shall engage in a comprehensive review of the policy plan, 96.2 development guide sections, comprehensive plans, capital 96.3 improvement programs and other plans in substantial conformance 96.4 with the requirements of subdivision 1 which have been adopted 96.5 by thecounciloffice. 96.6 Sec. 4. Minnesota Statutes 1998, section 473.301, 96.7 subdivision 2, is amended to read: 96.8 Subd. 2. [POLICY PLAN.] "Policy plan" means a plan adopted 96.9 by thecounciloffice pursuant to section 473.147, generally 96.10 describing the extent, type and location of regional recreation 96.11 open space needed for the metropolitan area and the timing of 96.12 its acquisition and development. 96.13 Sec. 5. Minnesota Statutes 1998, section 473.301, 96.14 subdivision 4, is amended to read: 96.15 Subd. 4. [COMMISSIONOFFICE.]"Commission""Office" means 96.16 themetropolitan parks and open space commissionoffice of 96.17 strategic and long-range planning created by section 96.18473.3034A.01. 96.19 Sec. 6. Minnesota Statutes 1998, section 473.313, is 96.20 amended to read: 96.21 473.313 [MASTER PLANS.] 96.22 Subdivision 1. [ADOPTION.] Each park district located 96.23 wholly or partially within the metropolitan area, and each 96.24 county in the metropolitan area not wholly within a park 96.25 district, shall prepare, after consultation with all affected 96.26 municipalities, and submit to themetropolitan counciloffice, 96.27 and from time to time revise and resubmit to thecounciloffice, 96.28 a master plan and annual budget for the acquisition and 96.29 development of regional recreation open space located within the 96.30 district or county, consistent with thecouncil'soffice's 96.31 policy plan. 96.32 Subd. 2. [COUNCILOFFICE REVIEW.] Themetropolitan council96.33 office shall reviewwith the advice of the commission,each 96.34 master plan to determine whether it is consistent with 96.35 thecouncil'soffice's policy plan. If it is not consistent, 96.36 thecounciloffice shall return the plan with its comments to 97.1 the municipalities, park district or county for revision and 97.2 resubmittal. 97.3 Sec. 7. Minnesota Statutes 1998, section 473.315, 97.4 subdivision 1, is amended to read: 97.5 Subdivision 1. [TO METRO LOCAL GOVERNMENTS.] The 97.6metropolitan council with the advice of the commissionoffice 97.7 may make grants, from any funds available to it for recreation 97.8 open space purposes, to any municipality, park district or 97.9 county located wholly or partially within the metropolitan area 97.10 to cover the cost, or any portion of the cost, of acquiring or 97.11 developing regional recreation open space in accordance with the 97.12 policy plan; and all such agencies may enter into contracts for 97.13 this purpose or rights or interests therein. The cost of 97.14 acquisition shall include any payments required for relocation 97.15 pursuant to sections 117.50 to 117.56. 97.16 Sec. 8. Minnesota Statutes 1998, section 473.334, 97.17 subdivision 1, is amended to read: 97.18 Subdivision 1. [GENERALLY.] In determining the special 97.19 benefit received by regional recreation open space system 97.20 property as defined in sections 473.301 to 473.351 from an 97.21 improvement for which a special assessment upon an implementing 97.22 agency as defined in section 473.351 is determined, the 97.23 governing body shall not consider any use of the property other 97.24 than as regional recreation open space property at the time the 97.25 special assessment is determined. Themetropolitan council97.26 implementing agency shall not be bound by the determination of 97.27 the governing body of the city but may pay a lesser amount, as 97.28 agreed upon by themetropolitan councilimplementing agency and 97.29 the governing body of the city, as they determine is the measure 97.30 of benefit to the land from the improvement. 97.31 Sec. 9. Minnesota Statutes 1998, section 473.341, is 97.32 amended to read: 97.33 473.341 [TAX EQUIVALENTS.] 97.34 In the year in whichthe metropolitan council oran 97.35 implementing agency as defined in section 473.351 acquires fee 97.36 title to any real property included in the regional recreation 98.1 open space system, themetropolitan council shall grant98.2sufficient funds to the appropriateimplementing agencytomust 98.3 make the tax equivalent payment required in this section. The 98.4councilimplementing agency shall determine the total amount of 98.5 property taxes levied on the real property for municipal or 98.6 township purposes for collection in the year in which title 98.7 passed. The municipality or township in which the real property 98.8 is situated shall be paid 180 percent of the total tax amount 98.9 determined by thecouncilimplementing agency. If the 98.10 implementing agency has granted a life estate to the seller of 98.11 the real property and the seller is obligated to pay property 98.12 taxes on the property, this tax equivalent shall not be paid 98.13 until the life estate ends. All amounts paid pursuant to this 98.14 section are costs of acquisition of the real property acquired. 98.15 Sec. 10. Minnesota Statutes 1998, section 473.351, is 98.16 amended to read: 98.17 473.351 [METROPOLITAN AREA REGIONAL PARKS FUNDING.] 98.18 Subdivision 1. [DEFINITIONS.] The definitions in this 98.19 subdivision apply to this section. 98.20 (a) "Implementing agency" means the counties of Anoka, 98.21 Washington, Ramsey, Scott, Carver, Dakota, the city of St. Paul, 98.22 the city of Bloomington, the Minneapolis park and recreation 98.23 board, and the Hennepin county park reserve district. 98.24 (b) "Operation and maintenance expenditures" means the cost 98.25 of providing for the operation and maintenance of waters, lands, 98.26 and facilities that are a part of the metropolitan area regional 98.27 park and open space system, including but not limited to, the 98.28 provision of fire, police, maintenance, forestry, rehabilitation 98.29 expenses pertaining to routine care, and the allocation of the 98.30 administrative overhead costs of the regional park and open 98.31 space systems. 98.32 (c) "Operation and maintenance money" means money 98.33 appropriated by the legislature to thecommissioner of trade and98.34economic developmentoffice for distributionby the metropolitan98.35council. 98.36 (d) "Regional recreation open space systems" means those 99.1 parks that have been so designated by the metropolitan council 99.2 under section 473.145 before January 1, 2000. 99.3 Subd. 2. [METROPOLITAN COUNCILDNR OBLIGATION.] Annually 99.4 before August 1the metropolitan council shall distribute grant99.5money received fromthe commissioner of natural resources shall 99.6 distribute grant money to fund the operation and maintenance 99.7 expenditures of the implementing agencies for the operation and 99.8 maintenance of regional park and open space systems. 99.9 Themetropolitan councilcommissioner of natural resources shall 99.10 annually report to the legislature the amount distributed to 99.11 each implementing agency and its estimate of the percentage of 99.12 operation and maintenance expenditures paid for with operation 99.13 and maintenance money. 99.14 Subd. 3. [ALLOCATION FORMULA.] By July 1 of every year 99.15 each implementing agency must submit to themetropolitan parks99.16and open space commissioncommissioner a statement of the next 99.17 annual anticipated operation and maintenance expenditures of the 99.18 regional recreation open space parks systems within their 99.19 respective jurisdictions and the previous year's actual 99.20 expenditures. After reviewing the actual expenditures submitted 99.21 and by July 15 of each year, theparks and open space commission99.22shall forward to the metropolitan council the funding requests99.23from the implementing agencies based on the actual expenditures99.24made. The metropolitan councilcommissioner shall distribute 99.25 the operation and maintenance money as follows: 99.26 (1) 40 percent based on the use that each implementing 99.27 agency's regional recreation open space system has in proportion 99.28 to the total use of the metropolitan regional recreation open 99.29 space system; 99.30 (2) 40 percent based on the operation and maintenance 99.31 expenditures made in the previous year by each implementing 99.32 agency in proportion to the total operation and maintenance 99.33 expenditures of all of the implementing agencies; and 99.34 (3) 20 percent based on the acreage that each implementing 99.35 agency's regional recreation open space system has in proportion 99.36 to the total acreage of the metropolitan regional recreation 100.1 open space system. The 80 percent natural resource management 100.2 land acreage of the park reserves must be divided by four in 100.3 calculating the distribution under this clause. 100.4 Each implementing agency must receive no less than 40 100.5 percent of its actual operation and maintenance expenses to be 100.6 incurred in the current calendar year budget as submitted to the 100.7 parks and open space commission. If the available operation and 100.8 maintenance money is less than the total amount determined by 100.9 the formula including the preceding, the implementing agencies 100.10 will share the available money in proportion to the amounts they 100.11 would otherwise be entitled to under the formula. 100.12 Subd. 4. [IMPLEMENTING AGENCY CONTROL.] This section does 100.13 not affect, change, alter, transfer, or modify the governance, 100.14 administration, jurisdiction, or control of the implementing 100.15 agencies over the parks, water, lands, and facilities they 100.16 presently or in the future may administer, govern, or control, 100.17 nor the employment relationship between the implementing 100.18 agencies and their present and future employees. 100.19 Subd. 6. [RESTRICTION.] A metropolitan area regional park 100.20 receiving grant money for maintenance and operation costs must 100.21 agree: 100.22 (1) to sell or promote licenses, passes, or registrations 100.23 required to engage in recreational activities appropriate to the 100.24 park or the site of the park when a building on the park site is 100.25 staffed and open to the public; and 100.26 (2) to provide drinking water supplies adequate for the 100.27 recreational uses of the park. Each implementing agency must 100.28 consult with groups representing users of its parks to determine 100.29 the adequacy of drinking water supplies. 100.30 Sec. 11. [BONDS.] 100.31 Bonds authorized by Minnesota Statutes, sections 473.325 100.32 and 473.326 that are outstanding on the effective date of this 100.33 article must be paid and retired according to those sections and 100.34 the terms of the bonds. The auditors of the metropolitan 100.35 counties shall see to the administration of this section. 100.36 Sec. 12. [SUCCESSORS; ASSET ALLOCATION.] 101.1 (a) The implementing agency as defined in Minnesota 101.2 Statutes, section 473.351, or if none, the municipality, as 101.3 defined in Minnesota Statutes, section 473.301, in which is 101.4 located park or open space land owned by the metropolitan 101.5 council or the metropolitan parks and open space commission on 101.6 the effective date of this article, is the successor to all 101.7 right, title, and interest in the park or open space. 101.8 (b) Assets of the metropolitan council or metropolitan 101.9 parks and open space commission attributable to the regional 101.10 recreation open space systems defined in Minnesota Statutes, 101.11 section 473.351, shall be allocated to those implementing 101.12 agencies or municipalities by the commissioner of natural 101.13 resources using the allocation formula in Minnesota Statutes, 101.14 section 473.351. 101.15 Sec. 13. [TAX EQUIVALENTS.] 101.16 If tax equivalents under Minnesota Statutes, section 101.17 473.341, are owed by an implementing agency as defined in 101.18 Minnesota Statutes, section 473.351, to a municipality as 101.19 defined in Minnesota Statutes, section 473.301, that is not an 101.20 implementing agency, on the termination of a life estate, the 101.21 implementing agency must make the payment. 101.22 Sec. 14. [REPEALER.] 101.23 Minnesota Statutes 1998, sections 473.121, subdivision 12; 101.24 473.303; 473.315, subdivision 2; 473.325; 473.326; and 473.333, 101.25 are repealed. 101.26 Sec. 15. [EFFECTIVE DATE.] 101.27 This article is effective July 1, 2001. 101.28 ARTICLE 3 101.29 TRANSPORTATION 101.30 Section 1. Minnesota Statutes 1998, section 117.57, 101.31 subdivision 3, is amended to read: 101.32 Subd. 3. [RELATION TO REGIONAL RAILROAD AUTHORITIES.] An 101.33 authority shall not be adjudged to have a superior public use to 101.34 that of a regional railroad authority as defined in section 101.35 398A.01, a railroad property which has been identified and 101.36 approved as a light rail corridor by the former metropolitan 102.1 council under chapter 473, or a state trail covered by section 102.2 85.015. 102.3 Sec. 2. Minnesota Statutes 1998, section 160.265, 102.4 subdivision 1, is amended to read: 102.5 Subdivision 1. [STATE BIKEWAYS.] The commissioner of 102.6 transportation shall establish a program for the development of 102.7 bikeways primarily on existing road rights-of-way. The program 102.8 shall include a system of bikeways to be established, developed, 102.9 maintained, and operated by the commissioner of transportation 102.10 and a system of state grants for the development of local 102.11 bikeways primarily on existing road rights-of-way. The program 102.12 shall be coordinated with the local park trail grant program 102.13 pursuant to section 85.019, with the bicycle trail program 102.14 established by the commissioner of natural resources pursuant to 102.15 section 85.016, with the development of the statewide 102.16 transportation plan pursuant to section 174.03, and with 102.17 existing and proposed local bikeways. In the metropolitan area 102.18 as defined in section 473.121, the program shall be developed in 102.19 accordance with plans and priorities established by the 102.20metropolitan counciloffice of strategic and long-range planning. 102.21 The program shall be developed after consultation with the state 102.22 trail council, local units of government, and bicyclist 102.23 organizations. The program shall be administered in accordance 102.24 with the provisions of sections 160.262 to 160.264 and standards 102.25 promulgated pursuant thereto. The commissioner shall compile 102.26 and maintain a current registry of bikeways in the state and 102.27 shall publish and distribute the information contained in the 102.28 registry in a form and manner suitable to assist persons wishing 102.29 to use the bikeways. Themetropolitan counciloffice of 102.30 strategic and long-range planning, the commissioner of natural 102.31 resources, the commissioner of trade and economic development, 102.32 the Minnesota historical society, and local units of government 102.33 shall cooperate with and assist the commissioner of 102.34 transportation in preparing the registry. The commissioner 102.35 shall have all powers necessary and convenient to establish the 102.36 program pursuant to this section including but not limited to 103.1 the authority to adopt rules pursuant to chapter 14. 103.2 Sec. 3. Minnesota Statutes 1998, section 161.17, 103.3 subdivision 2, is amended to read: 103.4 Subd. 2. [INTERSTATE SYSTEM.] It is hereby declared that 103.5 construction of the interstate system of highways will vitally 103.6 affect the future development of the cities through which these 103.7 routes pass and such municipalities should have an important 103.8 role in the development of this highway system; that on the 103.9 other hand the future planning and programming of construction 103.10 projects over a period of years is necessary to take maximum 103.11 advantage of federal aid and to build a unified and coordinated 103.12 interstate system; that excessive delay in local approval of 103.13 plans for construction of one segment may seriously impede 103.14 completion of the entire system and adversely affect other 103.15 municipalities along the interstate routes; that the mutual 103.16 exchange of information and close cooperation between the 103.17 department and local governing bodies should be encouraged by 103.18 improved administrative processes for securing orderly review of 103.19 plans and the resolution of differences over interstate routes 103.20 and projects; and that the provisions of sections 161.171 to 103.21 161.177 for local approval of trunk highway plans must be 103.22 modified for the interstate highway system in the light of these 103.23 various considerations. Before proceeding with the preparation 103.24 of the final plans for the construction, reconstruction, or 103.25 improvement of any route on the interstate system lying within 103.26 any city, the commissioner shall submit to its governing body 103.27 preliminary plans covering the route location. The preliminary 103.28 plans shall be submitted as part of a report containing such 103.29 supporting data that the commissioner deems helpful to the 103.30 governing body in appraising the plans submitted. 103.31 Any public hearing on location of an interstate route held 103.32 in compliance with federal requirements shall be held at least 103.33 one month after submission to the governing body of the report 103.34 provided for in this subdivision. After the public hearing and 103.35 on preparing final plans, the commissioner shall submit the 103.36 final plans to the governing body for approval. If the 104.1 governing body does not approve the final plans within three 104.2 months after submitted, the commissioner may refer the plans to 104.3 (1) theTwin Cities Metropolitan Area Planning Commissionoffice 104.4 of strategic and long-range planning, if the project is within 104.5 the metropolitan areaof its jurisdictionas defined in section 104.6 473.121, subdivision 2, or (2) the municipal advisory committee 104.7 on state-aid rules established under section 162.09, subdivision 104.8 2, if the project is elsewhere in the state. If a member of the 104.9 advisory committee is from the municipality concerned that 104.10 member shall be excused. If the plans are so referred, the 104.11 commission or committee shall give the commissioner and the 104.12 governing body ample opportunity to present the case for or 104.13 against approval of the plans so referred. Not later than three 104.14 months after such hearings and independent study as it deems 104.15 desirable, it shall approve or disapprove such plans, making 104.16 such additional recommendations consistent with state and 104.17 federal requirements as it deems appropriate, and it shall 104.18 submit a written report containing its findings and 104.19 recommendations to the commissioner and the governing body. The 104.20 commissioner shall not proceed with the proposed construction, 104.21 reconstruction, or improvement except in accordance with plans 104.22 approved by the governing body or, if referred to the commission 104.23 or committee, until after the commission or committee has made 104.24 its report, and then only after the governing body has had an 104.25 additional 90 days within which to consider the plans originally 104.26 submitted or such modified plans as may be submitted to it by 104.27 the commissioner following the report of the commission or 104.28 committee. If within such 90-day period, the governing body 104.29 does not approve the plans submitted to it, and if the 104.30 commissioner then wishes to proceed with the project according 104.31 to plans differing substantially from the plans recommended by 104.32 the commission or committee in its report, the commissioner 104.33 shall, before proceeding with the project, file a written report 104.34 with the commission or committee and the governing body stating 104.35 fully the reasons for doing so. Whenever plans are referred to 104.36 theTwin Cities Metropolitan Area Planning Commissionoffice of 105.1 strategic and long-range planning, thecommissionoffice shall 105.2 be reimbursed from the trunk highway fund for actual and 105.3 necessary expenses incurred by the commission in staff work 105.4 incident to consideration of plans and action thereon by the 105.5commissionoffice. Whenever plans are referred to the advisory 105.6 committee on rules, members of the committee shall be paid their 105.7 necessary expenses to the same extent and in the same manner as 105.8 for its duties in considering the commissioner's rules. 105.9 Sec. 4. Minnesota Statutes 1998, section 161.171, 105.10 subdivision 5, is amended to read: 105.11 Subd. 5. [METROPOLITAN AREA.] "Metropolitan area" includes 105.12 the counties of Anoka, Carver, Dakota, Hennepin, Ramsey, Scott, 105.13 and Washington, presently under the jurisdiction, for105.14metropolitan area planning and coordination purposes, of the105.15metropolitan council established pursuant to chapter 473, which105.16council is hereinafter referred to as "agency". 105.17 Sec. 5. Minnesota Statutes 1998, section 161.173, is 105.18 amended to read: 105.19 161.173 [SUBMISSION OF CORRIDOR PROPOSAL.] 105.20 The commissioner shall submit to the governing body of each 105.21 municipality wherein a trunk highway is proposed to be 105.22 constructed or improved, and to the governing body of each 105.23 municipality adjacent to any such municipality, a report 105.24 containing: a statement of the need for this proposed 105.25 construction or improvement, a description of alternate routes 105.26 which were considered by the commissioner and an explanation of 105.27 the advantages and disadvantages in the selection of any route 105.28 considered. The report shall also contain for each alternate, 105.29 the following information: general alignment and profile, 105.30 approximate points of access, highway classification, an 105.31 approximate cost estimate, relation to existing and planned 105.32 regional and local development and to other transportation 105.33 routes and facilities, and a statement of the expected general 105.34 effect on present and future use of the property within the 105.35 corridor. Where a state trunk highway is proposed to be 105.36 constructed or improved within the metropolitan area, a copy of 106.1 the report shall also be submitted to themetropolitan106.2counciloffice of strategic and long-range planning. In all 106.3 areas of the state a copy of the report shall be sent to 106.4 established regional, county and municipal planning commissions 106.5 in the area affected by the highway project. Not less than 45 106.6 nor more than 90 days, or as otherwise mutually agreed, after 106.7 the report has been submitted, the commissioner shall hold a 106.8 public hearing on the proposed highway construction or 106.9 improvement at such time and place within any municipality 106.10 wherein a portion of the proposed construction or improvement is 106.11 located, as the commissioner shall determine. Not less than 30 106.12 days before the hearing the commissioner shall mail notice 106.13 thereof to the governing body of each municipality or agency 106.14 entitled to receive a copy of the report, and shall cause notice 106.15 of the hearing to be published at least once each week for two 106.16 successive weeks in a newspaper or newspapers having general 106.17 circulation in such municipalities, the second publication to be 106.18 not less than five days before the date of the hearing. The 106.19 notice shall state the date, time, place and purpose of the 106.20 hearing, shall describe the proposed or actual general location 106.21 of the highway to be constructed or improved, and shall state 106.22 where the report may be inspected prior to the hearing by any 106.23 interested person. The hearing shall be conducted by the 106.24 commissioner or the commissioner's designee, and shall be 106.25 transcribed and a record thereof mailed to each municipality or 106.26 agency entitled to receive a copy of the report. All interested 106.27 persons shall be permitted to present their views on the 106.28 proposed highway construction or improvement. The hearing may 106.29 be continued as often as necessary. Within 120 days after the 106.30 hearing is completed, the governing body of each municipality or 106.31 agency entitled to receive a copy of the report shall submit to 106.32 the commissioner its approval or disapproval of the report. If 106.33 all or any part of the report is disapproved, the municipality 106.34 or agency shall state the reasons for such disapproval and 106.35 suggested changes in the report. The commissioner shall, before 106.36 preparing additional plans for the proposed highway construction 107.1 or improvement, submit to the governing body of each 107.2 municipality or agency disapproving the report, a statement 107.3 accepting or rejecting any suggested changes and the reasons for 107.4 acceptance or rejection. 107.5 Sec. 6. Minnesota Statutes 1998, section 161.174, is 107.6 amended to read: 107.7 161.174 [SUBMISSION OF LAYOUT PLANS.] 107.8 The commissioner shall submit to the governing body of each 107.9 municipality wherein a highway is proposed to be constructed or 107.10 improved, a proposed layout plan for the highway construction or 107.11 improvement containing: the proposed location, elevation, width 107.12 and geometrics of the construction or improvement, together with 107.13 a statement of the reasons therefor. Said plan shall also 107.14 contain: approximate right-of-way limits; a tentative schedule 107.15 for right-of-way acquisition, if known; proposed access points; 107.16 frontage roads; separation structures and interchanges; location 107.17 of utilities, when known; landscaping, illumination, a tentative 107.18 construction schedule, if known; and the estimated cost of the 107.19 construction or improvement. The commissioner shall submit more 107.20 than one layout plan. Each such plan shall also be submitted to 107.21 themetropolitan counciloffice of strategic and long-range 107.22 planning if any portion of the proposed highway construction or 107.23 improvement is located in the metropolitan area. In all areas 107.24 of the state a copy of the layout plan shall be sent to 107.25 established regional, county and municipal planning commissions 107.26 in the area affected by the highway project. Not less than 90 107.27 nor more than 120 days after said plan has been submitted, the 107.28 commissioner shall hold a public hearing on the proposed highway 107.29 construction or improvement at such time and place within any 107.30 municipality wherein a portion of the construction or 107.31 improvement is located, as the commissioner shall determine. 107.32 The hearing shall be noticed, held and conducted in the manner 107.33 provided in section 161.173, except that the commissioner shall 107.34 mail notice of the hearing only to those municipalities and 107.35 agencies entitled to receive a copy of the layout plan. The 107.36 hearing shall be transcribed and a record thereof made available 108.1 to each municipality or agency entitled to receive a copy of 108.2 said plan. Within 180 days after the hearing is completed, the 108.3 commissioner shall formally adopt a layout plan. A copy of the 108.4 layout plan as adopted shall be submitted to each municipality 108.5 or agency entitled to receive a copy of the proposed plan, 108.6 together with the reasons for any change in the plan as 108.7 presented at the hearing. Within 120 days after the receipt of 108.8 the adopted layout plan, each such municipality or agency shall 108.9 submit to the commissioner its approval or disapproval of the 108.10 layout plan and the reasons for such disapproval, and proposed 108.11 alternatives, which may include a recommendation of no highway. 108.12 Such alternatives submitted by a municipality located within the 108.13 metropolitan area shall, upon request of the municipality, be 108.14 reviewed by themetropolitan counciloffice of strategic and 108.15 long-range planning in order to determine whether such 108.16 alternatives are likely to meet minimum federal requirements. 108.17 Themetropolitan counciloffice is authorized to provide 108.18 whatever assistance it deems advisable to the submitting 108.19 municipality in order to assist it in arriving at an alternative 108.20 which meets minimum federal requirements. If said plan or any 108.21 part thereof is not disapproved within such period, the 108.22 commissioner may proceed to prepare final construction plans and 108.23 specifications for the highway construction or improvement 108.24 consistent with the adopted layout plan, and may acquire the 108.25 necessary right-of-way. If the layout plan or any part thereof 108.26 is disapproved by any municipality or agency, and the 108.27 commissioner determines to proceed with the plan without 108.28 modifications, the commissioner shall proceed in the manner 108.29 provided in section 161.175. On determining to proceed with the 108.30 plan with modifications, the commissioner shall submit the 108.31 modified layout plan to the municipalities and agencies entitled 108.32 to receive the original layout plan in the manner described 108.33 above, for approval or disapproval by each such municipality or 108.34 agency within 60 days after receipt of the modified layout 108.35 plan. If the modified layout plan or any part thereof is not 108.36 disapproved by any municipality or agency within 60 days after 109.1 its receipt, the commissioner may proceed to prepare final 109.2 construction plans and specifications consistent with the 109.3 modified layout plan, and may acquire the necessary 109.4 right-of-way. If the modified plan is disapproved by any 109.5 municipality and the commissioner determines to proceed with the 109.6 plan without additional modification, the commissioner shall 109.7 proceed in the manner provided in section 161.175. If the 109.8 layout plan is disapproved, either as originally submitted or as 109.9 modified and the commissioner does not act pursuant to section 109.10 161.175, within one year from the date of the completion of the 109.11 hearing, any objecting municipality entitled to receive a copy 109.12 of the layout plan by virtue of this section may invoke the 109.13 appellate procedure pursuant to section 161.175, in the same 109.14 manner as the same might be invoked by the commissioner. In the 109.15 event the appellate procedure is invoked by either the 109.16 commissioner or the municipality, the commissioner shall hold a 109.17 public hearing prior to the appointment of an appeal board. 109.18 Such hearing shall be limited to the proposed alternative layout 109.19 plans. 109.20 Sec. 7. Minnesota Statutes 1998, section 162.09, 109.21 subdivision 4, is amended to read: 109.22 Subd. 4. [FEDERAL CENSUS IS CONCLUSIVE.] (a) In 109.23 determining whether any city has a population of 5,000 or more, 109.24 the last federal census shall be conclusive, except as otherwise 109.25 provided in this subdivision. 109.26 (b) A city that has previously been classified as having a 109.27 population of 5,000 or more for the purposes of chapter 162 and 109.28 whose population decreases by less than 15 percent from the 109.29 census figure that last qualified the city for inclusion shall 109.30 receive the following percentages of its 1981 apportionment for 109.31 the years indicated: 1982, 66 percent and 1983, 33 percent. 109.32 Thereafter the city shall not receive any apportionment from the 109.33 municipal state-aid street fund unless its population is 109.34 determined to be 5,000 or over by a federal census. The 109.35 governing body of the city may contract with the United States 109.36 Bureau of the Census to take one special census before January 110.1 1, 1986. A certified copy of the results of the census shall be 110.2 filed with the appropriate state authorities by the city. The 110.3 result of the census shall be the population of the city for the 110.4 purposes of any law providing that population is a required 110.5 qualification for distribution of highway aids under chapter 110.6 162. The special census shall remain in effect until the 1990 110.7 federal census is completed and filed. The expense of taking 110.8 the special census shall be paid by the city. 110.9 (c) If an entire area not heretofore incorporated as a city 110.10 is incorporated as such during the interval between federal 110.11 censuses, its population shall be determined by its 110.12 incorporation census. The incorporation census shall be 110.13 determinative of the population of the city only until the next 110.14 federal census. 110.15 (d) The population of a city created by the consolidation 110.16 of two or more previously incorporated cities shall be 110.17 determined by the most recent population estimate of the 110.18metropolitan council orstate demographer, until the first 110.19 federal decennial census or special census taken after the 110.20 consolidation. 110.21 (e) The population of a city that is not receiving a 110.22 municipal state-aid street fund apportionment shall be 110.23 determined, upon request of the city, by the most recent 110.24 population estimate of themetropolitan council orstate 110.25 demographer. A municipal state-aid street fund apportionment 110.26 received by the city must be based on this population estimate 110.27 until the next federal decennial census or special census. 110.28 Sec. 8. Minnesota Statutes 1998, section 169.781, 110.29 subdivision 1, is amended to read: 110.30 Subdivision 1. [DEFINITIONS.] For purposes of sections 110.31 169.781 to 169.783: 110.32 (a) "Commercial motor vehicle" means: 110.33 (1) a commercial motor vehicle as defined in section 110.34 169.01, subdivision 75, paragraph (a); and 110.35 (2) each vehicle in a combination of more than 26,000 110.36 pounds. 111.1 "Commercial motor vehicle" does not include (1) a school 111.2 bus or Head Start bus displaying a certificate under section 111.3 169.451, (2) a bus operated by themetropolitan council111.4 department of transportation or by a local transit commission 111.5 created in chapter 458A, or (3) a motor vehicle with a gross 111.6 weight of not more than 26,000 pounds, carrying in bulk tanks a 111.7 total of not more than 200 gallons of petroleum products or 111.8 liquid fertilizer or pesticide. 111.9 (b) "Commissioner" means the commissioner of public safety. 111.10 (c) "Owner" means a person who owns, or has control, under 111.11 a lease of more than 30 days' duration, of one or more 111.12 commercial motor vehicles. 111.13 (d) "Storage semitrailer" means a semitrailer that (1) is 111.14 used exclusively to store property at a location not on a street 111.15 or highway, (2) does not contain any load when moved on a street 111.16 or highway, (3) is operated only during daylight hours, and (4) 111.17 is marked on each side of the semitrailer "storage only" in 111.18 letters at least six inches high. 111.19 (e) "Building mover vehicle" means a vehicle owned or 111.20 leased by a building mover as defined in section 221.81, 111.21 subdivision 1, paragraph (a), and used exclusively for moving 111.22 buildings. 111.23 Sec. 9. Minnesota Statutes 1998, section 169.791, 111.24 subdivision 5, is amended to read: 111.25 Subd. 5. [EXEMPTIONS.] Buses or other commercial vehicles 111.26 operated by themetropolitan councildepartment of 111.27 transportation, commercial vehicles required to file proof of 111.28 insurance pursuant to chapter 221, and school buses as defined 111.29 in section 171.01, subdivision 21, are exempt from this section. 111.30 Sec. 10. Minnesota Statutes 1998, section 169.792, 111.31 subdivision 11, is amended to read: 111.32 Subd. 11. [EXEMPTIONS.] Buses or other commercial vehicles 111.33 operated by themetropolitan councildepartment of 111.34 transportation, commercial vehicles required to file proof of 111.35 insurance pursuant to chapter 221, and school buses as defined 111.36 in section 171.01, subdivision 21, are exempt from this section. 112.1 Sec. 11. Minnesota Statutes 1998, section 174.03, 112.2 subdivision 1, is amended to read: 112.3 Subdivision 1. [STATEWIDE TRANSPORTATION PLAN; PRIORITIES; 112.4 SCHEDULE OF EXPENDITURES.] In order to best meet the present and 112.5 future transportation needs of the public, to insure a strong 112.6 state economy, to make most efficient use of public and private 112.7 funds, and to promote the more efficient use of energy and other 112.8 resources for transportation purposes, the commissioner shall: 112.9 (a) Three months after notification that the department is 112.10 ready to commence operations and prior to the drafting of the 112.11 statewide transportation plan the commissioner shall hold public 112.12 hearings as may be appropriate solely for the purpose of 112.13 receiving suggestions for future transportation alternatives and 112.14 priorities for the state. Themetropolitan council,regional 112.15 development commissions and port authorities shall appear at the 112.16 hearings and submit information concerning 112.17 transportation-related planning undertaken and accomplished by 112.18 these agencies. Other political subdivisions may appear and 112.19 submit such information at the hearings. These hearings shall 112.20 be completed no later than six months from the date of the 112.21 commissioner's notification; 112.22 (b) Develop, adopt, revise and monitor a statewide 112.23 transportation plan, taking into account the suggestions and 112.24 information submitted at the public hearings held pursuant to 112.25 clause (a). The plan shall incorporate all modes of 112.26 transportation and provide for the interconnection and 112.27 coordination of different modes of transportation. The 112.28 commissioner shall evaluate alternative transportation programs 112.29 and facilities proposed for inclusion in the plan in terms of 112.30 economic costs and benefits, safety aspects, impact on present 112.31 and planned land uses, environmental effects, energy efficiency, 112.32 national transportation policies and priorities and availability 112.33 of federal and other financial assistance; 112.34 (c) Based upon the statewide transportation plan, develop 112.35 statewide transportation priorities and schedule authorized 112.36 public capital improvements and other authorized public 113.1 transportation expenditures pursuant to the priorities; 113.2 (d) Complete the plan and priorities required by this 113.3 subdivision no later than July 1, 1978. Upon completion of the 113.4 plan and priorities, the commissioner shall prepare and 113.5 periodically revise, as necessary, the schedule of authorized 113.6 public transportation expenditures. The plan, priorities and 113.7 schedule are exempt from the provisions of the Administrative 113.8 Procedure Act. 113.9 Sec. 12. Minnesota Statutes 1998, section 174.03, 113.10 subdivision 4, is amended to read: 113.11 Subd. 4. [OTHER DUTIES.] The commissioner shall: 113.12 (a) Construct and maintain transportation facilities as 113.13 authorized by law; 113.14 (b) Cooperate with, and may provide technical and financial 113.15 assistance to,the metropolitan council andregional development 113.16 commissions in the regional transportation planning process, in 113.17 accordance with mutually acceptable terms and conditions; 113.18 (c) Cooperate with and may provide planning and technical 113.19 assistance upon the request of any political subdivision or 113.20 other governmental agency in accordance with mutually accepted 113.21 terms and conditions, except as otherwise restricted by law; and 113.22 (d) Develop, revise and monitor a statewide rail 113.23 transportation plan as part of the statewide transportation 113.24 planning process, including a study and evaluation of 113.25 alternative methods for insuring adequate and economical 113.26 transportation of agricultural commodities, supplies and other 113.27 goods to and from rural areas of the state. The plan shall 113.28 include an analysis of rail lines in the state for the purpose 113.29 of determining: (1) eligibility of rail lines for assistance 113.30 under federal and state rail assistance programs; (2) 113.31 eligibility of rail lines for inclusion in the state rail bank; 113.32 and (3) the actions required by the state to insure the 113.33 continuation of rail service that meets essential state needs 113.34 and objectives. 113.35 Sec. 13. Minnesota Statutes 1998, section 174.03, 113.36 subdivision 5, is amended to read: 114.1 Subd. 5. [REGIONAL TRANSPORTATION PLANNING.] The 114.2metropolitan counciloffice of strategic and long-range 114.3 planning, pursuant to section 473.146, and the regional 114.4 development commissions shall develop regional long-range 114.5 transportation policy plans in cooperation with the commissioner 114.6 and local units of government. Upon promulgation of the 114.7 statewide transportation plan, and periodically as necessary 114.8 thereafter, each regional policy plan shall be reviewed and 114.9 amended, if necessary, by the appropriate regional agency to 114.10 insure that the regional policy plan is not in conflict with the 114.11 statewide transportation plan. 114.12 Sec. 14. Minnesota Statutes 1998, section 174.03, 114.13 subdivision 6a, is amended to read: 114.14 Subd. 6a. [ECONOMIC ANALYSIS OF NONHIGHWAY ALTERNATIVES.] 114.15 If the commissioner considers congestion pricing, tolls, mileage 114.16 pricing, or public-private partnerships in order to meet the 114.17 transportation needs of commuters in the department's 114.18 metropolitan district between 2001 and 2020, the commissioner 114.19 shall, in cooperation withthe metropolitan council andthe 114.20 regional railroad authorities in the district, compare the 114.21 economics of these financing methods with the economics of 114.22 nonhighway alternatives for moving commuters. The commissioner 114.23 shall analyze the economics as they relate to both individuals 114.24 and to the transportation system. 114.25 Sec. 15. Minnesota Statutes 1998, section 174.031, 114.26 subdivision 3, is amended to read: 114.27 Subd. 3. [STUDIES COMMISSIONED.] (a) On and after August 114.28 1, 1985, the commissioner shall enter into agreements with 114.29 regional development commissions by which the commissions will 114.30 conduct studies of highway jurisdiction in each region. The 114.31 studies must include: 114.32 (1) the jurisdiction of each road in the region; 114.33 (2) criteria for changes in jurisdiction, based on the 114.34 commissioner's guidelines; 114.35 (3) jurisdictional changes actually made since January 1, 114.36 1985; 115.1 (4) recommended changes in jurisdiction based on the 115.2 criteria; 115.3 (5) changes in financial obligations resulting from the 115.4 recommended jurisdictional change, based on the commissioner's 115.5 guidelines; 115.6 (6) estimated effects of the recommended jurisdictional 115.7 changes on highway staffing needs of each level of government in 115.8 the region; and 115.9 (7) estimated effects of the recommended jurisdictional 115.10 changes on law enforcement on the affected roads. 