2007 Minnesota Statutes

CHAPTER 473. METROPOLITAN GOVERNMENT

473.01 [Repealed, 1986 c 460 s 59]

473.02 [Repealed, 1986 c 460 s 59]

473.03 [Repealed, 1986 c 460 s 59]

473.04 [Repealed, 1986 c 460 s 59]

473.05 [Repealed, 1986 c 460 s 59]

473.06 [Repealed, 1986 c 460 s 59]

473.07 [Repealed, 1986 c 460 s 59]

473.08 [Repealed, 1986 c 460 s 59]

473.09 [Repealed, 1986 c 460 s 59]

473.10 [Repealed, 1986 c 460 s 59]

473.11 [Repealed, 1986 c 460 s 59]

473.12 APPLICATION OF LAWS 2005, CHAPTER 56, TERMINOLOGY CHANGES.
State agencies shall use the terminology changes specified in Laws 2005, chapter 56, section
1, when printed material and signage are replaced and new printed material and signage are
obtained. State agencies do not have to replace existing printed material and signage to comply
with Laws 2005, chapter 56, sections 1 and 2. Language changes made according to Laws 2005,
chapter 56, sections 1 and 2, shall not expand or exclude eligibility to services.
History: 2005 c 56 s 3

DEFINITIONS

473.121 DEFINITIONS.
    Subdivision 1. Terms. For the purposes of this chapter, the terms defined in this section have
the meanings given them in this section, except as otherwise expressly provided or indicated
by the context.
    Subd. 2. Metropolitan area or area. "Metropolitan area" or "area" means the area over
which the Metropolitan Council has jurisdiction, including only the counties of Anoka; Carver;
Dakota excluding the city of Northfield; Hennepin excluding the cities of Hanover and Rockford;
Ramsey; Scott excluding the city of New Prague; and Washington.
    Subd. 3. Metropolitan Council or council. "Metropolitan Council" or "council" means the
Metropolitan Council established by section 473.123.
    Subd. 4. Metropolitan county. "Metropolitan county" means any one of the following
counties: Anoka, Carver, Dakota, Hennepin, Ramsey, Scott or Washington.
    Subd. 5. State agency. "State agency" means the state of Minnesota or any agency, board,
commission, department or educational institution thereof.
    Subd. 5a. Metropolitan agency. "Metropolitan agency" means the Metropolitan Parks
and Open Space Commission, Metropolitan Airports Commission, and Metropolitan Sports
Facilities Commission.
    Subd. 6. Local governmental unit. "Local governmental unit" means any county, city, town,
school district, special district or other political subdivisions or public corporation, other than the
council or a metropolitan agency, lying in whole or part within the metropolitan area.
    Subd. 7.[Repealed, 1986 c 460 s 59]
    Subd. 8. Metropolitan significance. "Metropolitan significance" means a status determined
by the Metropolitan Council pursuant to the rules and procedures established by section 473.173.
    Subd. 9.[Repealed, 1986 c 460 s 59]
    Subd. 10. Policy plan. "Policy plan" means a long-range comprehensive plan of the
Metropolitan Council.
    Subd. 11. Independent commission, board or agency. "Independent commission, board
or agency" means governmental entities with jurisdictions lying in whole or in part within the
metropolitan area.
    Subd. 12. Metropolitan Parks and Open Space Commission. "Metropolitan Parks and
Open Space Commission" means the commission established in sections 473.302 to 473.341.
    Subd. 13. Park district. "Park district" means a park district created under chapter 398.
    Subd. 14. Regional recreation open space. "Regional recreation open space" means land
and water areas, or interests therein, and facilities determined by the Metropolitan Council to be
of regional importance in providing for a balanced system of public outdoor recreation for the
metropolitan area, including but not limited to park reserves, major linear parks and trails, large
recreation parks, and conservatories, zoos, and other special use facilities.
    Subd. 14a.[Repealed, 1994 c 628 art 3 s 209]
    Subd. 15.[Repealed, 1994 c 628 art 3 s 209]
    Subd. 16. Metropolitan transit area. "Metropolitan transit area" means the metropolitan
area.
    Subd. 17.[Repealed, 1977 c 454 s 49]
    Subd. 18. Operator. "Operator" means any person engaged or seeking to engage in the
business of providing regular route public transit.
    Subd. 18a. Paratransit. "Paratransit" has the meaning given in section 174.22, subdivision 6.
    Subd. 19. Public transit or transit. "Public transit" or "transit" has the meaning given in
section 174.22, subdivision 7.
    Subd. 20. Public transit system or transit system. "Public transit system" or "transit
system" means, without limitation, a combination of property, structures, improvements,
equipment, plants, parking or other facilities, and rights, or any thereof, used or useful for the
purposes of public transit.
    Subd. 20a. Regular route transit. "Regular route transit" has the meaning given in section
174.22, subdivision 8.
    Subd. 21.[Repealed, 1994 c 628 art 3 s 209]
    Subd. 22. Acquisition and betterment. "Acquisition" and "betterment" shall have the
meanings given to them in chapter 475.
    Subd. 23. Interceptor. "Interceptor" means any sewer and necessary appurtenances
thereto, including but not limited to mains, pumping stations, and sewage flow regulating and
measuring stations, which is designed or used to conduct sewage originating in more than one
local government unit, or which is designed or used to conduct all or substantially all of the
sewage originating in a single local government unit from a point of collection in that unit to an
interceptor or treatment works outside that unit.
    Subd. 24. Metropolitan disposal system. "Metropolitan disposal system" means any or all
of the interceptors or treatment works owned or operated by the Metropolitan Council.
    Subd. 25. Pollution, sewer system, treatment works, disposal system, waters of state.
"Pollution", "sewer system", "treatment works", "disposal system", and "waters of the state" shall
have the meanings given them in section 115.01.
    Subd. 26. Sewage. "Sewage" means all liquid or water-carried waste products from whatever
source derived, together with such ground water infiltration and surface water as may be present.
    Subd. 27.[Repealed, 1980 c 564 art 13 s 2]
    Subd. 28.[Repealed, 1980 c 564 art 13 s 2]
    Subd. 29.[Repealed, 1980 c 564 art 13 s 2]
    Subd. 30.[Repealed, 1976 c 179 s 20]
    Subd. 31.[Repealed, 1980 c 564 art 13 s 2]
    Subd. 31a.[Repealed, 1980 c 564 art 13 s 2]
    Subd. 31b.[Repealed, 1980 c 564 art 13 s 2]
    Subd. 31c.[Repealed, 1980 c 564 art 13 s 2]
    Subd. 32. Metropolitan Airports Commission. "Metropolitan Airports Commission"
means the commission established in sections 473.601 to 473.679.
    Subd. 33. Major airport. "Major airport" means any airport now or which may hereafter
be operated by the Metropolitan Airports Commission as a terminal for regular, scheduled air
passenger service.
    Subd. 34. Aeronautics. "Aeronautics" means the transportation by aircraft, the operation,
construction, repair, or maintenance of aircraft, aircraft power plants and accessories, including
the repair, packing and maintenance of parachutes; the design, establishment, construction,
operation, improvement, repair, or maintenance of airports, restricted landing areas, or other air
navigation facilities and air instruction, and powers incidental thereto.
    Subd. 35. Airport. "Airport" means any locality, either of land or water, including
intermediate landing fields, which is used or intended to be used for the landing and take off of
aircraft, whether or not facilities are provided for the shelter, servicing, or repair of aircraft, or for
receiving or discharging passengers or cargo, and also includes any facility used in, available
for use in, or designed for use in, aid of air navigation, including, but without limitation, landing
areas, lights, any apparatus or equipment for disseminating weather information, for signaling,
for radio-directional finding, or for radio or other electrical communication, and any other
structure or mechanism having a similar purpose for guiding or controlling flight in the air or the
landing and take off of aircraft, and also includes, but without limitation, access roads, parking
areas, railroad siding facilities, such land contiguous or not as may be required for installations
necessary for safe and efficient operation, buildings, structures, hangars, shops and any personal
property usually used in connection with the operations of such airports, including specifically,
but not exclusively, snow removal or impacting equipment, fire and ambulance equipment,
motor vehicles and equipment for buildings, structures, hangars, and shops. It includes any area
heretofore in the statutes of this state termed an "airport" or a "flying field."
    Subd. 36. Terms relating to waste. The definitions of terms relating to waste in chapter 116
and section 115A.03, also apply to the same terms relating to waste used in this chapter.
History: 1975 c 13 s 1; 1976 c 127 s 24; 1976 c 179 s 1-6; 1977 c 347 s 68; 1977 c 421 s
6; 1977 c 454 s 29-32; 1978 c 543 s 1; 1980 c 378 s 1; 1980 c 564 art 10 s 1; 1983 c 330 s 1;
1984 c 654 art 3 s 101-107; 1985 c 248 s 70; 1986 c 460 s 1-3; 1987 c 384 art 2 s 1; 1994 c 628
art 3 s 36,37; 1995 c 186 s 82; 1995 c 236 s 3; 2003 c 8 s 1