115.11 (b) In development regions where no regional development 115.12 commission is functioning, or where a regional development 115.13 commission declines to enter into an agreement to perform a 115.14 jurisdiction study, the jurisdiction study must be organized by 115.15 a district office of the department of transportation as 115.16 designated by the commissioner. A district office so designated 115.17 must act through the counties in the development region and 115.18 through other public agencies the commissioner directs.For115.19purposes of this section the metropolitan council is a regional115.20development commission.115.21 (c) The agreements must provide that each entity 115.22 undertaking a study under this subdivision must produce and 115.23 present to the commissioner, not later than July 31, 1987, a 115.24 jurisdiction proposal for the region. Each jurisdiction 115.25 proposal must identify each instance where a proposed 115.26 jurisdictional change is based on a factor that deviates from 115.27 the commissioner's guidelines and explain the reasons for each 115.28 deviation. 115.29 (d) The commissioner shall pay not more than two-thirds of 115.30 the cost of each study. 115.31 Sec. 16. Minnesota Statutes 1998, section 174.04, 115.32 subdivision 1, is amended to read: 115.33 Subdivision 1. [REVIEW OF APPLICATION.] Any state agency 115.34 which receives an application from a regional development 115.35 commission,metropolitan council,public transit commission, 115.36 airport commission, port authority or other political 116.1 subdivision of the state, or any nonpublic organization, for 116.2 financial assistance for transportation planning, capital 116.3 expenditures or operations to any state or federal agency, shall 116.4 first submit the application to the commissioner of 116.5 transportation. The commissioner shall review the application 116.6 to determine whether it contains matters that substantially 116.7 affect the statewide transportation plan and priorities. If the 116.8 application does not contain such matters, the commissioner 116.9 shall within 15 days after receipt return the application to the 116.10 applicant political subdivision or nonpublic organization for 116.11 forwarding to the appropriate agency. If the application 116.12 contains such matters, the commissioner shall review and comment 116.13 on the application as being consistent with the plan and 116.14 priorities. The commissioner shall return the application 116.15 together with comments within 45 days after receipt to the 116.16 applicant political subdivision or nonpublic organization for 116.17 forwarding with the commissioner's comments to the appropriate 116.18 agency. 116.19 Sec. 17. Minnesota Statutes 1998, section 174.04, 116.20 subdivision 2, is amended to read: 116.21 Subd. 2. [DESIGNATED AGENT.] A regional development 116.22 commission,metropolitan council,public transit commission, 116.23 airport commission, port authority, or any other political 116.24 subdivision of the state, or any nonpublic organization, may 116.25 designate the commissioner as its agent to receive and disburse 116.26 funds by entering into an agreement with the commissioner 116.27 prescribing the terms and conditions of the receipt and 116.28 expenditure of the funds in accordance with federal and state 116.29 laws, rules, and regulations. 116.30 Sec. 18. Minnesota Statutes 1998, section 174.32, 116.31 subdivision 2, is amended to read: 116.32 Subd. 2. [TRANSIT ASSISTANCE FUND; DISTRIBUTION.] The 116.33 transit assistance fund receives money distributed under section 116.34 297B.09. Eighty percent of the receipts of the fund must be 116.35 placed into a metropolitan account for distribution to 116.36 recipients located in the metropolitan area and 20 percent into 117.1 a separate account for distribution to recipients located 117.2 outside of the metropolitan area.Except as otherwise provided117.3in this subdivision, the metropolitan council is responsible for117.4distributing assistance from the metropolitan account, and the117.5commissioner is responsible for distributing assistance from the117.6other account.117.7 Sec. 19. Minnesota Statutes 1998, section 174.50, 117.8 subdivision 4, is amended to read: 117.9 Subd. 4. [CERTIFICATION AND DISBURSAL FOR STATE PROJECT.] 117.10 Before disbursement of an appropriation made from the fund to 117.11 the commissioner of transportation or any other officer or 117.12 agency of the state the commissioner shall certify to the 117.13 commissioner of finance that the project for which the funds are 117.14 appropriated has been reviewed by the proper regional 117.15 development commission or themetropolitan counciloffice of 117.16 strategic and long-range planning as the case may be, for 117.17 consistency with the long-term comprehensive development plans 117.18 and guides for which that agency is responsible. 117.19 Sec. 20. Minnesota Statutes 1999 Supplement, section 117.20 174.90, is amended to read: 117.21 174.90 [COMMUTER RAIL OPERATION.] 117.22 The commissioner may contract for operation of commuter 117.23 rail facilities withthe metropolitan council or otherpublic or 117.24 private entities and shall commence revenue service after an 117.25 appropriate period of start-up to ensure satisfactory 117.26 performance. The commissioner shall coordinate with transit 117.27 providers to ensure integration of the commuter rail system with 117.28 bus and light rail transit service to avoid duplication of 117.29 service and to ensure the greatest access to commuter rail lines 117.30 in suburban and urban areas. 117.31 Sec. 21. Minnesota Statutes 1998, section 216C.15, 117.32 subdivision 1, is amended to read: 117.33 Subdivision 1. [PRIORITIES AND REQUIREMENTS.] The 117.34 commissioner shall maintain an emergency conservation and 117.35 allocation plan. The plan shall provide a variety of strategies 117.36 and staged conservation measures to reduce energy use and in the 118.1 event of an energy supply emergency, shall establish guidelines 118.2 and criteria for allocation of fuels to priority users. The 118.3 plan shall contain alternative conservation actions and 118.4 allocation plans to reasonably meet various foreseeable shortage 118.5 circumstances and allow a choice of appropriate responses. The 118.6 plan shall be consistent with requirements of federal emergency 118.7 energy conservation and allocation laws and regulations, shall 118.8 be based on reasonable energy savings or transfers from scarce 118.9 energy resources and shall: 118.10 (a) give priority to individuals, institutions, 118.11 agriculture, businesses, and public transit under contract with 118.12 the commissioner of transportationor the metropolitan council118.13 which demonstrate they have engaged in energy-saving measures 118.14 and shall include provisions to insure that: 118.15 (1) immediate allocations to individuals, institutions, 118.16 agriculture, businesses, and public transit be based on needs at 118.17 energy conservation levels; 118.18 (2) successive allocations to individuals, institutions, 118.19 agriculture, businesses, and public transit be based on needs 118.20 after implementation of required action to increase energy 118.21 conservation; and 118.22 (3) needs of individuals, institutions, and public transit 118.23 are adjusted to insure the health and welfare of the young, old 118.24 and infirm; 118.25 (b) insure maintenance of reasonable job safety conditions 118.26 and avoid environmental sacrifices; 118.27 (c) establish programs, controls, standards, priorities or 118.28 quotas for the allocation, conservation and consumption of 118.29 energy resources; and for the suspension and modification of 118.30 existing standards and the establishment of new standards 118.31 affecting or affected by the use of energy resources, including 118.32 those related to the type and composition of energy sources, and 118.33 to the hours and days during which public buildings, commercial 118.34 and industrial establishments, and other energy consuming 118.35 facilities may or are required to remain open; 118.36 (d) establish programs to control the use, sale or 119.1 distribution of commodities, materials, goods or services; 119.2 (e) establish regional programs and agreements for the 119.3 purpose of coordinating the energy resources, programs and 119.4 actions of the state with those of the federal government, of 119.5 local governments, and of other states and localities; 119.6 (f) determine at what level of an energy supply emergency 119.7 situation the pollution control agency shall be requested to ask 119.8 the governor to petition the president for a temporary emergency 119.9 suspension of air quality standards as required by the Clean Air 119.10 Act, United States Code, title 42, section 7410f; and 119.11 (g) establish procedures for fair and equitable review of 119.12 complaints and requests for special exemptions regarding 119.13 emergency conservation measures or allocations. 119.14 Sec. 22. Minnesota Statutes 1999 Supplement, section 119.15 221.022, is amended to read: 119.16 221.022 [EXCEPTION.] 119.17 The powers granted to the commissioner under sections 119.18 221.011 to 221.296 do not include the power to regulate any 119.19 service or vehicles operated by themetropolitan council119.20 department of transportation or to register passenger 119.21 transportation service provided under contract to the department 119.22or the metropolitan council. A provider of passenger 119.23 transportation service under contract to the departmentor the119.24metropolitan councilmay not also provide service as a motor 119.25 carrier of passengers without first having registered under 119.26 section 221.0252. 119.27 Sec. 23. Minnesota Statutes 1998, section 221.031, 119.28 subdivision 3a, is amended to read: 119.29 Subd. 3a. [CONTRACTOR OR RECIPIENT OF TRANSPORTATION 119.30 ASSISTANCE.] Notwithstanding subdivision 3, providers of 119.31 passenger transportation service under contract to and with 119.32 operating assistance from the departmentor the metropolitan119.33councilmust comply with rules for driver qualifications; 119.34 driving of motor vehicles; parts and accessories necessary for 119.35 safe operation; hours of service of drivers; inspection, repair, 119.36 and maintenance; and the rules adopted in section 221.0314, 120.1 subdivision 8, for accident reporting. 120.2 This subdivision does not apply to (1) a local transit 120.3 commission, (2) a transit authority created by the legislature, 120.4 (3) special transportation service certified by the commissioner 120.5 under section 174.30, or (4) special transportation service 120.6 defined in section 174.29, subdivision 1, when provided by a 120.7 volunteer driver operating a private passenger vehicle defined 120.8 in section 169.01, subdivision 3a. 120.9 Sec. 24. Minnesota Statutes 1998, section 221.295, is 120.10 amended to read: 120.11 221.295 [NOTICE TOMETROPOLITAN COUNCILOFFICE OF STRATEGIC 120.12 AND LONG-RANGE PLANNING.] 120.13 Notwithstanding any provision of any statute to the 120.14 contrary, themetropolitan counciloffice of strategic and 120.15 long-range planning must be notified by the commissioner of any 120.16 matter affecting public transit or an existing or proposed 120.17 transit system within the seven-county metropolitan area, which 120.18 matter is formally or informally before the commissioner or 120.19 board for action or which is under study, including the 120.20 initiation of any request for action or study and prior to any 120.21 hearings on other proceedings, whether ex parte or otherwise. 120.22 Notification must in all cases be given in a manner, at such 120.23 time, and with such information and data available to the 120.24 commissioner or board as to enable themetropolitan council120.25 office to meaningfully evaluate, participate in, and comment 120.26 upon the matter. The commissioner or board shall not approve, 120.27 deny, or otherwise attempt to resolve or act upon the matter 120.28 until receipt of the comments and advice of themetropolitan120.29counciloffice with respect thereto, but if none are received 120.30 they may act within 30 days after demand of themetropolitan120.31counciloffice, or otherwise by mutual agreement. If the 120.32 commissioner or board takes action in any way contrary to or 120.33 different from the comments and advice of themetropolitan120.34counciloffice, they shall specifically state the reasons and 120.35 factual data for the action. 120.36 Sec. 25. Minnesota Statutes 1999 Supplement, section 121.1 352.03, subdivision 1, is amended to read: 121.2 Subdivision 1. [MEMBERSHIP OF BOARD; ELECTION; TERM.] The 121.3 policy-making function of the system is vested in a board of 11 121.4 members known as the board of directors. This board shall 121.5 consist of three members appointed by the governor, one of whom 121.6 must be a constitutional officer or appointed state official and 121.7 two of whom must be public members knowledgeable in pension 121.8 matters, four state employees elected by state employees covered 121.9 by the system excluding employees in categories specifically 121.10 authorized to designate or elect a member by this subdivision, 121.11 one employee of the metropolitan council's transit operations or 121.12 its successor agency designated by the executive committee of 121.13 the labor organization that is the exclusive bargaining agent 121.14 representing employees of the transit division, one member of 121.15 the state patrol retirement fund elected by members of that fund 121.16 at a time and in a manner fixed by the board, one employee 121.17 covered by the correctional employees plan elected by employees 121.18 covered by that plan, and one retired employee elected by 121.19 disabled and retired employees of all plans administered by the 121.20 system at a time and in a manner to be fixed by the board. Two 121.21 state employee members, whose terms of office begin on the first 121.22 Monday in May after their election, must be elected biennially. 121.23 Elected members and the appointed member of themetropolitan121.24council'sdepartment of transportation's office of metropolitan 121.25 transit operations hold office for a term of four years and 121.26 until their successors are elected or appointed, and have 121.27 qualified. An employee of the system is not eligible for 121.28 membership on the board of directors. A state employee on leave 121.29 of absence is not eligible for election or reelection to 121.30 membership on the board of directors. The term of any board 121.31 member who is on leave for more than six months automatically 121.32 ends on expiration of the term of office. 121.33 Sec. 26. Minnesota Statutes 1998, section 353.64, 121.34 subdivision 7a, is amended to read: 121.35 Subd. 7a. [PENSION COVERAGE FOR CERTAIN METROPOLITAN 121.36 TRANSIT POLICE OFFICERS.] A person who is employed as a 122.1 full-time police officer on or after the first day of the first 122.2 payroll period after July 1, 1993, by the former metropolitan 122.3 council or commissioner of transportation and who is not 122.4 eligible for coverage under the agreement with the Secretary of 122.5 the federal Department of Health and Human Services making the 122.6 provisions of the federal Old Age, Survivors, and Disability 122.7 Insurance Act because the person's position is excluded from 122.8 application under United States Code, sections 418(d)(5)(A) and 122.9 418(d)(8)(D), and under section 355.07, is a member of the 122.10 public employees police and fire fund and is considered to be a 122.11 police officer within the meaning of this section. 122.12 Themetropolitan councilemployer shall deduct the employee 122.13 contribution from the salary of each full-time police officer as 122.14 required by section 353.65, subdivision 2, shall make the 122.15 employer contribution for each full-time police officer as 122.16 required by section 353.65, subdivision 3, and shall meet the 122.17 employer recording and reporting requirements in section 353.65, 122.18 subdivision 4. 122.19 Sec. 27. Minnesota Statutes 1999 Supplement, section 122.20 398A.04, subdivision 1, is amended to read: 122.21 Subdivision 1. [GENERAL.] An authority may exercise all 122.22 the powers necessary or desirable to implement the powers 122.23 specifically granted in this section, and in exercising the 122.24 powers is deemed to be performing an essential governmental 122.25 function and exercising a part of the sovereign power of the 122.26 state, and is a local government unit and political subdivision 122.27 of the state. Without limiting the generality of the foregoing, 122.28 the authority may: 122.29 (a) sue and be sued, have a seal, which may but need not be 122.30 affixed to documents as directed by the board, make and perform 122.31 contracts, and have perpetual succession; 122.32 (b) acquire real and personal property within or outside 122.33 its taxing jurisdiction, by purchase, gift, devise, 122.34 condemnation, conditional sale, lease, lease purchase, or 122.35 otherwise; or for purposes, including the facilitation of an 122.36 economic development project pursuant to section 383B.81 or 123.1 469.091 or 469.175, subdivision 7, that also improve rail 123.2 service; 123.3 (c) hold, manage, control, sell, convey, lease, mortgage, 123.4 or otherwise dispose of real or personal property; and 123.5 (d) make grants or otherwise appropriate funds to the 123.6 department of transportation, the metropolitan council,or any 123.7 other state or local governmental unit for the purposes 123.8 described in subdivision 2 with respect to railroad facilities 123.9 located or to be located within the authority's jurisdiction, 123.10 whether or not the facilities will be acquired, constructed, 123.11 owned, or operated by the authority. 123.12 Sec. 28. Minnesota Statutes 1999 Supplement, section 123.13 398A.04, subdivision 2, is amended to read: 123.14 Subd. 2. [RAILROAD ACQUISITION AND OPERATION.] The 123.15 authority may plan, establish, acquire, develop, construct, 123.16 purchase, enlarge, extend, improve, maintain, equip, operate, 123.17 regulate, and protect railroads and railroad facilities, 123.18 including but not limited to terminal buildings, roadways, 123.19 crossings, bridges, causeways, tunnels, equipment, and rolling 123.20 stock. The authority may not expend state or federal funds to 123.21 engage in planning for or development of light rail transit or 123.22 commuter rail transit, unless this activity is consistent with a 123.23 plan adopted by the department of transportation under section 123.24 174.84 and a plan adoptedby the metropolitan councilunder 123.25 section 473.399, and is carried out pursuant to a memorandum of 123.26 understanding executed by the authority and the commissioner 123.27 after appropriate consultation with themetropolitan council123.28 office of strategic and long-range planning. 123.29 Sec. 29. Minnesota Statutes 1999 Supplement, section 123.30 398A.04, subdivision 9, is amended to read: 123.31 Subd. 9. [AGREEMENTS.] The authority may enter into joint 123.32 powers agreements under section 471.59 or other agreements with 123.33 the municipality or municipalities named in the organization 123.34 agreement; with other municipalities situated in the counties 123.35 named in the resolution, respecting the matters referred to in 123.36 section 398A.06; or with another authority; with a state agency;124.1or with the metropolitan councilabout any matter subject to 124.2 this chapter. 124.3 Sec. 30. Minnesota Statutes 1998, section 473.146, 124.4 subdivision 3, is amended to read: 124.5 Subd. 3. [DEVELOPMENT GUIDE: TRANSPORTATION.] The 124.6 transportation chapter must include policies relating to all 124.7 transportation forms and be designed to promote the legislative 124.8 determinations, policies, and goals set forth in section 124.9 473.371. In addition to the requirements of subdivision 1 124.10 regarding the contents of the policy plan, the nontransit 124.11 element of the transportation chapter must include the following: 124.12 (1) a statement of the needs and problems of the 124.13 metropolitan area with respect to the functions covered, 124.14 including the present and prospective demand for and constraints 124.15 on access to regional business concentrations and other major 124.16 activity centers and the constraints on and acceptable levels of 124.17 development and vehicular trip generation at such centers; 124.18 (2) the objectives of and the policies to be forwarded by 124.19 the policy plan; 124.20 (3) a general description of the physical facilities and 124.21 services to be developed; 124.22 (4) a statement as to the general location of physical 124.23 facilities and service areas; 124.24 (5) a general statement of timing and priorities in the 124.25 development of those physical facilities and service areas; 124.26 (6) a detailed statement, updated every two years, of 124.27 timing and priorities for improvements and expenditures needed 124.28 on the metropolitan highway system; and 124.29 (7) a general statement on the level of public expenditure 124.30 appropriate to the facilities. 124.31 Thecounciloffice of strategic and long-range planning 124.32 shall develop the nontransit element in consultation with 124.33 thetransportation advisory boarddesignated metropolitan 124.34 planning organization and shall transmit the results to the 124.35 state department of transportation. 124.36 Sec. 31. Minnesota Statutes 1998, section 473.146, 125.1 subdivision 4, is amended to read: 125.2 Subd. 4. [TRANSPORTATION PLANNING.]The metropolitan125.3council is the designated planning agency for any long-range125.4comprehensive transportation planning required by section 134 of125.5the Federal Highway Act of 1962, Section 4 of Urban Mass125.6Transportation Act of 1964 and Section 112 of Federal Aid125.7Highway Act of 1973 and other federal transportation laws. The125.8council shall assure administration and coordination of125.9transportation planning with appropriate state, regional and125.10other agencies, counties, and municipalities, and shall125.11establish an advisory body consisting of citizens,125.12representatives of municipalities, counties, and state agencies125.13in fulfillment of the planning responsibilities of the council.125.14 The office of strategic and long-range planning, commissioner of 125.15 transportation, and affected local governments shall cooperate 125.16 to replace the metropolitan council abolished by this act and 125.17 redesignated a metropolitan planning organization required for 125.18 federal transportation funding purposes. 125.19 Sec. 32. Minnesota Statutes 1999 Supplement, section 125.20 473.1466, is amended to read: 125.21 473.1466 [PERFORMANCE AUDIT; TRANSIT EVALUATION.] 125.22 (a)In 1997 andEvery four yearsthereafter, thecouncil125.23 office of strategic and long-range planning, with cooperation 125.24 from the commissioner of transportation shall provide for an 125.25 independent entity selected through a request for proposal 125.26 process conducted nationwide to do a performance audit of the 125.27 commuting area's transportation system as a whole. The 125.28 performance audit must evaluate the commuting area's ability to 125.29 meet the region's needs for effective and efficient 125.30 transportation of goods and people, evaluate future trends and 125.31 their impacts on the region's transportation system, and make 125.32 recommendations for improving the system. The performance audit 125.33 must recommend performance-funding measures. 125.34 (b)In 1999 andEvery four yearsthereafter, thecouncil125.35 office of strategic and long-range planning, with cooperation 125.36 from the commissioner of transportation must evaluate the 126.1 performance of the metropolitan transit system's operation in 126.2 relationship to the regional transit performance standards 126.3 developed by thecounciloffice. 126.4 Sec. 33. Minnesota Statutes 1998, section 473.166, is 126.5 amended to read: 126.6 473.166 [CONTROLLED ACCESS; TRANSIT FIXED-GUIDEWAY;COUNCIL126.7 OFFICE APPROVAL.] 126.8 Before acquiring land for or constructing a controlled 126.9 access highway or transit fixed-guideway in the area, the state 126.10 transportation department or local government unit proposing the 126.11 acquisition or construction shall submit to thecounciloffice 126.12 of strategic and long-range planning a statement describing the 126.13 proposed project. The statement must be in the form and detail 126.14 required by thecounciloffice. Thecounciloffice shall review 126.15 the statement to ascertain its consistency with its policy plan 126.16 and the development guide. No project may be undertaken unless 126.17 thecounciloffice determines that it is consistent with the 126.18 policy plan. This approval is in addition to the requirements 126.19 of any other statute, ordinance or rule. 126.20 Sec. 34. Minnesota Statutes 1998, section 473.167, 126.21 subdivision 2, is amended to read: 126.22 Subd. 2. [LOANS FOR ACQUISITION.] (a) Thecouncil126.23 commissioner of transportation may make loans to counties, 126.24 towns, and statutory and home rule charter cities within the 126.25 metropolitan area for the purchase of property within the 126.26 right-of-way of a state trunk highway shown on an official map 126.27 adopted pursuant to section 394.361 or 462.359 or for the 126.28 purchase of property within the proposed right-of-way of a 126.29 principal or intermediate arterial highway designated by 126.30 thecouncilcommissioner as a part of the metropolitan highway 126.31 system plan and approved by thecounciloffice of strategic and 126.32 long-range planning pursuant to section 473.166. The loans 126.33 shall be made by thecouncilcommissioner, from the fund 126.34 established pursuant to this subdivision, for purchases approved 126.35 by thecouncilcommissioner. The loans shall bear no interest. 126.36 (b) Thecouncilcommissioner shall make loans only: 127.1 (1) to accelerate the acquisition of primarily undeveloped 127.2 property when there is a reasonable probability that the 127.3 property will increase in value before highway construction, and 127.4 to update an expired environmental impact statement on a project 127.5 for which the right-of-way is being purchased; 127.6 (2) to avert the imminent conversion or the granting of 127.7 approvals which would allow the conversion of property to uses 127.8 which would jeopardize its availability for highway 127.9 construction; 127.10 (3) to advance planning and environmental activities on 127.11 highest priority major metropolitan river crossing projects, 127.12 under the transportation development guide chapter/policy plan; 127.13 or 127.14 (4) to take advantage of open market opportunities when 127.15 developed properties become available for sale, provided all 127.16 parties involved are agreeable to the sale and funds are 127.17 available. 127.18 (c) Thecouncilcommissioner shall not make loans for the 127.19 purchase of property at a price which exceeds the fair market 127.20 value of the property or which includes the costs of relocating 127.21 or moving persons or property. The eminent domain process may 127.22 be used to settle differences of opinion as to fair market 127.23 value, provided all parties agree to the process. 127.24 (d) A private property owner may elect to receive the 127.25 purchase price either in a lump sum or in not more than four 127.26 annual installments without interest on the deferred 127.27 installments. If the purchase agreement provides for 127.28 installment payments, thecouncilcommissioner shall make the 127.29 loan in installments corresponding to those in the purchase 127.30 agreement. The recipient of an acquisition loan shall convey 127.31 the property for the construction of the highway at the same 127.32 price which the recipient paid for the property. The price may 127.33 include the costs of preparing environmental documents that were 127.34 required for the acquisition and that were paid for with money 127.35 that the recipient received from the loan fund. Upon 127.36 notification by thecouncilcommissioner that the plan to 128.1 construct the highway has been abandoned or the anticipated 128.2 location of the highway changed, the recipient shall sell the 128.3 property at market value in accordance with the procedures 128.4 required for the disposition of the property. All rents and 128.5 other money received because of the recipient's ownership of the 128.6 property and all proceeds from the conveyance or sale of the 128.7 property shall be paid to thecouncilcommissioner. If a 128.8 recipient is not permitted to include in the conveyance price 128.9 the cost of preparing environmental documents that were required 128.10 for the acquisition, then the recipient is not required to repay 128.11 thecouncilcommissioner an amount equal to 40 percent of the 128.12 money received from the loan fund and spent in preparing the 128.13 environmental documents. 128.14 (e) Theproceeds of the tax authorized by subdivision 3 and128.15distributed to theright-of-way acquisition loan fundpursuant128.16to subdivision 3a, paragraph (a), all money paid to thecouncil128.17 commissioner by recipients of loans, and all interest on the 128.18proceedsfund and payments shall be maintained as a separate 128.19 fund. For administration of the loan program, thecouncil128.20 commissioner may expend from the fund each year an amount no 128.21 greater than three percent of the amount of the proceeds 128.22 distributedtofrom the right-of-way acquisition loan 128.23 fundpursuant to subdivision 3a, paragraph (a),for that year. 128.24 Sec. 35. Minnesota Statutes 1998, section 473.167, 128.25 subdivision 2a, is amended to read: 128.26 Subd. 2a. [HARDSHIP ACQUISITION AND RELOCATION.] (a) 128.27 Thecouncilcommissioner may make hardship loans to acquiring 128.28 authorities within the metropolitan area to purchase homestead 128.29 property located in a proposed state trunk highway right-of-way 128.30 or project, and to provide relocation assistance. Acquiring 128.31 authorities are authorized to accept the loans and to acquire 128.32 the property. Except as provided in this subdivision, the loans 128.33 shall be made as provided in subdivision 2. Loans shall be in 128.34 the amount of the fair market value of the homestead property 128.35 plus relocation costs and less salvage value. Before 128.36 construction of the highway begins, the acquiring authority 129.1 shall convey the property to the commissioner of transportation 129.2 at the same price it paid, plus relocation costs and less its 129.3 salvage value. Acquisition and assistance under this subdivision 129.4 must conform to sections 117.50 to 117.56. 129.5 (b) Thecouncilcommissioner may make hardship loans only 129.6 when: 129.7 (1) the owner of affected homestead property requests 129.8 acquisition and relocation assistance from an acquiring 129.9 authority; 129.10 (2) federal or other state financial participation is not 129.11 available; 129.12 (3) the owner is unable to sell the homestead property at 129.13 its appraised market value because the property is located in a 129.14 proposed state trunk highway right-of-way or project as 129.15 indicated on an official map or plat adopted under section 129.16 160.085, 394.361, or 462.359; 129.17 (4) thecouncilcommissioner agrees to and approves the 129.18 fair market value of the homestead property, which approval 129.19 shall not be unreasonably withheld; and 129.20 (5) the owner of the homestead property is burdened by 129.21 circumstances that constitute a hardship, such as catastrophic 129.22 medical expenses; a transfer of the homestead owner by the 129.23 owner's employer to a distant site of employment; or inability 129.24 of the owner to maintain the property due to physical or mental 129.25 disability or the permanent departure of children from the 129.26 homestead. 129.27 (c) For purposes of this subdivision, the following terms 129.28 have the meanings given them. 129.29 (1) "Acquiring authority" means counties, towns, and 129.30 statutory and home rule charter cities in the metropolitan area. 129.31 (2) "Homestead property" means a single-family dwelling 129.32 occupied by the owner, and the surrounding land, not exceeding a 129.33 total of ten acres. 129.34 (3) "Salvage value" means the probable sale price of the 129.35 dwelling and other property that is severable from the land if 129.36 offered for sale on the condition that it be removed from the 130.1 land at the buyer's expense, allowing a reasonable time to find 130.2 a buyer with knowledge of the possible uses of the property, 130.3 including separate use of serviceable components and scrap when 130.4 there is no other reasonable prospect of sale. 130.5 Sec. 36. Minnesota Statutes 1998, section 473.168, 130.6 subdivision 2, is amended to read: 130.7 Subd. 2. [EXCLUSIVE LANES; MULTIPASSENGER TRANSIT.] 130.8 Themetropolitan counciloffice of strategic and long-range 130.9 planning may require that any freeway constructed in the 130.10 metropolitan area on which actual construction has not been 130.11 commenced byApril 12, 1974the effective date of this act 130.12 include provisions for exclusive lanes for buses and, as 130.13 thecounciloffice may determine, other forms of multipassenger 130.14 transit. Thecounciloffice, in making its determination, must 130.15 demonstrate that the exclusive lanes are necessary to implement 130.16 the transportation policy plan of the development guide. 130.17 Sec. 37. Minnesota Statutes 1998, section 473.223, is 130.18 amended to read: 130.19 473.223 [FEDERAL AID.] 130.20 For the purposes of this section the term "governmental 130.21 subdivision" includes municipalities, counties and other 130.22 political subdivisions generally. If federal aid for 130.23 transportation programs and projects is otherwise unavailable to 130.24 an existing agency or governmental subdivision, themetropolitan130.25councilcommissioner of transportation may cooperate with the 130.26 government of the United States and any agency or department 130.27 thereof and the affected agency or other governmental 130.28 subdivision in establishing metropolitan area eligibility to 130.29 receive federal aid, and may comply with the provisions of the 130.30 laws of the United States and any rules and regulations made 130.31 thereunder for the expenditure of federal moneys upon such 130.32 projects as are proposed for federal assistance. 130.33 Themetropolitan councilcommissioner may accept federal aid and 130.34 other aid, either public or private, for and in behalf of the 130.35 metropolitan area or any governmental subdivision of the state, 130.36 for transportation programs and projects within the metropolitan 131.1 area upon such terms and conditions as are or may be prescribed 131.2 by the laws of the United States and any rules or regulations 131.3 made thereunder, and is authorized to act as agent of any 131.4 governmental subdivision of the state with jurisdiction in the 131.5 metropolitan area upon request of such subdivision in accepting 131.6 the aid in its behalf for such programs or projects financed 131.7 either in whole or in part by federal aid. The governing body 131.8 of any such subdivision is authorized to designate the 131.9metropolitan councilcommissioner as its agent for such purposes 131.10 and to enter into an agreement with thecouncilcommissioner 131.11 prescribing the terms and conditions of the agency relationship 131.12 in accordance with state and federal laws, rules and 131.13 regulations.The metropolitan council is authorized to131.14designate an appropriate state agency as its agent for such131.15purposes and to enter into an agreement with such agency131.16prescribing the terms and conditions of the agency relationship131.17in accordance with state and federal laws, rules and regulations.131.18 Nothing contained herein shall limit any separate authority 131.19 of agencies or governmental subdivisions of the state to 131.20 contract for and receive federal aid. 131.21 Sec. 38. [473.3715] [DEFINITIONS.] 131.22 Subdivision 1. [COMMISSIONER.] "Commissioner" means the 131.23 commissioner of transportation for the purposes of sections 131.24 473.371 to 473.449. 131.25 Subd. 2. [DEPARTMENT.] "Department" means the department 131.26 of transportation for the purposes of sections 473.371 to 131.27 473.449. 131.28 Sec. 39. Minnesota Statutes 1998, section 473.375, 131.29 subdivision 9, is amended to read: 131.30 Subd. 9. [ADVISORY COMMITTEES.] Thecouncilcommissioner 131.31 may establish one or more advisory committees composed of and 131.32 representing transit providers, transit users, and local units 131.33 of government to advise it in carrying out its purposes. The 131.34 members of advisory committees serve without compensation. 131.35 Sec. 40. Minnesota Statutes 1998, section 473.375, 131.36 subdivision 11, is amended to read: 132.1 Subd. 11. [RIDESHARING.] Thecouncilcommissioner shall 132.2 administer a ridesharing program in the metropolitan area,132.3except for the statewide vanpool leasing program conducted by132.4the commissioner of transportation and shall cooperate with the132.5commissioner in the conduct of ridesharing activities in areas132.6where the commissioner's programs and the council's program132.7overlap. Thecouncilcommissioner shall establish a rideshare 132.8 advisory committee to advise it in carrying out the program. 132.9 Thecouncilcommissioner may contract for services in operating 132.10 the program. 132.11 Sec. 41. Minnesota Statutes 1998, section 473.375, 132.12 subdivision 12, is amended to read: 132.13 Subd. 12. [ASSISTANCE.] Thecouncilcommissioner shall 132.14 offer, use, and apply its services to assist and advise transit 132.15 providers in the metropolitan transit area in the planning, 132.16 promotion, development, operation, and evaluation of programs 132.17 and projects which are undertaken or proposed to be undertaken 132.18 by contract with thecouncilcommissioner, and shall seek out 132.19 and select recipients of this assistance and advice. 132.20 Sec. 42. Minnesota Statutes 1998, section 473.375, 132.21 subdivision 13, is amended to read: 132.22 Subd. 13. [FINANCIAL ASSISTANCE.] Thecouncilcommissioner 132.23 may provide financial assistance to public transit providers as 132.24 provided in sections 473.371 to 473.449.The council may not132.25use the proceeds of bonds issued under section 473.39 to provide132.26capital assistance to private, for-profit operators of public132.27transit, unless the operators provide service under a contract132.28with the council, the former regional transit board, or132.29recipients of financial assistance under sections 473.371 to132.30473.449.132.31 No political subdivision within the metropolitan area may 132.32 apply for federal transit assistance unless its application has 132.33 been submitted to and approved by thecouncilcommissioner. 132.34 Sec. 43. Minnesota Statutes 1998, section 473.375, 132.35 subdivision 14, is amended to read: 132.36 Subd. 14. [COORDINATION.] Thecouncilcommissioner shall 133.1 coordinate transit operations within the metropolitan area and 133.2 shall establish a transit information program to provide transit 133.3 users with accurate information on transit schedules and service. 133.4 Sec. 44. Minnesota Statutes 1998, section 473.375, 133.5 subdivision 15, is amended to read: 133.6 Subd. 15. [PERFORMANCE STANDARDS.] Thecouncil133.7 commissioner may establish performance standards for recipients 133.8 of financial assistance. 133.9 Sec. 45. Minnesota Statutes 1998, section 473.382, is 133.10 amended to read: 133.11 473.382 [LOCAL PLANNING AND DEVELOPMENT PROGRAM.] 133.12 Thecouncilcommissioner shall establish a program to 133.13 ensure participation by representatives of local government 133.14 units and the coordination of the planning and development of 133.15 transit by local government units. Thecouncilcommissioner 133.16 shall encourage the establishment of local transit planning and 133.17 development boards by local governments for the purpose of: 133.18 (a) identifying service needs and objectives; 133.19 (b) preparing, or advising and assisting local units of 133.20 government in preparing the transit study and service plan 133.21 required by section 473.384; 133.22 (c) preparing or advising thecouncilcommissioner in the 133.23 review of applications for assistance under section 473.384. 133.24 Thecouncilcommissioner may provide local boards with 133.25 whatever assistanceitthe commissioner deems necessary and 133.26 appropriate. 133.27 Sec. 46. Minnesota Statutes 1998, section 473.384, is 133.28 amended to read: 133.29 473.384 [CONTRACTS.] 133.30 Subdivision 1. [CONTRACTS REQUIRED.] Thecouncil133.31 commissioner shall make contracts with eligible recipients for 133.32 financial assistance to transit service within the metropolitan 133.33 area. Thecouncilcommissioner may not give financial 133.34 assistance to another transit provider without first having 133.35 executed a contract. The provisions of this section do not 133.36 apply to contracts made undersectionssection 473.386and134.1473.388. 134.2 Subd. 2. [ELIGIBILITY.] To be eligible to receive 134.3 financial assistance by contract under this section a recipient 134.4 must be: 134.5 (a) a county, statutory or home rule charter city or town 134.6 or combination thereof, or public authority organized and 134.7 existing pursuant to chapter 398A, providing financial 134.8 assistance to or providing or operating public transit;or134.9 (b) a private provider of public transit; or 134.10 (c) a transit provider formerly operated under section 134.11 473.388. 134.12 Subd. 3. [APPLICATIONS.] Thecouncilcommissioner shall 134.13 establish procedures and standards for review and approval of 134.14 applications for financial assistance under this section. An 134.15 applicant must provide thecouncilcommissioner with the 134.16 financial and other information thecouncilcommissioner 134.17 requires to carry out its duties. Thecouncilcommissioner may 134.18 specify procedures, including public hearing requirements, to be 134.19 followed by applicants that are cities, towns, or counties or 134.20 combinations thereof in conducting transit studies and 134.21 formulating service plans under subdivisions 4 and 5. 134.22 Subd. 4. [TRANSIT STUDY.] Thecouncilcommissioner shall 134.23 require that prior to applying for financial assistance by 134.24 contract under clause (a) of subdivision 2, the applicant must 134.25 prepare and submit a transit study which includes the following 134.26 elements: 134.27 (a) a determination of existing and future transit needs 134.28 within the area to be served, and an assessment of the adequacy 134.29 of existing service to meet the needs; 134.30 (b) an assessment of the level and type of service required 134.31 to meet unmet needs; 134.32 (c) an assessment of existing and future resources 134.33 available for the financing of transit service; and 134.34 (d) the type or types of any new government arrangements or 134.35 agreements needed to provide adequate service. 134.36 The transit study for any applicant may be done by the 135.1councilcommissioner. 135.2 Subd. 5. [SERVICE PLAN.] Thecouncilcommissioner shall, 135.3 before making a contract with an eligible recipient, require the 135.4 submission of a service plan which includes the following 135.5 elements: 135.6 (a) a description of the service proposed for financial 135.7 assistance, including vehicles, routes, and schedules; 135.8 (b) an assessment of the extent to which the proposed 135.9 service meets the needs as determined by the transit study; 135.10 (c) a description of the contract administration and review 135.11 process if the operation of the proposed service is to be done 135.12 by a private contractor; 135.13 (d) a description of the amount required to establish and 135.14 operate the proposed service and the proposed sources of the 135.15 required amount including operating revenue, other local 135.16 sources, and assistance from thecouncilcommissioner and from 135.17 federal sources; 135.18 (e) the fare structure of the proposed service; and 135.19 (f) projections of usage of the system. 