METROPOLITAN COUNCIL

473.122 [Repealed, 1994 c 628 art 3 s 209]

473.123 METROPOLITAN COUNCIL.
    Subdivision 1. Creation. A Metropolitan Council with jurisdiction in the metropolitan area
is established as a public corporation and political subdivision of the state. It shall be under the
supervision and control of 17 members, all of whom shall be residents of the metropolitan area.
    Subd. 2.[Repealed, 1983 c 16 s 15]
    Subd. 2a. Terms. Following each apportionment of council districts, as provided under
subdivision 3a, council members must be appointed from newly drawn districts as provided in
subdivision 3a. Each council member, other than the chair, must reside in the council district
represented. Each council district must be represented by one member of the council. The terms
of members end with the term of the governor, except that all terms expire on the effective date
of the next apportionment. A member serves at the pleasure of the governor. A member shall
continue to serve the member's district until a successor is appointed and qualified; except that,
following each apportionment, the member shall continue to serve at large until the governor
appoints 16 council members, one from each of the newly drawn council districts as provided
under subdivision 3a, to serve terms as provided under this section. The appointment to the
council must be made by the first Monday in March of the year in which the term ends.
    Subd. 3. Membership; appointment; qualifications. (a) Sixteen members must be
appointed by the governor from districts defined by this section. Each council member must
reside in the council district represented. Each council district must be represented by one
member of the council.
(b) In addition to the notice required by section 15.0597, subdivision 4, notice of vacancies
and expiration of terms must be published in newspapers of general circulation in the metropolitan
area and the appropriate districts. The governing bodies of the statutory and home rule charter
cities, counties, and towns having territory in the district for which a member is to be appointed
must be notified in writing. The notices must describe the appointments process and invite
participation and recommendations on the appointment.
(c) The governor shall create a nominating committee, composed of seven metropolitan
citizens appointed by the governor, to nominate persons for appointment to the council from
districts. Three of the committee members must be local elected officials. Following the
submission of applications as provided under section 15.0597, subdivision 5, the nominating
committee shall conduct public meetings, after appropriate notice, to accept statements from or on
behalf of persons who have applied or been nominated for appointment and to allow consultation
with and secure the advice of the public and local elected officials. The committee shall hold the
meeting on each appointment in the district or in a reasonably convenient and accessible location
in the part of the metropolitan area in which the district is located. The committee may consolidate
meetings. Following the meetings, the committee shall submit to the governor a list of nominees
for each appointment. The governor is not required to appoint from the list.
(d) Before making an appointment, the governor shall consult with all members of the
legislature from the council district for which the member is to be appointed.
(e) Appointments to the council are subject to the advice and consent of the senate as
provided in section 15.066.
(f) Members of the council must be appointed to reflect fairly the various demographic,
political, and other interests in the metropolitan area and the districts.
(g) Members of the council must be persons knowledgeable about urban and metropolitan
affairs.
(h) Any vacancy in the office of a council member shall immediately be filled for the
unexpired term. In filling a vacancy, the governor may forgo the requirements of paragraph (c) if
the governor has made appointments in full compliance with the requirements of this subdivision
within the preceding 12 months.
    Subd. 3a. Redistricting. The legislature shall redraw the boundaries of the council districts
after each decennial federal census so that each district has substantially equal population.
Redistricting is effective in the year ending in the numeral "3." Within 60 days after a redistricting
plan takes effect, the governor shall appoint members from the newly drawn districts to serve
terms as provided under subdivision 2a.
    Subd. 3b.[Repealed, 1993 c 314 s 7]
    Subd. 3c.[Repealed, 1Sp2003 c 16 s 11]
    Subd. 3d. District boundaries. The council district boundaries are as follows:
(1) The first council district consists of that portion of Hennepin county consisting of the
cities of Champlin, Corcoran, Dayton, Greenfield, Independence, Loretto, Maple Grove, Maple
Plain, Medicine Lake, Medina, Plymouth, and Rogers, and the town of Hassan.
(2) The second council district consists of that portion of Anoka county consisting of the
cities of Columbia Heights, Fridley, Hilltop, and Spring Lake Park, and that portion of Hennepin
county consisting of the cities of Brooklyn Center, Brooklyn Park, Osseo, and Robbinsdale.
(3) The third council district consists of that portion of Hennepin county consisting of the
cities of Chanhassen, Deephaven, Eden Prairie, Excelsior, Greenwood, Hopkins, Long Lake,
Minnetonka, Minnetonka Beach, Mound, Orono, Shorewood, Spring Park, Tonka Bay, Wayzata,
and Woodland.
(4) The fourth council district consists of Carver county, that portion of Hennepin county
consisting of the cities of Minnetrista and St. Bonifacius, and that portion of Scott county in
the metropolitan area.
(5) The fifth council district consists of that portion of Hennepin county consisting of the
cities of Bloomington, Edina, and Richfield, and the unorganized territory of Fort Snelling.
(6) The sixth council district consists of that portion of Hennepin county consisting of the
cities of Crystal, Golden Valley, New Hope, and St. Louis Park, and that portion of the city of
Minneapolis lying within a line described as follows: commencing at the intersection of the
southern boundary of the city of Minneapolis and Lyndale Avenue, northerly along Lyndale
Avenue to its intersection with Interstate Highway 394, easterly along Interstate Highway 394
to its intersection with Interstate Highway 94, northerly along Interstate Highway 94 to its
intersection with the second set of Burlington Northern Santa Fe Railroad tracks, westerly along
that set of Burlington Northern Santa Fe Railroad tracks to their intersection with the Canadian
Pacific Railway tracks, westerly and northerly along the Canadian Pacific Railway tracks to their
most westerly intersection with Bassett Creek in the city of Minneapolis, northwesterly along
Bassett Creek to its intersection with the western boundary of the city of Minneapolis, southerly
and then easterly along the western and southern boundaries of the city of Minneapolis to the
point of origin.
(7) The seventh council district consists of that portion of the city of Minneapolis lying
within a line described as follows: commencing at the intersection of the west bank of the
Mississippi River with Interstate Highway 35W, southwesterly along Interstate Highway 35W to
its intersection with State Highway 55, southerly along State Highway 55 to its intersection with
Interstate Highway 94, easterly along Interstate Highway 94 to its intersection with 20th Avenue
South, southerly along 20th Avenue South to its intersection with Cedar Avenue, southerly along
Cedar Avenue to its intersection with East 42nd Street, westerly along East 42nd Street to its
intersection with the eastern boundary of the sixth council district, northerly and then westerly
along the eastern and northern boundaries of the sixth council district to the western boundary of
the city of Minneapolis, northerly and then easterly along the western and northern boundaries of
the city of Minneapolis to the west bank of the Mississippi River, southerly and easterly along
the west bank of the Mississippi River to the point of origin.
(8) The eighth council district consists of that portion of the city of Minneapolis not included
in the sixth or seventh council district, that portion of Hennepin county consisting of the city of
St. Anthony, and that portion of Ramsey county consisting of the city of St. Anthony.
(9) The ninth council district consists of that portion of Anoka county consisting of the cities
of Andover, Anoka, Bethel, Coon Rapids, East Bethel, Ham Lake, Oak Grove, Ramsey, and St.
Francis, and the towns of Burns and Linwood.
(10) The tenth council district consists of that portion of Anoka county consisting of the
cities of Blaine, Circle Pines, and Lexington, and that portion of Ramsey county consisting of the
cities of Arden Hills, Blaine, Falcon Heights, Lauderdale, Mounds View, New Brighton, North
Oaks, Roseville, Shoreview, and Spring Lake Park.
(11) The eleventh council district consists of that portion of Anoka county consisting of the
cities of Centerville and Lino Lakes, and the town of Columbus, and that portion of Ramsey
county consisting of the cities of Gem Lake, Little Canada, Maplewood, North St. Paul, Vadnais
Heights, and White Bear Lake, and the town of White Bear, and that portion of Washington
county consisting of the cities of Hugo, Landfall, Oakdale, and White Bear Lake.
(12) The twelfth council district consists of that portion of Washington county not included
in the eleventh council district.
(13) The thirteenth council district consists of that portion of Dakota county consisting of
the cities of Lilydale, Mendota, Mendota Heights, Sunfish Lake, and West St. Paul, and that
portion of Ramsey county consisting of that portion of the city of St. Paul lying east of Interstate
Highway 35E.
(14) The fourteenth council district consists of that portion of Ramsey county consisting of
that portion of the city St. Paul lying west of Interstate Highway 35E.
(15) The fifteenth council district consists of that portion of Dakota county consisting of
the cities of Burnsville, Inver Grove Heights, and South St. Paul, and that portion of the city of
Eagan lying north of a line described as follows: commencing at the intersection of Cliff Road
with the western boundary of the city of Eagan, easterly along Cliff Road to its intersection with
Robert Trail South and 110th Street West, then easterly along 110th Street West to the eastern
boundary of the city of Eagan.
(16) The sixteenth council district consists of that portion of Dakota county in the
metropolitan area not included in the thirteenth or fifteenth council district.
(17) In case of any discrepancy between the description of a district in this subdivision and
the district as it appears in Metropolitan Council redistricting plan MC03, as adopted in Laws
2003, First Special Session chapter 16, section 9, the district that appears in plan MC03 governs.
    Subd. 4. Chair; appointment, officers, selection; duties and compensation. (a) The
chair of the Metropolitan Council shall be appointed by the governor as the 17th voting member
thereof by and with the advice and consent of the senate to serve at the pleasure of the governor
to represent the metropolitan area at large. Senate confirmation shall be as provided by section
15.066.
The chair of the Metropolitan Council shall, if present, preside at meetings of the council,
have the primary responsibility for meeting with local elected officials, serve as the principal
legislative liaison, present to the governor and the legislature, after council approval, the council's
plans for regional governance and operations, serve as the principal spokesperson of the council,
and perform other duties assigned by the council or by law.
(b) The Metropolitan Council shall elect other officers as it deems necessary for the
conduct of its affairs for a one-year term. A secretary and treasurer need not be members of the
Metropolitan Council. Meeting times and places shall be fixed by the Metropolitan Council and
special meetings may be called by a majority of the members of the Metropolitan Council or
by the chair. The chair and each Metropolitan Council member shall be reimbursed for actual
and necessary expenses. The annual budget of the council shall provide as a separate account
anticipated expenditures for compensation, travel, and associated expenses for the chair and
members, and compensation or reimbursement shall be made to the chair and members only
when budgeted.
(c) Each member of the council shall attend and participate in council meetings and
meet regularly with local elected officials and legislative members from the council member's
district. Each council member shall serve on at least one division committee for transportation,
environment, or community development.
(d) In the performance of its duties the Metropolitan Council may adopt policies and
procedures governing its operation, establish committees, and, when specifically authorized by
law, make appointments to other governmental agencies and districts.
    Subd. 5.[Repealed, 1994 c 628 art 1 s 10]
    Subd. 6.[Repealed, 1994 c 628 art 1 s 10]
    Subd. 7. Performance and budget analyst. The council, other than the chair, may hire a
performance and budget analyst to assist the 16 council members with policy and budget analysis
and evaluation of the council's performance. The analyst may recommend and the council
may hire up to two additional analysts to assist the council with performance evaluation and
budget analysis. The analyst and any additional analysts hired shall serve at the pleasure of
the council members. The 16 members of the council may prescribe all terms and conditions
for the employment of the analyst and any additional analysts hired, including, but not limited
to, the fixing of compensation, benefits, and insurance. The analyst shall prepare the budget
for the provisions of this section and submit the budget for council approval and inclusion in
the council's overall budget.
    Subd. 8. General counsel. The council may appoint a general counsel to serve at the
pleasure of the council.
History: 1975 c 13 s 3; 1977 c 35 s 6; 1978 c 543 s 2,3; 1980 c 378 s 2; 1982 c 424 s 130;
1983 c 16 s 1-4; 1983 c 305 s 25; 1Sp1985 c 13 s 353; 1986 c 444; 1986 c 460 s 4-6; 1990 c 460 s
1; 1993 c 314 s 1,2; 1994 c 628 art 1 s 4-7; art 2 s 1; art 3 s 38; 2003 c 8 s 2; 1Sp2003 c 16 s
1,10; 2005 c 10 art 1 s 82