135.20 Thecouncilcommissioner may specify procedures, including 135.21 public hearing requirements, to be followed by applicants that 135.22 are cities, towns, or counties or combinations thereof in 135.23 conducting transit studies and formulating service plans. 135.24 Subd. 6. [FINANCIAL ASSISTANCE FOR CERTAIN PROVIDERS.] The 135.25councilcommissioner shall provide financial assistance to 135.26 recipients who were receiving assistance by contract with the 135.27 commissioner of transportation under Minnesota Statutes 1982, 135.28 section 174.24, subdivision 3 on July 1, 1984, so that the 135.29 percentage of total operating cost, as defined by thecouncil135.30 commissioner, paid by the recipient from all local sources of 135.31 revenue, including operating revenue, does not exceed the 135.32 percentage for the recipient's classification as determined by 135.33 the commissioner of transportation under the commissioner's 135.34 final contract with the recipient.The council may include135.35funds received under section 473.446, subdivision 1a, as a local135.36source of revenue.The remainder of the total operating cost 136.1 will be paid by thecouncilcommissioner less all assistance 136.2 received by the recipient for that purpose from any federal 136.3 source. 136.4 If a recipient informs thecouncilcommissioner in writing 136.5 prior to the distribution of financial assistance for any year 136.6 that paying its designated percentage of total operating cost 136.7 from local sources will cause undue hardship, thecouncil136.8 commissioner may adjust the percentage as it deems equitable. 136.9 If for any year the funds available to thecouncilcommissioner 136.10 are insufficient to allow thecouncilcommissioner to payits136.11 the department's share of total operating cost for those 136.12 recipients, thecouncilcommissioner shall reduce its share in 136.13 each classification to the extent necessary. 136.14 Subd. 7. [TRANSIT OPERATIONS IMPACT ASSESSMENT.] Prior to 136.15 entering into a contract for operating assistance with a 136.16 recipient, thecouncilcommissioner shall evaluate the effect, 136.17 if any, of the contract on the ridership, routes, schedules, 136.18 fares, and staffing levels of the existing and proposed service 136.19 provided by thecouncildepartment. Thecouncilcommissioner 136.20 may enter into the contract only if it determines that the 136.21 service to be assisted under the contract will not impose an 136.22 undue hardship on the ridership or financial condition of 136.23 thecouncil'sdepartment's transit operations. The requirements 136.24 of this subdivision do not apply to contracts for assistance to 136.25 recipients who, as part of a negotiated cost-sharing arrangement 136.26 with thecouncilcommissioner, pay a substantial part of the 136.27 cost of services that directly benefit the recipient as an 136.28 institution or organization. 136.29 Subd. 8. [PARATRANSIT CONTRACTS.] In executing and 136.30 administering contracts for paratransit projects, thecouncil136.31 commissioner has the powers and duties given to the commissioner 136.32 of transportation in section 174.255, subdivisions 1 and 2 136.33 relating to handicapped accessibility and insurance coverage. 136.34 The provisions of section 174.255, subdivision 3, apply to 136.35 paratransit projects which receive assistance by contract with 136.36 thecouncilcommissioner. 137.1 Sec. 47. Minnesota Statutes 1998, section 473.385, 137.2 subdivision 1, is amended to read: 137.3 Subdivision 1. [DEFINITIONS.] (a) "Fully developed service 137.4 area" means the fully developed area, as definedinby the 137.5metropolitan council's development guide, plusoffice of 137.6 strategic and long-range planning, and including the cities of 137.7 Mendota Heights, Maplewood, North St. Paul, and Little Canada. 137.8 (b) "Regular route transit" has the meaning given it in 137.9 section 174.22, subdivision 8, except that, for purposes of this 137.10 section, the term does not include services on fixed routes and 137.11 schedules that are primarily intended to provide circulator 137.12 service within a community or adjacent communities rather than 137.13 feeder service to the system of metropolitan regular route 137.14 transit operated by thecouncildepartment. 137.15 Sec. 48. Minnesota Statutes 1998, section 473.385, 137.16 subdivision 2, is amended to read: 137.17 Subd. 2. [SERVICE AREAS.] Thecouncilcommissioner may 137.18 provide financial assistance (whether directly or through 137.19 another entity) to private, for-profit operators of public 137.20 transit only for the following services: 137.21 (1) services that are not regular route services; 137.22 (2) regular route services provided on June 2, 1989, by a 137.23 private, for-profit operator under contract with the former 137.24 regional transit board or under a certificate of convenience and 137.25 necessity issued by the transportation regulation board; 137.26 (3) regular route services outside of the fully developed 137.27 service area that are not operated on June 2, 1989, by the 137.28 former metropolitan transit commission; 137.29 (4)regular route services provided under section 473.388;137.30(5)regular route services to recipients who, as part of a 137.31 negotiated cost-sharing arrangement with thecouncil137.32 commissioner, pay at least 50 percent of the cost of the service 137.33 that directly benefits the recipient as an institution or 137.34 organization; or 137.35(6)(5) regular route services that will not be operated 137.36 for a reasonable subsidy by thecouncilcommissioner. 138.1 Sec. 49. Minnesota Statutes 1998, section 473.386, 138.2 subdivision 1, is amended to read: 138.3 Subdivision 1. [SERVICE OBJECTIVES.] Thecouncil138.4 commissioner shall implement a special transportation service, 138.5 as defined in section 174.29, in the metropolitan area. The 138.6 service has the following objectives: 138.7 (a) to provide greater access to transportation for the 138.8 elderly, people with disabilities, and others with special 138.9 transportation needs in the metropolitan area; 138.10 (b) to develop an integrated system of special 138.11 transportation service providing transportation tailored to meet 138.12 special individual needs in the most cost-efficient manner; and 138.13 (c) to use existing public, private, and private nonprofit 138.14 providers of service wherever possible, to supplement rather 138.15 than replace existing service, and to increase the productivity 138.16 of all special transportation vehicles available in the area. 138.17 Sec. 50. Minnesota Statutes 1998, section 473.386, 138.18 subdivision 2, is amended to read: 138.19 Subd. 2. [SERVICE CONTRACTS; MANAGEMENT; TRANSPORTATION 138.20 ACCESSIBILITY ADVISORY COMMITTEE.] (a) Thecouncilcommissioner 138.21 may contract for services necessary for the provision of special 138.22 transportation. Transportation service provided under a 138.23 contract must specify the service to be provided, the standards 138.24 that must be met, and the rates for operating and providing 138.25 special transportation services. 138.26 (b) Thecouncilcommissioner shall establish management 138.27 policies for the service and may contract with a service 138.28 administrator for day-to-day administration and management of 138.29 the service. Any contract must delegate to the service 138.30 administrator clear authority to administer and manage the 138.31 delivery of the service pursuant tocouncildepartment 138.32 management policies and must establish performance and 138.33 compliance standards for the service administrator. Thecouncil138.34 commissioner may provide directly day-to-day administration and 138.35 management of the service and may own or lease vehicles used to 138.36 provide the service. 139.1 (c) Thecouncilcommissioner shall ensure that the service 139.2 administrator establishes a system for registering and 139.3 expeditiously responding to complaints by users, informing users 139.4 of how to register complaints, and requiring providers to report 139.5 on incidents that impair the safety and well-being of users or 139.6 the quality of the service. Thecouncilcommissioner shall 139.7 annually report tothe commissioner of transportation andthe 139.8 legislature on complaints and provider reports, the response of 139.9 the service administrator, and steps taken by thecouncil139.10 commissioner and the service administrator to identify causes 139.11 and provide remedies to recurring problems. 139.12 (d) Each year before renewing contracts with providers and 139.13 the service administrator, thecouncilcommissioner shall 139.14 provide an opportunity for the transportation accessibility 139.15 advisory committee, users, and other interested persons to 139.16 testify before thecouncilcommissioner concerning providers, 139.17 contract terms, and other matters relating tocouncildepartment 139.18 policies and procedures for implementing the service. 139.19 (e) Thecouncilcommissioner shall establish a 139.20 transportation accessibility advisory committee. The 139.21 transportation accessibility advisory committee must include 139.22 elderly and disabled persons, other users of special 139.23 transportation service, representatives of persons contracting 139.24 to provide special transportation services, and representatives 139.25 of appropriate agencies for elderly and disabled persons to 139.26 advise thecouncilcommissioner on management policies for the 139.27 service. At least half the transportation accessibility 139.28 advisory committee members must be disabled or elderly persons 139.29 or the representatives of disabled or elderly persons. Two of 139.30 the appointments to the transportation accessibility advisory 139.31 committee shall be made by the council on disability in 139.32 consultation with thechair of the metropolitan139.33councilcommissioner. 139.34 Sec. 51. Minnesota Statutes 1998, section 473.386, 139.35 subdivision 2a, is amended to read: 139.36 Subd. 2a. [ELIGIBILITY CERTIFICATION.] Thecouncil140.1 commissioner shall include the notice of penalty for fraudulent 140.2 certification, and require the person certifying the applicant 140.3 to sign the eligibility certification form and the applicant to 140.4 sign the application form, as provided in section 174.295. 140.5 Sec. 52. Minnesota Statutes 1998, section 473.386, 140.6 subdivision 3, is amended to read: 140.7 Subd. 3. [DUTIES OFCOUNCILCOMMISSIONER.] In implementing 140.8 the special transportation service, thecouncilcommissioner 140.9 shall: 140.10 (a) encourage participation in the service by public, 140.11 private, and private nonprofit providers of special 140.12 transportation currently receiving capital or operating 140.13 assistance from a public agency; 140.14 (b) contract with public, private, and private nonprofit 140.15 providers that have demonstrated their ability to effectively 140.16 provide service at a reasonable cost; 140.17 (c) encourage individuals using special transportation to 140.18 use the type of service most appropriate to their particular 140.19 needs; 140.20 (d) ensure that all persons providing special 140.21 transportation service receive equitable treatment in the 140.22 allocation of the ridership; 140.23 (e) encourage shared rides to the greatest extent 140.24 practicable; 140.25 (f) encourage public agencies that provide transportation 140.26 to eligible individuals as a component of human services and 140.27 educational programs to coordinate with this service and to 140.28 allow reimbursement for transportation provided through the 140.29 service at rates that reflect the public cost of providing that 140.30 transportation; 140.31 (g) establish criteria to be used in determining individual 140.32 eligibility for special transportation services; 140.33 (h) consult with the transportation accessibility advisory 140.34 committee in a timely manner before changes are made in the 140.35 provision of special transportation services, including, but not 140.36 limited to, changes in policies affecting the matters subject to 141.1 hearing under subdivision 2; 141.2 (i) provide for effective administration and enforcement of 141.3councildepartment policies and standards; and 141.4 (j) annually evaluate providers of special transportation 141.5 service to ensure compliance with the standards established for 141.6 the program. 141.7 Sec. 53. Minnesota Statutes 1998, section 473.386, 141.8 subdivision 4, is amended to read: 141.9 Subd. 4. [COORDINATION REQUIRED.] Thecouncilcommissioner 141.10 may not grant any financial assistance to any recipient that 141.11 proposes to use any part of the grant to provide special 141.12 transportation service in the metropolitan area unless the 141.13 program is coordinated with thecouncil'sdepartment's special 141.14 transportation service in the manner determined by thecouncil141.15 department. Thecouncilcommissioner is not required to provide 141.16 funding for transportation services from a residence to a 141.17 service site and home again when the services are used by 141.18 individuals in conjunction with their participation in human 141.19 service developmental achievement center programs in which 141.20 transportation to and from the program is a required and funded 141.21 component of those programs. 141.22 Sec. 54. Minnesota Statutes 1998, section 473.386, 141.23 subdivision 5, is amended to read: 141.24 Subd. 5. [EQUITABLE ALLOCATION AND ANNUAL REALLOCATION.] 141.25 Thecouncilcommissioner shall distribute all available funding 141.26 under this section in a manner designed to achieve an equitable 141.27 allocation of special transportation services based on the 141.28 proportion of the number of elderly, disabled, or economically 141.29 disadvantaged individuals with special transportation needs who 141.30 actually use the special transportation service. 141.31 Sec. 55. Minnesota Statutes 1998, section 473.386, 141.32 subdivision 6, is amended to read: 141.33 Subd. 6. [OPERATING AND SERVICE STANDARDS.] A person 141.34 operating or assisting the operation of a vehicle may leave the 141.35 vehicle to enter premises in order to help a passenger who does 141.36 not require emergency ambulance service. Operators and 142.1 assistants shall provide the help necessary for 142.2 door-through-door service, including help in entering and 142.3 leaving the vehicle and help through the exterior entrance and 142.4 over any exterior steps at either departure or destination 142.5 buildings, provided that both the steps and the wheelchair are 142.6 in good repair. If an operator or assistant refuses help 142.7 because of the condition of the steps or the wheelchair, the 142.8 operator of the service shall send letters to the service 142.9 administrator designated by thecouncilcommissioner, who shall 142.10 notify the person denied service describing the corrective 142.11 measures necessary to qualify for service. 142.12 Sec. 56. Minnesota Statutes 1998, section 473.387, 142.13 subdivision 2, is amended to read: 142.14 Subd. 2. [ADMINISTRATION.] Thecouncilcommissioner shall 142.15 design and administer the programs under this section. 142.16 Thecouncilcommissioner may request proposals for projects to 142.17 demonstrate methods of achieving the purposes of programs 142.18 administered under this section. Thecouncilcommissioner shall 142.19 design or ensure the design of programs that will provide better 142.20 access for the targeted service groups to places of employment 142.21 and activity throughout the metropolitan area, using regular 142.22 route transit, paratransit, taxis, car or van pools, or other 142.23 means of conveyance. Thecouncilcommissioner may organize the 142.24 services by providing to individuals, directly or indirectly, 142.25 reduced fares or passes on public transit or vouchers to be used 142.26 to purchase transportation; by contracting with public and 142.27 private providers; by arrangements with government agencies, 142.28 civic and community organizations or nonprofit groups providing 142.29 assistance to the targeted service groups; by arrangements with 142.30 prospective employers, with employment, education, retail, 142.31 medical, or other activity centers, or with local governments; 142.32 or by any other methods designed to improve service and reduce 142.33 costs to the targeted service groups. 142.34 Sec. 57. Minnesota Statutes 1998, section 473.387, 142.35 subdivision 3, is amended to read: 142.36 Subd. 3. [JOBSEEKERS.] Thecouncilcommissioner shall 143.1 establish a program and policies to increase the availability 143.2 and utility of public transit services and reduce transportation 143.3 costs for persons who are seeking employment and who lack 143.4 private means of transportation. 143.5 Sec. 58. Minnesota Statutes 1998, section 473.387, 143.6 subdivision 4, is amended to read: 143.7 Subd. 4. [TRANSIT DISADVANTAGED.] Thecouncilcommissioner 143.8 shall establish a program and policies to reduce transportation 143.9 costs for persons who are, because of limited incomes, age, 143.10 disability, or other reasons, especially dependent on public 143.11 transit for common mobility. 143.12 Sec. 59. Minnesota Statutes 1998, section 473.391, is 143.13 amended to read: 143.14 473.391 [ROUTE PLANNING AND SCHEDULING.] 143.15 Subdivision 1. [CONTRACTS.] Thecouncilcommissioner may 143.16 contract with other operators or local governments for route 143.17 planning and scheduling services in any configuration of new or 143.18 reconfiguration of existing transit services and routes, 143.19 including route planning and scheduling necessary for the test 143.20 marketing program, the service bidding program, and the 143.21 interstate highway described generally as legislative routes 143.22 Nos. 10 and 107 between I-494 and the Hawthorne interchange in 143.23 the city of Minneapolis, commonly known as I-394. 143.24 Subd. 2. [ROUTE ELIMINATION; SERVICE REDUCTION.] The 143.25councilcommissioner shall, before making a determination to 143.26 eliminate or reduce service on existing transit routes, consider: 143.27 (1) the level of subsidy per passenger on each route; 143.28 (2) the availability and proximity of alternative transit 143.29 routes; and 143.30 (3) the percentage of transit dependent riders, including 143.31 youth, elderly, low-income, and disabled riders currently using 143.32 each route. 143.33 Sec. 60. Minnesota Statutes 1998, section 473.3915, 143.34 subdivision 3, is amended to read: 143.35 Subd. 3. [TRANSIT ZONE.] "Transit zone" means: (1) the 143.36 area within one-quarter of a mile of a route along which regular 144.1 route transit service is provided that is also within the 144.2 metropolitan urban service area, as determined by the 144.3counciloffice of strategic and long-range planning; or (2) the 144.4 area within one-eighth of a mile around a replacement transit 144.5 service transit hub. "Transit zone" includes any light rail 144.6 transit route for which funds for construction have been 144.7 committed. 144.8 Sec. 61. Minnesota Statutes 1998, section 473.3915, 144.9 subdivision 4, is amended to read: 144.10 Subd. 4. [TRANSIT ZONES; MAP AND PLAN.] For the purposes 144.11 of section 273.13, subdivision 24, thecouncilcommissioner 144.12 shall designate transit zones and identify them on a detailed 144.13 map and in a plan. Thecouncilcommissioner shall review the 144.14 map and plan once a year and revise them as necessary to 144.15 indicate the current transit zones. Thecouncilcommissioner 144.16 shall provide each county and city assessor in the metropolitan 144.17 area a copy of the current map and plan. 144.18 Sec. 62. Minnesota Statutes 1998, section 473.392, is 144.19 amended to read: 144.20 473.392 [SERVICE BIDDING.] 144.21 Thecouncilcommissioner may competitively bid transit 144.22 service only in accordance with standards, procedures, and 144.23 guidelines adopted byresolution ofthecouncilcommissioner. 144.24 Thecouncilcommissioner shall establish a project management 144.25 team to assist and advise thecouncilcommissioner in developing 144.26 and implementing standards, procedures, and guidelines. The 144.27 project management team must include representatives of the 144.28 Amalgamated Transit Union Local 1005, private operators, local 144.29 governments, and other persons interested in the subject. At 144.30 least 60 days before adopting any standards, procedures, or 144.31 guidelines for competitive bidding of transit service, 144.32 thecouncilcommissioner shall hold a public hearing on the 144.33 subject. Thecouncilcommissioner shall publish notice of the 144.34 hearing in newspapers of general circulation in the metropolitan 144.35 area not less than 15 days before the hearing. At the hearing 144.36 all interested persons must be afforded an opportunity to 145.1 present their views orally and in writing. Following the 145.2 hearing, and after considering the testimony, thecouncil145.3 commissioner shall revise and adopt the standards, procedures, 145.4 and guidelines. 145.5 Sec. 63. Minnesota Statutes 1999 Supplement, section 145.6 473.399, is amended to read: 145.7 473.399 [LIGHT RAIL TRANSIT AND COMMUTER RAIL PLANNING.] 145.8 Subdivision 1. [GENERAL REQUIREMENTS.] (a) Thecouncil145.9 commissioner shall adopt a plan to ensure that light rail 145.10 transit facilities in the metropolitan area will be acquired, 145.11 developed, owned, and capable of operation in an efficient, 145.12 cost-effective, and coordinated manner in coordination with 145.13 buses and other transportation modes and facilities. The plan 145.14 may be developed and adopted in phases corresponding to phasing 145.15 of construction of light rail. Thecouncilcommissioner may 145.16 incorporate intoitsthe plan appropriate elements of the plans 145.17 of regional railroad authorities and the former metropolitan 145.18 council in order to avoid duplication of effort. 145.19 (b) The light rail transit plan or first phase of the plan 145.20 required by this section must beadoptedapproved by thecouncil145.21 commissioner before the commissionerof transportationmay begin 145.22 construction of light rail transit facilities. Following 145.23adoptionapproval of the plan, the commissioner of 145.24 transportation shall act in conformity with the plan. The 145.25 commissioner shall prepare or amend the final design plans as 145.26 necessary to make the plans consistent with the light rail 145.27 transit plan. 145.28 (c) Throughout the development and implementation of the 145.29 plan, thecouncilcommissioner shall contract for or otherwise 145.30 obtain engineering services to assure that the plan adequately 145.31 addresses the technical aspects of light rail transit. 145.32 Subd. 1a. [INTEGRATED TRANSPORTATION SYSTEM.] The 145.33 commissioner of transportationand the metropolitan council145.34 shall ensure that the light rail transit and commuter rail 145.35 facilities are planned, designed, and implemented: (1) to move 145.36 commuters and transit users into and out of, as well as within, 146.1 the metropolitan area, and (2) to ensure that rail transit lines 146.2 will interface with each other and other transportation 146.3 facilities and services so as to provide a unified, integrated, 146.4 and efficient multimodal transportation system. 146.5 Sec. 64. Minnesota Statutes 1999 Supplement, section 146.6 473.3994, subdivision 4, is amended to read: 146.7 Subd. 4. [PRELIMINARY DESIGN PLANS;COUNCILOFFICE OF 146.8 STRATEGIC AND LONG-RANGE PLANNING REFERRAL.] If the governing 146.9 body of one or more cities, counties, or towns disapproves the 146.10 preliminary design plans within the period allowed under 146.11 subdivision 3, the commissioner of transportation may refer the 146.12 plans, along with any comments of local jurisdictions, to 146.13 themetropolitan counciloffice of strategic and long-range 146.14 planning. Thecounciloffice shall hold a hearing on the plans, 146.15 giving the commissioner of transportation, any disapproving 146.16 local governmental units, and other persons an opportunity to 146.17 present their views on the plans. Thecounciloffice may 146.18 conduct independent study as it deems desirable and may mediate 146.19 and attempt to resolve disagreements about the plans. Within 90 146.20 days after the referral, thecounciloffice shall review the 146.21 plans submitted by the commissioner of transportation and 146.22 thecounciloffice shall decide what amendments to the plans, if 146.23 any, must be made to accommodate the objections presented by the 146.24 disapproving local governmental units. The commissioner shall 146.25 make the amendments to the plans before continuing the planning 146.26 and designing process. 146.27 Sec. 65. Minnesota Statutes 1998, section 473.3994, 146.28 subdivision 5, is amended to read: 146.29 Subd. 5. [FINAL DESIGN PLANS.] (a) If the final design 146.30 plans incorporate a substantial change from the preliminary 146.31 design plans with respect to location, length, or termini of 146.32 routes; general dimension, elevation, or alignment of routes and 146.33 crossings; location of tracks above ground, below ground, or at 146.34 ground level; or station locations, before beginning 146.35 construction, the commissioner shall submit the changed 146.36 component of final design plans to the governing body of each 147.1 statutory and home rule city, county, and town in which the 147.2 changed component is proposed to be located. Within 60 days 147.3 after the submission of the plans, the city, county, or town 147.4 shall review and approve or disapprove the changed component 147.5 located in the city, county, or town. A local unit of 147.6 government that disapproves the change shall describe specific 147.7 amendments to the plans that, if adopted, would cause the local 147.8 unit to withdraw its disapproval. Failure to approve or 147.9 disapprove the changed plans in writing within the time period 147.10 is deemed to be approval, unless an extension is agreed to by 147.11 the city, county, or town and the commissioner. 147.12 (b) If the governing body of one or more cities, counties, 147.13 or towns disapproves the changed plans within the period allowed 147.14 under paragraph (a), the commissioner may refer the plans, along 147.15 with any comments of local jurisdictions, to themetropolitan147.16counciloffice of strategic and long-range planning. 147.17 Thecounciloffice shall review the final design plans under the 147.18 same procedure and with the same effect as provided in 147.19 subdivision 4 for preliminary design plans. 147.20 Sec. 66. Minnesota Statutes 1998, section 473.3994, 147.21 subdivision 7, is amended to read: 147.22 Subd. 7. [COUNCILOFFICE OF STRATEGIC AND LONG-RANGE 147.23 PLANNING REVIEW.] Before proceeding with construction of a light 147.24 rail transit facility, the commissioner must submit preliminary 147.25 and final design plans to themetropolitan counciloffice of 147.26 strategic and long-range planning. Thecounciloffice must 147.27 review the plans for consistency with thecouncil'soffice's 147.28 development guide and approve the plans. 147.29 Sec. 67. Minnesota Statutes 1998, section 473.3994, 147.30 subdivision 9, is amended to read: 147.31 Subd. 9. [LIGHT RAIL TRANSIT OPERATING COSTS.] (a) Before 147.32 submitting an application for federal assistance for light rail 147.33 transit facilities in the metropolitan area, the applicant must 147.34 provide to themetropolitan councilcommissioner estimates of 147.35 the amount of operating subsidy which will be required to 147.36 operate light rail transit in the corridor to which the federal 148.1 assistance would be applied. The information provided to the 148.2councilcommissioner must indicate the amount of operating 148.3 subsidy estimated to be required in each of the first ten years 148.4 of operation of the light rail transit facility. 148.5 (b) Thecouncilcommissioner must review and evaluate the 148.6 information provided under paragraph (a) with regard to the 148.7 effect of operating the light rail transit facility on the 148.8 currently available mechanisms for financing transit in the 148.9 metropolitan area. 148.10 Sec. 68. Minnesota Statutes 1999 Supplement, section 148.11 473.3994, subdivision 10, is amended to read: 148.12 Subd. 10. [CORRIDOR MANAGEMENT COMMITTEE.] A corridor 148.13 management committee shall be established to advise the 148.14 commissioner of transportation in the design and construction of 148.15 light rail transit in each corridor to be constructed. The 148.16 corridor management committee shall consist of the following 148.17 members: 148.18 (1) one member appointed by each city and county in which 148.19 the corridor is located; 148.20 (2) the commissioner of transportation or a designee of the 148.21 commissioner, who shall serve as chair of the committee; 148.22 (3)two members appointed by the metropolitan council, one148.23of whom shall be designated as the chair of the committee;148.24(4)one member appointed by the metropolitan airports 148.25 commission, if the designated corridor provides direct service 148.26 to the Minneapolis-St. Paul International Airport; and 148.27(5)(4) one member appointed by the president of the 148.28 University of Minnesota, if the designated corridor provides 148.29 direct service to the university. 148.30 The corridor management committee shall advise the 148.31 commissioner of transportation on issues relating to the 148.32 alternatives analysis, environmental review, preliminary design, 148.33 preliminary engineering, final design, implementation method, 148.34 and construction of light rail transit. 148.35 Sec. 69. Minnesota Statutes 1998, section 473.3994, 148.36 subdivision 13, is amended to read: 149.1 Subd. 13. [DISPUTE RESOLUTION.] In the event of a dispute 149.2 between any of the parties arising from the parties' respective 149.3 authority and responsibility under this section or section 149.4 473.3998, the dispute shall be submitted to themetropolitan149.5counciloffice of strategic and long-range planning for final 149.6 resolution by any party to the dispute. Themetropolitan149.7council shall establish by July 1, 1993, a process to ensure a149.8prompt and speedy resolution of the dispute. Thisdispute 149.9 resolution process shall allow the parties to provide evidence 149.10 and testimony in support of their positions. 149.11 Sec. 70. Minnesota Statutes 1998, section 473.3997, is 149.12 amended to read: 149.13 473.3997 [FEDERAL FUNDING; LIGHT RAIL TRANSIT.] 149.14 (a) Upon completion of the alternatives analysis and draft 149.15 environmental impact statement for the central corridor transit 149.16 improvement project,the council,the commissioner of 149.17 transportation, and the affected regional rail authorities may 149.18 prepare a joint application for federal assistance for light 149.19 rail transit facilities in the metropolitan area.The149.20application must be reviewed and approved by the metropolitan149.21council before it is submitted by the council and the149.22commissioner. In reviewing the application the council must149.23consider the information submitted to it under section 473.3994,149.24subdivision 9.149.25 (b) Until the application described in paragraph (a) is 149.26 submitted, no political subdivision in the metropolitan area may 149.27 on its own apply for federal assistance for light rail transit 149.28 planning or construction. 149.29 Sec. 71. Minnesota Statutes 1998, section 473.405, 149.30 subdivision 1, is amended to read: 149.31 Subdivision 1. [GENERAL.] Themetropolitan council149.32 commissioner has the powers and duties prescribed by this 149.33 section and sections 473.407 to 473.449 and all powers necessary 149.34 or convenient to dischargeitsthe commissioner's duties. 149.35 Sec. 72. Minnesota Statutes 1998, section 473.405, 149.36 subdivision 3, is amended to read: 150.1 Subd. 3. [CONDEMNATION.] Thecouncilcommissioner may for 150.2 transit purposes acquire property, franchises, easements, or 150.3 property rights or interests of any kind by condemnation 150.4 proceedings pursuant to chapter 117. Except as provided in 150.5 subdivision 9, thecouncilcommissioner may take possession of 150.6 any property for which condemnation proceedings have been 150.7 commenced at any time after the filing of the petition 150.8 describing the property in the proceedings. Thecouncil150.9 commissioner may contract with an operator or other persons for 150.10 the use by the operator or person of any property under 150.11 thecouncil'scommissioner's control. 150.12 Sec. 73. Minnesota Statutes 1998, section 473.405, 150.13 subdivision 4, is amended to read: 150.14 Subd. 4. [TRANSIT SYSTEMS.] Thecouncilcommissioner may 150.15 engineer, construct, equip, and operate transit and paratransit 150.16 systems, projects, or any parts thereof, including road lanes or 150.17 rights of way, terminal facilities, maintenance and garage 150.18 facilities, ramps, parking areas, and any other facilities 150.19 useful for or related to any public transit or paratransit 150.20 system or project. 150.21 Sec. 74. Minnesota Statutes 1998, section 473.405, 150.22 subdivision 5, is amended to read: 150.23 Subd. 5. [ACQUISITION OF TRANSIT SYSTEMS.] Thecouncil150.24 commissioner may acquire by purchase, lease, gift, or 150.25 condemnation proceedings any existing public transit system or 150.26 any part thereof, including all or any part of the plant, 150.27 equipment, shares of stock, property, real, personal, or mixed, 150.28 rights in property, reserve funds, special funds, franchises, 150.29 licenses, patents, permits and papers, documents and records 150.30 belonging to any operator of a public transit system within the 150.31 metropolitan area, and may in connection therewith assume any or 150.32 all liabilities of any operator of a public transit system. The 150.33councilcommissioner may take control of and operate a system 150.34 immediately following the filing and approval of the initial 150.35 petition for condemnation, if thecouncilcommissioner, inits150.36 the commissioner's discretion, determines this to be necessary, 151.1 and may take possession of all right, title and other powers of 151.2 ownership in all properties and facilities described in the 151.3 petition. Control must be taken by resolution which is 151.4 effective upon service of a copy on the condemnee and the filing 151.5 of the resolution in the condemnation action. In the 151.6 determination of the fair value of the existing public transit 151.7 system, there must not be included any value attributable to 151.8 expenditures for improvements made by the former metropolitan 151.9 transit commission or the former metropolitan council. 151.10 Thecouncilcommissioner may continue or terminate within 151.11 three months of acquisition any advertising contract in 151.12 existence by and between any advertiser and a transit system 151.13 that thecouncilcommissioner has acquired. If thecouncil151.14 commissioner determines to terminate the advertising 151.15 contract,itthe commissioner shall acquire all of the 151.16 advertiser's rights under the contract by purchase or eminent 151.17 domain proceedings as provided by law. 151.18 Sec. 75. Minnesota Statutes 1998, section 473.405, 151.19 subdivision 9, is amended to read: 151.20 Subd. 9. [CONDEMNATION OF PUBLIC OR PUBLIC SERVICE 151.21 CORPORATION PROPERTY.] The fact that property is owned by or is 151.22 in charge of a public agency or a public service corporation 151.23 organized for a purpose specified in section 300.03, or is 151.24 already devoted to a public use or to use by the corporation or 151.25 was acquired therefor by condemnation may not prevent its 151.26 acquisition by thecouncilcommissioner by condemnation, but if 151.27 the property is in actual public use or in actual use by the 151.28 corporation for any purpose of interest or benefit to the 151.29 public, the taking by thecouncilcommissioner by condemnation 151.30 may not be authorized unless the court finds and determines that 151.31 there is greater public necessity for the proposed use by 151.32 thecouncilcommissioner than for the existing use. 151.33 Sec. 76. Minnesota Statutes 1998, section 473.405, 151.34 subdivision 10, is amended to read: 151.35 Subd. 10. [VOLUNTARY TRANSFER OF PUBLIC PROPERTY TO THE 151.36 COMMISSIONER.] Any state department or other agency of the state 152.1 government or any county, municipality, or other public agency 152.2 may sell, lease, grant, transfer, or convey to thecouncil152.3 commissioner, with or without consideration, any facilities or 152.4 any part or parts thereof or any real or personal property or 152.5 interest therein which may be useful to thecouncilcommissioner 152.6 for any authorized purpose. In any case where the construction 152.7 of a facility has not been completed, the public agency 152.8 concerned may also transfer, sell, assign, and set over to 152.9 thecouncilcommissioner, with or without consideration, any 152.10 existing contract for the construction of the facilities. 152.11 Sec. 77. Minnesota Statutes 1998, section 473.405, 152.12 subdivision 12, is amended to read: 152.13 Subd. 12. [MANAGEMENT CONTRACTS.] Notwithstanding any of 152.14 the other provisions of this section and sections 473.407 to 152.15 473.449, thecouncilcommissioner may, in lieu of directly 152.16 operating any public transit system or any part thereof, enter 152.17 into contracts for management services. The contracts may 152.18 provide for compensation, incentive fees, the employment of 152.19 personnel, the services provided, and other terms and conditions 152.20 that thecouncilcommissioner deems proper. The contracts must 152.21 provide that the compensation of personnel who work full time or 152.22 substantially full time providing management or other services 152.23 for thecouncilcommissioner is public data under chapter 13. 152.24 Thecouncilcommissioner may not permit a contract manager 152.25 to supervise or manage internal audit activities. Internal 152.26 audit activity must be supervised and managed directly by the 152.27councilcommissioner. Thecouncilcommissioner shall advertise 152.28 for bids and select contracts for management services through 152.29 competitive bidding. The term of the contract may not be longer 152.30 than two years. The contract must include clear operating 152.31 objectives, stating the service policies and goals of 152.32 thecouncilcommissioner in terms of the movement of various 152.33 passenger groups, and performance criteria, by means of which 152.34 success in achieving the operating objectives can be measured. 152.35 Thecouncilcommissioner shall consider and determine the 152.36 feasibility and desirability of having all its transit 153.1 management services provided internally by employees of the 153.2councilcommissioner. 153.3 The employees of any public transit system operated 153.4 pursuant to the provisions of this subdivision for the purpose 153.5 of resolving any dispute arising under any existing or new 153.6 collective bargaining agreement relating to the terms or 153.7 conditions of their employment, may either engage in a concerted 153.8 refusal to work or to invoke the processes of final and binding 153.9 arbitration as provided by chapter 572, subject to any 153.10 applicable provisions of the agreement not inconsistent with law. 153.11 Sec. 78. Minnesota Statutes 1998, section 473.405, 153.12 subdivision 15, is amended to read: 153.13 Subd. 15. [RELOCATION OF DISPLACED PERSONS.] The 153.14councilcommissioner may plan for and assist in the relocation 153.15 of individuals, families, business concerns, nonprofit 153.16 organizations, and others displaced by operations of thecouncil153.17 department, and may make relocation payments in accordance with 153.18 federal regulations. 153.19 Sec. 79. Minnesota Statutes 1998, section 473.4051, is 153.20 amended to read: 153.21 473.4051 [LIGHT RAIL TRANSIT OPERATION.] 153.22 Thecouncildepartment shall operate light rail transit 153.23 facilities and services upon completion of construction of the 153.24 facilities and the commencement of revenue service using the 153.25 facilities. The commissioner of transportationand the council153.26 may not allow the commencement of revenue service until after an 153.27 appropriate period of acceptance testing to ensure satisfactory 153.28 performance. In assuming the operation of the system, the 153.29councilcommissioner must comply with section 473.415. The 153.30councilcommissioner shall coordinate operation of the light 153.31 rail transit system with bus service to avoid duplication of 153.32 service on a route served by light rail transit and to ensure 153.33 the widest possible access to light rail transit lines in both 153.34 suburban and urban areas by means of a feeder bus system. 153.35 Sec. 80. Minnesota Statutes 1998, section 473.407, 153.36 subdivision 1, is amended to read: 154.1 Subdivision 1. [AUTHORIZATION.] Thecouncilcommissioner 154.2 may appoint peace officers, as defined in section 626.84, 154.3 subdivision 1, paragraph (c), and establish a law enforcement 154.4 agency, as defined in section 626.84, subdivision 1, paragraph 154.5 (h), known as the metropolitan transit police, to police its 154.6 transit property and routes and to make arrests under sections 154.7 629.30 and 629.34. The jurisdiction of the law enforcement 154.8 agency is limited to offenses relating tocouncildepartment 154.9 transit property, equipment, employees, and passengers. 154.10 Sec. 81. Minnesota Statutes 1998, section 473.407, 154.11 subdivision 3, is amended to read: 154.12 Subd. 3. [POLICIES.] Before thecouncilcommissioner 154.13 begins to operateitsthe department's law enforcement agency 154.14 within a city or county with an existing law enforcement agency, 154.15 the transit police shall develop, in conjunction with the law 154.16 enforcement agencies, written policies that describe how the 154.17 issues of joint jurisdiction will be resolved. The policies 154.18 must also address the operation of emergency vehicles by transit 154.19 police responding to transit emergencies. These policies must 154.20 be filed with the board of peace officer standards and training 154.21 by August 1, 1993. Revisions of any of these policies must be 154.22 filed with the board within ten days of the effective date of 154.23 the revision. Thecouncilcommissioner shall train all of its 154.24 peace officers regarding the application of these policies. 154.25 Sec. 82. Minnesota Statutes 1998, section 473.407, 154.26 subdivision 4, is amended to read: 154.27 Subd. 4. [CHIEF LAW ENFORCEMENT OFFICER.] Theregional154.28administratorcommissioner shall appoint a peace officer 154.29 employed full time to be the chief law enforcement officer and 154.30 to be responsible for the management of the metropolitan transit 154.31 police. The chief law enforcement officer shall possess the 154.32 necessary police and management experience to manage a law 154.33 enforcement agency. The chief law enforcement officer may 154.34 appoint, discipline, and discharge all transit police 154.35 personnel. All police managerial and supervisory personnel must 154.36 be full-time employees of the metropolitan transit police. 155.1 Supervisory personnel must be on duty and available any time 155.2 transit police are on duty. The chief law enforcement officer 155.3 may not hire part-time peace officers as defined in section 155.4 626.84, subdivision 1, paragraph (f), except that the chief may 155.5 appoint peace officers to work on a part-time basis not to 155.6 exceed 30 full-time equivalents. A part-time officer must 155.7 maintain an active peace officer license with the officer's 155.8 full-time law enforcement employer. 155.9 Sec. 83. Minnesota Statutes 1998, section 473.407, 155.10 subdivision 5, is amended to read: 155.11 Subd. 5. [EMERGENCIES.] (a) Thecouncilcommissioner shall 155.12 ensure that all emergency vehicles used by transit police are 155.13 equipped with radios capable of receiving and transmitting on 155.14 the same frequencies utilized by the law enforcement agencies 155.15 that have primary jurisdiction. 155.16 (b) When the transit police receive an emergency call they 155.17 shall notify the public safety agency with primary jurisdiction 155.18 and coordinate the appropriate response. 155.19 (c) Transit police officers shall notify the primary 155.20 jurisdictions of their response to any emergency. 155.21 Sec. 84. Minnesota Statutes 1998, section 473.408, 155.22 subdivision 1, is amended to read: 155.23 Subdivision 1. [DEFINITION.] "Off-peak hours" means the 155.24 time from 9:00 a.m. to 3:30 p.m. and 6:30 p.m. until the last 155.25 bus on Monday through Friday of each week and all day Saturday, 155.26 Sunday, and holidays designated by thecouncilcommissioner. 155.27 Sec. 85. Minnesota Statutes 1998, section 473.408, 155.28 subdivision 2, is amended to read: 155.29 Subd. 2. [FARE POLICY.] (a) Fares and fare collection 155.30 systems shall be established and administered to accomplish the 155.31 following purposes: 155.32 (1) to encourage and increase transit and paratransit 155.33 ridership with an emphasis on regular ridership; 155.34 (2) to restrain increases in the average operating subsidy 155.35 per passenger; 155.36 (3) to ensure that no riders on any route pay more in fares 156.1 than the average cost of providing the service on that route; 156.2 (4) to ensure that operating revenues are proportioned to 156.3 the cost of providing the service so as to reduce any disparity 156.4 in the subsidy per passenger on routes in the transit system; 156.5 and 156.6 (5) to implement the social fares as set forth in 156.7 subdivision 2b. 156.8 (b) The plan must contain a statement of the policies that 156.9 will govern the imposition of user charges for various types of 156.10 transit service and the policies that will govern decisions by 156.11 thecouncilcommissioner to change fare policy. 156.12 Sec. 86. Minnesota Statutes 1998, section 473.408, 156.13 subdivision 2a, is amended to read: 156.14 Subd. 2a. [REGULAR ROUTE FARES.] Thecouncilcommissioner 156.15 shall establish and enforce uniform fare policies for regular 156.16 route transit in the metropolitan area. The policies must be 156.17 consistent with the requirements of this section and the 156.18council'soffice of strategic and long-range planning's 156.19 transportation policy plan. Thecouncilcommissioner and other 156.20 operators shall charge a base fare and any surcharges for peak 156.21 hours and distance of service in accordance with thecouncil's156.22 commissioner's fares policies. Thecouncilcommissioner shall 156.23 approve all fare schedules. 156.24 Sec. 87. Minnesota Statutes 1998, section 473.408, 156.25 subdivision 2b, is amended to read: 156.26 Subd. 2b. [SOCIAL FARES.] For the purposes of raising 156.27 revenue for improving public safety on transit vehicles and at 156.28 transit hubs or stops, thecouncilcommissioner shall review and 156.29 may adjust its social fares as they relate to passengers under 156.30 the age of 18 during high crime times provided that the 156.31 increased revenues are dedicated to improving the safety of all 156.32 passengers. 156.33 Sec. 88. Minnesota Statutes 1998, section 473.408, 156.34 subdivision 4, is amended to read: 156.35 Subd. 4. [CIRCULATION FARES.] Thecouncilcommissioner and 156.36 other operators may charge a reduced fare for service on any 157.1 route providing circulation service in a downtown area or 157.2 community activity center. Thecouncilcommissioner and other 157.3 operators shall not contribute more than 50 percent of the 157.4 operating deficit of any such route that is confined to a 157.5 downtown area or community activity center. The boundaries of 157.6 service districts eligible for reduced fares under this 157.7 subdivision must be approved by thecouncilcommissioner. 157.8 Sec. 89. Minnesota Statutes 1998, section 473.408, 157.9 subdivision 6, is amended to read: 157.10 Subd. 6. [MONTHLY PASSES.] Thecouncilcommissioner may 157.11 offer monthly passes for regular route bus service for sale to 157.12 the general public. 157.13 Sec. 90. Minnesota Statutes 1998, section 473.408, 157.14 subdivision 7, is amended to read: 157.15 Subd. 7. [EMPLOYEE DISCOUNT PASSES.] Thecouncil157.16 commissioner may offer passes for regular route bus service for 157.17 sale to employers at a special discount. 157.18 Sec. 91. Minnesota Statutes 1998, section 473.409, is 157.19 amended to read: 157.20 473.409 [AGREEMENTS WITHCOUNCILCOMMISSIONER; 157.21 ENCOURAGEMENT OF TRANSIT USE.] 157.22 A state department or agency, including the legislative 157.23 branch, any local governmental unit, or a metropolitan agency 157.24 may enter into an agreement with thecouncilcommissioner and 157.25 other operators for the purpose of encouraging the use of 157.26 transit by its employees residing in the metropolitan area. The 157.27 agreement may provide for, among other things: (a) the advance 157.28 purchase of tokens, tickets or other devices from thecouncil157.29 commissioner or other operator for use in lieu of fares on 157.30 vehicles operated by thecouncilcommissioner or other operator; 157.31 and (b) special transit service for employees to and from their 157.32 place of employment, at fares to be agreed upon by the 157.33 contracting parties. The tokens, tickets, or other devices or 157.34 services may be made available to employees at reduced rates. 157.35 Any such agreement and arrangement by a state department or 157.36 agency shall be submitted to the commissioner of administration 158.1 for approval before execution. Any operating deficits or 158.2 subsidy resulting from such agreements shall be assumed by the 158.3 contracting department, agency, governmental unit, or other 158.4 commission, unless otherwise provided in an agreement approved 158.5 by thecouncilcommissioner. 158.6 Sec. 92. Minnesota Statutes 1998, section 473.411, 158.7 subdivision 5, is amended to read: 158.8 Subd. 5. [USE OF PUBLIC ROADWAYS AND APPURTENANCES.] 158.9 Thecouncilcommissioner may use for the purposes of sections 158.10 473.405 to 473.449 upon the conditions stated in this 158.11 subdivision any state highway or other public roadway, parkway, 158.12 or lane, or any bridge or tunnel or other appurtenance of a 158.13 roadway, without payment of any compensation, provided the use 158.14 does not interfere unreasonably with the public use or 158.15 maintenance of the roadway or appurtenance or entail any 158.16 substantial additional costs for maintenance. The provisions of 158.17 this subdivision do not apply to the property of any common 158.18 carrier railroad or common carrier railroads.The consent of158.19the public agency in charge of such state highway or other158.20public highway or roadway or appurtenance is not required;158.21except thatIf thecouncilcommissioner seeks to use a 158.22 designated parkway for regular route service in the city of 158.23 Minneapolis,itthe commissioner must obtain permission from and 158.24 is subject to reasonable limitations imposed by a joint board 158.25 consisting of two representativesfromof thecouncil158.26 commissioner, two members of the board of park commissioners, 158.27 and a fifth member jointly selected by the representatives of 158.28 thecouncilcommissioner and the park board. 158.29 The board of park commissioners and thecouncil158.30 commissioner may designate persons to sit on the joint board. 158.31 In considering a request by thecouncilcommissioner to use 158.32 designated parkways for additional routes or trips, the joint 158.33 board consisting of thecouncil or theircommissioner's 158.34 designees, the board of park commissioners or their designees, 158.35 and the fifth member, shall base its decision to grant or deny 158.36 the request based on the criteria to be established by the joint 159.1 board. The decision to grant or deny the request must be made 159.2 within 45 days of the date of the request. The park board must 159.3 be notified immediately by thecouncilcommissioner of any 159.4 temporary route detours. If the park board objects to the 159.5 temporary route detours within five days of being notified, the 159.6 joint board must convene and decide whether to grant the 159.7 request, otherwise the request is deemed granted. If the agency 159.8 objects to the proposed use or claims reimbursement from 159.9 thecouncilcommissioner for additional cost of maintenance, it 159.10 may commence an action against thecouncilcommissioner in the 159.11 district court of the county wherein the highway, roadway, or 159.12 appurtenance, or major portion thereof, is located. The 159.13 proceedings in the action must conform to the rules of civil 159.14 procedure applicable to the district courts. The court shall 159.15 sit without jury. If the court determines that the use in 159.16 question interferes unreasonably with the public use or 159.17 maintenance of the roadway or appurtenance, it shall enjoin the 159.18 use by thecouncilcommissioner. If the court determines that 159.19 the use in question does not interfere unreasonably with the 159.20 public use or maintenance of the roadway or appurtenance, but 159.21 that it entails substantial additional maintenance costs, the 159.22 court shall award judgment to the agency for the amount of the 159.23 additional costs. Otherwise the court shall award judgment to 159.24 thecouncilcommissioner. An aggrieved party may appeal from 159.25 the judgment of the district court in the same manner as is 159.26 provided for such appeals in other civil actions. Thecouncil159.27 commissioner may also use land within the right-of-way of any 159.28 state highway or other public roadway for the erection of 159.29 traffic control devices, other signs, and passenger shelters 159.30 upon the conditions stated in this subdivisionand subject only159.31to the approval of the commissioner of transportation where159.32required by statute,and subject to the express provisions of 159.33 other applicable statutes and to federal requirements where 159.34 necessary to qualify for federal aid. 159.35 Sec. 93. Minnesota Statutes 1998, section 473.415, 159.36 subdivision 1, is amended to read: 160.1 Subdivision 1. [INCLUDES NO WORSE OFF CLAUSE.] If the 160.2councilcommissioner acquires an existing transit system, the 160.3councilcommissioner shall assume and observe all existing labor 160.4 contracts and pension obligations. All employees of such system 160.5 except executive and administrative officers who are necessary 160.6 for the operation thereof by thecouncilcommissioner shall be 160.7 transferred to and appointed as employees of thecouncil160.8 commissioner for the purposes of the transit system, subject to 160.9 all the rights and benefits of sections 473.405 to 473.449. 160.10 Such employees shall be given seniority credit and sick leave, 160.11 vacation, insurance, and pension credits in accordance with the 160.12 records or labor agreements from the acquired transit system. 160.13 Thecouncilcommissioner shall assume the obligations of any 160.14 transit system acquired byitthe department with regard to 160.15 wages, salaries, hours, working conditions, sick leave, health 160.16 and welfare and pension or retirement provisions for employees. 160.17 Thecouncilcommissioner and the employees, through their 160.18 representatives for collective bargaining purposes, shall take 160.19 whatever action may be necessary to have pension trust funds 160.20 presently under the joint control of the acquired system and the 160.21 participating employees through their representatives 160.22 transferred to the trust fund to be established, maintained and 160.23 administered jointly by thecouncilstate and the participating 160.24 employees through their representatives. No employee of any 160.25 acquired system who is transferred to a position with 160.26 thecouncildepartment shall by reason of such transfer be 160.27 placed in any worse position with respect to workers' 160.28 compensation, pension, seniority, wages, sick leave, vacation, 160.29 health and welfare insurance or any other benefits than the 160.30 employee enjoyed as an employee of such acquired system. 160.31 Sec. 94. Minnesota Statutes 1998, section 473.416, is 160.32 amended to read: 160.33 473.416 [COUNCIL;TAKING OVER PERSONNEL AND CONTRACTS OF 160.34 TRANSIT SYSTEMS.] 160.35 Whenever thecouncildepartment directly operates any 160.36 public transit system, or any part thereof, or enters into any 161.1 management contract or other arrangement for the operation of a 161.2 system, thecouncilcommissioner shall take the action necessary 161.3 to extend to employees of the affected public transit systems, 161.4 in accordance with seniority, the first opportunity for 161.5 reasonably comparable employment in any available nonsupervisory 161.6 jobs in respect to such operations for which they can qualify 161.7 after a reasonable training period. The employment must not 161.8 result in any worsening of the employee's position in the 161.9 employee's former employment nor any loss of wages, hours, 161.10 working conditions, seniority, fringe benefits, and rights and 161.11 privileges pertaining thereto. Thecouncilcommissioner may 161.12 enter into an agreement specifying fair and equitable 161.13 arrangements to protect the interests of employees who may be 161.14 affected if thecouncilcommissioner should acquire any interest 161.15 in or purchase any facilities or other property of a privately 161.16 owned and operated transit system, or construct, improve, or 161.17 reconstruct any facilities or other property acquired from any 161.18 system, or provide by contract or otherwise for the operation of 161.19 transportation facilities or equipment in competition with, or 161.20 supplementary to, the service provided by an existing transit 161.21 system. The agreement, specifying the terms and conditions of 161.22 the protective arrangements, must comply with any applicable 161.23 requirements of this chapter, and with the requirements of any 161.24 federal law or regulation if federal aid is involved. The 161.25 agreement may provide for final and binding arbitration of any 161.26 dispute. 161.27 Sec. 95. Minnesota Statutes 1998, section 473.42, is 161.28 amended to read: 161.29 473.42 [EMPLOYER CONTRIBUTIONS FOR CERTAIN EMPLOYEES.] 161.30 Notwithstanding any contrary provisions of section 352.029, 161.31 thecouncilstate shall make the employer contributions required 161.32 pursuant to section 352.04, subdivision 3, for any employee who 161.33 was on authorized leave of absence from the transit operating 161.34 division of the former metropolitan transit commission who is 161.35 employed by the labor organization which is the exclusive 161.36 bargaining agent representing employees of the office of transit 162.1 operations and who is covered by the Minnesota state retirement 162.2 system in addition to all other employer contributions the 162.3councilstate is required to make. 162.4 Sec. 96. Minnesota Statutes 1998, section 473.448, is 162.5 amended to read: 162.6 473.448 [TRANSIT ASSETS EXEMPT FROM TAX BUT MUST PAY 162.7 ASSESSMENTS.] 162.8 (a) Notwithstanding any other provision of law to the 162.9 contrary, the properties, moneys, and other assets of the 162.10councildepartment of transportation used for transit operations 162.11 in the metropolitan area or for special transportation 162.12 services in the metropolitan area and all revenues or other 162.13 income from thecouncil'sdepartment's transit operations in the 162.14 metropolitan area or special transportation services in the 162.15 metropolitan area are exempt from all taxation, licenses, or 162.16 fees imposed by the state or by any county, municipality, 162.17 political subdivision, taxing district, or other public agency 162.18 or body of the state. 162.19 (b) Notwithstanding paragraph (a), thecouncil's162.20 department's transit properties are subject to special 162.21 assessments levied by a political subdivision for a local 162.22 improvement in amounts proportionate to and not exceeding the 162.23 special benefit received by the properties from the improvement. 162.24 Sec. 97. Minnesota Statutes 1998, section 473.449, is 162.25 amended to read: 162.26 473.449 [ACT EXCLUSIVE.] 162.27 The exercise by thecouncilcommissioner of the powers 162.28 provided in sections 473.405 to 473.449 shall not be subject to 162.29 regulation by or the jurisdiction or control of any other public 162.30 body or agency, either state, county, or municipal, except as 162.31 specifically provided in this chapter. 162.32 Sec. 98. [BONDS.] 162.33 Bonds and other debt authorized by Minnesota Statutes, 162.34 sections 473.39 and 473.436, that are outstanding on the 162.35 effective date of this article must be paid and retired 162.36 according to those sections, section 473.446, and the terms of 163.1 the bonds or other debt instruments. The auditors of the 163.2 metropolitan counties shall see to the administration of this 163.3 section. 163.4 Sec. 99. [TRANSFER PROVISIONS.] 163.5 Subdivision 1. [GENERAL.] The metropolitan council's 163.6 powers and duties related to transit financing, coordination, 163.7 and operation are transferred to the commissioner of 163.8 transportation. Minnesota Statutes, section 15.039 applies to 163.9 the transfer of the council's powers, duties, and assets to the 163.10 commissioner to the extent practicable. 163.11 Subd. 2. [LEGISLATIVE PROPOSAL.] (a) The commissioner of 163.12 transportation shall prepare and submit to the legislature by 163.13 February 1, 2001, proposed legislation to integrate the 163.14 department's metropolitan area transit powers and duties with 163.15 its other transportation powers and duties. 163.16 (b) The proposal must include the following elements: 163.17 (1) the metropolitan council transit operations will become 163.18 MnDOT transit division (MTD); 163.19 (2) a dedicated fund adequate for MTD transit operations be 163.20 established separate from road and bridge and other 163.21 transportation department funds; 163.22 (3) MTD must fully prorate and advertise publicly-owned and 163.23 operated transit for the metropolitan area; 163.24 (4) MTD will continue to operate and maintain regional 163.25 fleet buses and routes with a process set up to transfer 163.26 ownership of the regional fleet buses to MTD; 163.27 (5) MCTO Union Local 1005 employees who were absorbed into 163.28 metropolitan council headquarters be given an opportunity to 163.29 transfer to the new MTD by a process in the legislative 163.30 proposal; 163.31 (6) MCTO Union Local 1005 employees at the time of the 163.32 transfer from the metropolitan council to MTD be transferred to 163.33 MTD and that the collective bargaining agreement in effect for 163.34 Transfer Union Local 1005 at the time of the transfer continue 163.35 in effect unchanged; and 163.36 (7) so-called opt-out and similar transit services that use 164.1 MTD fare boxes, radio system, transit supervision, police, 164.2 security, maintenance, mechanical, and other services may 164.3 continue to do so if a fee is paid to MTD for the reasonable 164.4 value of the services. 164.5 Sec. 100. [APPROPRIATION.] 164.6 $....... is appropriated from the general fund to the 164.7 commissioner of transportation for the biennium ending June 30, 164.8 2001, for the purposes of this article. 164.9 Sec. 101. [REPEALER.] 164.10 Minnesota Statutes 1998, sections 174.22, subdivision 3; 164.11 473.1465; 473.167, subdivisions 3 and 4; 473.388; 473.39, 164.12 subdivisions 1, 1a, 1b, 1c, 1d, 1e, 1f, 2, and 4; 473.3915, 164.13 subdivisions 5 and 6; 473.411, subdivisions 3 and 4; 473.436; 164.14 and 473.446, are repealed. Minnesota Statutes 1999 Supplement, 164.15 section 473.39, subdivision 1g, is repealed. 164.16 Sec. 102. [EFFECTIVE DATE.] 164.17 Section 31 is effective the day after final enactment. The 164.18 remainder of this article is effective July 1, 2001. 164.19 ARTICLE 4 164.20 METROPOLITAN WASTE CONTROL COMMISSION 164.21 Section 1. Minnesota Statutes 1998, section 115.54, is 164.22 amended to read: 164.23 115.54 [TECHNICAL ADVISORY COMMITTEE.] 164.24 The agency shall adopt and revise rules governing waste 164.25 water treatment control under this chapter or chapter 116 only 164.26 with the advice of a technical advisory committee of seven 164.27 members. One member of the committee shall be selected by each 164.28 of the following: the state Consulting Engineers Council, the 164.29 Minnesota chapter of the Central States Water Pollution Control 164.30 Federation, the Association of Minnesota Counties, the state 164.31 Wastewater Treatment Plant Operators Association, the 164.32 metropolitancouncilwaste control commission, the state 164.33 Association of Small Cities, and the League of Minnesota 164.34 Cities. The technical advisory committee may review and advise 164.35 the agency on any rule or technical requirements governing the 164.36 wastewater treatment grant or loan program and may review the 165.1 work of other professional persons working on a wastewater 165.2 treatment project and make recommendations to those persons, the 165.3 agency, and the concerned municipality, in order for the agency 165.4 to ensure that water quality treatment standards will be met. 165.5 The committee shall meet at least once a year, or at the call of 165.6 the chair, and shall elect its chair. The agency must provide 165.7 staff support for the committee, prepare committee minutes, and 165.8 provide information to the committee it may request. A quorum 165.9 is a simple majority and official action must be by a majority 165.10 vote of the quorum. The committee expires as provided in 165.11 section 15.059, subdivision 5. 165.12 Sec. 2. Minnesota Statutes 1999 Supplement, section 165.13 115.741, subdivision 2, is amended to read: 165.14 Subd. 2. [GEOGRAPHIC REPRESENTATION.] At least one of the 165.15 water supply system operators and at least one of the wastewater 165.16 treatment facility operators must be from outside the 165.17 seven-county metropolitan area and one wastewater operator must 165.18 come from the metropolitancouncilwaste control commission. 165.19 Sec. 3. Minnesota Statutes 1998, section 116.16, 165.20 subdivision 2, is amended to read: 165.21 Subd. 2. [DEFINITIONS.] In this section and sections 165.22 116.17 and 116.18: 165.23 (1) Agency means the Minnesota pollution control agency 165.24 created by this chapter; 165.25 (2) Municipality means any county, city, town, the 165.26 metropolitancouncilwaste control commission, or an Indian 165.27 tribe or an authorized Indian tribal organization, and any other 165.28 governmental subdivision of the state responsible by law for the 165.29 prevention, control, and abatement of water pollution in any 165.30 area of the state; 165.31 (3) Water pollution control program means the Minnesota 165.32 state water pollution control program created by subdivision 1; 165.33 (4) Bond account means the Minnesota state water pollution 165.34 control bond account created in the state bond fund by section 165.35 116.17, subdivision 4; 165.36 (5) Terms defined in section 115.01 have the meanings 166.1 therein given them; 166.2 (6) The eligible cost of any municipal project, except as 166.3 otherwise provided in clause (7), includes (a) preliminary 166.4 planning to determine the economic, engineering, and 166.5 environmental feasibility of the project; (b) engineering, 166.6 architectural, legal, fiscal, economic, sociological, project 166.7 administrative costs of the agency and the municipality, and 166.8 other investigations and studies; (c) surveys, designs, plans, 166.9 working drawings, specifications, procedures, and other actions 166.10 necessary to the planning, design, and construction of the 166.11 project; (d) erection, building, acquisition, alteration, 166.12 remodeling, improvement, and extension of disposal systems; (e) 166.13 inspection and supervision of construction; and (f) all other 166.14 expenses of the kinds enumerated in section 475.65; 166.15 (7) For state grants under the state independent grants 166.16 program, the eligible cost includes the acquisition of land for 166.17 stabilization ponds, the construction of collector sewers for 166.18 totally unsewered statutory and home rule charter cities and 166.19 towns described under section 368.01, subdivision 1 or 1a, that 166.20 are in existence on January 1, 1985, and the provision of 166.21 reserve capacity sufficient to serve the reasonable needs of the 166.22 municipality for 20 years in the case of treatment works and 40 166.23 years in the case of sewer systems. For state grants under the 166.24 state independent grants program, the eligible cost does not 166.25 include the provision of service to seasonal homes, or cost 166.26 increases from contingencies that exceed three percent of as-bid 166.27 costs or cost increases from unanticipated site conditions that 166.28 exceed an additional two percent of as-bid costs; 166.29 (8) Authority means the Minnesota public facilities 166.30 authority established in section 446A.03. 166.31 Sec. 4. Minnesota Statutes 1998, section 116.182, 166.32 subdivision 1, is amended to read: 166.33 Subdivision 1. [DEFINITIONS.] (a) For the purposes of this 166.34 section, the terms defined in this subdivision have the meanings 166.35 given them. 166.36 (b) "Agency" means the pollution control agency. 167.1 (c) "Authority" means the public facilities authority 167.2 established in section 446A.03. 167.3 (d) "Commissioner" means the commissioner of the pollution 167.4 control agency. 167.5 (e) "Essential project components" means those components 167.6 of a wastewater disposal system that are necessary to convey or 167.7 treat a municipality's existing wastewater flows and loadings, 167.8 and future wastewater flows and loadings based on 50 percent of 167.9 the projected residential growth of the municipality for a 167.10 20-year period. 167.11 (f) "Municipality" means a county, home rule charter or 167.12 statutory city, town, the metropolitancouncilwaste control 167.13 commission, an Indian tribe or an authorized Indian tribal 167.14 organization; or any other governmental subdivision of the state 167.15 responsible by law for the prevention, control, and abatement of 167.16 water pollution in any area of the state. 167.17 (g) "Outstanding international resource value waters" are 167.18 the surface waters of the state in the Lake Superior Basin, 167.19 other than Class 7 waters and those waters designated as 167.20 outstanding resource value waters. 167.21 (h) "Outstanding resource value waters" are those that have 167.22 high water quality, wilderness characteristics, unique 167.23 scientific or ecological significance, exceptional recreation 167.24 value, or other special qualities that warrant special 167.25 protection. 167.26 Sec. 5. Minnesota Statutes 1999 Supplement, section 167.27 116.182, subdivision 3a, is amended to read: 167.28 Subd. 3a. [NOTIFICATION OF OTHER GOVERNMENT UNITS.] In 167.29 addition to other applicable statutes or rules that are required 167.30 to receive financial assistance consistent with this 167.31 subdivision, the commissioner may not approve or certify a 167.32 project to the public facilities authority for wastewater 167.33 financial assistance unless the following requirements are met: 167.34 (1) prior to the initiation of the public facilities 167.35 planning process for a new wastewater treatment system, the 167.36 project proposer gives written notice to all municipalities 168.1 within ten miles of the proposed project service area, including 168.2 the county in which the project is located, the office of 168.3 strategic and long-range planning, and the pollution control 168.4 agency. The notice shall state the proposer's intent to begin 168.5 the facilities planning process and provide a description of the 168.6 need for the proposed project. The notice also shall request a 168.7 response within 30 days of the notice date from all government 168.8 units who wish to receive and comment on the future facilities 168.9 plan for the proposed project; 168.10 (2) during development of the facility plan's analysis of 168.11 service alternatives, the project proposer must request 168.12 information from all municipalities and sanitary districts which 168.13 have existing systems that have current capacity to meet the 168.14 proposer's needs or can be upgraded to meet those needs. At a 168.15 minimum, the proposer must notify in writing those 168.16 municipalities and sanitary districts whose corporate limits or 168.17 boundaries are within three miles of the proposed project's 168.18 service area; 168.19 (3) 60 days prior to the municipality's public hearing on 168.20 the facilities plan, a copy of the draft facilities plan and 168.21 notice of the public hearing on the facilities plan must be 168.22 given to the local government units who previously expressed 168.23 interest in the proposed project under clause (1); 168.24 (4) for a proposed project located or proposed to be 168.25 located outside the corporate limits of a city, the affected 168.26 county has certified to the agency that the proposed project is 168.27 consistent with the applicable county comprehensive plan and 168.28 zoning and subdivision regulations; and 168.29 (5) copies of the notifications required under clauses (1) 168.30 and (2), as well as the certification from the county and a 168.31 summary of the comments received, must be included by the 168.32 municipality in the submission of its facilities plan to the 168.33 pollution control agency, along with other required items as 168.34 specified in the agency's rules. 168.35 This subdivision does not apply to the western Lake 168.36 Superior sanitary district or the metropolitancouncilwaste 169.1 control commission. 169.2 Sec. 6. Minnesota Statutes 1998, section 275.066, is 169.3 amended to read: 169.4 275.066 [SPECIAL TAXING DISTRICTS; DEFINITION.] 169.5 For the purposes of property taxation and property tax 169.6 state aids, the term "special taxing districts" includes the 169.7 following entities: 169.8 (1) watershed districts under chapter 103D; 169.9 (2) sanitary districts under sections 115.18 to 115.37; 169.10 (3) regional sanitary sewer districts under sections 115.61 169.11 to 115.67; 169.12 (4) regional public library districts under section 169.13 134.201; 169.14 (5) park districts under chapter 398; 169.15 (6) regional railroad authorities under chapter 398A; 169.16 (7) hospital districts under sections 447.31 to 447.38; 169.17 (8) St. Cloud metropolitan transit commission under 169.18 sections 458A.01 to 458A.15; 169.19 (9) Duluth transit authority under sections 458A.21 to 169.20 458A.37; 169.21 (10) regional development commissions under sections 169.22 462.381 to 462.398; 169.23 (11) housing and redevelopment authorities under sections 169.24 469.001 to 469.047; 169.25 (12) port authorities under sections 469.048 to 469.068; 169.26 (13) economic development authorities under sections 169.27 469.090 to 469.1081; 169.28 (14) metropolitancouncilwaste control commission under 169.29 sections 473.123 to 473.549; 169.30 (15) metropolitan airports commission under sections 169.31 473.601 to 473.680; 169.32 (16) metropolitan mosquito control commission under 169.33 sections 473.701 to 473.716; 169.34 (17) Morrison county rural development financing authority 169.35 under Laws 1982, chapter 437, section 1; 169.36 (18) Croft Historical Park District under Laws 1984, 170.1 chapter 502, article 13, section 6; 170.2 (19) East Lake county medical clinic district under Laws 170.3 1989, chapter 211, sections 1 to 6; 170.4 (20) Floodwood area ambulance district under Laws 1993, 170.5 chapter 375, article 5, section 39; and 170.6 (21) any other political subdivision of the state of 170.7 Minnesota, excluding counties, school districts, cities, and 170.8 towns, that has the power to adopt and certify a property tax 170.9 levy to the county auditor, as determined by the commissioner of 170.10 revenue. 170.11 Sec. 7. Minnesota Statutes 1998, section 352.04, 170.12 subdivision 6, is amended to read: 170.13 Subd. 6. [QUASI-STATE AGENCIES; EMPLOYER CONTRIBUTIONS.] 170.14 For those of their employees who are covered by the system, the 170.15 state horticultural society, the Disabled American Veterans, 170.16 Department of Minnesota, Veterans of Foreign Wars, Department of 170.17 Minnesota, the Minnesota crop improvement association, the 170.18 Minnesota historical society, the armory building commission, 170.19 the Minnesota safety council, the metropolitancouncil and any170.20of its statutory boardswaste control commission, the employer 170.21 of persons described in section 352.01, subdivision 2a, 170.22 paragraph (a), clause (15), and any other agency employing 170.23 employees covered by this system, respectively, shall also pay 170.24 into the retirement fund the amount required by subdivision 3. 170.25 Sec. 8. Minnesota Statutes 1998, section 352D.02, 170.26 subdivision 1, is amended to read: 170.27 Subdivision 1. [COVERAGE.] (a) Employees enumerated in 170.28 paragraph (c), clauses (2), (3), (4), and (6) to (15), if they 170.29 are in the unclassified service of the state or 170.30 metropolitancouncilwaste control commission and are eligible 170.31 for coverage under the general state employees retirement plan 170.32 under chapter 352, are participants in the unclassified program 170.33 under this chapter unless the employee gives notice to the 170.34 executive director of the Minnesota state retirement system 170.35 within one year following the commencement of employment in the 170.36 unclassified service that the employee desires coverage under 171.1 the general state employees retirement plan. For the purposes 171.2 of this chapter, an employee who does not file notice with the 171.3 executive director is deemed to have exercised the option to 171.4 participate in the unclassified plan. 171.5 (b) Persons referenced in paragraph (c), clauses (1) and 171.6 (5), are participants in the unclassified program under this 171.7 chapter unless the person is eligible to elect different 171.8 coverage under section 3A.07 or 352C.011 and, after July 1, 171.9 1998, elects retirement coverage by the applicable alternative 171.10 retirement plan. 171.11 (c) Enumerated employees and referenced persons are: 171.12 (1) the governor, the lieutenant governor, the secretary of 171.13 state, the state auditor, the state treasurer, and the attorney 171.14 general; 171.15 (2) an employee in the office of the governor, lieutenant 171.16 governor, secretary of state, state auditor, state treasurer, 171.17 attorney general; 171.18 (3) an employee of the state board of investment; 171.19 (4) the head of a department, division, or agency created 171.20 by statute in the unclassified service, an acting department 171.21 head subsequently appointed to the position, or an employee 171.22 enumerated in section 15A.0815 or 15A.083, subdivision 4; 171.23 (5) a member of the legislature; 171.24 (6) a permanent, full-time unclassified employee of the 171.25 legislature or a commission or agency of the legislature or a 171.26 temporary legislative employee having shares in the supplemental 171.27 retirement fund as a result of former employment covered by this 171.28 chapter, whether or not eligible for coverage under the 171.29 Minnesota state retirement system; 171.30 (7) a person who is employed in a position established 171.31 under section 43A.08, subdivision 1, clause (3), or in a 171.32 position authorized under a statute creating or establishing a 171.33 department or agency of the state, which is at the deputy or 171.34 assistant head of department or agency or director level; 171.35 (8) theregionalchief administrator,or executive director171.36of the metropolitan council,general counsel, division 172.1 directors,operationsmanagers, and other positions as 172.2 designated by thecouncilmetropolitan waste control commission, 172.3 all of which may not exceed27nine positions at thecouncil and172.4the chaircommission, provided that upon initial designation of 172.5 all positions provided for in this clause, no further 172.6 designations or redesignations may be made without approval of 172.7 the board of directors of the Minnesota state retirement system; 172.8 (9) the executive director, associate executive director, 172.9 and not to exceed nine positions of the higher education 172.10 services office in the unclassified service, as designated by 172.11 the higher education services office before January 1, 1992, or 172.12 subsequently redesignated with the approval of the board of 172.13 directors of the Minnesota state retirement system, unless the 172.14 person has elected coverage by the individual retirement account 172.15 plan under chapter 354B; 172.16 (10) the clerk of the appellate courts appointed under 172.17 article VI, section 2, of the Constitution of the state of 172.18 Minnesota; 172.19 (11) the chief executive officers of correctional 172.20 facilities operated by the department of corrections and of 172.21 hospitals and nursing homes operated by the department of human 172.22 services; 172.23 (12) an employee whose principal employment is at the state 172.24 ceremonial house; 172.25 (13) an employee of the Minnesota educational computing 172.26 corporation; 172.27 (14) an employee of the world trade center board; and 172.28 (15) an employee of the state lottery board who is covered 172.29 by the managerial plan established under section 43A.18, 172.30 subdivision 3. 172.31 Sec. 9. Minnesota Statutes 1998, section 422A.01, 172.32 subdivision 9, is amended to read: 172.33 Subd. 9. "Public corporation" includes metropolitan 172.34 airports commission, metropolitancouncilwaste control 172.35 commission and municipal employees retirement fund. 172.36 Sec. 10. Minnesota Statutes 1998, section 422A.101, 173.1 subdivision 2a, is amended to read: 173.2 Subd. 2a. [CONTRIBUTIONS BY METROPOLITAN AIRPORTS 173.3 COMMISSION AND METROPOLITANCOUNCILWASTE CONTROL COMMISSION.] 173.4 The metropolitan airports commission and the 173.5 metropolitancouncilwaste control commission shall pay to the 173.6 Minneapolis employees retirement fund annually in installments 173.7 as specified in subdivision 3 the share of the additional 173.8 support rate required for full amortization of the unfunded 173.9 actuarial accrued liabilities by June 30, 2020, that is 173.10 attributable to employees of the airports commission orformer173.11 metropolitan waste control commission who are members of the 173.12 fund. The amount of the payment shall be determined as if the 173.13airport commission and metropolitan council'scommission's 173.14 employer contributions determined under subdivision 2 had also 173.15 included a proportionate share of a $1,000,000 annual employer 173.16 amortization contribution. The amount of this $1,000,000 annual 173.17 employer amortization contribution that would have been 173.18 allocated to thecommission or councilcommissions would have 173.19 been based on the share of the fund's unfunded actuarial accrued 173.20 liability attributed to thecommission or councilcommissions 173.21 compared to the total unfunded actuarial accrued liability 173.22 attributed to all employers under subdivisions 1a and 2. The 173.23 determinations required under this subdivision must be based on 173.24 the most recent actuarial valuation prepared by the actuary 173.25 retained by the legislative commission on pensions and 173.26 retirement. 173.27 Sec. 11. Minnesota Statutes 1998, section 471.591, 173.28 subdivision 1, is amended to read: 173.29 Subdivision 1. [EARLY JOINT MEETING.] In the beginning 173.30 stage of the planning process, and before preparation of any 173.31 detailed technical plans for the extension of municipal services 173.32 into an unincorporated area, a city shall meet at least once 173.33 with the town board of the affected area and the county planning 173.34 commission, in joint session, to review the plans and consider 173.35 the comments of the town board and the county planning 173.36 commission. The city may thereafter proceed to undertake the 174.1 proposed extension in accordance with applicable law. Any duly 174.2 organized sewer district or sanitary district created pursuant 174.3 to special law or pursuant to chapter 115or, 116A,sections174.4473.501 to 473.549,or 473, or section 103F.801 is not affected 174.5 by this section. 174.6 Sec. 12. Minnesota Statutes 1998, section 473.121, 174.7 subdivision 5a, is amended to read: 174.8 Subd. 5a. [METROPOLITAN AGENCY.] "Metropolitan agency" 174.9 means the metropolitan waste control commission, metropolitan 174.10 parks and open space commission, metropolitan airports 174.11 commission, and metropolitan sports facilities commission. 174.12 Sec. 13. Minnesota Statutes 1998, section 473.121, 174.13 subdivision 24, is amended to read: 174.14 Subd. 24. [METROPOLITAN DISPOSAL SYSTEM.] "Metropolitan 174.15 disposal system" means any or all of the interceptors or 174.16 treatment works owned or operated by the metropolitancouncil174.17 waste control commission. 174.18 Sec. 14. Minnesota Statutes 1998, section 473.157, is 174.19 amended to read: 174.20 473.157 [WATER RESOURCES PLAN.] 174.21 To help achieve federal and state water quality standards, 174.22 provide effective water pollution control, and help reduce 174.23 unnecessary investments in advanced wastewater treatment, the 174.24councilcommission shall adopt a water resources plan that 174.25 includes management objectives and target pollution loads for 174.26 watersheds in the metropolitan area. Thecouncilcommission 174.27 shall recommend to the board of water and soil resources 174.28 performance standards for watershed plans in the metropolitan 174.29 area, including standards relating to the timing of plan 174.30 revisions and proper water quality management. 174.31 Sec. 15. [473.5025] [METROPOLITAN WASTE CONTROL 174.32 COMMISSION.] 174.33 Subdivision 1. [CREATION.] The metropolitan waste control 174.34 commission is established as a public corporation and political 174.35 subdivision of the state. It is under the supervision and 174.36 control of 11 members, all of whom must be residents of the 175.1 metropolitan area. 175.2 Subd. 2. [MEMBERSHIP; QUALIFICATIONS.] (a) The governor 175.3 shall appoint eight members on a nonpartisan basis from 175.4 districts defined by this section. Each commission member 175.5 appointed under this paragraph must reside in the commission 175.6 district represented. Each commission district must be 175.7 represented by one member of the commission. 175.8 (b) The governor shall appoint two members who represent 175.9 organized labor to serve at large. 