473.125 REGIONAL ADMINISTRATOR.
The Metropolitan Council shall appoint a regional administrator to serve at the council's
pleasure as the principal administrative officer for the Metropolitan Council. The regional
administrator shall organize the work of the council staff. The regional administrator shall appoint
on the basis of merit and fitness, and discipline and discharge all employees in accordance with the
council's personnel policy, except (1) the performance and budget analysts provided for in section
473.123, subdivision 7, (2) the general counsel, as provided in section 473.123, subdivision 8,
(3) employees of the offices of wastewater services and transit operations, who are appointed,
disciplined, and discharged in accordance with council personnel policies by their respective
operations managers, and (4) metropolitan transit police officers. The regional administrator
must ensure that all policy decisions of the council are carried out. The regional administrator
shall attend meetings of the council and may take part in discussions but may not vote. The
regional administrator shall recommend to the council for adoption measures deemed necessary
for efficient administration of the council, keep the council fully apprised of the financial
condition of the council, and prepare and submit an annual budget to the council for approval.
The regional administrator shall prepare and submit for approval by the council an administrative
code organizing and codifying the policies of the council, and perform other duties as prescribed
by the council. The regional administrator may be chosen from among the citizens of the nation at
large, and shall be selected on the basis of training and experience in public administration.
History: 1994 c 628 art 2 s 2; 1997 c 149 s 1

473.127 ADVISORY COMMITTEES.
The Metropolitan Council may establish and appoint persons to advisory committees
to assist the Metropolitan Council in the performance of its duties. Members of the advisory
committees shall serve without compensation but shall be reimbursed for their reasonable
expenses as determined by the Metropolitan Council.
History: 1975 c 13 s 4

473.128 [Repealed, 1986 c 460 s 59]

473.129 POWERS OF METROPOLITAN COUNCIL.
    Subdivision 1. General powers. The Metropolitan Council shall have and exercise all
powers which may be necessary or convenient to enable it to perform and carry out the duties and
responsibilities now existing or which may hereafter be imposed upon it by law. Such powers
include the specific powers enumerated in this section.
    Subd. 2. Employees. The Metropolitan Council shall prescribe all terms and conditions
for the employment of its employees including, but not limited to, adopting a compensation
and classification plan for its employees. Employees of the Metropolitan Council are public
employees and are members of the Minnesota State Retirement System. Those employed by a
predecessor of the Metropolitan Council and transferred to it may at their option become members
of the Minnesota State Retirement System or may continue as members of the public retirement
association to which they belonged as employees of the predecessor of the Metropolitan
Council. The Metropolitan Council shall make the employer's contributions to pension funds of
its employees.
    Subd. 3. Consulting contracts. The Metropolitan Council may contract for the services of
consultants who perform engineering, legal, or services of a professional nature. Such contracts
shall not be subject to the requirements of any law relating to public bidding.
    Subd. 4. Gifts and appropriations. The Metropolitan Council may accept gifts, apply for
and use grants or loans of money or other property from the United States, the state, or any person
for any Metropolitan Council purpose and may enter into agreements required in connection
therewith and may hold, use, and dispose of such moneys or property in accordance with the
terms of the gift, grant, loan, or agreement relating thereto.
    Subd. 5. Local governmental participation. The Metropolitan Council may (1) participate
as a party in any proceedings originating under chapter 414, if the proceedings involve the change
in a boundary of a governmental unit in the metropolitan area, and (2) conduct studies of the
feasibility of annexing, enlarging, or consolidating units in the metropolitan area.
    Subd. 6. On metro agencies. (a) The Metropolitan Council shall appoint from its
membership a member to serve with each metropolitan agency. Each member of the Metropolitan
Council so appointed on each of such agencies shall serve without a vote.
(b) The Metropolitan Council shall also appoint individuals to the governing body of the
cable communications metropolitan interconnected regional channel entity under section 238.43,
subdivision 5 .
    Subd. 7. Property. The council may acquire, own, hold, use, improve, operate, maintain,
lease, exchange, transfer, sell, or otherwise dispose of personal or real property, franchises,
easements, or property rights or interests of any kind.
    Subd. 8. Insurance. The council may provide for self-insurance or otherwise provide for
insurance relating to any of its property, rights, or revenue, workers' compensation, public
liability, or any other risk or hazard arising from its activities, and may provide for insuring
any of its officers or employees against the risk or hazard at the expense of the council. If the
council provides for self-insurance, against its liability and the liability of its officers, employees,
and agents for damages resulting from its torts and those of its officers, employees, and agents,
including its obligation to pay basic economic loss benefits under sections 65B.41 to 65B.71,
it shall be entitled to deduct from damages and basic economic loss benefits all money paid or
payable to the persons seeking damages and benefits from all governmental entities providing
medical, hospital, and disability benefits except for payments made under the Minnesota family
investment program or medical assistance program.
    Subd. 9. Investigations. When necessary and proper to the performance of its duties, the
council may enter in a reasonable manner upon any premises for the purpose of making any
reasonably necessary or proper investigations and examinations. The entry is not a trespass.
The council is liable for any actual and consequential loss, injury, or damage from the entry.
When necessary and proper to the performance of its duties, the council or its authorized agents
may require the production of accounts, books, records, memoranda, correspondence, and
other documents and papers of a person receiving financial assistance from the council, may
inspect and copy them, and may have access to and may inspect the lands, buildings, facilities,
or equipment of the person.
    Subd. 10. Employee health and wellness. The council may provide a program for health
and wellness services for council employees and provide necessary staff, funds, equipment, and
facilities.
    Subd. 11. External use of existing service capacity. For purposes of this subdivision,
"service capacity" means an existing service or operation carried out by the council as authorized
by law, or existing council real or personal property, for which the council on a temporary basis has
capacity available for use outside the council. Notwithstanding other law, the council may enter
into arrangements to provide service capacity to other governmental entities or the private sector
on the terms and conditions it considers appropriate. In providing service capacity, the council:
(1) may not commit to providing the service capacity for a period in excess of five years; and
(2) must receive compensation for providing the service capacity in at least an amount
sufficient to recover the actual costs of providing the service capacity including, but not limited to,
the costs of materials and supplies, employee salaries and benefits, and administrative overhead.
History: 1975 c 13 s 6; 1975 c 271 s 6; 1985 c 285 s 48; 1986 c 444; 1994 c 628 art 3 s 39;
1997 c 72 s 1; 1999 c 159 s 132; 2002 c 320 s 1; 2003 c 2 art 5 s 11

473.1293 ENERGY FORWARD PRICING MECHANISMS.
    Subdivision 1. Definitions. The following definitions apply in this section.
(a) "Energy" means natural gas, heating oil, diesel fuel, or any other energy source, except
electric, used in Metropolitan Council operations.
(b) "Forward pricing mechanism" means either:
(1) a contract or financial instrument that obligates an entity to buy or sell a specified amount
of an energy commodity at a future date and at a set price; or
(2) an option to buy or sell the contract or financial instrument.
    Subd. 2. Authority provided. Notwithstanding any other law to the contrary, the council
may use forward pricing mechanisms for budget risk reduction.
    Subd. 3. Conditions. (a) Forward pricing transactions made under this section must be made
only under the conditions in paragraphs (b), (c), and (d).
(b) The amount of energy forward priced must not exceed the estimated energy usage for
council operations for the period of time covered by the forward pricing mechanism.
(c) The holding period and expiration date for any forward pricing mechanism must not
exceed 24 months from the trade date of the transaction.
(d) Separate accounts must be established for each operational energy for which forward
pricing mechanisms are used under this section.
    Subd. 4. Written policies and procedures. Before exercising authority under subdivision
2, the council must have written policies and procedures governing the use of forward pricing
mechanisms.
    Subd. 5. Oversight process. (a) Before exercising authority under subdivision 2, the
governing body of the council must establish an oversight process that provides for review of the
council's use of forward pricing mechanisms.
(b) The process must include:
(1) internal or external audit reviews;
(2) quarterly reports to, and review by, an internal investment committee; and
(3) internal management control.
History: 1Sp2003 c 16 s 2