175.10 (c) A commission member shall not hold any other appointed 175.11 or elected public office while serving as a member of the 175.12 commission. A commission member shall not be an employee of the 175.13 commission or an official or employee of a labor organization 175.14 that negotiates a collective bargaining agreement with the 175.15 commission. Members of the commission must be appointed to 175.16 reflect fairly the various demographic, political, and other 175.17 interests in the metropolitan area and the districts. Each 175.18 member shall qualify by taking and subscribing the oath of 175.19 office prescribed by the Minnesota Constitution, article V, 175.20 section 6. The oath, certified by the administering official, 175.21 must be filed with the secretary of state. 175.22 Subd. 3. [DISTRICTS.] The metropolitan waste control 175.23 commission district boundaries are as follows: 175.24 (1) The first commission district consists of that portion 175.25 of Hennepin county consisting of the cities of Champlin, 175.26 Corcoran, Dayton, Greenfield, Independence, Loretto, Maple 175.27 Grove, Maple Plain, Medicine Lake, Medina, Minnetrista, Mound, 175.28 Osseo, Plymouth, Rockford, Rogers, and St. Bonifacius, and the 175.29 town of Hassan, and the cities of Brooklyn Center, Brooklyn 175.30 Park, Crystal, New Hope, and Robbinsdale. 175.31 (2) The second commission district consists of that portion 175.32 of Hennepin county consisting of the cities of Deephaven, Edina, 175.33 Excelsior, Greenwood, Hopkins, Long Lake, Minnetonka, Minnetonka 175.34 Beach, Orono, Shorewood, Spring Park, Tonka Bay, Wayzata, 175.35 Woodland, Carver county, that portion of Dakota county 175.36 consisting of the city of Lakeville, that portion of Hennepin 176.1 county consisting of the cities of Chanhassen and Eden Prairie, 176.2 and that portion of Scott county in the metropolitan area not 176.3 included in the third commission district. 176.4 (3) The third commission district consists of that portion 176.5 of Hennepin county consisting of the cities of Bloomington and 176.6 Richfield and the unorganized territory of Fort Snelling, and 176.7 that portion of Scott county consisting of the cities of Savage 176.8 and Shakopee, and that portion of Hennepin county consisting of 176.9 the cities of Golden Valley and St. Louis Park and that portion 176.10 of the city of Minneapolis lying west and south of a line 176.11 described as follows: commencing at the intersection of the 176.12 southern boundary of the city of Minneapolis and Interstate 176.13 Highway 35W, northerly along Interstate Highway 35W to Minnehaha 176.14 Parkway, northeasterly along Minnehaha Parkway to 50th Street 176.15 E., westerly along 50th Street E. to Stevens Avenue S., 176.16 northerly along Stevens Avenue S. to 46th Street E., westerly 176.17 along 46th Street E. to Nicollet Avenue S., northerly along 176.18 Nicollet Avenue S. to 36th Street W., westerly along 36th Street 176.19 W. to Blaisdell Avenue S., northerly along Blaisdell Avenue S. 176.20 to 34th Street W., westerly along 34th Street W. to Grand Avenue 176.21 S., northerly along Grand Avenue S. to 32nd Street W., westerly 176.22 along 32nd Street W. to Harriet Avenue S., northerly along 176.23 Harriet Avenue S. to 31st Street W., westerly along 31st Street 176.24 W. to Garfield Avenue S., northerly along Garfield Avenue S. to 176.25 Lake Street W., westerly along Lake Street W. to Lyndale Avenue 176.26 S., northerly along Lyndale Avenue S. to the Burlington Northern 176.27 Railroad tracks, westerly along the northern branch of the 176.28 Burlington Northern Railroad tracks to Glenwood Avenue N., 176.29 westerly along Glenwood Avenue N. to the western boundary of the 176.30 city of Minneapolis. 176.31 (4) The fourth commission district consists of that portion 176.32 of the city of Minneapolis not included in the third commission 176.33 district. 176.34 (5) The fifth commission district consists of Anoka county, 176.35 that portion of Ramsey county consisting of the cities of Blaine 176.36 and Spring Lake Park, that portion of Hennepin county consisting 177.1 of the city of St. Anthony, and that portion of Ramsey county 177.2 consisting of the cities of Mounds View, New Brighton, and St. 177.3 Anthony. 177.4 (6) The sixth commission district consists of that portion 177.5 of Ramsey county consisting of the cities of Arden Hills, Gem 177.6 Lake, Little Canada, North Oaks, Roseville, Shoreview, Vadnais 177.7 Heights, and White Bear Lake and the town of White Bear, the 177.8 city of Maplewood, Washington county, and that portion of Ramsey 177.9 county consisting of the city of North St. Paul. 177.10 (7) The seventh commission district consists of that 177.11 portion of Ramsey county consisting of the cities of St. Paul, 177.12 Falcon Heights, and Lauderdale. 177.13 (8) The eighth commission district consists of that portion 177.14 of Dakota county not included in the second commission district, 177.15 and that portion of Washington county consisting of the cities 177.16 of Cottage Grove, Hastings, and St. Paul Park, and the towns of 177.17 Denmark and Grey Cloud Island. 177.18 Subd. 4. [REDISTRICTING.] The legislature shall redraw the 177.19 boundaries of the waste control commission districts after each 177.20 decennial federal census so that each district has substantially 177.21 equal population. Redistricting is effective in the year ending 177.22 in the numeral "3." Within 60 days after a redistricting plan 177.23 takes effect, members must be appointed from the newly drawn 177.24 districts to serve terms as provided in this section. 177.25 Subd. 5. [TERMS.] (a) Following the redistricting of 177.26 commission districts as provided in subdivision 4, the governor 177.27 shall appoint a commission member from each of the newly drawn 177.28 commission districts. The terms of members are as follows: 177.29 members representing districts A, C, E, and G, for terms ending 177.30 the first Monday in January of the year ending in the numeral 177.31 "7"; and members representing districts B, D, F, and H, for 177.32 terms ending the first Monday in January of the year ending in 177.33 the numeral "5." Thereafter, the term of each member is four 177.34 years, with terms ending the first Monday in January, except 177.35 that all terms expire on the effective date of the next 177.36 redistricting of metropolitan council districts. 178.1 (b) The at-large members shall serve four-year terms, with 178.2 terms ending the first Monday in January, except that in making 178.3 the first appointments after the creation of the commission, the 178.4 governor shall appoint one of the two at-large members to serve 178.5 a two-year term. 178.6 (c) A commission member shall continue to serve until a 178.7 successor is appointed and qualified. Following each 178.8 redistricting, a member representing the district shall continue 178.9 to serve at large until the governor appoints the eight 178.10 commission members representing districts, one from each of the 178.11 newly drawn commission districts to serve terms as provided in 178.12 this section. The appointment to the commission must be made by 178.13 the first Monday in April of the year in which the term ends. 178.14 Subd. 6. [NOTICE.] In addition to the notice required by 178.15 section 15.0597, subdivision 4, notice of vacancies and 178.16 expiration of terms must be published in newspapers of general 178.17 circulation in the metropolitan area and the appropriate 178.18 districts. The governing bodies of the statutory and home rule 178.19 charter cities, counties, and towns that are provided service by 178.20 the commission and have territory in the district for which a 178.21 member is to be appointed must be notified in writing. The 178.22 notices must describe the appointment process and invite 178.23 participation and recommendations on the appointment. 178.24 Subd. 7. [NOMINATING COMMITTEE.] The governor shall create 178.25 a nominating committee, composed of seven metropolitan citizens 178.26 appointed by the governor, to nominate persons for appointment 178.27 to the commission. Three of the committee members must be local 178.28 elected officials and at least one must be a representative of a 178.29 labor organization that has members employed by the commission. 178.30 Following the submission of applications as provided under 178.31 section 15.0597, subdivision 5, the nominating committee shall 178.32 conduct public meetings, after appropriate notice, to accept 178.33 statements from or on behalf of persons who have applied or been 178.34 nominated for appointment and to allow consultation with and 178.35 secure the advice of the public and local elected officials. 178.36 For consideration of candidates from a district, the committee 179.1 shall hold the meeting on each appointment in the district or in 179.2 a reasonably convenient and accessible location in the part of 179.3 the metropolitan area in which the district is located. 179.4 Following the meetings, the committee shall submit to the 179.5 governor a list of nominees for each appointment. The nominees 179.6 for the at-large positions must be representatives of organized 179.7 labor. The governor is not required to appoint from the list. 179.8 Subd. 8. [CONSULT WITH LEGISLATURE; ADVICE AND CONSENT.] 179.9 Before making an appointment, the governor shall consult with 179.10 all members of the legislature from the commission district for 179.11 which the member is to be appointed. Appointments to the 179.12 commission are subject to the advice and consent of the senate 179.13 as provided in section 15.066. 179.14 Subd. 9. [CHAIR; OTHER OFFICERS; DUTIES.] (a) The chair of 179.15 the metropolitan waste control commission shall be appointed by 179.16 the governor as the eleventh voting member. The appointment is 179.17 subject to the advice and consent of the senate as provided by 179.18 section 15.066. The chair serves at the pleasure of the 179.19 governor to represent the metropolitan area at large. 179.20 The chair of the commission shall, if present, preside at 179.21 meetings of the commission, have the primary responsibility for 179.22 meeting with local elected officials, serve as the principal 179.23 liaison to the office of strategic and long-range planning and 179.24 the legislature, serve as the principal spokesperson of the 179.25 commission, and perform other duties assigned by the commission 179.26 or by law. 179.27 (b) The commission shall elect other officers as it deems 179.28 necessary for the conduct of its affairs for a one-year term. A 179.29 secretary and treasurer need not be members of the commission. 179.30 Meeting times and places shall be fixed by the commission and 179.31 special meetings may be called by a majority of the members of 179.32 the commission or by the chair. 179.33 Subd. 10. [REMOVAL; VACANCIES.] A member, other than the 179.34 chair, may be removed by the governor before the end of the 179.35 member's term only for cause after notice and a public hearing. 179.36 If the office of any member becomes vacant, the vacancy shall be 180.1 filled in the same manner as a regular appointment. An office 180.2 is vacant under the conditions described in section 351.02. 180.3 Subd. 11. [COMPENSATION.] The chair and each commission 180.4 member shall be paid $55 for each day when the chair or member 180.5 attends one or more meetings or provides other services, as 180.6 authorized by the commission, and shall be reimbursed for actual 180.7 and necessary expenses. The annual budget of the commission 180.8 shall provide as a separate account anticipated expenditures for 180.9 compensation, travel, and associated expenses for the chair and 180.10 members, and compensation or reimbursement shall be made to the 180.11 chair and members only when budgeted. 180.12 Subd. 12. [OPERATING PROCEDURES; REGULAR AND SPECIAL 180.13 MEETINGS.] The commission shall adopt by resolution bylaws and 180.14 administrative policies establishing rules and procedures 180.15 governing the commission's operations and functions, including 180.16 commission meetings and action, keeping records, approving 180.17 claims, authorizing and making disbursements, authorizing 180.18 contracts, safekeeping funds, and auditing of all financial 180.19 operations of the commission. The commission shall meet 180.20 regularly at least once each month at a time and place as the 180.21 commission shall designate by resolution. Procedures for 180.22 calling special meetings shall be established in the 180.23 commission's bylaws. Unless a super majority is required by 180.24 other law or the commission's bylaws, any action within the 180.25 authority of the commission may be taken by the affirmative vote 180.26 of a majority of the members present and qualified to vote if 180.27 there is a quorum. A majority of all of the members of the 180.28 commission shall constitute a quorum, but a lesser number may 180.29 meet and adjourn from time to time and compel the attendance of 180.30 absent members. 180.31 Subd. 13. [CHIEF ADMINISTRATOR.] The chair of the 180.32 commission shall, subject to the approval of the commission, 180.33 appoint a chief administrator who shall be chosen solely on the 180.34 basis of training, experience, and other qualifications and who 180.35 shall serve at the pleasure of the commission. The chief 180.36 administrator shall attend all meetings of the commission, but 181.1 shall not vote, and shall: 181.2 (1) see that all resolutions, rules, or orders of the 181.3 commission are enforced; 181.4 (2) appoint and remove, subject to the provisions of the 181.5 personnel policy adopted by the commission, upon the basis of 181.6 merit and fitness, all subordinate officers and regular 181.7 employees of the commission; 181.8 (3) present to the commission plans, studies, and reports 181.9 prepared for commission purposes and recommend to the commission 181.10 for adoption such measures as the administrator deems necessary 181.11 to enforce or carry out the powers and duties of the commission 181.12 or to the efficient administration of the affairs of the 181.13 commission; 181.14 (4) keep the commission fully advised as to its financial 181.15 condition and prepare and submit to the commission its annual 181.16 budget and other financial information it may request; 181.17 (5) recommend to the commission for adoption rules that the 181.18 administrator deems necessary for the efficient operation of the 181.19 commission's functions; and 181.20 (6) perform other duties prescribed by the commission. 181.21 Subd. 14. [PERSONNEL POLICY.] The commission shall adopt 181.22 by resolution a personnel policy relating to the terms and 181.23 conditions of employment of employees of the commission 181.24 including a compensation and classification plan. The personnel 181.25 policy must be consistent with the terms of the collective 181.26 bargaining agreements in effect between the commission and the 181.27 unions representing employees of the commission. Employees of 181.28 the commission are public employees. 181.29 Sec. 16. Minnesota Statutes 1998, section 473.504, is 181.30 amended to read: 181.31 473.504 [WASTE WATER SERVICES, POWERS.] 181.32 Subd. 1a. [GENERAL POWERS.] The metropolitan waste control 181.33 commission shall have and exercise all powers which may be 181.34 necessary or convenient to enable it to perform and carry out 181.35 the duties and responsibilities imposed upon it by law. These 181.36 powers include the specific powers enumerated in this section. 182.1 Subd. 1b. [ADVISORY COMMITTEES.] The commission may 182.2 establish and appoint persons to advisory committees to assist 182.3 the commission in the performance of its duties. Members of the 182.4 advisory committees shall serve without compensation but shall 182.5 be reimbursed for their reasonable expenses as determined by the 182.6 commission. 182.7 Subd. 1c. [CONSULTING CONTRACTS.] The commission may enter 182.8 into any contract necessary or proper for the exercise of its 182.9 powers and duties including contracts for the services of 182.10 consultants who perform engineering, legal, or services of a 182.11 professional nature. Such professional services contracts shall 182.12 not be subject to the requirements of any law relating to public 182.13 bidding. 182.14 Subd. 2a. [EMPLOYEE HEALTH AND WELLNESS.] The commission 182.15 may provide a program for health and wellness services for 182.16 commission employees and provide necessary staff, funds, 182.17 equipment, and facilities. 182.18 Subd. 4. [RULES, PENALTIES.] Thecouncil shall have the182.19power tocommission may adopt rules relating to the operation of 182.20 any interceptors or treatment works operated by it, and may 182.21 provide penalties for the violation thereof not exceeding the 182.22 maximum which may be specified for a misdemeanor. Any rule 182.23 prescribing a penalty for violation shall be published at least 182.24 once in a newspaper having general circulation in the 182.25 metropolitan area. 182.26 Subd. 5. [GIFTS, GRANTS, LOANS.] Thecouncilcommission 182.27 may accept gifts, may apply for and accept grants or loans of 182.28 money or other property from the United States, the state, or 182.29 any person for any of its purposes, including any grant 182.30 available under the federal Water Pollution Act amendments of 182.31 1972, whether for construction, research or pilot project 182.32 implementation, may enter into any agreement required in 182.33 connection therewith, and may hold, use, and dispose of such 182.34 money or property in accordance with the terms of the gift, 182.35 grant, loan or agreement relating thereto. Thecouncil182.36 commission has all powers necessary to comply with the federal 183.1 Water Pollution Control Act amendments of 1972 and any grant 183.2 offered to it thereunder including, but not limited to, the 183.3 power to enter into such contracts with, or to impose such 183.4 charges upon, persons using the metropolitan disposal system as 183.5 it shall determine to be necessary for the recovery of treatment 183.6 works and interceptor costs paid with federal grant funds. 183.7 Insofar as possible these costs shall be recovered by local 183.8 government units on behalf of thecouncilcommission. 183.9 Subd. 6. [JOINT OR COOPERATIVE ACTION.] Thecouncil183.10 commission may act under the provisions of section 471.59, or 183.11 any other appropriate law providing for joint or cooperative 183.12 action between government units. 183.13 Subd. 9. [MAY GET PROPERTY.] Thecouncilcommission may 183.14 acquire by purchase, lease, condemnation, gift, or grant, any 183.15 real or personal property including positive and negative 183.16 easements and water and air rights, and it may construct, 183.17 enlarge, improve, replace, repair, maintain, and operate any 183.18 interceptor or treatment works determined to be necessary or 183.19 convenient for the collection and disposal of sewage in the 183.20 metropolitan area. Any local government unit and the 183.21 commissioners of transportation and natural resources are 183.22 authorized to convey to or permit the use of any such facilities 183.23 owned or controlled by it by thecouncilcommission, subject to 183.24 the rights of the holders of any bonds issued with respect 183.25 thereto, with or without compensation, without an election or 183.26 approval by any other government agency. All powers conferred 183.27 by this subdivision may be exercised both within or without the 183.28 metropolitan area as may be necessary for the exercise by 183.29 thecouncilcommission of its powers or the accomplishment of 183.30 its purposes. Thecouncilcommission may hold such property for 183.31 its purposes, and may lease any such property so far as not 183.32 needed for its purposes, upon such terms and in such manner as 183.33 it shall deem advisable. Unless otherwise provided, the right 183.34 to acquire lands and property rights by condemnation shall be 183.35 exercised in accordance with chapter 117, and shall apply to any 183.36 property or interest therein owned by any local government unit; 184.1 provided, that no such property devoted to an actual public use 184.2 at the time, or held to be devoted to such use within a 184.3 reasonable time, shall be so acquired unless a court of 184.4 competent jurisdiction shall determine that the use proposed by 184.5 the board is paramount to such use. Except in case of property 184.6 in actual public use, thecouncilcommission may take possession 184.7 of any property for which condemnation proceedings have been 184.8 commenced at any time after the issuance of a court order 184.9 appointing commissioners for its condemnation. 184.10 Subd. 10. [NONFRANCHISENO FRANCHISE REQUIRED.] The 184.11councilcommission may construct or maintain its systems or 184.12 facilities in, along, on, under, over, or through public 184.13 streets, bridges, viaducts, and other public rights of way 184.14 without first obtaining a franchise from any local government 184.15 unit having jurisdiction over them; but such facilities shall be 184.16 constructed and maintained in accordance with the ordinances and 184.17 resolutions of any such government unit relating to 184.18 construction, installation, and maintenance of similar 184.19 facilities in such public properties and shall not obstruct the 184.20 public use of such rights-of-way. 184.21 Subd. 11. [SURPLUS PROPERTY.] Thecouncilcommission may 184.22 sell or otherwise dispose of any real or personal property 184.23 acquired by it which is no longer required for accomplishment of 184.24 its purposes. Such property may be sold in the manner provided 184.25 by section 469.065, insofar as practical. Thecouncil184.26 commission may give such notice of sale as it shall deem 184.27 appropriate. When thecouncilcommission determines that any 184.28 property or any interceptor or treatment works or any part 184.29 thereof which has been acquired from a local government unit 184.30 without compensation is no longer required, but is required as a 184.31 local facility by the government unit from which it was 184.32 acquired, thecouncilcommission may by resolution transfer it 184.33 to such government unit. 184.34 Subd. 12. [PACTS WITH OTHER GOVERNMENTS.] Thecouncil184.35 commission may contract with the United States or any agency 184.36 thereof, any state or agency thereof, or any local government 185.1 unit or governmental agency or subdivision, for the joint use of 185.2 any facility owned by thecouncilcommission or such entity, for 185.3 the operation by such entity of any system or facility of 185.4 thecouncilcommission, or for the performance on thecouncil's185.5 commission's behalf of any service, on such terms as may be 185.6 agreed upon by the contracting parties. 185.7 Subd. 13. [SUIT.] The commission may sue and be sued. 185.8 Subd. 14. [RESEARCH; HEARINGS; INVESTIGATION; ADVICE.] The 185.9 commission may conduct research studies and programs; collect 185.10 and analyze data; prepare reports, maps, charts, and tables; and 185.11 conduct necessary hearings and investigations in connection with 185.12 the design, construction, and operation of the metropolitan 185.13 disposal system. The commission may advise other governmental 185.14 units on system planning matters within the scope of its duties, 185.15 powers, and objectives. 185.16 Sec. 17. [473.5043] [LIMITS ON PRIVATIZATION.] 185.17 The commission shall not enter into any agreement with 185.18 another entity for the operation and maintenance of the 185.19 metropolitan disposal system unless the commission does not have 185.20 and cannot hire employees to perform the work needed. 185.21 Sec. 18. [473.5045] [IMPLEMENTATION PLAN.] 185.22 Subdivision 1. [REQUIREMENT; PURPOSE.] The commission 185.23 shall adopt an implementation plan meeting the requirements of 185.24 this section. The implementation plan must implement and 185.25 effectuate the policy plan adopted by the office of strategic 185.26 and long-range planning under section 473.146. The 185.27 implementation plan must cover the period or periods prescribed 185.28 in the office's policy plan. 185.29 Subd. 2. [CONTENT.] The implementation plan must include 185.30 the following: 185.31 (1) a statement of objectives and priorities for capital 185.32 development, services, and system management; 185.33 (2) a statement of commission plans to achieve the 185.34 objectives, describing the functions, services, and systems that 185.35 will be provided by or under the direction or auspices of the 185.36 commission; 186.1 (3) a statement of how the commission's objectives, 186.2 priorities, and plans will implement and effectuate the office's 186.3 policy plan; 186.4 (4) a statement of the fiscal implications of the 186.5 commission's plan including a statement of: 186.6 (i) the anticipated expenditure of public and private funds 186.7 for capital developments, services, and system administration 186.8 and management, and the changes in expenditure levels that the 186.9 plan represents; 186.10 (ii) the resources available under existing fiscal policy 186.11 and additional resources, if any, that are or may be required to 186.12 effectuate the commission's plan; 186.13 (iii) any changes in agency policy on regional sources of 186.14 revenue and changes in levels of debt, user charges, and taxes; 186.15 (iv) other changes in existing fiscal policy, on regional 186.16 revenues and intergovernmental aids respectively, that are 186.17 expected or that the commission has recommended or may 186.18 recommend; and 186.19 (v) the effect on functions and levels and types of 186.20 services, and the commission's contingency and cost-containment 186.21 strategies, if the additional resources required to effectuate 186.22 the commission's plan do not become available; 186.23 (5) a statement of the standards, criteria, and procedures 186.24 that the commission will use in monitoring and evaluating the 186.25 results of the implementation plan; 186.26 (6) a statement of the effect of the plan on the 186.27 responsibilities of other governmental units; 186.28 (7) the services and systems management component required 186.29 by subdivision 3 and the capital investment component required 186.30 by subdivision 4; and 186.31 (8) other information that the office or commission deems 186.32 appropriate. 186.33 Subd. 3. [SERVICES AND SYSTEMS MANAGEMENT.] The plan must 186.34 include a services and systems management component that 186.35 describes the levels and costs of services that will be provided 186.36 to service areas and populations within the metropolitan area. 187.1 The component must describe: 187.2 (1) service needs, objectives, and priorities; 187.3 (2) changes in existing services; 187.4 (3) deployment of new services; 187.5 (4) distribution and coordination of services; 187.6 (5) timing, priority, and location, with maps, of service 187.7 areas, facilities, levels of service, and similar matters; 187.8 (6) delivery methods and providers; 187.9 (7) system management and administration; 187.10 (8) costs; 187.11 (9) manner of finance and revenue sources, including 187.12 federal and state funds, private funds, taxes, and user charges; 187.13 and 187.14 (10) fiscal effects. 187.15 Subd. 4. [CAPITAL INVESTMENT.] The plan must include a 187.16 capital investment component that sets forth a capital 187.17 investment strategy and estimates the fiscal and other effects 187.18 of the strategy. The component must specify, to the extent 187.19 practicable, the capital improvements to be undertaken. For 187.20 each improvement specified, the plan must describe: 187.21 (1) need, function, objective, and relative priority; 187.22 (2) alternatives, including alternatives not involving 187.23 capital expenditures; 187.24 (3) location and schedule of development; 187.25 (4) environmental, social, and economic effects; 187.26 (5) costs; 187.27 (6) manner of finance and revenue sources, including 187.28 federal and state funds, private funds, taxes, and user charges; 187.29 and 187.30 (7) fiscal effects, including an estimate of annual 187.31 operating costs and sources of revenue to pay the costs. 187.32 Subd. 5. [PROCEDURE; REVIEW AND APPROVAL BY OFFICE.] The 187.33 commission must submit the implementation plan to the office of 187.34 strategic and long-range planning for review at the time or 187.35 times stated in the policy plan. The commission shall hold a 187.36 public hearing on the plan before submitting it to the office 188.1 and shall transmit a report of the hearing to the office along 188.2 with the plan. The office shall complete its review within 90 188.3 days after receipt of the proposed implementation plan. In the 188.4 course of its review of the implementation plan, the office 188.5 shall publish an analysis and evaluation of the success of the 188.6 commission in effectuating the office's policy plan. If the 188.7 office determines that the implementation plan is consistent 188.8 with the policy plan, it shall approve the plan as submitted. 188.9 If the office determines that the implementation plan or part of 188.10 it is inconsistent with the policy plan, it shall disapprove it 188.11 and require the commission to make revisions in the 188.12 implementation plan necessary to bring it into conformance with 188.13 the policy plan. The commission shall make the revisions 188.14 required by the office within 60 days, or a longer period agreed 188.15 to by the office, and resubmit the plan to the office for 188.16 review. If the commission does not make the revisions required 188.17 by the office in the time allowed, the office shall hold a 188.18 public hearing on the matter in dispute. At the hearing, the 188.19 office shall present its position on the required revisions, 188.20 shall allow the commission to present its objections to the 188.21 revisions, and shall allow all persons to present their views on 188.22 the matter. Following the hearing, the office shall prepare a 188.23 report on the hearing, including a summary of the disagreeing 188.24 positions of the office and the commission, and shall make a 188.25 final decision on the revision. If the office decides to 188.26 require revision, the office's decision shall contain specific 188.27 changes in the implementation plan. The changes contained in 188.28 the office's decision are binding on the commission and are part 188.29 of the implementation plan required to be adopted and 188.30 implemented by the commission under subdivision 7. 188.31 Subd. 6. [AMENDMENT.] At least biennially, the commission 188.32 shall review the implementation plan, make the revisions 188.33 necessary, and submit the plan to the office for its review as 188.34 provided in this section. 188.35 Subd. 7. [ADOPTION; EFFECT.] The commission shall adopt 188.36 and implement the implementation plan, with the revisions 189.1 required by the office, within 60 days of the office completing 189.2 its review and making a final decision on the proposed plan. 189.3 The activities of the commission, including its priorities and 189.4 timing, must be consistent with its approved and adopted 189.5 implementation plan or be specifically approved by the office. 189.6 The office may not approve any activity not in substantial 189.7 conformance with the appropriate policy plan. 189.8 Sec. 19. [473.5046] [COMMISSION BUDGET PREPARATION; REVIEW 189.9 AND APPROVAL.] 189.10 Subdivision 1. [REQUIREMENT.] The commission shall prepare 189.11 a proposed budget by August 1 of each year. The budget must be 189.12 consistent with and effectuate the implementation plan. The 189.13 budget must show for each year: 189.14 (1) the estimated operating revenues from all sources 189.15 including funds on hand at the beginning of the year and 189.16 estimated expenditures for costs of operation, administration, 189.17 maintenance, and debt service; 189.18 (2) capital improvement funds estimated to be on hand at 189.19 the beginning of the year and estimated to be received during 189.20 the year from all sources and estimated cost of capital 189.21 improvements to be paid out or expended during the year, all in 189.22 such detail and form as the office may prescribe; and 189.23 (3) the estimated source and use of pass-through funds. 189.24 Subd. 2. [PROCEDURE; APPROVAL OF OFFICE.] As early as 189.25 practicable before August 15 of each year, the commission shall 189.26 hold a public hearing on a draft of the proposed budget. Along 189.27 with the draft, the commission shall publish a report on user 189.28 charges. The report must include an estimate and analysis of 189.29 the changes in user charges, rates, and fees that will be 189.30 required by the commission's budget. Not less than 14 days 189.31 before the hearing, the commission shall publish notice of the 189.32 hearing in a newspaper having general circulation in the 189.33 metropolitan area, stating the date, time, and place of hearing, 189.34 and the place where the proposed budget and report on user 189.35 charges may be examined by any interested person. Following the 189.36 hearing, the commission shall publish a report of the hearing 190.1 that summarizes the comments received and the commission's 190.2 response. Those parts of the budget relating to revenues and 190.3 expenditures for capital improvements must be submitted to the 190.4 office by August 15 of each year for review and approval by the 190.5 office. The office shall act to approve or disapprove by 190.6 October 1 of each year. Before December 15 of each year, the 190.7 commission shall by resolution adopt a final budget. The 190.8 commission shall file its final budget with the office on or 190.9 before December 20 of each year. The office shall file the 190.10 budgets with the secretary of the senate and the clerk of the 190.11 house of representatives no later than January 1 of each year. 190.12 Subd. 3. [EFFECT.] Except in an emergency, for which 190.13 procedures must be established by the commission, the commission 190.14 and its officers, agents, and employees may not spend money for 190.15 any purpose, other than debt service, without an appropriation 190.16 by the commission, and no obligation to make such an expenditure 190.17 shall be enforceable except as the obligation of the person or 190.18 persons incurring it. The creation of any debt obligation or 190.19 the receipt of any federal or state grant is a sufficient 190.20 appropriation of the proceeds for the purpose for which it is 190.21 authorized, and of the tax or other revenues pledged to pay the 190.22 obligation and interest on it whether or not specifically 190.23 included in any annual budget. After obtaining approval of the 190.24 office required under subdivision 2, the commission may amend 190.25 the budget at any time by transferring any appropriation from 190.26 one purpose to another except appropriations of the proceeds of 190.27 bonds issued for a specific purpose. 190.28 Sec. 20. Minnesota Statutes 1998, section 473.505, is 190.29 amended to read: 190.30 473.505 [TOTAL WATERSHED MANAGEMENT.] 190.31 Themetropolitan councilcommission may enter into 190.32 agreements with other governmental bodies and agencies and spend 190.33 funds to implement total watershed management. "Total watershed 190.34 management" means identifying and quantifying at a watershed 190.35 level the (1) sources of pollution, both point and nonpoint, (2) 190.36 causes of conditions that may or may not be a result of 191.1 pollution, and (3) means of reducing pollution or alleviating 191.2 adverse conditions. The purpose of total watershed management 191.3 is to achieve the best water quality for waters of the state 191.4 receiving the effluent of the metropolitan disposal system for 191.5 the lowest total costs, without regard to who will incur those 191.6 costs. 191.7 Sec. 21. Minnesota Statutes 1998, section 473.511, is 191.8 amended to read: 191.9 473.511 [SEWER SERVICE FUNCTION.] 191.10 Subdivision 1. [DUTY OFCOUNCILCOMMISSION; ACQUISITION OF 191.11 EXISTING FACILITIES; NEW FACILITIES.] At any time after January 191.12 1, 1970, until July 1, 1994, the former metropolitan waste 191.13 control commission,andafter July 1, 1994, the council, and 191.14 after the effective date of this section, the commission shall 191.15 assume ownership of all existing interceptors and treatment 191.16 works which will be needed to implement thecouncil's191.17comprehensive plan for thecollection, treatment, and disposal 191.18 of sewage in the metropolitan area, in the manner and subject to 191.19 the conditions prescribed in subdivisions 2 and 4, and shall 191.20 thereafter acquire, construct, equip, operate and maintain all 191.21 additional interceptors and treatment works which will be needed 191.22 for such purpose. Thecouncilcommission shall assume ownership 191.23 of all treatment works owned by a local government unit if any 191.24 part of such treatment works will be needed for such purpose. 191.25 Subd. 2. [METHOD OF ACQUISITION; EXISTING DEBT.] The 191.26councilcommission may require any local government unit to 191.27 transfer to thecouncilcommission, all of its right, title, and 191.28 interest in any interceptors or treatment works and all 191.29 necessary appurtenances thereto owned by such local government 191.30 unit which will be needed for the purpose stated in subdivision 191.31 1. Appropriate instruments of conveyance for all such property 191.32 shall be executed and delivered to thecouncilcommission by the 191.33 proper officers of each local government unit concerned. All 191.34 persons regularly employed by a local government unit to operate 191.35 and maintain any treatment works so transferred to thecouncil191.36 commission, on the date on which the transfer becomes effective, 192.1 shall be employees of thecouncilcommission, in the same manner 192.2 and with the same options and rights as are reserved to 192.3 employees of sanitary districts and joint boards under 192.4 subdivision 3. Thecouncilcommission, upon assuming ownership 192.5 of any such interceptors or treatment works, shall become 192.6 obligated to pay to such local government unit amounts 192.7 sufficient to pay when due all remaining principal of and 192.8 interest on bonds issued by such local government unit for the 192.9 acquisition or betterment of the interceptors or treatment works 192.10 taken over. Such amounts may be offset against any amount to be 192.11 paid to thecouncilcommission by the local government unit as 192.12 provided in section 473.517. 192.13 Subd. 3. [EXISTING SANITARY DISTRICTS AND JOINT SEWER 192.14 BOARDS.] Effective January 1, 1971, the corporate existence of 192.15 the Minneapolis-St. Paul Sanitary District, the North Suburban 192.16 Sanitary Sewer District, and any joint board created by 192.17 agreement among local government units pursuant to section 192.18 471.59, to provide interceptors and treatment works for such 192.19 local government units, shall terminate. All persons regularly 192.20 employed by such sanitary districts and joint boards on that 192.21 date or on any earlier date on which the former waste control 192.22 commission pursuant to subdivisions 1 and 2 assumed ownership 192.23 and control of any interceptors or treatment works owned or 192.24 operated by such sanitary districts and joint boards, and who 192.25 are employees of the commission on July 1, 1994, and who are 192.26 employees of the council on the effective date of this section, 192.27 shall be employees of thecouncilcommission, and may at their 192.28 option become members of the Minnesota state retirement system 192.29 or may continue as members of a public retirement association 192.30 under chapter 422A or any other law, to which they belonged 192.31 before such date, and shall retain all pension rights which they 192.32 may have under such latter laws, and all other rights to which 192.33 they are entitled by contract or law. Members of trades who are 192.34 employed by theformermetropolitan waste control commission, 192.35 who have trade union pension coverage pursuant to a collective 192.36 bargaining agreement, and who elected exclusion from coverage 193.1 pursuant to section 473.512, or who are first employed after 193.2 July 1, 1977, shall not be covered by the Minnesota state 193.3 retirement system. Thecouncilcommission shall make the 193.4 employer's contributions to pension funds of its employees. 193.5 Such employees shall perform such duties as may be prescribed by 193.6 thecouncilcommission. All funds of such sanitary districts 193.7 and joint boards then on hand, and all subsequent collections of 193.8 taxes, special assessments or service charges levied or imposed 193.9 by or for such sanitary districts or joint boards shall be 193.10 transferred to thecouncilcommission. The local government 193.11 units otherwise entitled to such cash, taxes, assessments or 193.12 service charges shall be credited with such amounts, and such 193.13 credits shall be offset against any amounts to be paid by them 193.14 to thecouncilcommission as provided in section 473.517. The 193.15 former metropolitan waste control commission, and on July 1, 193.16 1994, the council, and on the effective date of this section, 193.17 the metropolitan waste control commission, shall succeed to and 193.18 become vested by action of law with all right, title and 193.19 interest in and to any property, real or personal, owned or 193.20 operated by such sanitary districts and joint boards. Prior to 193.21 that date the proper officers of such sanitary districts and 193.22 joint boards, or the former metropolitan waste control 193.23 commission, or the council, shall execute and deliver to 193.24 thecouncilcommission all deeds, conveyances, bills of sale, 193.25 and other documents or instruments required to vest in 193.26 thecouncilcommission good and marketable title to all such 193.27 real or personal property; provided that vesting of the title 193.28 shall occur by operation of law and failure to execute and 193.29 deliver the documents shall not affect the vesting of title in 193.30 the former metropolitan waste control commissionor, the 193.31 council, or the commission on the dates indicated in this 193.32 subdivision. Thecouncilcommission shall become obligated to 193.33 pay or assume all bonded or other debt and contract obligations 193.34 incurred by the former metropolitan waste control commission or 193.35 the council, or by such sanitary districts and joint boards, or 193.36 incurred by local government units for the acquisition or 194.1 betterment of any interceptors or treatment works owned or 194.2 operated by such sanitary districts or joint boards. 