473.1295 [Repealed, 1Sp2003 c 16 s 11]

473.13 BUDGET, FINANCIAL AID.
    Subdivision 1. Budget. (a) On or before December 20 of each year the council, after the
public hearing required in section 275.065, shall adopt a final budget covering its anticipated
receipts and disbursements for the ensuing year and shall decide upon the total amount necessary
to be raised from ad valorem tax levies to meet its budget. The budget shall state in detail the
expenditures for each program to be undertaken, including the expenses for salaries, consultant
services, overhead, travel, printing, and other items. The budget shall state in detail the capital
expenditures of the council for the budget year, based on a five-year capital program adopted by
the council and transmitted to the legislature. After adoption of the budget and no later than five
working days after December 20, the council shall certify to the auditor of each metropolitan
county the share of the tax to be levied within that county, which must be an amount bearing the
same proportion to the total levy agreed on by the council as the net tax capacity of the county
bears to the net tax capacity of the metropolitan area. The maximum amount of any levy made for
the purpose of this chapter may not exceed the limits set by the statute authorizing the levy.
(b) Each even-numbered year the council shall prepare for its transit programs a financial
plan for the succeeding three calendar years, in half-year segments. The financial plan must
contain schedules of user charges and any changes in user charges planned or anticipated by the
council during the period of the plan. The financial plan must contain a proposed request for state
financial assistance for the succeeding biennium.
(c) In addition, the budget must show for each year:
(1) the estimated operating revenues from all sources including funds on hand at the
beginning of the year, and estimated expenditures for costs of operation, administration,
maintenance, and debt service;
(2) capital improvement funds estimated to be on hand at the beginning of the year
and estimated to be received during the year from all sources and estimated cost of capital
improvements to be paid out or expended during the year, all in such detail and form as the
council may prescribe; and
(3) the estimated source and use of pass-through funds.
    Subd. 1a. Program evaluation. The budget procedure of the council must include a
substantive assessment and evaluation of the effectiveness of each significant program of the
council, with, to the extent possible, quantitative information on the status, progress, costs,
benefits, and effects of each program. The council shall transmit the evaluation to the legislature
annually.
    Subd. 1b. Light rail transit operating costs. If the council submits to the legislature or
governor a budget that includes proposed operating assistance for one or more light rail transit
lines operated by the council, the budget must show the proposed operating assistance for each
light rail transit line separately from all other transit operating assistance in that budget.
    Subd. 1c. Report on consultants. The annual budget must list by contract or project,
expenditures for consultants and professional, technical, and other similar services for the
preceding fiscal year and those proposed or anticipated in the next year. The council shall
consult with the state auditor and the legislative auditor on how to coherently and effectively
communicate in the budget information on professional services contracts, including a detailed
description of the:
(1) methods the council used to obtain consultant services;
(2) criteria used by the council to award the contract;
(3) number of consultants who sought the contract;
(4) total cost of the contract;
(5) duration of the contract; and
(6) source of the funds used to pay for the contract.
    Subd. 2. Levies. The auditor of each metropolitan county shall add the amount of any levy
made by the council within the limits imposed by this chapter to other tax levies imposed within
the county for collection by the county treasurer with other taxes. When collected the county
treasurer shall make settlement of the taxes with the council in the same manner as other taxes are
distributed to political subdivisions. The levy authorized by this section is in addition to any other
taxes levied within the county authorized by law.
    Subd. 3. Financial aid. The council may accept financial aid from governmental units within
the metropolitan area, from the state or federal government, and from private donors, if the
conditions under which it is offered are not incompatible with the provisions of this chapter.
    Subd. 4. Accounts; audits. The council shall keep an accurate account of its receipts and
disbursements. Disbursements of council money must be made by check or by electronic funds
transfer, signed or authorized by the chair or vice-chair of the council, and countersigned or
authorized by its regional administrator or designee after whatever auditing and approval of the
expenditure may be required by the council. The state auditor shall audit the books and accounts
of the council once each year, or as often as funds and personnel of the state auditor permit. The
council shall pay to the state the total cost and expenses of the examination, including the salaries
paid to the auditors while actually engaged in making the examination. The general fund must be
credited with all collections made for any examination.
    Subd. 5. Investing postretirement reserves. The State Board of Investment, when requested
by the council, notwithstanding chapter 118A, may invest any funds or assets that the council
may hold as a reserve for the payment of potential and estimated postretirement benefits
to employees of the council. The reserve of funds or assets by the council for potential and
estimated postretirement benefits, and its investment by the State Board of Investment under this
subdivision, does not constitute an irrevocable dedication of the funds or assets for such use.
History: 1986 c 460 s 7; 1Sp1986 c 3 art 2 s 29,30; 1988 c 675 s 1,2; 1988 c 719 art 5 s 84;
1989 c 329 art 13 s 20; 1989 c 335 art 4 s 90; 1993 c 375 art 7 s 15; 1994 c 416 art 1 s 51; 1994 c
628 art 3 s 40,41; 1995 c 236 s 4,5; 1997 c 7 art 1 s 149; 1Sp2001 c 8 art 2 s 69; 1Sp2001 c 10
art 2 s 79; 1Sp2003 c 16 s 3; 2004 c 140 s 1; 2004 c 175 s 1

473.132 SHORT-TERM INDEBTEDNESS.
The council may issue certificates of indebtedness or capital notes to purchase equipment to
be owned and used by the council and having an expected useful life of at least as long as the
terms of the certificates or notes. The certificates or notes shall be payable in not more than five
years and shall be issued on such terms and in such manner as the council may determine, and for
this purpose the council may secure payment of the certificates or notes by resolution or by trust
indenture entered into by the council with a corporate trustee within or outside the state, and by a
mortgage in the equipment financed. The total principal amount of the notes or certificates issued
in a fiscal year should not exceed one-half of one percent of the tax capacity of the metropolitan
area for that year. The full faith and credit of the council shall be pledged to the payment of the
certificates or notes, and a tax levy shall be made for the payment of the principal and interest on
the certificates or notes, in accordance with section 475.61, as in the case of bonds issued by a
municipality. The tax levy authorized by this section must be deducted from the amount of taxes
the council is otherwise authorized to levy under section 473.249.
History: 1989 c 355 s 12

473.141 [Repealed, 1994 c 628 art 3 s 209]