194.3 Subd. 4. [CURRENT VALUE OF EXISTING FACILITIES.] When the 194.4councilcommission assumes the ownership of any existing 194.5 interceptors or treatment works as provided in subdivision 2 or 194.6 3, the local government unit or units which paid part or all of 194.7 the cost of such facility, directly or pursuant to contracts for 194.8 reimbursement of costs, shall be entitled to receive a credit 194.9 against amounts to be allocated to them under section 473.517, 194.10 which may be spread over such period not exceeding 30 years as 194.11 thecouncilcommission shall determine, and an additional credit 194.12 equal to interest on the unused credit balance from time to time 194.13 at the rate of four percent per annum. The amount of such 194.14 credit shall equal the current value of the facility computed by 194.15 thecouncilcommission in the manner provided in this 194.16 subdivision at the time the council acquires it. The original 194.17 cost of a facility shall be computed as the total actual costs 194.18 of constructing it, including engineering, legal, and 194.19 administrative costs, less any part of it paid from federal or 194.20 state funds and less the principal amount of any then 194.21 outstanding bonds which were issued to finance its 194.22 construction. The original cost shall be multiplied by a factor 194.23 equal to a current cost index divided by the same cost index at 194.24 the time of construction, to determine replacement cost. The 194.25 cost indices used shall be the Engineering News Record 194.26 Construction Cost Indices for facilities or parts thereof 194.27 completed before 1930, and the United States Public Health 194.28 Service Federal Water Pollution Control Values for Sewer and 194.29 Treatment Plant Construction, as applied to facilities or parts 194.30 thereof completed in or after 1930. The current value of the 194.31 facility shall be the replacement cost depreciated by 2.50 194.32 percent per annum from the date of construction of treatment 194.33 works and 1.25 percent per annum from the date of construction 194.34 of interceptors; and decreased further by a reasonable allowance 194.35 for obsolescence if thecouncilcommission determines that the 194.36 facility or any part thereof will not be useful forcouncil195.1 commission purposes for at least the remaining period required 195.2 to depreciate it fully, assuming no salvage value. The current 195.3 value of each such facility shall be credited to each local 195.4 government unit in proportion to the amount of the construction 195.5 cost paid by that unit, as determined by thecouncilcommission, 195.6 taking into account reimbursements previously made under 195.7 contracts between any of the local government units. 195.8 Thecouncilcommission shall prepare an itemized statement of 195.9 the amount of credit each local government unit is entitled to 195.10 receive under this subdivision, and the years and amounts of 195.11 installments of principal and interest thereon, and shall cause 195.12 it to be mailed or delivered to the governing body of each local 195.13 government unit concerned. All credits allowed under this 195.14 subdivision shall be used to finance current costs allocated to 195.15 the local government unit by thecouncilcommission or for other 195.16 sewer costs, and the credits shall not be considered as proceeds 195.17 from the sale of municipal property so as to permit their use 195.18 for other purposes. At its option, thecouncilcommission may 195.19 make a periodic payment to each local government unit in the 195.20 amount of the credits provided pursuant to this subdivision, in 195.21 lieu of a credit against amounts to be allocated to such local 195.22 government units under section 473.517. 195.23 Sec. 22. Minnesota Statutes 1998, section 473.512, 195.24 subdivision 1, is amended to read: 195.25 Subdivision 1. [QUALIFICATION, CONDITIONS.] A member of a 195.26 trade who is employed by the former metropolitan waste control 195.27 commission, and on July 1, 1994, is employed by the council, and 195.28 on the effective date of this section is employed by the 195.29 commission, on a permanent basis with trade union pension plan 195.30 coverage pursuant to a collective bargaining agreement shall be 195.31 excluded from coverage by the Minnesota state retirement system 195.32 if the member was first employed on or after June 1, 1977, or, 195.33 if the member was first employed prior to June 1, 1977, has 195.34 elected to be excluded from coverage by the Minnesota state 195.35 retirement system pursuant to subdivision 2, and has accepted a 195.36 refund of contributions pursuant to subdivision 3. 196.1 Sec. 23. Minnesota Statutes 1998, section 473.513, is 196.2 amended to read: 196.3 473.513 [MUNICIPAL PLANS AND PROGRAMS.] 196.4 As soon as practicable after the adoption of thefirst196.5 long-term policy plan by thecounciloffice of strategic and 196.6 long-range planning as provided in section 473.146, and before 196.7 undertaking the construction of any extensions or additions to 196.8 its disposal system or the substantial alteration or improvement 196.9 of its existing disposal system, each local government unit 196.10 shall adopt a similar policy plan for the collection, treatment 196.11 and disposal of sewage for which the local government unit is 196.12 responsible, coordinated with the council's plan, and may revise 196.13 the same as often as it deems necessary. Each such plan shall 196.14 be submitted forthwith to thecouncilcommission for review and 196.15 shall be subject to the approval of thecouncilcommission as to 196.16 those features affecting thecouncil'scommission's 196.17 responsibilities as determined by thecouncilcommission. Any 196.18 such features disapproved by thecouncilcommission shall be 196.19 modified in accordance with thecouncil'scommission's 196.20 recommendations. No construction of new sewers or other 196.21 disposal facilities, and no substantial alteration or 196.22 improvement of any existing sewers or other disposal facilities 196.23 involving such features, shall be undertaken by any local 196.24 government unit unless its governing body shall first find the 196.25 same to be in accordance with its comprehensive plan and program 196.26 as approved by thecouncilcommission. At the time each local 196.27 government unit makes application to the Minnesota pollution 196.28 control agency for a permit to alter or improve its disposal 196.29 system it shall file with thecouncilcommission a copy of the 196.30 application together with design data and a location map of the 196.31 project. 196.32 Sec. 24. Minnesota Statutes 1998, section 473.515, is 196.33 amended to read: 196.34 473.515 [SEWAGE COLLECTION AND DISPOSAL; POWERS.] 196.35 Subdivision 1. [IDENTIFICATION OF POWERS.] In addition to 196.36 all other powers conferred upon or delegated to the 197.1councilcommission hereunder, it shall have the powers specified 197.2 in this section. 197.3 Subd. 2. [RIGHT TO DISCHARGE TREATED SEWAGE.] The 197.4councilcommission shall have the right to discharge the 197.5 effluent from any treatment works operated by it into any waters 197.6 of the state in accordance with any effluent or water quality 197.7 standards lawfully adopted by the pollution control agency. 197.8 Subd. 3. [CONNECTIONS WITH METROPOLITAN SYSTEM.] The 197.9councilcommission may require any person or local government 197.10 unit in the metropolitan area to provide for the discharge of 197.11 its sewage, directly or indirectly, into the metropolitan 197.12 disposal system, or to connect any disposal system or part 197.13 thereof with the metropolitan disposal system wherever 197.14 reasonable opportunity therefor is provided; may regulate the 197.15 manner in which such connections are made; may require any 197.16 person or local government unit discharging sewage into the 197.17 metropolitan disposal system to provide preliminary treatment 197.18 therefor; may prohibit the discharge into the metropolitan 197.19 disposal system of any substance which it determines will or may 197.20 be harmful to the system or any persons operating it; and may 197.21 require any local government unit to discontinue the 197.22 acquisition, betterment, or operation of any facility for its 197.23 disposal system wherever and so far as adequate service is or 197.24 will be provided by the metropolitan disposal system. 197.25 Sec. 25. Minnesota Statutes 1998, section 473.5155, 197.26 subdivision 1, is amended to read: 197.27 Subdivision 1. [REMEDIES AVAILABLE.] (a) For purposes of 197.28 this section, "violation" means any discharge or action by a 197.29 person that violates sections 473.501 to 473.549 or rules, 197.30 standards, variances, limitations, orders, stipulations, 197.31 agreements, schedules of compliance, or permits that are issued 197.32 or adopted by thecouncilcommission under sections 473.501 to 197.33 473.549. 197.34 (b) Each violation may be enforced by any one or a 197.35 combination of the following: criminal prosecution, civil 197.36 action, or other appropriate action in accordance with sections 198.1 473.501 to 473.549. 198.2 Sec. 26. Minnesota Statutes 1998, section 473.5155, 198.3 subdivision 3, is amended to read: 198.4 Subd. 3. [CIVIL PENALTIES.] A violation is subject to a 198.5 penalty payable to the state, in an amount to be determined by 198.6 the court, of not more than $1,000 per day of violation. The 198.7 civil penalty may be recovered by a civil action brought by the 198.8councilcommission in the name of the state. 198.9 Sec. 27. Minnesota Statutes 1998, section 473.516, is 198.10 amended to read: 198.11 473.516 [WASTE FACILITIES; SEWAGE SLUDGE DISPOSAL.] 198.12 Subdivision 1. [ACQUISITION AND OPERATION.] Without 198.13 limiting the grant or enumeration of any of the powers conferred 198.14 on thecouncilcommission under sections 473.501 to 473.549, the 198.15councilcommission shall have the specific power to acquire by 198.16 purchase, lease, condemnation, gift or grant any real or 198.17 personal property, positive and negative easements and water and 198.18 air rights, and it may construct, enlarge, improve, replace, 198.19 repair, maintain and operate waste facilities in the 198.20 metropolitan area deemed to be necessary or convenient in 198.21 connection with the processing or disposal of waste resulting 198.22 from sewage treatment, and the council may contract for the198.23maintenance and operation of such waste facilities, subject to198.24the bidding requirements of section 473.523. Thecouncil198.25 commission may accept for processing waste derived from outside 198.26 the metropolitan area in the state, as well as waste derived 198.27 from within the metropolitan area, and may fix and collect fees 198.28 and charges for the acceptance of waste as the 198.29councilcommission determines to be reasonable. 198.30 Subd. 2. [GENERAL REQUIREMENTS.] With respect to its 198.31 activities under this section, thecouncilcommission shall be 198.32 subject to and comply with the applicable provisions of this 198.33 chapter. Property acquired by thecouncilcommission under this 198.34 section shall be subject to the provisions of section 473.545. 198.35 Any site or facility owned or operated for or by thecouncil198.36 commission shall conform to the policy plan adopted under 199.1 section 473.149.The council shall contract with private199.2persons for the construction, maintenance, and operation of199.3waste facilities, subject to the bidding requirements of section199.4473.523, where the facilities are adequate and available for use199.5and competitive with other means of providing the same service.199.6 Subd. 3. [LOCAL RESTRICTIONS.] Counties and local units of 199.7 government may impose conditions respecting the construction, 199.8 operation, inspection, monitoring, and maintenance of a waste 199.9 facility of thecouncilcommission and conditions respecting the 199.10 sale, gift, delivery, storage, use, and disposal of sewage 199.11 sludge of thecouncilcommission on private property as a soil 199.12 conditioner or amendment, but only in the manner and only to the 199.13 extent authorized and approved by thecouncilcommission and the 199.14 pollution control agency as being consistent with the 199.15 establishment and use of thecouncil'scommission's waste 199.16 facilities and the disposal of thecouncil'scommission's sewage 199.17 sludge on private property in accordance with thecouncil's199.18 plan, adopted under Minnesota Statutes 1992, section 473.153, 199.19 and agency permits and rules. Counties may exercise the 199.20 enforcement powers granted under section 473.811, subdivision 199.21 5c, in the manner and to the extent authorized and approved in 199.22 accordance with this subdivision. 199.23 Subd. 4. [TECHNICAL MONITORING; SEWAGE SLUDGE DISPOSAL.] 199.24 Each sewage sludge disposal facility of thecouncilcommission, 199.25 or site used for the disposal of sewage sludge of thecouncil199.26 commission, shall be required to have an agency permit issued 199.27 pursuant to agency rules for permitting sewage sludge disposal 199.28 facilities and sites. Each permit shall require a regular 199.29 monitoring and testing program to be carried out by thecouncil199.30 commission. A regular inspection program shall be conducted by 199.31 the agency or a county under contract to the agency. 199.32 Thecouncilcommission shall reimburse the agency quarterly for 199.33 the cost of the program, and the amounts reimbursed are hereby 199.34 appropriated to the agency for the purposes of the program. The 199.35councilcommission shall attempt to the greatest practical 199.36 extent to provide a sludge quality that permits desired nutrient 200.1 loadings and minimizes elements not essential for plant growth 200.2 when sludge is disposed of on private property as a soil 200.3 conditioner or amendment. Thecouncilcommission shall provide 200.4 recipients with information on the facility generating the 200.5 sludge and the content of the sludge taken from its various 200.6 treatment facilities. 200.7 Subd. 5. [SLUDGE ASH CONTRACTS.] Notwithstanding section 200.8 473.523, thecouncilcommission may enter into a negotiated 200.9 contract with a private person to use the sludge ash generated 200.10 by thecouncilcommission in a manufacturing process. The 200.11 contract may not exceed 30 years. 200.12 Sec. 28. Minnesota Statutes 1998, section 473.517, 200.13 subdivision 1, is amended to read: 200.14 Subdivision 1. [ALLOCATION METHOD.] Except as provided in 200.15 subdivision 3, the estimated costs of operation, maintenance, 200.16 and debt service of the metropolitan disposal system to be paid 200.17 by thecouncilcommission in each fiscal year, and the costs of 200.18 acquisition and betterment of the system which are to be paid 200.19 during the year from funds other than bond proceeds, including 200.20 all expenses incurred by thecouncilcommission pursuant to 200.21 sections 473.501 to 473.545, are referred to in this section as 200.22 current costs, and shall be allocated among and paid by all 200.23 local government units which will discharge sewage, directly or 200.24 indirectly, into the metropolitan disposal system during the 200.25 budget year according to an allocation method determined by 200.26 thecouncilcommission. The allocated costs may include an 200.27 amount for a reserve or contingency fund and an amount for cash 200.28 flow management. The cash flow management fund so established 200.29 must not exceed five percent of thecouncil'scommission's total 200.30 waste control operating budget. 200.31 Sec. 29. Minnesota Statutes 1998, section 473.517, 200.32 subdivision 3, is amended to read: 200.33 Subd. 3. [ALLOCATION OF TREATMENT, INTERCEPTOR COSTS; 200.34 RESERVED CAPACITY.] In preparing each budget thecouncil200.35 commission shall estimate the current costs of acquisition, 200.36 betterment, and debt service, only, of the treatment works in 201.1 the metropolitan disposal system which will not be used to total 201.2 capacity during the budget year, and the percentage of such 201.3 capacity which will not be used, and shall deduct the same 201.4 percentage of such treatment works costs from the current costs 201.5 allocated under subdivision 1. Thecouncilcommission shall 201.6 also estimate the current costs of acquisition, betterment, and 201.7 debt service, only, of the interceptors in the metropolitan 201.8 disposal system that will not be used to total capacity during 201.9 the budget year, shall estimate the percentage of the total 201.10 capacity that will not be used, and shall deduct the same 201.11 percentage of interceptor costs from the current costs allocated 201.12 under subdivision 1. The total amount so deducted with respect 201.13 to all treatment works and interceptors in the system shall be 201.14 allocated among and paid by the respective local government 201.15 units in the metropolitan area for which system capacity unused 201.16 each year is reserved for future use, in proportion to the 201.17 amounts of such capacity reserved for each of them. 201.18 Sec. 30. Minnesota Statutes 1998, section 473.517, 201.19 subdivision 6, is amended to read: 201.20 Subd. 6. [DEFERMENT OF PAYMENTS.] Thecouncilcommission 201.21 may provide for the deferment of payment of all or part of the 201.22 allocated costs which are allocated by thecouncilcommission to 201.23 a local government unit in any year pursuant to subdivision 3, 201.24 repayable at such time or times as thecouncilcommission shall 201.25 specify, with interest at the approximate average annual rate 201.26 borne bycouncilcommission bonds outstanding at the time of the 201.27 deferment, as determined by thecouncilcommission. Such 201.28 deferred costs shall be allocated to and paid by all local 201.29 government units in the metropolitan area which will discharge 201.30 sewage, directly or indirectly, into the metropolitan disposal 201.31 system in the budget year for which the deferment is granted, in 201.32 the same manner and proportions as costs are allocated under 201.33 subdivision 1. 201.34 Sec. 31. Minnesota Statutes 1998, section 473.519, is 201.35 amended to read: 201.36 473.519 [FEDERAL WATER POLLUTION CONTROL ACT AMENDMENTS OF 202.1 1972; SYSTEM OF CHARGES.] 202.2 Each local government unit shall adopt a system of charges 202.3 for the use and availability of the metropolitan disposal system 202.4 which will assure that each recipient of waste treatment 202.5 services within or served by the unit will pay its proportionate 202.6 share of the costs allocated to the unit by thecouncil202.7 commission under section 473.517, as required by the federal 202.8 Water Pollution Control Act amendments of 1972, and any 202.9 regulations issued pursuant thereto. Each system of charges 202.10 shall be adopted as soon as possible and shall be submitted to 202.11 thecouncilcommission. Thecouncilcommission shall review 202.12 each system of charges to determine whether it complies with the 202.13 federal law and regulations. If it determines that a system of 202.14 charges does not comply, the adopting unit shall be notified and 202.15 shall change its system to comply, and shall submit the changes 202.16 to thecouncilcommission for review. All subsequent changes in 202.17 a system of charges proposed by a local government unit shall 202.18 also be submitted to thecouncilcommission for review. 202.19 Sec. 32. Minnesota Statutes 1998, section 473.521, is 202.20 amended to read: 202.21 473.521 [PAYMENTS TOCOUNCILCOMMISSION.] 202.22 Subdivision 1. [AMOUNTS DUECOUNCILCOMMISSION, WHEN 202.23 PAYABLE.] Charges payable to thecouncilcommission by local 202.24 government units may be made payable at such times during each 202.25 year as thecouncilcommission determines, but such dates shall 202.26 be fixed with reference to the dates on which tax, assessment, 202.27 and revenue collections become available to the government units 202.28 required to pay such charges. 202.29 Subd. 2. [COMPONENT MUNICIPALITIES, OBLIGATIONS TOCOUNCIL202.30 COMMISSION.] Each government unit shall pay to thecouncil202.31 commission all sums charged to it as provided in section 202.32 473.517, at the times and in the manner determined by 202.33 thecouncilcommission. The governing body of each such 202.34 government unit shall take all action that may be necessary to 202.35 provide the funds required for such payments and to make the 202.36 same when due. 203.1 Subd. 3. [POWERS OF GOVERNMENT UNITS.] To accomplish any 203.2 duty imposed on it by thecouncilcommission, the governing body 203.3 of every government unit in the metropolitan area may exercise 203.4 the powers granted any municipality by chapters 117, 412, 429, 203.5 475, sections 115.46, 444.075 and 471.59. 203.6 Subd. 4. [DEFICIENCY TAX LEVIES.] If the governing body of 203.7 any local government unit fails to meet any payment to 203.8 thecouncilcommission hereunder when due, themetropolitan203.9councilcommission may certify to the auditor of the county in 203.10 which the government unit is located the amount required for 203.11 payment of such amount with interest at six percent per annum. 203.12 The auditor shall levy and extend such amount as a tax upon all 203.13 taxable property in the government unit for the next calendar 203.14 year, free from any existing limitations imposed by law or 203.15 charter. Such tax shall be collected in the same manner as the 203.16 general taxes of the government unit, and the proceeds thereof, 203.17 when collected, shall be paid by the county treasurer to the 203.18 treasurer of thecouncilcommission and credited to the 203.19 government unit for which the tax was levied. 203.20 Sec. 33. Minnesota Statutes 1998, section 473.523, is 203.21 amended to read: 203.22 473.523 [CONTRACTS FOR CONSTRUCTION MATERIALS, SUPPLIES, 203.23 AND EQUIPMENT.] 203.24 Subdivision 1. All contracts for construction work, or for 203.25 the purchase of materials, supplies, or equipment relating to 203.26 the metropolitan disposal system shall be made as provided in 203.27 section 471.345, subdivisions 3 to 6. Contracts subject to 203.28 section 471.345, subdivision 3, shall be made by thecouncil203.29 commission by publishing once in a legal newspaper or trade 203.30 paper published in a city of the first class not less than two 203.31 weeks before the last day for submission of bids, notice that 203.32 bids or proposals will be received. Such notice shall state the 203.33 nature of the work or purchase and the terms and conditions upon 203.34 which the contract is to be awarded, and a time and place where 203.35 such bids will be received, opened, and read publicly. After 203.36 such bids have been duly received, opened, read publicly, and 204.1 recorded, thecouncilcommission shall award such contract to 204.2 the lowest responsible bidder or it may reject all bids and 204.3 readvertise. Each contract shall be duly executed in writing 204.4 and the party to whom the contract is awarded shall give 204.5 sufficient bond or security to the board for the faithful 204.6 performance of the contract as required by law. Thecouncil204.7 commission shall have the right to set qualifications and 204.8 specifications and to require bids to meet all such 204.9 qualifications and specifications before being accepted. If the 204.10councilcommission by an affirmative vote of two-thirds of its 204.11 members declares that an emergency exists requiring the 204.12 immediate purchase of materials or supplies at a cost in excess 204.13 of the amount specified in section 471.345, subdivision 3, or in 204.14 making emergency repairs, it shall not be necessary to advertise 204.15 for bids. 204.16 Subd. 2. Themanager of wastewater services maychief 204.17 administrator, without prior approval of thecouncilcommission 204.18 and without advertising for bids, enter into any contract of the 204.19 type referred to in subdivision 1 which is not in excess of the 204.20 amount specified in section 471.345, subdivision 3. 204.21 Sec. 34. Minnesota Statutes 1998, section 473.541, is 204.22 amended to read: 204.23 473.541 [DEBT OBLIGATIONS.] 204.24 Subdivision 1. [CERTIFICATES OF INDEBTEDNESS.] At any time 204.25 or times after approval of an annual budget, and in anticipation 204.26 of the collection of tax and other revenues appropriated in the 204.27 budget, thecouncilcommission may by resolution authorize the 204.28 issuance, negotiation, and sale, in such form and manner and 204.29 upon such terms as it may determine, of general obligation 204.30 certificates of indebtedness in aggregate principal amounts not 204.31 exceeding 50 percent of the total amount of such appropriations, 204.32 and maturing not later than April 1 following the close of the 204.33 budget year. All receipts of tax and other revenues included in 204.34 the budget, after the expenditure of appropriated funds, shall 204.35 be irrevocably appropriated to a special fund to pay the 204.36 principal of and the interest on the certificates when due. If 205.1 for some reason the anticipated revenues are insufficient to pay 205.2 the certificates and interest thereon when due, thecouncil205.3 commission shall levy a tax in the amount of the deficiency on 205.4 all taxable property in the metropolitan area, and shall 205.5 appropriate this amount to the special fund, to be credited 205.6 thereto from the first tax and other revenues received in the 205.7 following budget year. 205.8 Subd. 2. [EMERGENCY CERTIFICATES OF INDEBTEDNESS.] If in 205.9 any budget year the receipts of tax and other revenues should 205.10 from some unforeseen cause become insufficient to pay the 205.11council'scommission's current wastewater control expenses, or 205.12 if any calamity or other public emergency should subject it to 205.13 the necessity of making extraordinary wastewater control 205.14 expenditures, thecouncilcommission may make an emergency 205.15 appropriation of an amount sufficient to meet the deficiency and 205.16 may authorize the issuance, negotiation, and sale of 205.17 certificates of indebtedness in this amount in the same manner 205.18 and upon the same conditions as provided in subdivision 1, 205.19 except that thecouncilcommission shall forthwith levy on all 205.20 taxable property in the metropolitan area a tax sufficient to 205.21 pay the certificates and interest thereon, and shall appropriate 205.22 all collections of such tax to a special fund created for that 205.23 purpose. The certificates may mature not later than April in 205.24 the year following the year in which the tax is collectible. 205.25 Subd. 3. [GENERAL OBLIGATION BONDS.] Thecouncil205.26 commission may by resolution authorize the issuance of general 205.27 obligation bonds for the acquisition or betterment of any 205.28 interceptors or treatment works determined to be necessary or 205.29 desirable for the metropolitan disposal system, or for the 205.30 refunding of outstanding bonds, certificates of indebtedness, or 205.31 judgments. Thecouncilcommission shall provide for the 205.32 issuance and sale and for the security of such bonds in the 205.33 manner provided in chapter 475, and shall have the same powers 205.34 and duties as a municipality issuing bonds under that law, 205.35 except that no election shall be required and the net debt 205.36 limitations in chapter 475 shall not apply to such bonds. 206.1 Thecouncilcommission may also pledge for the payment of such 206.2 bonds any revenues receivable under section 473.517. 206.3 Subd. 4. [REVENUE BONDS.] (a) Thecouncilcommission may, 206.4 by resolution, authorize the issuance of revenue bonds for any 206.5 purpose for which general obligation bonds may be issued under 206.6 subdivision 3. The bonds shall be sold, issued, and secured in 206.7 the manner provided in chapter 475 for bonds payable solely from 206.8 revenues, except as otherwise provided in this subdivision, and 206.9 thecouncilcommission shall have the same powers and duties as 206.10 a municipality and its governing body in issuing bonds under 206.11 that chapter. The bonds shall be payable from and secured by a 206.12 pledge of all or any part of revenues receivable under section 206.13 473.517, shall not, and shall state they do not, represent or 206.14 constitute a general obligation or debt of thecouncil206.15 commission, and shall not be included in the net debt of any 206.16 city, county, or other subdivision of the state for the purpose 206.17 of any net debt limitation. The proceeds of the bonds may be 206.18 used to pay credit enhancement fees. 206.19 (b) The bonds may be secured by a bond resolution, or a 206.20 trust indenture entered into by thecouncilcommission with a 206.21 corporate trustee within or outside the state, which shall 206.22 define the revenues and bond proceeds pledged for the payment 206.23 and security of the bonds. The pledge shall be a valid charge 206.24 on the revenues received under section 473.517. No mortgage of 206.25 or security interest in any tangible real or personal property 206.26 shall be granted to the bondholders or the trustee, but they 206.27 shall have a valid security interest in the revenues and bond 206.28 proceeds received by thecouncilcommission and pledged to the 206.29 payment of the bonds as against the claims of all persons in 206.30 tort, contract, or otherwise, irrespective of whether such 206.31 parties have notice thereof and without possession or filing as 206.32 provided in the Uniform Commercial Code or any other law, 206.33 subject, however, to the rights of the holders of any general 206.34 obligation bonds issued under subdivision 3. In the bond 206.35 resolution or trust indenture, thecouncilcommission may make 206.36 such covenants as it determines to be reasonable for the 207.1 protection of the bondholders, including a covenant to issue 207.2 general obligation bonds to refund the revenue bonds if and to 207.3 the extent required to pay principal and interest on the bonds 207.4 and to certify a deficiency tax levy as provided in section 207.5 473.521, subdivision 4. 207.6 (c) Neither thecouncilcommission, nor anycouncil207.7 commission member, officer, employee, or agent of thecouncil207.8 commission, nor any person executing the bonds shall be liable 207.9 personally on the bonds by reason of their issuance. The bonds 207.10 shall not be payable from nor a charge upon any funds other than 207.11 the revenues and bond proceeds pledged to the payment thereof, 207.12 nor shall thecouncilcommission be subject to any liability 207.13 thereon or have the power to obligate itself to pay or to pay 207.14 the bonds from funds other than the revenues and bond proceeds 207.15 pledged, and no holder or holders of bonds shall ever have the 207.16 right to compel any exercise of the taxing power of thecouncil207.17 commission (except any deficiency tax levy thecouncil207.18 commission covenants to certify under section 473.521, 207.19 subdivision 4) or any other public body, to the payment of 207.20 principal of or interest on the bonds, nor to enforce payment 207.21 thereof against any property of thecouncilcommission or other 207.22 public body other than that expressly pledged for the payment 207.23 thereof. 207.24 Sec. 35. Minnesota Statutes 1998, section 473.542, is 207.25 amended to read: 207.26 473.542 [DEPOSITORIES.] 207.27 Thecouncilcommission shall from time to time designate 207.28 one or more national or state banks, or trust companies 207.29 authorized to do a banking business, as official depositories 207.30 for moneys of thecouncilcommission, and thereupon shall 207.31 require the treasurer to deposit all or a part of such moneys in 207.32 such institutions. Such designation shall be in writing and 207.33 shall set forth all the terms and conditions upon which the 207.34 deposits are made, and shall be signed by the chair and 207.35 treasurer, and made a part of the minutes of thecouncil207.36 commission. Any bank or trust company so designated shall 208.1 qualify as a depository by furnishing a corporate surety bond or 208.2 collateral in the amounts required by section 118A.03. However, 208.3 no bond or collateral shall be required to secure any deposit 208.4 insofar as it is insured under federal law. 208.5 Sec. 36. Minnesota Statutes 1998, section 473.543, is 208.6 amended to read: 208.7 473.543 [MONEYS, ACCOUNTS AND INVESTMENTS.] 208.8 Subdivision 1. [DISPOSED OF AS BUDGETED; PLEDGES.] All 208.9 moneys from wastewater control operations received by the 208.10councilcommission shall be deposited or invested by the 208.11 treasurer and disposed of as thecouncilcommission may direct 208.12 in accordance with its waste control budget; provided that any 208.13 moneys that have been pledged or dedicated by themetropolitan208.14councilcommission to the payment of obligations or interest 208.15 thereon or expenses incident thereto, or for any other specific 208.16 purpose authorized by law, shall be paid by the treasurer into 208.17 the fund to which they have been pledged. 208.18 Subd. 2. [ACCOUNTS.] Thecouncil'scommission's treasurer 208.19 shall establish such funds and accounts as may be necessary or 208.20 convenient to handle the receipts and disbursements of the 208.21councilcommission in an orderly fashion. 208.22 Subd. 3. [WHERE TO DEPOSIT; HOW TO INVEST.] The moneys on 208.23 hand in said funds and accounts may be deposited in the official 208.24 depositories of thecouncilcommission or invested as 208.25 hereinafter provided. The amount thereof not currently needed 208.26 or required by law to be kept in cash on deposit may be invested 208.27 in obligations authorized for the investment of public funds by 208.28 section 118A.04. Such moneys may also be held under 208.29 certificates of deposit issued by any official depository of the 208.30councilcommission. 208.31 Subd. 4. [BOND PROCEEDS.] The use of proceeds of all bonds 208.32 issued by thecouncilcommission for the acquisition and 208.33 betterment of interceptors or treatment works, and the use, 208.34 other than investment, of all moneys on hand in any sinking fund 208.35 or funds of thecouncilcommission, shall be governed by the 208.36 provisions of chapter 475, and the provisions of resolutions 209.1 authorizing the issuance of such bonds. The bond proceeds when 209.2 received shall be transferred to the treasurer of the commission 209.3 for safekeeping, investment, and payment of capital costs. 209.4 Subd. 5. [ANNUAL AUDIT.] The state auditor shall audit the 209.5 books and accounts of the commission at least once each year. 209.6 The commission shall pay to the state the total cost and 209.7 expenses of the examination. The general fund shall be credited 209.8 with all collections made for an examination. 209.9 Sec. 37. Minnesota Statutes 1998, section 473.545, is 209.10 amended to read: 209.11 473.545 [PROPERTY EXEMPT FROM TAXATION.] 209.12 Any properties, real or personal, owned, leased, 209.13 controlled, used, or occupied by thecouncilcommission for any 209.14 purpose referred to in Minnesota Statutes 1984, section 473.502, 209.15 are declared to be acquired, owned, leased, controlled, used and 209.16 occupied for public, governmental, and municipal purposes, and 209.17 shall be exempt from taxation by the state or any political 209.18 subdivision of the state, provided that such properties shall be 209.19 subject to special assessments levied by a political subdivision 209.20 for a local improvement in amounts proportionate to and not 209.21 exceeding the special benefit received by the properties from 209.22 such improvement. No possible use of any such properties in any 209.23 manner different from their use as part of the metropolitan 209.24 disposal system at the time shall be considered in determining 209.25 the special benefit received by such properties. All such 209.26 assessments shall be subject to final confirmation by the 209.27metropolitan councilcommission, whose determination of the 209.28 benefits shall be conclusive upon the political subdivision 209.29 levying the assessment. 209.30 Sec. 38. Minnesota Statutes 1998, section 473.547, is 209.31 amended to read: 209.32 473.547 [TAX LEVIES.] 209.33 Thecouncilcommission shall have power to levy taxes for 209.34 debt service of the metropolitan disposal system upon all 209.35 taxable property within the metropolitan area, without 209.36 limitation of rate or amount and without affecting the amount or 210.1 rate of taxes which may be levied bythe council for other210.2purposes or byany local government unit in the area. 210.3 Thecouncilcommission shall also have power to levy taxes as 210.4 provided in section 473.521. Each of the county auditors shall 210.5 annually assess and extend upon the tax rolls in the auditor's 210.6 county the portion of the taxes levied by thecouncilcommission 210.7 in each year which is certified to the auditor by thecouncil210.8 commission. Each county treasurer shall collect and make 210.9 settlement of such taxes with thecouncilcommission in the same 210.10 manner as with other political subdivisions. 210.11 Sec. 39. Minnesota Statutes 1998, section 473.549, is 210.12 amended to read: 210.13 473.549 [RELATION TO EXISTING LAWS.] 210.14 The provisions of sections 473.501 to 473.549 shall be 210.15 given full effect notwithstanding the provisions of any law not 210.16 consistent therewith. The powers conferred on thecouncil210.17 commission under sections 473.501 to 473.545 shall in no way 210.18 diminish or supersede the powers conferred on the pollution 210.19 control agency by sections 103F.701 to 103F.761 and chapters 115 210.20 and 116. 210.21 Sec. 40. [TRANSFER.] 210.22 The powers, duties, assets, and liabilities of the 210.23 metropolitan council relating to the metropolitan disposal 210.24 system are transferred to the metropolitan waste control 210.25 commission established in this article. Minnesota Statutes, 210.26 section 15.039, applies to the transfer to the extent 210.27 practicable. 210.28 Sec. 41. [REPEALER.] 210.29 Minnesota Statutes 1998, sections 473.517, subdivision 9; 210.30 and 473.535, are repealed. 210.31 Sec. 42. [APPLICATION.] 210.32 This article applies in the counties of Anoka, Carver, 210.33 Dakota, Hennepin, Ramsey, Scott, and Washington. 210.34 Sec. 43. [EFFECTIVE DATE.] 210.35 This article is effective July 1, 2001. 210.36 ARTICLE 5 211.1 METROPOLITAN SPORTS FACILITIES COMMISSION 211.2 Section 1. Minnesota Statutes 1998, section 3.9741, 211.3 subdivision 1, is amended to read: 211.4 Subdivision 1. [METROPOLITAN COMMISSION.] Upon the audit 211.5 of the financial accounts and affairs of a commission under 211.6 section473.595,473.604,or 473.703, the affected metropolitan 211.7 commission is liable to the state for the total cost and 211.8 expenses of the audit, including the salaries paid to the 211.9 examiners while actually engaged in making the examination. The 211.10 legislative auditor may bill the metropolitan commission either 211.11 monthly or at the completion of the audit. All collections 211.12 received for the audits must be deposited in the general fund. 211.13 Sec. 2. Minnesota Statutes 1998, section 13.55, 211.14 subdivision 1, is amended to read: 211.15 Subdivision 1. [NOT PUBLIC CLASSIFICATION.] The following 211.16 data received, created, or maintained by or for publicly owned 211.17 and operated convention or professional sports facilities, or 211.18 civic center authorities, or the metropolitan sports facilities211.19commissionare classified as nonpublic data pursuant to section 211.20 13.02, subdivision 9; or private data on individuals pursuant to 211.21 section 13.02, subdivision 12: 211.22 (a) a letter or other documentation from any person who 211.23 makes inquiry to or who is contacted by the facility regarding 211.24 the availability of the facility for staging events; 211.25 (b) identity of firms and corporations which contact the 211.26 facility; 211.27 (c) type of event which they wish to stage in the facility; 211.28 (d) suggested terms of rentals; and 211.29 (e) responses of authority staff to these inquiries. 211.30 Sec. 3. Minnesota Statutes 1998, section 240A.08, is 211.31 amended to read: 211.32 240A.08 [APPROPRIATION.] 211.33 (a) $750,000 is appropriated annually from the general fund 211.34 to the Minnesota amateur sports commission for the purpose of 211.35 entering into long-term leases, use, or other agreementswith211.36the metropolitan sports facilities commissionfor the conduct of 212.1 amateur sports activities at the basketball and hockey arena, 212.2 consistent with the purposes set forth in this chapter, 212.3 including (1) stimulating and promoting amateur sports, (2) 212.4 promoting physical fitness by promoting participation in sports, 212.5 (3) promoting the development of recreational amateur sport 212.6 opportunities and activities, and (4) promoting local, regional, 212.7 national, and international amateur sport competitions and 212.8 events. The amateur sports commission shall determine what 212.9 constitutes amateur sports activities as provided in this 212.10 chapter as of March 1, 1995. Themetropolitan sports facilities212.11commissionagreement may allocate at least 25 but no more than 212.12 50 dates a year for the conduct of amateur sports activities at 212.13 the basketball and hockey arena by the amateur sports commission. 212.14 At least 12 of the dates must be on a Friday, Saturday, or 212.15 Sunday. The amateur sports commission may sell a date at the 212.16 arena to another group for any purpose. Revenue from sale of 212.17 these dates is appropriated to the amateur sports commission for 212.18 purposes listed in section 240A.04. If any amateur sports 212.19 activities conducted by the amateur sports commission at the 212.20 basketball and hockey arena are restricted to participants of 212.21 one gender, an equal number of activities on comparable days of 212.22 the week must be conducted for participants of the other gender, 212.23 but not necessarily in the same year. The legislature reserves 212.24 the right to repeal or amend this appropriation, and does not 212.25 intend this appropriation to create public debt. 212.26 (b) The amateur sports commission shall not transmit to the 212.27 operator of the basketball and hockey arena payment of any 212.28 event-related costs or expenses, including, but not limited to, 212.29 personnel, labor, services, equipment, utilities, or supplies 212.30 attributable to the events unless and until the operator has 212.31 demonstrated, to the satisfaction of the amateur sports 212.32 commission, the basis for each specific cost or expense and the 212.33 means by which the costs and expenses were determined. 212.34 (c) The amateur sports commission may use any ticket system 212.35 as may be in place from time to time at the basketball and 212.36 hockey arena, provided that any royalty or rebate fees or 213.1 charges or surcharges on tickets received by the operator of the 213.2 arena from third parties must be credited against event-related 213.3 costs or expenses. 213.4 (d) In the establishment of event-related costs to be 213.5 imposed upon the amateur sports commission, the operator of the 213.6 basketball and hockey arena shall provide the amateur sports 213.7 commission with the maximum discount that the operator has 213.8 supplied to any other sponsor of a similar amateur sports event 213.9 in the arena within the 180-day period immediately preceding the 213.10 date of the amateur sports commission event. 213.11 (e) The amateur sports commission must report by August 1 213.12 each year to the chairs of the house and senate state government 213.13 finance divisions on compliance with this section and on the 213.14 total value of dates and ancillary services, and revenue derived 213.15 from resale of dates, during the previous state fiscal year. 213.16 (f) The attorney general, on behalf of the amateur sports 213.17 commission, must pursue collection of monetary damages from the 213.18 operator of the arena if the operator fails to comply with the 213.19 requirements of this section. 213.20 (g) The books, records, documents, accounting procedures, 213.21 and practices of themetropolitan sports facilities commission,213.22theMinneapolis community development agency, and any 213.23 corporation with which the Minnesota amateur sports commission 213.24 may contract for use of the basketball and hockey arena are 213.25 available for review by the Minnesota amateur sports commission, 213.26 the legislative auditor, and the chairs of the state government 213.27 finance divisions of the senate and the house of 213.28 representatives, subject to chapter 13 and section 473.598, 213.29 subdivision 4. 213.30 Sec. 4. Minnesota Statutes 1998, section 340A.404, 213.31 subdivision 1, is amended to read: 213.32 Subdivision 1. [CITIES.] A city may issue an on-sale 213.33 intoxicating liquor license to the following establishments 213.34 located within its jurisdiction: 213.35 (1) hotels; 213.36 (2) restaurants; 214.1 (3) bowling centers; 214.2 (4) clubs or congressionally chartered veterans 214.3 organizations with the approval of the commissioner, provided 214.4 that the organization has been in existence for at least three 214.5 years and liquor sales will only be to members and bona fide 214.6 guests; 214.7 (5) sports facilities located on land owned by the 214.8 successor to the metropolitan sports commission; and 214.9 (6) exclusive liquor stores. 214.10 Sec. 5. Minnesota Statutes 1998, section 340A.504, 214.11 subdivision 1, is amended to read: 214.12 Subdivision 1. [3.2 PERCENT MALT LIQUOR.] No sale of 3.2 214.13 percent malt liquor may be made between 1:00 a.m. and 8:00 a.m. 214.14 on the days of Monday through Saturday, nor between 1:00 a.m. 214.15 and 12:00 noon on Sunday, provided that an establishment located 214.16 on land owned by the successor to the metropolitan sports 214.17 commission and used for sports, or the sports arena for which 214.18 one or more licenses have been issued under section 340A.404, 214.19 subdivision 2, paragraph (c), may sell 3.2 percent malt liquor 214.20 between 10:00 a.m. and 12:00 noon on a Sunday on which a sports 214.21 or other event is scheduled to begin at that location on or 214.22 before 1:00 p.m. of that day. 214.23 Sec. 6. Minnesota Statutes 1998, section 469.071, 214.24 subdivision 4, is amended to read: 214.25 Subd. 4. [PROPERTY TAX EXEMPTION.] Notwithstanding section 214.26 473.556, subdivision 6, or any other law, real property conveyed 214.27 to the port authority of the city of Bloomington by the former 214.28 metropolitan sports facilities commission is exempt from 214.29 taxation under sections 473.556, subdivision 4; and 469.012, 214.30 subdivision 2. 214.31 Sec. 7. Minnesota Statutes 1998, section 473.121, 214.32 subdivision 5a, is amended to read: 214.33 Subd. 5a. [METROPOLITAN AGENCY.] "Metropolitan agency" 214.34 means the metropolitan parks and open space commission,and the 214.35 metropolitan airports commission, and metropolitan sports214.36facilities commission. 215.1 Sec. 8. Minnesota Statutes 1998, section 473.551, 215.2 subdivision 9, is amended to read: 215.3 Subd. 9. [METRODOME.] "Metrodome" means the Hubert H. 215.4 Humphrey Metrodome located in the city of Minneapolis 215.5constructed and owned by the commission and financed by the215.6bonds of the council issued pursuant to sections 473.551 to215.7473.595, including all real estate, buildings, improvements, and 215.8 equipment in and on them. 215.9 Sec. 9. Minnesota Statutes 1998, section 473.556, 215.10 subdivision 4, is amended to read: 215.11 Subd. 4. [EXEMPTION OF PROPERTY.] Any real or personal 215.12 property acquired, owned, leased, controlled, used, or occupied 215.13 by the successor to the commission for any of the purposes of 215.14 sections 473.551 to 473.599 is declared to be acquired, owned, 215.15 leased, controlled, used and occupied for public, governmental, 215.16 and municipal purposes, and shall be exempt from ad valorem 215.17 taxation by the state or any political subdivision of the state, 215.18 provided that such properties shall be subject to special 215.19 assessments levied by a political subdivision for a local 215.20 improvement in amounts proportionate to and not exceeding the 215.21 special benefit received by the properties from the 215.22 improvement. No possible use of any such properties in any 215.23 manner different from their use under Minnesota Statutes 1998, 215.24 sections 473.551 to 473.599 at the time shall be considered in 215.25 determining the special benefit received by the properties.All215.26assessments shall be subject to final confirmation by the215.27council, whose determination of the benefits shall be conclusive215.28upon the political subdivision levying the assessment.215.29 Notwithstanding the provisions of section 272.01, subdivision 2, 215.30 or 273.19, real or personal property leased by the successor to 215.31 the commission to another person for uses related to the 215.32 purposes of sections 473.551 to 473.599, including the operation 215.33 of the metrodome, met center, and, if acquired by the215.34commission, the basketball and hockey arenashall be exempt from 215.35 taxation regardless of the length of the lease. The provisions 215.36 of this subdivision, insofar as they require exemption or 216.1 special treatment, shall not apply to any real property 216.2 comprising the met center which is leased by the successor to 216.3 the commission for residential, business, or commercial 216.4 development or other purposes different from those contemplated 216.5 in sections 473.551 to 473.599. 216.6 Sec. 10. Minnesota Statutes 1998, section 473.556, 216.7 subdivision 5, is amended to read: 216.8 Subd. 5. [FACILITY OPERATION.] The successor to the 216.9 commission may equip, improve, operate, manage, maintain, and 216.10 control the metrodome, met center, basketball and hockey arena216.11and sports facilities constructed, remodeled, or acquired under216.12the provisions of sections 473.551 to 473.599. 216.13 Sec. 11. Minnesota Statutes 1998, section 473.556, 216.14 subdivision 6, is amended to read: 216.15 Subd. 6. [DISPOSITION OF PROPERTY.](a)The successor to 216.16 the commission may sell, lease, or otherwise dispose of any real 216.17 or personal property acquired by it, or to which it succeeded 216.18 under this article which is no longer required for 216.19 accomplishment of its purposes. The property shall be sold in 216.20 accordance with the procedures provided by section 469.065, 216.21 insofar as practical and consistent with sections 473.551 to 216.22 473.599. 216.23(b) The proceeds from the sale of any real property at the216.24metropolitan sports area shall be paid to the council and used216.25for debt service or retirement.216.26 Sec. 12. Minnesota Statutes 1998, section 473.556, 216.27 subdivision 11, is amended to read: 216.28 Subd. 11. [AGREEMENTS WITH UNIVERSITY.] The successor to 216.29 the commission and the board of regents of the University of 216.30 Minnesota may enter into agreements and do all other acts 216.31 necessary to further the functions prescribed in Minnesota 216.32 Statutes 1998, sections 473.551 to 473.599. 216.33 Sec. 13. Minnesota Statutes 1998, section 473.556, 216.34 subdivision 12, is amended to read: 216.35 Subd. 12. [USE AGREEMENTS.] The successor to the 216.36 commission may lease, license, or enter into agreements and may 217.1 fix, alter, charge, and collect rentals, fees, and charges to 217.2 all persons for the use, occupation, and availability of part or 217.3 all of any premises, property, or facilities under its 217.4 ownership, operation, or control for purposes that will provide 217.5 athletic, educational, cultural, commercial or other 217.6 entertainment, instruction, or activity for the citizens of the 217.7 metropolitan area. Any such use agreement may provide that the 217.8 other contracting party shall have exclusive use of the premises 217.9 at the times agreed upon. 217.10 Sec. 14. Minnesota Statutes 1998, section 473.556, 217.11 subdivision 14, is amended to read: 217.12 Subd. 14. [SMALL BUSINESS CONTRACTS.] In exercising its 217.13 powers to contract for the purchase of services, materials, 217.14 supplies, and equipment, pursuant to subdivisions 5, 7, 8 and 217.15 10, the successor to the commission shall designate and set 217.16 aside each fiscal year for awarding to small businesses 217.17 approximately ten percent of the value of anticipated contracts 217.18 and subcontracts of that kind for that year, in the manner 217.19 required of the commissioner of administration for state 217.20 procurement contracts pursuant to sections 16C.16 to 16C.19. 217.21 The successor to the commission shall follow the rules 217.22 promulgated by the commissioner of administration pursuant to 217.23 section 16C.19, and shall submit reports of the kinds required 217.24 of the commissioners of administration and economic development 217.25 by section 16C.18. 217.26 Sec. 15. [BONDS AND CERTIFICATES.] 217.27 Debt obligations authorized and issued under Minnesota 217.28 Statutes, section 473.581, before the effective date of this 217.29 article must be paid for and retired according to that section 217.30 and the terms of those obligations and their bond indentures and 217.31 trust agreements. The metropolitan county auditors shall 217.32 administer this section. 217.33 Sec. 16. [SUCCESSOR.] 217.34 (a) Except as provided in paragraph (b), after negotiating 217.35 with the commissioner of finance any appropriate additional 217.36 terms and conditions not inconsistent with this article, the 218.1 city of Minneapolis succeeds to all rights, title, and interests 218.2 of the metropolitan sports facilities commission subject to this 218.3 article and the additional terms and conditions negotiated 218.4 pursuant to this article. 218.5 (b) While the negotiations are pending, and thereafter if 218.6 the city of Minneapolis does not accede to the succession as 218.7 provided in this article before July 1, 2000, the Minnesota 218.8 amateur sports commission is the successor to the metropolitan 218.9 sports facilities commission under this article and Minnesota 218.10 Statutes, section 15.039. 218.11 Sec. 17. [REPEALER.] 218.12 Minnesota Statutes 1998, sections 473.551, subdivisions 2, 218.13 3, 4, 5, 6, 7, 8, 10, 11, 12, 13, 14, 15, 16, and 17; 473.552; 218.14 473.553; 473.556, subdivisions 1, 2, 3, 7, 8, 9, 10, 13, 16, and 218.15 17; 473.561; 473.564; 473.565; 473.572; 473.581; 473.592; 218.16 473.595; 473.596; 473.598; and 473.599, are repealed. 218.17 Sec. 18. [EFFECTIVE DATE.] 218.18 Sections 1 to 15 and 17 are effective July 1, 2001. 218.19 ARTICLE 6 218.20 METROPOLITAN AIRPORTS COMMISSION CONFORMING AMENDMENTS 218.21 Section 1. Minnesota Statutes 1998, section 473.192, 218.22 subdivision 2, is amended to read: 218.23 Subd. 2. [DEFINITIONS.] For purposes of this section, 218.24 "metropolitan area" has the meaning given it in section 473.121, 218.25 subdivision 2. "Aviation policy plan" means the plan adopted by 218.26 themetropolitan counciloffice of strategic and long-range 218.27 planning pursuant to section 473.145. "Municipality" has the 218.28 meaning provided by section 462.352, subdivision 2. 218.29 Sec. 2. Minnesota Statutes 1998, section 473.192, 218.30 subdivision 3, is amended to read: 218.31 Subd. 3. [ORDINANCE.] A municipality in the metropolitan 218.32 area that, in part or in whole, is within the aircraft noise 218.33 zones designated in the aviation policy plan may adopt and 218.34 enforce ordinances and controls to regulate building 218.35 construction methods and materials for the purpose of 218.36 attenuating aircraft noise in habitable buildings in and around 219.1 the noise zone. The ordinance or control shall not apply to 219.2 remodeling or rehabilitating an existing residential building 219.3 nor to the construction of an appurtenance to an existing 219.4 residential building. An ordinance adopted by a municipality 219.5 must be adequate to implement themetropolitan council'soffice 219.6 of strategic and long-range planning's guidelines for land use 219.7 compatibility with aircraft noise. Section 16B.62 does not 219.8 apply to ordinances adopted under this section. 219.9 Sec. 3. Minnesota Statutes 1998, section 473.601, is 219.10 amended by adding a subdivision to read: 219.11 Subd. 7. [OFFICE OF STRATEGIC AND LONG-RANGE 219.12 PLANNING.] "Office of strategic and long-range planning" or 219.13 "office" means the agency established under section 4A.01. 219.14 Sec. 4. Minnesota Statutes 1998, section 473.602, is 219.15 amended to read: 219.16 473.602 [DECLARATION OF PURPOSES.] 219.17 It is the purpose of sections 473.601 to 473.679 to: 219.18 (1) promote the public welfare and national security; serve 219.19 public interest, convenience, and necessity; promote air 219.20 navigation and transportation, international, national, state, 219.21 and local, in and through this state; promote the efficient, 219.22 safe, and economical handling of air commerce; assure the 219.23 inclusion of this state in national and international programs 219.24 of air transportation; and to those ends to develop the full 219.25 potentialities of the metropolitan area in this state as an 219.26 aviation center, and to correlate that area with all aviation 219.27 facilities in the entire state so as to provide for the most 219.28 economical and effective use of aeronautic facilities and 219.29 services in that area; 219.30 (2) assure the residents of the metropolitan area of the 219.31 minimum environmental impact from air navigation and 219.32 transportation, and to that end provide for noise abatement, 219.33 control of airport area land use, and other protective measures; 219.34 and 219.35 (3) promote the overall goals of the state's environmental 219.36 policies and minimize the public's exposure to noise and safety 220.1 hazards around airports. 220.2 To achieve these purposes, the corporation shall cooperate 220.3 with and assist themetropolitan counciloffice of strategic and 220.4 long-range planning, the federal government, the commissioner of 220.5 transportation of this state, the pollution control agency, and 220.6 others engaged in aeronautics or the promotion and regulation of 220.7 aeronautics and shall seek to coordinate its activities with the 220.8 aeronautical activities of these bodies. 220.9 Sec. 5. Minnesota Statutes 1998, section 473.604, 220.10 subdivision 1, is amended to read: 220.11 Subdivision 1. [COMPOSITION.] The commission consists of: 220.12 (1) the mayor of each of the cities, or a qualified voter 220.13 appointed by the mayor, for the term of office as mayor; 220.14 (2) eight members, appointed by the governor from each of 220.15 thefollowing agencycommission districts:220.16(i) district A, consisting of council districts 1 and 2;220.17(ii) district B, consisting of council districts 3 and 4;220.18(iii) district C, consisting of council districts 5 and 6;220.19(iv) district D, consisting of council districts 7 and 8;220.20(v) district E, consisting of council districts 9 and 10;220.21(vi) district F, consisting of council districts 11 and 12;220.22(vii) district G, consisting of council districts 13 and220.2314; and220.24(viii) district H, consisting of council districts 15 and220.2516provided for in section 473.5025, subdivision 3. 220.26 Each member shall be a resident of the district represented. 220.27 Before making an appointment, the governor shall consult with 220.28 each member of the legislature from the district for which the 220.29 member is to be appointed, to solicit the legislator's 220.30 recommendation on the appointment; 220.31 (3) four members appointed by the governor from outside of 220.32 the metropolitan area to reflect fairly the various regions and 220.33 interests throughout the state that are affected by the 220.34 operation of the commission's major airport and airport system. 220.35 Two of these members must be residents of statutory or home rule 220.36 charter cities, towns, or counties containing an airport 221.1 designated by the commissioner of transportation as a key 221.2 airport. The other two must be residents of statutory or home 221.3 rule charter cities, towns, or counties containing an airport 221.4 designated by the commissioner of transportation as an 221.5 intermediate airport. The members must be appointed by the 221.6 governor as follows: one for a term of one year, one for a term 221.7 of two years, one for a term of three years, and one for a term 221.8 of four years. All of the terms start on July 1, 1989. The 221.9 successors of each member must be appointed to four-year terms 221.10 commencing on the first Monday in January of each fourth year 221.11 after the expiration of the original term. Before making an 221.12 appointment, the governor shall consult each member of the 221.13 legislature representing the municipality or county from which 221.14 the member is to be appointed, to solicit the legislator's 221.15 recommendation on the appointment; and 221.16 (4) a chair appointed by the governor for a term of four 221.17 years. The chair may be removed at the pleasure of the governor. 221.18 Sec. 6. Minnesota Statutes 1998, section 473.608, 221.19 subdivision 19, is amended to read: 221.20 Subd. 19. [ACOUSTICAL BARRIERS.] The corporation shall 221.21 construct an acoustical barrier in or along the perimeter of 221.22 maintenance areas of the Minneapolis-St. Paul International 221.23 Airport. It also shall construct acoustical barriers along the 221.24 perimeter of runways of such airport where it is reasonably 221.25 necessary, practical and safe to do so according to the 221.26 standards of the Federal Aviation Administration. All barriers 221.27 shall conform to specifications approved by the pollution 221.28 control agency. For purposes of this subdivision, an acoustical 221.29 barrier is a wall, fence, natural barrier such as an earthen 221.30 barrier or trees designed to abate noise. The corporation shall 221.31 also confer and cooperate with any entity which it creates for 221.32 the purpose of studying and implementing sound abatement 221.33 programs and with representatives of persons residing in the 221.34 vicinity of any airport who desire to explore means for 221.35 relieving the area of the detrimental effects of aircraft noise. 221.36 Notwithstanding the provisions of any other law none of the 222.1 construction authorized by this subdivision shall be subject to 222.2 review or approval by themetropolitan counciloffice of 222.3 strategic and long-range planning. 222.4 Sec. 7. Minnesota Statutes 1998, section 473.611, 222.5 subdivision 5, is amended to read: 222.6 Subd. 5. [NEW OR EXISTING AIRPORTS.] Any long-term 222.7 comprehensive plans adopted by the commission for the betterment 222.8 and enlargement of existing airports, for the acquisition and 222.9 construction of new airports, and for the categories of use of 222.10 airports owned or controlled by the commission shall be 222.11 consistent with the development guide of themetropolitan222.12counciloffice of strategic and long-range planning. 222.13 Sec. 8. Minnesota Statutes 1998, section 473.621, 222.14 subdivision 6, is amended to read: 222.15 Subd. 6. [CAPITAL PROJECTS; REVIEW.] All Minneapolis-St. 222.16 Paul International Airport capital projects of the commission 222.17 requiring the expenditure of more than $5,000,000 shall be 222.18 submitted to themetropolitan counciloffice of strategic and 222.19 long-range planning for review. All other capital projects of 222.20 the commission requiring the expenditure of more than $2,000,000 222.21 shall be submitted to themetropolitan counciloffice of 222.22 strategic and long-range planning for review. No such project 222.23 that has a significant effect on the orderly and economic 222.24 development of the metropolitan area may be commenced without 222.25 the approval of themetropolitan counciloffice of strategic and 222.26 long-range planning. In addition to any other criteria applied 222.27 by themetropolitan counciloffice in reviewing a proposed 222.28 project, thecounciloffice shall not approve a proposed project 222.29 unless thecounciloffice finds that the commission has 222.30 completed a process intended to provide affected municipalities 222.31 the opportunity for discussion and public participation in the 222.32 commission's decision-making process. An "affected 222.33 municipality" is any municipality that (1) is adjacent to a 222.34 commission airport, (2) is within the noise zone of a commission 222.35 airport, as defined in the metropolitan development guide, or 222.36 (3) has notified the commission's secretary that it considers 223.1 itself an "affected municipality." Thecounciloffice must at a 223.2 minimum determine that the commission: 223.3 (a) provided adequate and timely notice of the proposed 223.4 project to each affected municipality; 223.5 (b) provided to each affected municipality a complete 223.6 description of the proposed project; 223.7 (c) provided to each affected municipality notices, 223.8 agendas, and meeting minutes of all commission meetings, 223.9 including advisory committee meetings, at which the proposed 223.10 project was to be discussed or voted on in order to provide the 223.11 municipalities the opportunity to solicit public comment and 223.12 participate in the project development on an ongoing basis; and 223.13 (d) considered the comments of each affected municipality. 223.14 Sec. 9. Minnesota Statutes 1998, section 473.638, is 223.15 amended to read: 223.16 473.638 [CONTROL MEASURE INVOLVING TAKING; CONDEMNATION BY 223.17 MAC.] 223.18 Subd. 2. [RETENTION OR SALE OF PROPERTY.] The commission 223.19 may retain any property now owned by it or acquired under 223.20 subdivision 1 and use it for a lawful purpose, or it may provide 223.21 for the sale or other disposition of the property in accordance 223.22 with a redevelopment plan in the same manner and upon the same 223.23 terms as the housing and redevelopment authority and governing 223.24 body of a municipality under the provisions of section 469.029, 223.25 all subject to existing land use and development control 223.26 measures approved by thecounciloffice. 223.27 Subd. 3. [SHARING OF COSTS.] The metropolitan airports 223.28 commission and any other government unit in the metropolitan 223.29 area may enter into an agreement under which the cost of 223.30 acquiring a property and the proceeds from the sale or other 223.31 disposition of it under subdivision 2 are to be shared by the 223.32 commission and such government unit. The commission, the 223.33metropolitan counciloffice, or any government unit may also 223.34 enter into any agreements with the United States or the state of 223.35 Minnesota, or any agency or subdivision of either, and do all 223.36 acts and things required by state or federal law or rules as a 224.1 condition or consideration for the loan or grant of funds or 224.2 property for the purpose of land acquisition or improvement 224.3 under subdivisions 1 and 2. 224.4 Sec. 10. Minnesota Statutes 1998, section 473.64, is 224.5 amended to read: 224.6 473.64 [GOVERNMENTS IN AIRPORT DEVELOPMENT AREA; TAX 224.7 SHARING.] 224.8 The governing bodies of government units located wholly or 224.9 partly in an airport development area shall jointly study and 224.10 decide upon a plan for the sharing of property tax revenues 224.11 derived from property located in an airport development area. 224.12 If 80 percent of the government units having territory within 224.13 the airport development area agree upon a plan, the plan is 224.14 effective, and all government units shall enter into whatever 224.15 agreements may be necessary for this purpose. The plan, 224.16 however, may not impair the existing contract obligations of any 224.17 government unit. This section does not apply to the 224.18 metropolitan airports commissionor the council. 224.19 Sec. 11. Minnesota Statutes 1998, section 473.655, is 224.20 amended to read: 224.21 473.655 [PUBLIC AND GOVERNMENTAL PURPOSES.] 224.22 It is hereby determined and declared that the purposes of 224.23 sections 473.601 to 473.679 are public and governmental; that 224.24 the development of the metropolitan airports system by the 224.25 corporation be consistent with the airport chapter of the 224.26 metropolitancouncil'sdevelopment guide and promote the public 224.27 safety and welfare of the state; and that the development, 224.28 extension, maintenance, and operation of the system in such a 224.29 manner as to assure the residents of the metropolitan area of 224.30 the minimum environmental impact from air navigation and 224.31 transportation, with provision for noise abatement, control of 224.32 airport area land use, and other protective measures, is 224.33 essential to the development of air navigation and 224.34 transportation in and through this state, and is necessary in 224.35 order to assure the inclusion of this state in national and 224.36 international systems of air transportation, benefits the people 225.1 of the state as a whole, renders a general public service, and 225.2 provides employment, and is of great public economic benefit. 225.3 Sec. 12. Minnesota Statutes 1998, section 473.667, 225.4 subdivision 8, is amended to read: 225.5 Subd. 8. [REFUNDING DEFICIENCIES.] If in any year the 225.6 revenues available for transfer to the debt service fund are or 225.7 will in the judgment of the commission be insufficient to 225.8 produce the balance required thereon on October 10 under the 225.9 provisions of subdivision 4, or to make any interest or 225.10 principal payment due on certificates of indebtedness issued 225.11 under the provisions of subdivision 10, the commission may, with 225.12 the approval of thecounciloffice, issue refunding bonds and 225.13 appropriate the proceeds to the debt service fund in the amount 225.14 needed to restore the deficiency, provided that the refunding 225.15 bonds shall not mature earlier than the date or dates when the 225.16 commission estimates that the revenues from enforced or 225.17 increased rates, fees, charges, and rentals will be sufficient 225.18 to pay them and to meet all other requirements of the debt 225.19 service fund as stated in subdivision 4. 225.20 Sec. 13. [REPEALER.] 225.21 Minnesota Statutes 1998, sections 473.616; 473.618; and 225.22 473.619, are repealed. 225.23 Sec. 14. [EFFECTIVE DATE.] 225.24 This article is effective July 1, 2001. 225.25 ARTICLE 7 225.26 METROPOLITAN LAND USE PLANNING REPEALED 225.27 Section 1. [REPEALER.] 225.28 Minnesota Statutes 1998, sections 473.1455; 473.175; 225.29 473.181; 473.206; 473.208; 473.851; 473.852; 473.853; 473.854; 225.30 473.856; 473.857; 473.858; 473.859; 473.86; 473.861; 473.862; 225.31 473.863; 473.864; 473.865; 473.866; 473.867; 473.868; 473.869; 225.32 473.87; and 473.871, are repealed. 225.33 Sec. 2. [EFFECTIVE DATE.] 225.34 This article is effective July 1, 2001. 225.35 ARTICLE 8 225.36 HOUSING AND LIVABLE COMMUNITIES 226.1 Section 1. Minnesota Statutes 1998, section 473.25, is 226.2 amended to read: 226.3 473.25 [LIVABLE COMMUNITIES CRITERIA AND GUIDELINES.] 226.4 (a) Thecouncilhousing finance agency shall establish 226.5 criteria for uses of the fund provided in section 473.251 that 226.6 are consistent with and promote the purposes of this article and 226.7 the policies of the metropolitan development guideadopted by226.8the councilincluding, but not limited to: 226.9 (1) helping to change long-term market incentives that 226.10 adversely impact creation and preservation of living-wage jobs 226.11 in the fully developed area; 226.12 (2) creating incentives for developing communities to 226.13 include a full range of housing opportunities; 226.14 (3) creating incentives to preserve and rehabilitate 226.15 affordable housing in the fully developed area; and 226.16 (4) creating incentives for all communities to implement 226.17 compact and efficient development. 226.18 (b) Thecouncilhousing finance agency shall establish 226.19 guidelines for the livable community demonstration account for 226.20 projects that thecouncilhousing finance agency would consider 226.21 funding with either grants or loans. The guidelines must 226.22 provide that the projects will: 226.23 (1) interrelate development or redevelopment and transit; 226.24 (2) interrelate affordable housing and employment growth 226.25 areas; 226.26 (3) intensify land use that leads to more compact 226.27 development or redevelopment; 226.28 (4) involve development or redevelopment that mixes incomes 226.29 of residents in housing, including introducing or reintroducing 226.30 higher value housing in lower income areas to achieve a mix of 226.31 housing opportunities; or 226.32 (5) encourage public infrastructure investments which 226.33 connect urban neighborhoods and suburban communities, attract 226.34 private sector redevelopment investment in commercial and 226.35 residential properties adjacent to the public improvement, and 226.36 provide project area residents with expanded opportunities for 227.1 private sector employment. 227.2 (c) Thecouncilhousing finance agency shall establish 227.3 guidelines governing who may apply for a grant or loan from the 227.4 fund, providing priority for proposals using innovative 227.5 partnerships between government, private for-profit, and 227.6 nonprofit sectors. 227.7 (d) Thecouncilhousing finance agency shall prepare an 227.8 annual plan for distribution of the fund based on the criteria 227.9 for project and applicant selection. 227.10 (e) Thecouncilhousing finance agency shall prepare and 227.11 submit to the legislature, as provided in section 3.195, an 227.12 annual report on the metropolitan livable communities fund. The 227.13 report must include information on the amount of money in the 227.14 fund, the amount distributed, to whom the funds were distributed 227.15 and for what purposes, and an evaluation of the effectiveness of 227.16 the projects funded in meeting the policies and goals of the 227.17 council. The report may make recommendations to the legislature 227.18 on changes to Laws 1995, chapter 255. 227.19 Sec. 2. Minnesota Statutes 1999 Supplement, section 227.20 473.251, is amended to read: 227.21 473.251 [METROPOLITAN LIVABLE COMMUNITIES FUND.] 227.22 The metropolitan livable communities fund is created and 227.23 consists of the following accounts: 227.24 (1)the tax base revitalization account;227.25(2)the livable communities demonstration account; 227.26(3)(2) the local housing incentives account; and 227.27(4)(3) the inclusionary housing account. 227.28 Sec. 3. Minnesota Statutes 1998, section 473.253, is 227.29 amended to read: 227.30 473.253 [LIVABLE COMMUNITIES DEMONSTRATION ACCOUNT.] 227.31 Subdivision 1. [SOURCES OF FUNDS.] ThecouncilMinnesota 227.32 housing finance agency shall credit to the livable communities 227.33 demonstration account the revenues provided in this 227.34 subdivision. This tax shall be levied and collected in the 227.35 manner provided by section 473.13. The levy shall not exceed 227.36 the following amountfor the years specified: 228.1 (a)(1) for taxes payable in 1996, 50 percent of (i) the228.2metropolitan mosquito control commission's property tax levy for228.3taxes payable in 1995 multiplied by (ii) an index for market228.4valuation changes equal to the total market valuation of all228.5taxable property located within the metropolitan area for the228.6current taxes payable year divided by the total market valuation228.7of all taxable property located in the metropolitan area for the228.8previous taxes payable year; and228.9(2) for taxes payable in 1997 and subsequent years,The 228.10 product of(i)(1) the property tax levy limit under this 228.11 subdivision for the previous year multiplied by(ii)(2) an 228.12 index for market valuation changes equal to the total market 228.13 valuation of all taxable property located within the 228.14 metropolitan area for the current taxes payable year divided by 228.15 the total market valuation of all taxable property located in 228.16 the metropolitan area for the previous taxes payable year. 228.17 For the purposes of this subdivision, "total market 228.18 valuation" means the total market valuation of all taxable 228.19 property within the metropolitan area without valuation 228.20 adjustments for fiscal disparities under chapter 473F, tax 228.21 increment financing under sections 469.174 to 469.179, and high 228.22 voltage transmission lines under section 273.425. 228.23 (b) The metropolitancouncilarea as defined in section 228.24 473.121, subdivision 2, for the purposes of the fund, is 228.25 considered a unique taxing jurisdiction for purposes of 228.26 receiving aid pursuant to section 273.1398.For aid to be228.27received in 1996, the fund's homestead and agricultural credit228.28base shall equal 50 percent of the metropolitan mosquito control228.29commission's certified homestead and agricultural credit aid for228.301995, determined under section 273.1398, subdivision 2, less any228.31permanent aid reduction under section 477A.0132.For aid to be 228.32 received under section 273.1398in 1997 and subsequent years, 228.33 the fund's homestead and agricultural credit base shall be 228.34 determined in accordance with section 273.1398, subdivision 1. 228.35 Subd. 2. [DISTRIBUTION OF FUNDS.] Thecouncilhousing 228.36 finance agency shall use the funds in the livable communities 229.1 demonstration account to make grants or loans to municipalities 229.2 participating in the local housing incentives program under 229.3 section 473.254 or to metropolitan area counties to fund the 229.4 initiatives specified in section 473.25, paragraph (b), in 229.5 participating municipalities. 229.6 Sec. 4. Minnesota Statutes 1998, section 473.254, is 229.7 amended to read: 229.8 473.254 [LOCAL HOUSING INCENTIVES ACCOUNT.] 229.9 Subdivision 1. [PARTICIPATION.] (a) By November 15 of each 229.10 year, a municipality may elect to participate in the local 229.11 housing incentive account program. If a municipality does not 229.12 elect to participate for the year, it is not subject to this 229.13 section. For purposes of this section, municipality means a 229.14 municipality electing to participate in the local housing 229.15 incentive account program, unless the context indicates 229.16 otherwise. 229.17 (b) A municipality that elects to participate may receive 229.18 grants or loans from thetax base revitalization account,229.19 livable communities demonstration account,or the local housing 229.20 incentive account. A municipality that does not participate is 229.21 not eligible to receive a grant under sections 116J.551 to 229.22 116J.557.The council, when making discretionary funding229.23decisions, shall give consideration to a municipality's229.24participation in the local housing incentives program.229.25 Subd. 2. [AFFORDABLE, LIFE-CYCLE GOALS.] Thecouncil229.26 housing finance agency shall negotiate with each municipality to 229.27 establish affordable and life-cycle housing goals for that 229.28 municipality that are consistent with and promote the 229.29 policiesof the metropolitan council as providedin theadopted229.30 metropolitan development guide.The council shall adopt, by229.31resolution after a public hearing, the negotiated affordable and229.32life-cycle housing goals for each municipality by January 15,229.331996. By June 30, 1996, each municipality shall identify to the229.34council the actions it plans to take to meet the established229.35housing goals.229.36 Subd. 3. [AFFORDABLE, LIFE-CYCLE OPPORTUNITIES AMOUNT.] 230.1 (1) By July 1, 1996, each county assessor shall certify each 230.2 municipality's average residential homestead limited market 230.3 value for the 1994 assessment year, including the value of the 230.4 farm house, garage, and one acre only in the case of farm 230.5 homesteads, multiplied by a factor of two, as the municipality's 230.6 "market value base amount." For 1997 and thereafter, the 230.7 "market value base amount" shall be equal to the product of (i) 230.8 the market value base amount for the previous year multiplied by 230.9 (ii) the annual average United States Consumer Price Index for 230.10 all urban consumers, United States average, as determined by the 230.11 United States Department of Labor, for the previous year divided 230.12 by that annual average for the year before the previous year. 230.13 (2) By July 1, 1996, and each succeeding year the county 230.14 assessor shall determine which homesteads have market values in 230.15 excess of the municipality's market value base amount and the 230.16 county auditor shall certify the aggregate net tax capacity 230.17 corresponding to the amount by which those homesteads' market 230.18 values exceed the municipality's market value base amount as the 230.19 "net tax capacity excess amount" for the assessment year 230.20 corresponding to the current taxes payable year. By July 1, 230.21 1996, the county auditor shall also certify the net tax capacity 230.22 excess amount for taxes payable in 1995. 230.23 (3) By July 1, 1996, and each succeeding year, the county 230.24 auditor shall also certify each municipality's local tax rate 230.25 for the current taxes payable year. 230.26 (4) By July 1, 1996, and each succeeding year, the county 230.27 auditor shall certify for each municipality the amount equal to 230.28 four percent of the municipality's current year total 230.29 residential homestead tax capacity multiplied by the local tax 230.30 rate. 230.31 (5) By August 1, 1996, andeachsucceedingyear, the 230.32metropolitan councilhousing finance agency shall notify each 230.33 municipality of its "affordable and life-cycle housing 230.34 opportunities amount" for the following calendar year equal to 230.35 the lesser of the amount certified under clause (4) or the 230.36 amount, if any, by which the net tax capacity excess amount for 231.1 the current year exceeds the amount for taxes payable in 1995, 231.2 multiplied by the municipality's local tax rate certified in 231.3 clause (3). 231.4 Subd. 4. [AFFORDABLE AND LIFE-CYCLE HOUSING REQUIREMENT.] 231.5 (a) A municipality that is determined by thecouncilhousing 231.6 finance agency to have met its affordable and life-cycle housing 231.7 goals in the previous calendar year may retain the amount 231.8 calculated under subdivision 3 to maintain existing affordable 231.9 and life-cycle housing. 231.10 (b) In 1998, and thereafter, a municipality that is 231.11 determined by thecouncilhousing finance agency not to have met 231.12 the affordable and life-cycle housing goals in the previous 231.13 calendar year, as negotiated and agreed to with thecouncil231.14 housing finance agency, and not to have spent 85 percent of its 231.15 affordable and life-cycle housing opportunities amount to create 231.16 affordable and life-cycle housing opportunities in the previous 231.17 calendar year must do one of the following with the affordable 231.18 and life-cycle housing opportunities amount for the previous 231.19 year as determined under subdivision 3: 231.20 (1) distribute it to the local housing incentives account; 231.21 or 231.22 (2) distribute it to the housing and redevelopment 231.23 authority of the city or county in which the municipality is 231.24 located to create affordable and life-cycle housing 231.25 opportunities in the municipality. 231.26 A municipality may enter into agreements with adjacent 231.27 municipalities to cooperatively provide affordable and 231.28 life-cycle housing. The housing may be provided in any of the 231.29 cooperating municipalities, but must meet the combined housing 231.30 goals of each participating municipality. 231.31 Subd. 5. [SOURCES OF FUNDS.] (a) Thecouncilhousing 231.32 finance agency shall credit to the local housing incentives 231.33 account any revenues derived from municipalities under 231.34 subdivision 4, paragraph (b), clause (1). 231.35 (b)The council shall creditThere is credited $1,000,000 231.36 of the proceeds of solid waste bonds issued by the former 232.1 metropolitan council under Minnesota Statutes, section 473.831, 232.2 before its repeal, to the local housing incentives account in 232.3 the metropolitan livable communities fund. In 1998 and each 232.4 year thereafter, thecouncil shallhousing finance agency may 232.5 credit up to $1,000,000 oftheits other revenuesgenerated by232.6the levy authorized in section 473.249to the local housing 232.7 incentives account. 232.8 (c) In 1997, and each year thereafter, thecouncilhousing 232.9 finance agency shall transfer $500,000 from the livable 232.10 communities demonstration account to the local housing 232.11 incentives account. 232.12 Subd. 6. [DISTRIBUTION OF FUNDS.] The funds in the account 232.13 must be distributed annually by thecouncilhousing finance 232.14 agency to municipalities that: 232.15 (1) have not met their affordable and life-cycle housing 232.16 goals as determined by thecouncilhousing finance agency; and 232.17 (2) are actively funding projects designed to help meet the 232.18 goals. 232.19 The funds distributed by thecouncilhousing finance agency 232.20 must be matched on a dollar-for-dollar basis by the municipality 232.21 receiving the funds. When distributing funds in the account, 232.22 thecouncilhousing finance agency must give priority to those 232.23 municipalities that (1) have contribution net tax capacities 232.24 that exceed their distribution net tax capacities by more than 232.25 $200 per household, (2) demonstrate the proposed project will 232.26 link employment opportunities with affordable and life-cycle 232.27 housing, and (3) provide matching funds from a source other than 232.28 the required amount under subdivision 3. For the purposes of 232.29 this subdivision, "municipality" means a statutory or home rule 232.30 charter city or town in the metropolitan area. 232.31 Subd. 7. [REPORT TOCOUNCILAGENCY.] Beginning January 15, 232.32 1998, and annually thereafter, each municipality must report to 232.33 thecouncilhousing finance agency the following: 232.34 (1) the tax revenues defined in subdivision 3 that were 232.35 levied in the prior year; 232.36 (2) the portion of the revenues that were spent on meeting 233.1 the municipality's affordable and life-cycle housing goals; and 233.2 (3) information on how the expenditures directly support 233.3 the municipality's efforts to meet its affordable and life-cycle 233.4 housing goals. 233.5 Thecouncilhousing finance agency shall verify each 233.6 municipality's compliance with this subdivision. 233.7 Subd. 8. [LATER ELECTION TO PARTICIPATE.] If a 233.8 municipality did not participate for one or more years and 233.9 elects later to participate, the municipality must establish 233.10 that it has spent or agrees to spend on affordable and 233.11 life-cycle housing, or agrees to distribute to the local housing 233.12 incentives account, an amount equivalent to what it would have 233.13 spent on affordable and life-cycle housing had goals been 233.14 established under this section for the period in which it was 233.15 not participating. Thecouncilhousing finance agency will 233.16 determine which investments count toward the required cumulative 233.17 investment amount by comparing the municipality to participating 233.18 municipalities similar in terms of stage of development and 233.19 demographics. If it determines it to be in the best interests 233.20 of the region, thecouncilhousing finance agency may waive a 233.21 reasonable portion of the cumulative investment amount. 233.22 Subd. 9. [REPORT TO LEGISLATURE.] By February 1 of each 233.23 year, thecouncilhousing finance agency must report to the 233.24 legislature the municipalities that have elected to participate 233.25 and not to participate under subdivision 1. This report must be 233.26 filed as provided in section 3.195. 233.27 Subd. 10. [METRO REPORT CARD.] Themetropolitan233.28councilhousing finance agency shall present to the legislature 233.29 and release to the public by November 15, 1996, and each year 233.30 thereafter a comprehensive report card on affordable and 233.31 life-cycle housing in each municipality in the metropolitan 233.32 area. The report card must include information on government, 233.33 nonprofit, and marketplace efforts. 