473.142 SMALL BUSINESSES.
(a) The Metropolitan Council and agencies specified in section 473.143, subdivision 1, may
award up to a six percent preference in the amount bid for specified goods or services to small
targeted group businesses designated under section 16C.16.
(b) The council and each agency specified in section 473.143, subdivision 1, may designate a
purchase of goods or services for award only to small targeted group businesses designated
under section 16C.16 if the council or agency determines that at least three small targeted group
businesses are likely to bid.
(c) The council and each agency specified in section 473.143, subdivision 1, as a condition of
awarding a construction contract or approving a contract for consultant, professional, or technical
services, may set goals that require the prime contractor to subcontract a portion of the contract
to small targeted group businesses designated under section 16C.16. The council or agency
must establish a procedure for granting waivers from the subcontracting requirement when
qualified small targeted group businesses are not reasonably available. The council or agency may
establish financial incentives for prime contractors who exceed the goals for use of subcontractors
and financial penalties for prime contractors who fail to meet goals under this paragraph. The
subcontracting requirements of this paragraph do not apply to prime contractors who are small
targeted group businesses. At least 75 percent of the value of the subcontracts awarded to small
targeted group businesses under this paragraph must be performed by the business to which the
subcontract is awarded or by another small targeted group business.
(d) The council and each agency listed in section 473.143, subdivision 1, are encouraged to
purchase from small targeted group businesses designated under section 16C.16 when making
purchases that are not subject to competitive bidding procedures.
(e) The council and each agency may adopt rules to implement this section.
(f) Each council or agency contract must require the prime contractor to pay any
subcontractor within ten days of the prime contractor's receipt of payment from the council or
agency for undisputed services provided by the subcontractor. The contract must require the prime
contractor to pay interest of 1-1/2 percent per month or any part of a month to the subcontractor
on any undisputed amount not paid on time to the subcontractor. The minimum monthly interest
penalty payment for an unpaid balance of $100 or more is $10. For an unpaid balance of less than
$100, the prime contractor shall pay the actual penalty due to the subcontractor. A subcontractor
who prevails in a civil action to collect interest penalties from a prime contractor must be awarded
its costs and disbursements, including attorney fees, incurred in bringing the action.
(g) This section does not apply to procurement financed in whole or in part with federal funds
if the procurement is subject to federal disadvantaged, minority, or women business enterprise
regulations. The council and each agency shall report to the commissioner of administration on
compliance with this section. The information must be reported at the time and in the manner
requested by the commissioner.
History: 1988 c 680 s 2; 1988 c 689 art 2 s 268; 1989 c 352 s 20,25; 1990 c 541 s 27,29;
1998 c 386 art 2 s 94

473.1425 WORKING CAPITAL FUND.
The Metropolitan Council or a metropolitan agency defined in section 473.121, subdivision
5a , to the extent allowed by other law or contract, may grant available money that has been
appropriated for socially or economically disadvantaged business programs to a guaranty fund
administered by a nonprofit organization that makes or guarantees working capital loans to
businesses owned and operated by socially or economically disadvantaged persons as defined in
Code of Federal Regulations, title 49, section 23.5. The purpose of loans made or guaranteed by
the organization must be to provide short-term working capital to enable eligible businesses to be
awarded contracts for goods and services or for construction related services from government
agencies.
History: 1989 c 320 s 2

473.143 AFFIRMATIVE ACTION PLANS.
    Subdivision 1. Application. For purposes of this section, "agency" means a metropolitan
agency as defined in section 473.121, except the Metropolitan Parks and Open Space Commission.
Agency also means the Metropolitan Mosquito Control Commission. For purposes of this section,
"commissioner" means the commissioner of the state Department of Employee Relations.
    Subd. 2. Development and contents. The council and each agency shall develop an
affirmative action plan and submit its plan to the commissioner for approval. The commissioner
may not approve a plan unless the commissioner determines that it will be effective in assuring
that employment positions are equally accessible to all qualified persons, in eliminating the
underutilization of qualified members of protected groups, in providing a supportive work
environment to all employees, regardless of race, religion, sex, national origin, or disability, and
in dealing with discrimination complaints. For purposes of this section, "protected group" has the
meaning given it in section 43A.02, subdivision 33. A plan must contain at least the elements
required in this subdivision.
(a) It must identify protected groups that are underrepresented in the council's or agency's
work force.
(b) It must designate a person responsible for directing and implementing the affirmative
action program and assign the specific responsibilities and duties of that person. The person
responsible for implementing the program shall report directly to the council's or agency's chief
operating officer regarding the person's affirmative action duties. The person responsible for
the affirmative action program shall review examination and other selection criteria to assure
compliance with law. This person shall be involved in the filling of all vacancies in the council or
agency work force, to the extent necessary to facilitate attainment of affirmative action goals.
(c) It must describe the methods by which the plan will be communicated to employees
and to other persons.
(d) It must describe methods for recruiting members of protected groups. These methods
may include internship programs, cooperation with union apprenticeship programs, and other
steps necessary to expand the number of protected group members in applicant pools.
(e) It must describe internal procedures in accordance with this paragraph for processing
complaints of alleged discrimination from job applicants and employees. The procedures must
provide for an initial determination of whether the complaint is properly a discrimination
complaint subject to the procedure under the affirmative action plan. Complaints filed under the
discrimination procedures that allege reprisals against an employee for opposing a forbidden
practice or for filing a charge, testifying, or participating in an investigation, proceeding, or
hearing relating to a forbidden practice are appealable to the chief operating officer of the council
or agency. Procedures under this paragraph must be distinct from any procedures available
under a union contract or personnel policy for nondiscrimination complaints. Use of procedures
developed under this paragraph is not a prerequisite to filing charges with a governmental
enforcement agency, nor does it limit a person's right to file these charges.
(f) It must set goals and timetables to eliminate underutilization of members of each
protected group in the council or agency work force.
(g) It must provide a plan for retaining and promoting protected group members in the council
or agency work force. This plan should encourage training opportunities for protected group
members, to the extent necessary to eliminate underutilization in specific parts of the work force.
(h) It must describe methods of auditing, evaluating, and reporting program success,
including a procedure that requires a preemployment review of all hiring decisions for
occupational groups with unmet affirmative action goals.
(i) It must provide for training of management and supervisory personnel in implementation
of the plan and in dealing with alleged acts of discrimination in the workplace.
(j) It must provide for periodic surveying of the council or agency work force to determine
employee attitudes toward implementation of the plan.
(k) It must provide for creation of an employee committee to advise on implementation of
the plan and on any changes needed in the plan.
    Subd. 3. Harassment. The council and each agency shall adopt written policies forbidding
harassment based on sex, disability, or race in their workplaces and establishing implementation
plans and grievance procedures to deal with complaints of harassment based on sex, disability, or
race.
    Subd. 4. Performance evaluation. The evaluation of the performance of each supervisory
and managerial employee of the council and the agencies must include evaluation of the person's
performance in implementing the council's or agency's affirmative action plan and in preventing
forbidden discrimination in the workplace.
    Subd. 5. Report. By March 1 each year, the commissioner shall report to the legislature on
affirmative action progress of the council and of each agency. The report must include:
(1) an audit of the record of the council and each agency to determine compliance with
affirmative action goals and to evaluate overall progress in attainment of overall affirmative
action objectives;
(2) if the council or any agency has failed to make satisfactory progress toward its affirmative
action goals, a list of unmet goals and an analysis of why the failure occurred;
(3) a summary of all personnel actions taken by the council and each agency during the past
calendar year, categorized by occupational group, protected group status, and full-time, part-time,
temporary, and seasonal status; and
(4) a summary of discrimination complaints and lawsuits against the council and each agency
filed or resolved during the past calendar year, including the basis for the complaints and lawsuits.
For purposes of this subdivision, "personnel action" means a new hire, promotion, transfer,
demotion, layoff, recall from layoff, suspension with or without pay, letter of reprimand,
involuntary termination, other disciplinary action, and voluntary termination.
The council and each agency shall report to the commissioner all information that the
commissioner requests to make the report required by this subdivision. In providing this
information, the council and agencies are not required to reveal information that is not public
data under chapter 13.
The council and each agency shall submit these reports at the time and in the manner
requested by the commissioner. The commissioner shall report to the legislature on the failure of
the council or an agency to file the required report in a timely manner.
    Subd. 6. Coordination. The commissioner or a designee shall meet with affirmative action
officers of the council and all of the agencies to share successful techniques and foster innovative
means to implement affirmative action plans and eliminate discrimination in the workplace.
    Subd. 7. Coordination with legislature. The council and each agency shall facilitate
legislative oversight of equal opportunity practices by providing the legislature access, including
access to computerized records if compatible systems exist, to public data maintained by the
agency. The council and agencies must not provide access to information that is not public data
as defined in section 13.02, subdivision 8a.
History: 1988 c 680 s 3