233.34 Sec. 5. Minnesota Statutes 1999 Supplement, section 233.35 473.255, is amended to read: 233.36 473.255 [INCLUSIONARY HOUSING ACCOUNT.] 234.1 Subdivision 1. [DEFINITIONS.] (a) "Inclusionary housing 234.2 development" means a new construction development, including 234.3 owner-occupied or rental housing, or a combination of both, with 234.4 a variety of prices and designs which serve families with a 234.5 range of incomes and housing needs. 234.6 (b) "Municipality" means a statutory or home rule charter 234.7 city or town participating in the local housing incentives 234.8 program under section 473.254. 234.9 Subd. 2. [APPLICATION CRITERIA.] Themetropolitan234.10councilhousing finance agency must give preference to 234.11 economically viable proposals to the degree that they: (1) use 234.12 innovative building techniques or materials to lower 234.13 construction costs while maintaining high quality construction 234.14 and livability; (2) are located in communities that have 234.15 demonstrated a willingness to waive local restrictions which 234.16 otherwise would increase costs of construction; and (3) include 234.17 units affordable to households with incomes at or below 80 234.18 percent of area median income. 234.19 Priority shall be given to proposals where at least 15 234.20 percent of the owner-occupied units are affordable to households 234.21 at or below 60 percent of the area annual median income and at 234.22 least ten percent of the rental units are affordable to 234.23 households at or below 30 percent of area annual median income. 234.24 An inclusionary housing development may include resale 234.25 limitations on its affordable units. The limitations may 234.26 include a minimum ownership period before a purchaser may profit 234.27 on the sale of an affordable unit. 234.28 Cost savings from regulatory incentives must be reflected 234.29 in the sale of all residences in an inclusionary development. 234.30 Subd. 3. [INCLUSIONARY HOUSING INCENTIVES.] The 234.31metropolitan councilhousing finance agency may work with 234.32 municipalities and developers to provide incentives to 234.33 inclusionary housing developments such as waiver of service 234.34 availability charges and other regulatory incentives that would 234.35 result in identifiable cost avoidance or reductions for an 234.36 inclusionary housing development. 235.1 Subd. 4. [INCLUSIONARY HOUSING GRANTS.] Thecouncil235.2 housing finance agency shall use funds in the inclusionary 235.3 housing account to make grants or loans to municipalities to 235.4 fund the production of inclusionary housing developments that 235.5 are located in municipalities that offer incentives to assist in 235.6 the production of inclusionary housing. Such incentives include 235.7 but are not limited to: density bonuses, reduced setbacks and 235.8 parking requirements, decreased roadwidths, flexibility in site 235.9 development standards and zoning code requirements, waiver of 235.10 permit or impact fees, fast-track permitting and approvals, or 235.11 any other regulatory incentives that would result in 235.12 identifiable cost avoidance or reductions that contribute to the 235.13 economic feasibility of inclusionary housing. 235.14 Subd. 5. [GRANT APPLICATION.] A grant application must at 235.15 a minimum include the location of the inclusionary development, 235.16 the type of housing to be produced, the number of affordable 235.17 units to be produced, the monthly rent, or purchase price of the 235.18 affordable units, and the incentives provided by the 235.19 municipality to achieve development of the affordable units. 235.20 Sec. 6. [HOUSING BOND CREDIT ENHANCEMENT PROGRAM 235.21 ADMINISTRATION.] 235.22 The Minnesota housing finance agency and the metropolitan 235.23 council shall prepare legislation for the 2001 legislative 235.24 session to provide for administration of the housing bond credit 235.25 enhancement program authorized under Minnesota Statutes, section 235.26 473.197. 235.27 Sec. 7. [TRANSFER TO MINNESOTA HOUSING FINANCE AGENCY.] 235.28 Assets, appropriations, and other financial or other types 235.29 of records related to the metropolitan livable communities fund 235.30 are transferred to the Minnesota housing finance agency for the 235.31 purposes of this article. 235.32 Sec. 8. [REPEALER.] 235.33 Minnesota Statutes 1998, sections 473.194; 473.195; 235.34 473.197; 473.199; 473.201; and 473.252, are repealed. 235.35 Sec. 9. [EFFECTIVE DATE.] 235.36 Sections 1 to 5, 7, and 8 are effective July 1, 2001. 236.1 Section 6 is effective the day following final enactment. 236.2 ARTICLE 9 236.3 METROPOLITAN AREA PUBLIC SAFETY RADIO 236.4 Section 1. Minnesota Statutes 1998, section 473.891, 236.5 subdivision 2, is amended to read: 236.6 Subd. 2. [BOARDCOMMISSIONER.]"Board" or "radio236.7board""Commissioner" means themetropolitan radio236.8boardcommissioner of transportation. 236.9 Sec. 2. Minnesota Statutes 1998, section 473.891, 236.10 subdivision 7, is amended to read: 236.11 Subd. 7. [PLAN.] "Plan" or "regionwide public safety radio 236.12 system communication plan" means the planadopted by the236.13metropolitan radio board for a regionwide public safety radio236.14communications systemdescribed in section 473.894, subdivision 236.15 2. 236.16 Sec. 3. Minnesota Statutes 1998, section 473.894, 236.17 subdivision 1, is amended to read: 236.18 Subdivision 1. [GENERAL.] Theboardcommissioner has the 236.19 powers necessary and convenient to discharge the duties imposed 236.20 onitthe commissioner by law, including those listed in this 236.21 section. 236.22 Sec. 4. Minnesota Statutes 1998, section 473.894, 236.23 subdivision 2, is amended to read: 236.24 Subd. 2. [PLANNINGPLAN.] Theboard shall review and,236.25within 90 days of the effective date of Laws 1995, chapter 195,236.26adopt theregionwide public safety radio system communication 236.27 planprepared by the metropolitan radio systems planning236.28committee pursuant to Laws 1993, chapter 313, section 3,236.29subdivision 2adopted by the commissioner, for using the 800 236.30 megahertz and other frequencies available for public safety 236.31 use. The planmust include, at a minimum: 236.32 (1) a system designrecommended by the Minnesota236.33commissioner of transportationfor the first phase consisting of 236.34 a shared regionwide infrastructure network; 236.35 (2) a system design for subsequent phases; and 236.36 (3) a plan for assignment of frequencies to the regional 237.1 network and to each subsystem. 237.2No later than 30 days prior to adoption of the plan by the237.3board, the board shall submit the plan to the metropolitan237.4council for review in accordance with section 473.165, clause237.5(1). The council may make comments to the board about the plan237.6in accordance with section 473.165, clause (2), except that the237.7deadline for comments shall be made within 30 days after237.8submission of the plan to the council.237.9If, within the 30-day review period, the council has made237.10no comment on the plan or has made no findings as provided in237.11section 473.165, clause (2), the plan shall go into effect as of237.12the date of adoption by the board.237.13If, within the 30-day review period, the council has made237.14findings as provided in section 473.165, clause (2), the board237.15and the council shall follow the procedure provided in section237.16473.165, clause (2). The board may adopt revisions to the plan237.17in the same manner as is provided in this subdivision for237.18adoption of the plan.237.19 Sec. 5. Minnesota Statutes 1998, section 473.894, 237.20 subdivision 3, is amended to read: 237.21 Subd. 3. [APPLICATION TO FCC.]Within 180 days from237.22adoption of the regionwide public safety radio system237.23communication planThe commissionerof transportation, on behalf 237.24 of the state of Minnesota, shall use the plan adoptedby the237.25boardunder subdivision 2 to submit an extended implementation 237.26 application to the Federal Communications Commission (FCC) for 237.27 the NPSPAC channels and other public safety frequencies 237.28 available for use in the metropolitan area and necessary to 237.29 implement the plan. Local governments and all other public or 237.30 private entities eligible under part 90 of the FCC rules shall 237.31 not apply for public safety channels in the 821 to 824 and 866 237.32 to 869 megahertz bands for use within the metropolitan counties 237.33 until the FCC takes final action on the regional application 237.34 submitted under this section. Exceptions to the restrictions on 237.35 the application for the NPSPAC channels may be granted by the 237.36radio boardcommissioner. The Minnesota department of 238.1 transportation shall hold the master system licenses for all 238.2 public safety frequencies assigned to the first phase under 238.3 theboard'splan and these channels shall be used for the 238.4 implementation of the plan. The radio board shall hold the 238.5 master system licenses for the public safety frequencies 238.6 assigned to local government subsystems under the board's plan 238.7 and these channels shall be used for implementation of the 238.8 plan. Upon approval by the board of a local government's 238.9 subsystem plan and evidence of a signed contract with a vendor 238.10 for construction of a subsystem consistent with the board's 238.11 system plan, the board shall apply to the FCC to transfer to the 238.12 local government the licenses for the public safety frequencies 238.13 assigned by the plan for use in the network infrastructure owned 238.14 by the local government. The radio board, the commissioner of 238.15 Minnesota department of transportation, and local subsystem 238.16 owners shall jointly colicense all subscriber equipment for the 238.17 backbone system. 238.18 Sec. 6. Minnesota Statutes 1998, section 473.894, 238.19 subdivision 4, is amended to read: 238.20 Subd. 4. [PLAN IMPLEMENTATION.] Theboardcommissioner 238.21 shall supervise the implementation of the regionwide public 238.22 safety radio system communication plan adopted under subdivision 238.23 2 and must ensure that the system is built, owned, operated, and 238.24 maintained in accordance with the plan. Theboardcommissioner 238.25 will work with the region 22 NPSPAC committee to incorporate the 238.26board'scommissioner's adopted plan into federal communication 238.27 system regulations. 238.28 Sec. 7. Minnesota Statutes 1998, section 473.894, 238.29 subdivision 5, is amended to read: 238.30 Subd. 5. [REQUIRED MINIMUM LEVEL OF SERVICE FOR LOCAL 238.31 GOVERNMENTS.] Subject to system capacity and channel 238.32 availability, theboardcommissioner shall ensure that all local 238.33 governments, quasi-public service operations, and private 238.34 entities in the metropolitan counties that are eligible to use 238.35 radio frequencies reserved for public safety use have adequate 238.36 communications capacity and intercommunications capability. 239.1 Sec. 8. Minnesota Statutes 1998, section 473.894, 239.2 subdivision 6, is amended to read: 239.3 Subd. 6. [BACKBONE AND SUBSYSTEMS.] In the regionwide 239.4 public safety radio system communication plan, theboard239.5 commissioner shall define the backbone consistent withthe239.6recommendations made by the commissioner of transportation and239.7 the subsystems of the system, the timing and phasing of system 239.8 development, the geographic scope of the system, the timing and 239.9 extent of participation in the system including participation by 239.10 additional entities, and standards for system performance. 239.11 System performance standards shall be developedin consultation239.12withby the commissionerof transportation. The initial 239.13 backbone shall serve state and regional agencies and shall 239.14 include capabilities for regionwide mutual aid and emergency 239.15 medical services communications and potentially provide 239.16 alternative routing for 911 services. 239.17 Sec. 9. Minnesota Statutes 1998, section 473.894, 239.18 subdivision 7, is amended to read: 239.19 Subd. 7. [EXISTING CHANNEL ALLOCATION.] Theboard239.20 commissioner shall coordinate allocation of existing radio 239.21 channels made available to theboardcommissioner by conversion 239.22 to 800 megahertz or other public safety frequencies. 239.23 Sec. 10. Minnesota Statutes 1998, section 473.894, 239.24 subdivision 8, is amended to read: 239.25 Subd. 8. [COST APPORTIONMENT.] Theboardcommissioner 239.26 shall determine how capital, operating, and administrative costs 239.27 of the first phase system will be spread across users of the 239.28 regionwide public safety radio communication system, including 239.29 costs for additional participants. 239.30 Sec. 11. Minnesota Statutes 1998, section 473.894, 239.31 subdivision 9, is amended to read: 239.32 Subd. 9. [EXCESS CAPACITY ALLOCATION.] Theboard239.33 commissioner shall determine how excess capacity provided in the 239.34 initial system design in the regionwide public safety radio 239.35 communication system will be allocated. 239.36 Sec. 12. Minnesota Statutes 1998, section 473.894, 240.1 subdivision 10, is amended to read: 240.2 Subd. 10. [SYSTEM ENHANCEMENT REGULATION.] Theboard240.3 commissioner shall determine the extent to which local 240.4 governments, quasi-public service corporations, and private 240.5 entities eligible to use the system may provide system 240.6 enhancements at their own direct expense. 240.7 Sec. 13. Minnesota Statutes 1998, section 473.894, 240.8 subdivision 11, is amended to read: 240.9 Subd. 11. [STANDARDS.] Theboardcommissioner is 240.10 authorized to set or adopt performance and technical standards 240.11 for operation of the backbone and subsystems and may modify 240.12 standards as necessary to meet changing needs. 240.13 Sec. 14. Minnesota Statutes 1998, section 473.894, 240.14 subdivision 12, is amended to read: 240.15 Subd. 12. [USE PRIORITIES.] Theboardcommissioner shall 240.16 establish priorities or protocols for use of the system. 240.17 Sec. 15. Minnesota Statutes 1998, section 473.894, 240.18 subdivision 13, is amended to read: 240.19 Subd. 13. [FIRST PHASE CONSTRUCTION.]In order to240.20implement the first phase backbone, the board shall contract240.21with the state of Minnesota, through the commissioner of240.22transportation for construction, ownership, operation,240.23maintenance, and enhancement of these elements of the first240.24phase backbone as defined in the plan.The commissioner, under 240.25 appropriate state law, shall contract for, or procure by 240.26 purchase or lease, (including joint purchase and lease 240.27 agreements), construction, installation of materials, supplies 240.28 and equipment, and other services as may be needed to build, 240.29 operate, and maintain the first phase system network.In240.30accordance with the terms of the contract entered into with the240.31radio board under this subdivision,The department of 240.32 transportation will own, operate, and maintain those elements 240.33 identifiedby the radio boardin the plan as the first phase. 240.34 The state will finance and pay for its share of the first phase. 240.35 Sec. 16. Minnesota Statutes 1998, section 473.894, 240.36 subdivision 15, is amended to read: 241.1 Subd. 15. [SYSTEM USE BY NONGOVERNMENTAL ENTITIES.] 241.2 Theboardcommissioner may contract with entities in the 241.3 metropolitan counties eligible to use the public safety channels 241.4 other than local governments, to provide them with public safety 241.5 radio communication service. Theboardcommissioner may 241.6 contract with eligible jurisdictions and entities outside the 241.7 metropolitan counties for inclusion in the regionwide public 241.8 safety radio communication system. 241.9 Sec. 17. Minnesota Statutes 1998, section 473.894, 241.10 subdivision 19, is amended to read: 241.11 Subd. 19. [USER FEES.] In accordance with the plan 241.12 authorized in subdivision 2, theboardcommissioner may 241.13 establish and impose user fees on entities using the first phase 241.14 system to cover theboard'scosts of implementing the plan and 241.15 the costs of operating the first phase system in the 241.16 metropolitan area.The metropolitan council will collect the241.17user fees.241.18 Sec. 18. Minnesota Statutes 1998, section 473.894, 241.19 subdivision 20, is amended to read: 241.20 Subd. 20. [TECHNICAL OPERATIONS COMMITTEE.] Theboard241.21 commissioner shall establish a technical operations committee 241.22 composed of representatives of the following functional 241.23 categories to adviseitthe commissioner in carrying outitsthe 241.24 purposes of sections 473.891 to 473.905: 241.25 (1) Minnesota department of public safety; 241.26 (2) Minnesota department of transportation; 241.27 (3) sheriffs; 241.28 (4) police; 241.29 (5) fire protection; 241.30 (6) emergency medical service; 241.31 (7) public works; 241.32 (8) civil defense; 241.33 (9) metro 911 telephone board; 241.34 (10) entities using 800 megahertz prior to initiation of 241.35 the regional system; 241.36 (11) managers or purchasing agents possessing expertise 242.1 from a general perspective; 242.2 (12) representatives of local units of government; and 242.3 (13) regionwide public safety radio communication system 242.4 users. 242.5 The members of the technical operations committee serve without 242.6 compensation.The chair of the technical operations committee242.7is an ex officio member of the radio board.242.8 Sec. 19. Minnesota Statutes 1998, section 473.894, 242.9 subdivision 21, is amended to read: 242.10 Subd. 21. [CONTRACTS.] Theboardcommissioner may enter 242.11 into contracts necessary to carry out its responsibilities under 242.12 sections 473.891 to 473.905. 242.13 Sec. 20. Minnesota Statutes 1998, section 473.894, 242.14 subdivision 22, is amended to read: 242.15 Subd. 22. [PROPERTY.] Theboardcommissioner may acquire 242.16 by purchase, lease, gift, or grant, property, both real and 242.17 personal, and interests in property necessary for the 242.18 accomplishment ofitsthe purposes of sections 473.891 to 242.19 473.905 and may sell or otherwise dispose of property whichit242.20 is no longerrequiresrequired. 242.21 Sec. 21. Minnesota Statutes 1998, section 473.894, 242.22 subdivision 23, is amended to read: 242.23 Subd. 23. [GIFTS; GRANTS.] Theboardcommissioner may 242.24 apply for, accept, and disburse gifts, grants, or loans from the 242.25 United States, the state, or from any person for any ofitsthe 242.26 purposes of sections 473.891 to 473.905.ItThe commissioner 242.27 may enter into an agreement required for the gifts, grants, or 242.28 loans and may hold, use, and dispose of money or property 242.29 received according to the terms of the gift, grant, or loan. 242.30 Sec. 22. Minnesota Statutes 1998, section 473.894, 242.31 subdivision 24, is amended to read: 242.32 Subd. 24. [AUTHORITY TO LITIGATE.] Theboardcommissioner 242.33 may sue and be sued. 242.34 Sec. 23. Minnesota Statutes 1998, section 473.897, 242.35 subdivision 1, is amended to read: 242.36 Subdivision 1. [BUDGET PREPARATION; REVIEW AND APPROVAL.] 243.1 Theboardcommissioner shall prepare a proposed budget by August 243.2 1 of each year. The budget shall include operating revenues and 243.3 expenditures for operation, administration, and maintenance. In 243.4 addition, the budget must show for each fiscal year of the state 243.5 biennium: 243.6 (1) the estimated operating revenues from all sources 243.7 including funds on hand at the beginning of the year, and 243.8 estimated expenditures for costs of operation, administration, 243.9 maintenance, and debt service; 243.10 (2) capital improvement funds estimated to be on hand at 243.11 the beginning of the year and estimated to be received during 243.12 the year from all sources and estimated cost of capital 243.13 improvements to be paid out or expended during the year, all in243.14such detail and form as the council may prescribe; and 243.15 (3) the estimated source and use of pass-through funds. 243.16 As early as practicable before August 15 of each year, the 243.17boardcommissioner shall hold a public hearing on a draft of the 243.18 proposed budget. Along with the draft, theboardcommissioner 243.19 shall publish a report on user charges. The report must include 243.20 an estimated analysis of the changes in user charges, rates, and 243.21 fees that will be required by theboard'scommissioner's 243.22 budget. Not less than 14 days before the hearing, theboard243.23 commissioner shall publish notice of the hearing in a newspaper 243.24 having general circulation in the metropolitan area, stating the 243.25 date, time, and place of hearing, and the place where the 243.26 proposed budget and report on user charges may be examined by 243.27 any interested person. 243.28 Following the hearing, theboardcommissioner shall publish 243.29 a report of the hearing that summarizes the comments received 243.30 andboard'scommissioner's response.The council shall approve243.31or disapprove the entire budget by October 1 of each year. The243.32council may disapprove only if the budget does not have adequate243.33reserves to meet debt service. If the council disapproves the243.34budget in accordance with this subdivision, the board shall, by243.35November 1, resubmit to the council for approval, a budget which243.36meets the requirements for council approval as provided in this244.1subdivision. The council shall approve or disapprove the entire244.2resubmitted budget by December 1.244.3 Before December 15 of each year, theboardcommissioner 244.4 shall, by resolution,adopt a final budget.The board shall244.5file its final budget with the council on or before December 20244.6of each year.Thecouncilcommissioner shall file the budgets 244.7 with the secretary of the senate and the clerk of the house of 244.8 representatives not later than January 1 of each year.Before244.9adoption, the board must submit any budget amendment which would244.10affect debt service reserves to the council for review. The244.11council has 15 days to approve or disapprove the amendment. The244.12council shall disapprove the budget amendment only if the budget244.13does not have adequate reserves to meet debt service.244.14Except in an emergency, for which procedures must be244.15established by the board, the board and its officers, agents,244.16and employees may not spend money for any purpose, other than244.17debt service, without an appropriation by the board, and no244.18obligation to make such an expenditure shall be enforceable244.19except as the obligation of the person or persons incurring it.244.20The creation of any debt obligation or the receipt of any244.21federal or state grant is a sufficient appropriation of the244.22proceeds for the purpose for which it is authorized, and of the244.23tax or other revenues pledged to pay the obligation and interest244.24on it whether or not specifically included in any annual budget.244.25After obtaining the approval of the council, the board may amend244.26the budget at any time by transferring any appropriation from244.27one purpose to another, except appropriations of the proceeds of244.28bonds issued for a specific purpose. The council shall244.29disapprove only if the amended budget does not have adequate244.30reserves to meet debt service.244.31 Sec. 24. Minnesota Statutes 1998, section 473.897, 244.32 subdivision 2, is amended to read: 244.33 Subd. 2. [PROGRAM EVALUATION.] The budget procedure of the 244.34boardcommissioner must include a substantive assessment and 244.35 evaluation of the effectiveness of each significant part of the 244.36 regionwide public safety radio communication system 245.1 implementation planadopted by the boardwith, to the extent 245.2 possible, quantitative information on the status, progress, 245.3 costs, benefits, and effects of each program. 245.4The board shall transmit the evaluation to the metropolitan245.5council annually.245.6 Sec. 25. Minnesota Statutes 1998, section 473.897, 245.7 subdivision 4, is amended to read: 245.8 Subd. 4. [RESALE OF SERVICES OR CAPACITY PROHIBITED.] 245.9 Neither thecouncil, the board, orcommissioner nor any local 245.10 government unit may resell any service or capacity of this 245.11 system to a nonpublic entity, except for those private entities 245.12 eligible to hold Federal Communications Commission licenses in 245.13 the public safety and special emergency radio services, as 245.14 defined in the Code of Federal Regulations, title 47, part 90 245.15 (1994). 245.16 Sec. 26. Minnesota Statutes 1998, section 473.901, 245.17 subdivision 2, is amended to read: 245.18 Subd. 2. [ANNUAL BUDGETOF RADIO BOARD.] Themetropolitan245.19councilcommissioner shall transmit the annualbudget of the245.20radio boardcosts, defined in subdivision 1, to the commissioner 245.21 of administration no later than December 15 of each year. The 245.22 commissioner of administration shall include eligible costs for 245.23 the regionwide public safety communication system in its request 245.24 for legislative appropriations from the 911 emergency telephone 245.25 service fee account.All eligible costs approved by the radio245.26board shall be included in the commissioner of administration's245.27appropriation request.245.28 Sec. 27. Minnesota Statutes 1998, section 473.901, 245.29 subdivision 3, is amended to read: 245.30 Subd. 3. [APPROPRIATION TRANSFERS.] Each month, before the 245.31 25th day of the month, the commissioner of administration shall 245.32 transmit to themetropolitan councilcommissioner 1/12 of its 245.33 total approved appropriation for the regionwide public safety 245.34 communication system. 245.35 Sec. 28. Minnesota Statutes 1998, section 473.902, 245.36 subdivision 1, is amended to read: 246.1 Subdivision 1. [ALLOCATION OF OPERATING COSTS.] The 246.2 current costs of theboardcommissioner in implementing 246.3 regionwide public safety radio communication plan system and the 246.4 first phase system shall be allocated among and paid by the 246.5 following users, all in accordance with the regionwide public 246.6 safety radio system communication plan adopted by theboard246.7 commissioner: 246.8 (1) the state of Minnesota for its operations using the 246.9 system in the metropolitan counties; 246.10 (2) all local government units using the system; and 246.11 (3) other eligible users of the system. 246.12 Sec. 29. Minnesota Statutes 1998, section 473.902, 246.13 subdivision 2, is amended to read: 246.14 Subd. 2. [PAYMENTS TORADIO BOARDCOMMISSIONER; AMOUNTS 246.15 DUEBOARDCOMMISSIONER WHEN PAYABLE.] Charges payable to the 246.16boardcommissioner by users of the system may be made payable at 246.17 those times during each year as theboardcommissioner 246.18 determines, but those dates shall be fixed with reference to the 246.19 dates on which tax, assessment, and revenue collections become 246.20 available to the government units required to pay such charges. 246.21 Sec. 30. Minnesota Statutes 1998, section 473.902, 246.22 subdivision 3, is amended to read: 246.23 Subd. 3. [COMPONENT MUNICIPALITIES OBLIGATIONS TO 246.24BOARDCOMMISSIONER.] Each local government and other eligible 246.25 users of the first phase system shall pay to theboard246.26 commissioner all sums charged to it under this section, at the 246.27 times and in the manner determined by theboardcommissioner. 246.28 The governing body of each local government shall take all 246.29 action that may be necessary to provide the funds required for 246.30 these payments and to make them when due. 246.31 Sec. 31. Minnesota Statutes 1998, section 473.902, 246.32 subdivision 4, is amended to read: 246.33 Subd. 4. [POWERS OF GOVERNMENT UNITS.] To accomplish any 246.34 duty imposed on it by thecouncil or radio boardcommissioner, 246.35 the governing body of every local government in the metropolitan 246.36 area may exercise the powers granted any municipality by 247.1 chapters 117, 412, 429, 475, and by sections 115.46, 444.075, 247.2 and 471.59. 247.3 Sec. 32. Minnesota Statutes 1998, section 473.902, 247.4 subdivision 5, is amended to read: 247.5 Subd. 5. [DEFICIENCY TAX LEVIES.] If the governing body of 247.6 any local government using the first phase system fails to meet 247.7 any payment to theboardcommissioner under subdivision 1 when 247.8 due, themetropolitan councilcommissioner may certify to the 247.9 auditor of the county in which the government unit is located 247.10 the amount required for payment of the amount due with interest 247.11 at six percent per year. The auditor shall levy and extend the 247.12 amount due, with interest, as a tax upon all taxable property in 247.13 the government unit for the next calendar year, free from any 247.14 existing limitations imposed by law or charter. This tax shall 247.15 be collected in the same manner as the general taxes of the 247.16 government unit, and the proceeds of the tax, when collected, 247.17 shall be paid by the county treasurer to theboardcommissioner 247.18 and credited to the government unit for which the tax was levied. 247.19 Sec. 33. Minnesota Statutes 1998, section 473.904, 247.20 subdivision 1, is amended to read: 247.21 Subdivision 1. [COUNTY PLANNING PROCESS.] No later than 247.22 two years from May 22, 1995, each metropolitan county shall 247.23 undertake and complete a planning process for its public safety 247.24 radio subsystem to ensure participation by representatives of 247.25 local government units, quasi-public service organizations, and 247.26 private entities eligible to use the regional public safety 247.27 radio system and to ensure coordination and planning of the 247.28 local subsystems. Local governments and other eligible users 247.29 shall cooperate with the county in its preparation of the 247.30 subsystem plan to ensure that local needs are met. Theradio247.31boardcommissioner shall encourage the establishment by each 247.32 metropolitan county of local public safety radio subsystem 247.33 committees composed of representatives of local governments and 247.34 other eligible users for the purposes of: 247.35 (1) establishing a plan for coordinated and timely use of 247.36 the regionwide public safety radio system by the local 248.1 governments and other eligible users within each metropolitan 248.2 county; and 248.3 (2) assisting and advising theboardcommissioner inits248.4 the implementation of the regional public safety radio plan by 248.5 identification of local service needs and objectives. 248.6 Theboardcommissioner shall also encourage the 248.7 establishment of joint or multicounty planning for the 248.8 regionwide public safety radio system and subsystems. 248.9 Theboardcommissioner may provide local boards with 248.10 whatever assistance it deems necessary and appropriate. 248.11 No metropolitan county or city of the first class shall be 248.12 required to undertake a technical subsystem design to meet the 248.13 planning process requirements of this subdivision or subdivision 248.14 2. 248.15 Sec. 34. Minnesota Statutes 1998, section 473.904, 248.16 subdivision 3, is amended to read: 248.17 Subd. 3. [SUBMISSION OF PLANS TOBOARDCOMMISSIONER.] Each 248.18 metropolitan county and each city of the first class in the 248.19 metropolitan area which has chosen to develop its own plan shall 248.20 submit the plan to theboardcommissioner for theboard's248.21 commissioner's review and approval. 248.22 Sec. 35. Minnesota Statutes 1998, section 473.904, 248.23 subdivision 4, is amended to read: 248.24 Subd. 4. [LOCAL GOVERNMENT JOINDER.] Local government 248.25 units, except for cities of the first class, quasi-public 248.26 service organizations, and private entities eligible to use the 248.27 regional public safety radio system cannot join the system until 248.28 its county plan has been approved by theboardcommissioner. 248.29 Sec. 36. Minnesota Statutes 1998, section 473.905, 248.30 subdivision 2, is amended to read: 248.31 Subd. 2. [REQUIREMENTS TO JOIN.] Local governments and 248.32 other entities eligible to join the regional public safety radio 248.33 system which elect to join the system must do so in accordance 248.34 with and meet the requirements of the provisions of the plan 248.35 adopted by theradio boardcommissioner as provided in section 248.36 473.894, subdivision 2. 249.1 Sec. 37. [TRANSFER OF POWERS, LIABILITIES, AND ASSETS.] 249.2 The powers and duties of the metropolitan council and the 249.3 metropolitan radio board with respect to the regional public 249.4 safety radio system are transferred to the commissioner of 249.5 transportation. 249.6 Except as otherwise provided in this act, the provisions of 249.7 Minnesota Statutes, section 15.039, relating to transfer of 249.8 powers among agencies, shall apply to the transfer of powers and 249.9 duties of the metropolitan council and metropolitan radio board 249.10 to the commissioner of transportation, to the extent practicable. 249.11 Sec. 38. [BONDS.] 249.12 Bonds or other debt authorized by Minnesota Statutes, 249.13 sections 473.898 and 473.903 that are outstanding on the 249.14 effective date of this section must be paid and retired 249.15 according to those sections and the terms of the bonds. The 249.16 auditors of the metropolitan counties shall see to the 249.17 administration of this section. 249.18 Sec. 39. [REPEALER.] 249.19 Minnesota Statutes 1998, sections 473.893; 473.894, 249.20 subdivisions 14, 16, 17, and 18; 473.895; 473.896; 473.897, 249.21 subdivision 3; 473.898, subdivisions 1, 2, and 4; 473.899; 249.22 473.900; and 473.903, are repealed. 249.23 Minnesota Statutes 1999 Supplement, section 473.898, 249.24 subdivision 3, is repealed. 249.25 Sec. 40. [EFFECTIVE DATE.] 249.26 This article is effective July 1, 2001. 249.27 ARTICLE 10 249.28 FISCAL DISPARITIES 249.29 Section 1. Minnesota Statutes 1998, section 473F.02, 249.30 subdivision 7, is amended to read: 249.31 Subd. 7. [POPULATION.] "Population" means the most recent 249.32 estimate of the population of a municipality made by the 249.33metropolitan councilstate demographer and filed with the 249.34 commissioner of revenue as of July 1 of the year in which a 249.35 municipality's distribution net tax capacity is calculated. The 249.36councilstate demographer shall annually estimate the population 250.1 of each municipality as of a date which it determines and, in 250.2 the case of a municipality which is located partly within and 250.3 partly without the area, the proportion of the total which 250.4 resides within the area, and shall promptly thereafter file its 250.5 estimates with the commissioner of revenue. 250.6 Sec. 2. Minnesota Statutes 1998, section 473F.02, 250.7 subdivision 8, is amended to read: 250.8 Subd. 8. [MUNICIPALITY.] "Municipality" means a city, 250.9 town, or township located in whole or part within the area, but 250.10 not the cities of New Prague or Northfield. If a municipality 250.11 is located partly within and partly without the area, the 250.12 references in sections 473F.01 to 473F.13 to property or any 250.13 portion thereof subject to taxation or taxing jurisdiction 250.14 within the municipality are to such property or portion thereof 250.15 as is located in that portion of the municipality within the 250.16 area, except that the fiscal capacity of such a municipality 250.17 shall be computed upon the basis of the valuation and population 250.18 of the entire municipality. 250.19 A municipality shall be excluded from the area if its 250.20 municipal comprehensive zoning and planning policies 250.21 conscientiously exclude most commercial-industrial development, 250.22 for reasons other than preserving an agricultural use. The 250.23metropolitan councildirector of the office of strategic and 250.24 long-range planning and the commissioner of revenue shall 250.25 jointly make this determination annually and shall notify those 250.26 municipalities that are ineligible to participate in the tax 250.27 base sharing program provided in this chapter for the following 250.28 year. 250.29 Sec. 3. Minnesota Statutes 1998, section 473F.08, 250.30 subdivision 5, is amended to read: 250.31 Subd. 5. [AREAWIDE TAX RATE.] On or before August 25 of 250.32 each year, the county auditor shall certify to the 250.33 administrative auditor that portion of the levy of each 250.34 governmental unit determined under subdivisions 3, clause (a), 250.35 and 3a, and 3b. The administrative auditor shall then determine 250.36 the areawide tax rate sufficient to yield an amount equal to the 251.1 sum of such levies from the areawide net tax capacity. On or 251.2 before September 1 of each year, the administrative auditor 251.3 shall certify the areawide tax rate to each of the county 251.4 auditors. 251.5 Sec. 4. Minnesota Statutes 1998, section 473F.08, 251.6 subdivision 7a, is amended to read: 251.7 Subd. 7a. [CERTIFICATION OF VALUES; PAYMENT.] The 251.8 administrative auditor shall determine for each county the 251.9 difference between the total levy on distribution value pursuant 251.10 to subdivisions 3, clause (a), and 3a, and 3b, within the county 251.11 and the total tax on contribution value pursuant to subdivision 251.12 6, within the county. On or before May 16 of each year, the 251.13 administrative auditor shall certify the differences so 251.14 determined to each county auditor. In addition, the 251.15 administrative auditor shall certify to those county auditors 251.16 for whose county the total tax on contribution value exceeds the 251.17 total levy on distribution value the settlement the county is to 251.18 make to the other counties of the excess of the total tax on 251.19 contribution value over the total levy on distribution value in 251.20 the county. On or before June 15 and November 15 of each year, 251.21 each county treasurer in a county having a total tax on 251.22 contribution value in excess of the total levy on distribution 251.23 value shall pay one-half of the excess to the other counties in 251.24 accordance with the administrative auditors certification. 251.25 Sec. 5. Minnesota Statutes 1998, section 473F.13, is 251.26 amended to read: 251.27 473F.13 [CHANGE IN STATUS OF MUNICIPALITY.] 251.28 Subdivision 1. [CERTIFICATION OF CHANGE IN STATUS.] If a 251.29 municipality is dissolved, is consolidated with all or part of 251.30 another municipality, annexes territory, has a portion of its 251.31 territory detached from it, or is newly incorporated, the 251.32 secretary of state shall immediately certify that fact to the 251.33 commissioner of revenue. The secretary of state shall also 251.34 certify to the commissioner of revenue the current population of 251.35 the new, enlarged, or successor municipality, if determined by 251.36 the Minnesota municipal board incident to consolidation, 252.1 annexation, or incorporation proceedings. The population so 252.2 certified shall govern for purposes of sections 473F.01 to 252.3 473F.13 until themetropolitan councilstate demographer files 252.4 its first population estimate as of a later date with the 252.5 commissioner of revenue. If an annexation of unincorporated 252.6 land occurs without proceedings before the Minnesota municipal 252.7 board, the population of the annexing municipality as previously 252.8 determined shall continue to govern for purposes of sections 252.9 473F.01 to 473F.13 until themetropolitan councilstate 252.10 demographer files its first population estimate as of a later 252.11 date with the commissioner of revenue. 252.12 Sec. 6. [REPEALER.] 252.13 Minnesota Statutes 1998, sections 473F.02, subdivision 21; 252.14 and 473F.08, subdivision 3b, are repealed. 252.15 Sec. 7. [EFFECTIVE DATE.] 252.16 This article is effective for taxes levied in 2000, payable 252.17 in 2001 and subsequent years. 252.18 ARTICLE 11 252.19 AGRICULTURAL PRESERVES 252.20 Section 1. Minnesota Statutes 1998, section 473H.04, 252.21 subdivision 3, is amended to read: 252.22 Subd. 3. [MAPS TOMET COUNCILMINNESOTA PLANNING.] The 252.23 authority shall provide themetropolitan counciloffice of 252.24 strategic and long-range planning with suitable maps showing any 252.25 lands certified eligible pursuant to subdivision 1 or 252.26 decertified pursuant to subdivision 2. Themetropolitan council252.27 office shall maintain maps of the metropolitan area showing all 252.28 certified long term agricultural lands. 252.29 Sec. 2. Minnesota Statutes 1999 Supplement, section 252.30 473H.06, subdivision 1, is amended to read: 252.31 Subdivision 1. [APPLICATION.] Upon receipt of an 252.32 application, the authority shall determine if all material 252.33 required in section 473H.05 has been submitted and, if so, shall 252.34 determine that the application is complete. When used in this 252.35 chapter, the term "date of application" means the date the 252.36 application is determined complete by the authority. Within 253.1 five days of the date of application, the authority shall 253.2 forward the completed and signed application to the county 253.3 recorder, and copies to the county auditor, the county assessor, 253.4 themetropolitan counciloffice of strategic and long-range 253.5 planning, and the county soil and water conservation district. 253.6 Sec. 3. Minnesota Statutes 1998, section 473H.06, 253.7 subdivision 5, is amended to read: 253.8 Subd. 5. [MAPS; REPORTS.] Themetropolitan counciloffice 253.9 of strategic and long-range planning shall maintain agricultural 253.10 preserve maps, illustrating (a) certified long term agricultural 253.11 lands; and (b) lands covenanted as agricultural preserves. 253.12 Thecounciloffice shall make yearly reports to the department 253.13 of agriculture and such other agencies as thecounciloffice 253.14 deems appropriate. 253.15 Sec. 4. Minnesota Statutes 1999 Supplement, section 253.16 473H.08, subdivision 4, is amended to read: 253.17 Subd. 4. [NOTICE TO OTHERS.] Upon receipt of the notice 253.18 provided in subdivision 2, or upon notice served by the 253.19 authority as provided in subdivision 3, the authority shall 253.20 forward the original notice to the county recorder for 253.21 recording, or to the registrar of titles if the land is 253.22 registered, and shall notify the county auditor, county 253.23 assessor,the metropolitan counciloffice of strategic and 253.24 long-range planning, and the county soil and water conservation 253.25 district of the date of expiration. Designation as an 253.26 agricultural preserve and all benefits and limitations accruing 253.27 through sections 473H.02 to 473H.17 for the preserve shall cease 253.28 on the date of expiration. The restrictive covenant contained 253.29 in the application shall terminate on the date of expiration. 253.30 Sec. 5. [EFFECTIVE DATE.] 253.31 This article is effective July 1, 2001. 253.32 ARTICLE 12 253.33 PROPERTY TAX PROHIBITION 253.34 Section 1. [FUTURE LEVIES PROHIBITED.] 253.35 Unless expressly authorized in this act, the metropolitan 253.36 council or any metropolitan agency or commission must not levy 254.1 property taxes after 2000, payable after 2001. 254.2 ARTICLE 13 254.3 CONFORMING AMENDMENTS 254.4 Section 1. [REVISOR'S INSTRUCTION.] 254.5 The revisor of statutes shall prepare, in an appropriate 254.6 bill for the 2001 legislative session, conforming statutory 254.7 amendments necessitated by this act. 254.8 ARTICLE 14 254.9 APPLICATION 254.10 Section 1. [METRO COUNTIES.] 254.11 Unless the context indicates otherwise, this act applies in 254.12 the counties of Anoka, Carver, Dakota, Hennepin, Ramsey, Scott, 254.13 and Washington.