473.144 CERTIFICATES OF COMPLIANCE FOR CONTRACTS.
(a) For all contracts for goods and services in excess of $100,000, neither the council
nor an agency listed in section 473.143, subdivision 1, shall accept any bid or proposal for a
contract or agreement from any business having more than 40 full-time employees within this
state on a single working day during the previous 12 months, unless the firm or business has an
affirmative action plan for the employment of minority persons, women, and qualified disabled
individuals submitted to the commissioner of human rights for approval. Neither the council nor
an agency listed in section 473.143, subdivision 1, shall execute the contract or agreement until
the affirmative action plan has been approved by the commissioner of human rights. Receipt of a
certificate of compliance from the commissioner of human rights signifies that a business has an
approved affirmative action plan. A certificate is valid for two years. Section 363A.36 governs
revocation of certificates. The rules adopted by the commissioner of human rights under section
363A.37 apply to this section.
(b) This paragraph applies to a contract for goods or services in excess of $100,000 to be
entered into between the council or an agency listed in section 473.143, subdivision 1, and a
business that is not subject to paragraph (a), but that has more than 40 full-time employees on a
single working day during the previous 12 months in the state where the business has its primary
place of business. The council or the agency may not execute a contract or agreement with a
business covered by this paragraph unless the business has a certificate of compliance issued by
the commissioner under paragraph (a) or the business certifies to the contracting agency that it
is in compliance with federal affirmative action requirements.
History: 1988 c 680 s 4; 1991 c 19 s 2; 1993 c 277 s 8; 1998 c 385 s 1

473.145 DEVELOPMENT GUIDE.
The Metropolitan Council shall prepare and adopt, after appropriate study and such public
hearings as may be necessary, a comprehensive development guide for the metropolitan area.
It shall consist of a compilation of policy statements, goals, standards, programs, and maps
prescribing guides for the orderly and economical development, public and private, of the
metropolitan area. The comprehensive development guide shall recognize and encompass
physical, social, or economic needs of the metropolitan area and those future developments which
will have an impact on the entire area including but not limited to such matters as land use, parks
and open space land needs, the necessity for and location of airports, highways, transit facilities,
public hospitals, libraries, schools, and other public buildings.
History: 1975 c 13 s 8; 1989 c 306 s 1

473.1455 [Repealed, 2007 c 113 s 20]

473.146 POLICY PLANS FOR METROPOLITAN AGENCIES.
    Subdivision 1. Requirement. The council shall adopt a long-range comprehensive policy
plan for transportation and wastewater treatment. The plans must substantially conform to all
policy statements, purposes, goals, standards, and maps in the development guide developed and
adopted by the council under this chapter. Each policy plan must include, to the extent appropriate
to the functions, services, and systems covered, the following:
(1) forecasts of changes in the general levels and distribution of population, households,
employment, land uses, and other relevant matters, for the metropolitan area and appropriate
subareas;
(2) a statement of issues, problems, needs, and opportunities with respect to the functions,
services, and systems covered;
(3) a statement of the council's goals, objectives, and priorities with respect to the functions,
services, and systems covered, addressing areas and populations to be served, the levels,
distribution, and staging of services; a general description of the facility systems required to
support the services; the estimated cost of improvements required to achieve the council's goals for
the regional systems, including an analysis of what portion of the funding for each improvement
is proposed to come from the state, Metropolitan Council levies, and cities, counties, and towns in
the metropolitan area, respectively, and other similar matters;
(4) a statement of policies to effectuate the council's goals, objectives, and priorities;
(5) a statement of the fiscal implications of the council's plan, including a statement of: (i)
the resources available under existing fiscal policy; (ii) the adequacy of resources under existing
fiscal policy and any shortfalls and unattended needs; (iii) additional resources, if any, that are or
may be required to effectuate the council's goals, objectives, and priorities; and (iv) any changes
in existing fiscal policy, on regional revenues and intergovernmental aids respectively, that are
expected or that the council has recommended or may recommend;
(6) a statement of the relationship of the policy plan to other policy plans and chapters of the
Metropolitan Development Guide;
(7) a statement of the relationships to local comprehensive plans prepared under sections
473.851 to 473.871; and
(8) additional general information as may be necessary to develop the policy plan or as may
be required by the laws relating to the metropolitan agency and function covered by the policy
plan.
    Subd. 2.[Repealed, 1994 c 628 art 3 s 209]
    Subd. 2a.[Repealed, 1994 c 628 art 3 s 209]
    Subd. 2b.[Repealed, 1994 c 628 art 3 s 209]
    Subd. 2c.[Repealed, 1994 c 628 art 3 s 209]
    Subd. 3. Development guide: transportation. The transportation chapter must include
policies relating to all transportation forms and be designed to promote the legislative
determinations, policies, and goals set forth in section 473.371. In addition to the requirements of
subdivision 1 regarding the contents of the policy plan, the nontransit element of the transportation
chapter must include the following:
(1) a statement of the needs and problems of the metropolitan area with respect to the
functions covered, including the present and prospective demand for and constraints on access
to regional business concentrations and other major activity centers and the constraints on and
acceptable levels of development and vehicular trip generation at such centers;
(2) the objectives of and the policies to be forwarded by the policy plan;
(3) a general description of the physical facilities and services to be developed;
(4) a statement as to the general location of physical facilities and service areas;
(5) a general statement of timing and priorities in the development of those physical facilities
and service areas;
(6) a detailed statement, updated every two years, of timing and priorities for improvements
and expenditures needed on the metropolitan highway system;
(7) a general statement on the level of public expenditure appropriate to the facilities; and
(8) a long-range assessment of air transportation trends and factors that may affect airport
development in the metropolitan area and policies and strategies that will ensure a comprehensive,
coordinated, and timely investigation and evaluation of alternatives for airport development.
The council shall develop the nontransit element in consultation with the transportation
advisory board and the Metropolitan Airports Commission and cities having an airport located
within or adjacent to its corporate boundaries. The council shall also take into consideration the
airport development and operations plans and activities of the commission. The council shall
transmit the results to the state Department of Transportation.
    Subd. 4. Transportation planning. (a) The Metropolitan Council is the designated planning
agency for any long-range comprehensive transportation planning required by section 134 of the
Federal Highway Act of 1962, Section 4 of Urban Mass Transportation Act of 1964 and Section
112 of Federal Aid Highway Act of 1973 and other federal transportation laws. The council shall
assure administration and coordination of transportation planning with appropriate state, regional
and other agencies, counties, and municipalities.
(b) The council shall establish an advisory body consisting of citizens and representatives of
municipalities, counties, and state agencies in fulfillment of the planning responsibilities of the
council. The membership of the advisory body must consist of:
(1) the commissioner of transportation or the commissioner's designee;
(2) the commissioner of the Pollution Control Agency or the commissioner's designee;
(3) one member of the Metropolitan Airports Commission appointed by the commission;
(4) one person appointed by the council to represent nonmotorized transportation;
(5) one person appointed by the commissioner of transportation to represent the freight
transportation industry;
(6) two persons appointed by the council to represent public transit;
(7) ten elected officials of cities within the metropolitan area, including one representative
from each first-class city, appointed by the association of metropolitan municipalities;
(8) one member of the county board of each county in the seven-county metropolitan area,
appointed by the respective county boards;
(9) eight citizens appointed by the council, one from each council precinct; and
(10) one member of the council, appointed by the council.
The council shall appoint a chair from among the members of the advisory body.
History: 1975 c 13 s 9; 1976 c 166 s 7; 1984 c 654 art 3 s 108,109; 1986 c 460 s 13-15;
1988 c 675 s 3; 1994 c 628 art 3 s 42,43; 1995 c 186 s 119; 1Sp2001 c 8 art 2 s 70; 1Sp2003
c 16 s 4; 2005 c 123 s 2,3

473.1465 TRANSPORTATION POLICY.
    Subdivision 1. Definition. For the purposes of this section and section 473.1466 "commuting
area" means the metropolitan area and counties outside the metropolitan area in which five percent
or more of the residents commute to employment in the metropolitan area.
    Subd. 2. Revised transportation policy plan. The Metropolitan Council shall adopt, after
appropriate public comment, a revised transportation policy plan that:
(1) is consistent with state law and council policy;
(2) identifies and summarizes issues concerning commuting into and out of the seven-county
area from the commuting area;
(3) integrates and maximizes the efficiencies and effectiveness of all modes of transportation
in the region; and
(4) reflects and does not exceed current available resources.
The council shall adopt the revised transportation policy plan by December 31, 1996.
    Subd. 3. Project evaluation. As part of developing the revised transportation policy plan, the
council shall evaluate all proposed and pending transportation projects that are subject to council
review and report to the legislature the results of council's evaluation.
History: 1996 c 464 art 2 s 1

473.1466 PERFORMANCE AUDIT; TRANSIT EVALUATION.
(a) In 1997 and every four years thereafter, the council shall provide for an independent
entity selected through a request for proposal process conducted nationwide to do a performance
audit of the commuting area's transportation system as a whole. The performance audit must
evaluate the commuting area's ability to meet the region's needs for effective and efficient
transportation of goods and people, evaluate future trends and their impacts on the region's
transportation system, and make recommendations for improving the system. The performance
audit must recommend performance-funding measures.
(b) In 1999 and every four years thereafter, the council must evaluate the performance of
the metropolitan transit system's operation in relationship to the regional transit performance
standards developed by the council.
History: 1996 c 464 art 2 s 2; 1999 c 230 s 37

473.147 REGIONAL RECREATION OPEN SPACE SYSTEM POLICY PLAN.
    Subdivision 1. Requirements. The Metropolitan Council after consultation with the Parks
and Open Space Commission, municipalities, park districts and counties in the metropolitan area,
and after appropriate public hearings, shall prepare and adopt a long-range system policy plan for
regional recreation open space as part of the council's Metropolitan Development Guide. The
plan shall substantially conform to all policy statements, purposes, goals, standards, and maps in
development guide sections and comprehensive plans as developed and adopted by the council
pursuant to the chapters of the Minnesota Statutes directly relating to the council. The policy plan
shall identify generally the areas which should be acquired by a public agency to provide a system
of regional recreation open space comprising park district, county and municipal facilities which,
together with state facilities, reasonably will meet the outdoor recreation needs of the people of
the metropolitan area and shall establish priorities for acquisition and development. The policy
plan shall estimate the cost of the recommended acquisitions and development, including an
analysis of what portion of the funding is proposed to come from the state, Metropolitan Council
levies, and cities, counties, and towns in the metropolitan area, respectively. In preparing or
amending the policy plan the council shall consult with and make maximum use of the expertise
of the commission. The policy plan shall include a five year capital improvement program,
which shall be revised periodically, and shall establish criteria and priorities for the allocation
of funds for such acquisition and development. The legislature in each bonding measure shall
designate an anticipated level of funding for this acquisition and development for each of the
two succeeding bienniums.
    Subd. 2. Review, comment, hearing; revision. Before adopting the policy plan, the council
shall submit the proposed plan to the parks and open space commission for its review, and the
commission shall report its comments to the council within 60 days. The council shall hold a
public hearing on the proposed policy plan at such time and place in the metropolitan area as it
shall determine. Not less than 15 days before the hearing, the council shall publish notice thereof
in a newspaper or newspapers having general circulation in the metropolitan area, stating the
date, time and place of hearing, and the place where the proposed policy plan and commission
comments may be examined by any interested person. At any hearing interested persons shall
be permitted to present their views on the policy plan, and the hearing may be continued from
time to time. After receipt of the commission's report and hearing, the council may revise the
proposed plan giving appropriate consideration to all comments received, and thereafter shall
adopt the plan by resolution. An amendment to the policy plan may be proposed by the council or
by the parks and open space commission. At least every four years the council shall engage in
a comprehensive review of the policy plan, development guide sections, comprehensive plans,
capital improvement programs and other plans in substantial conformance with the requirements
of subdivision 1 which have been adopted by the council.
History: 1975 c 13 s 10; 1983 c 344 s 24; 1Sp2003 c 16 s 5

473.149 SOLID WASTE COMPREHENSIVE PLANNING.
    Subdivision 1. Policy plan; general requirements. The commissioner of the Pollution
Control Agency may revise the metropolitan long range policy plan for solid waste management
adopted and revised by the Metropolitan Council prior to the transfer of powers and duties in
Laws 1994, chapter 639, article 5, section 2. The plan shall be followed in the metropolitan area.
Until the commissioner revises it, the plan adopted and revised by the council on September 26,
1991, remains in effect. The plan shall address the state policies and purposes expressed in section
115A.02. In revising the plan the commissioner shall follow the procedures in subdivision 3. The
plan shall include goals and policies for solid waste management, including recycling consistent
with section 115A.551, and household hazardous waste management consistent with section
115A.96, subdivision 6, in the metropolitan area.
The plan shall include criteria and standards for solid waste facilities and solid waste
facility sites respecting the following matters: general location; capacity; operation; processing
techniques; environmental impact; effect on existing, planned, or proposed collection services and
waste facilities; and economic viability. The plan shall, to the extent practicable and consistent
with the achievement of other public policies and purposes, encourage ownership and operation
of solid waste facilities by private industry. For solid waste facilities owned or operated by public
agencies or supported primarily by public funds or obligations issued by a public agency, the
plan shall include additional criteria and standards to protect comparable private and public
facilities already existing in the area from displacement unless the displacement is required in
order to achieve the waste management objectives identified in the plan. In revising the plan,
the commissioner shall consider the orderly and economic development, public and private, of
the metropolitan area; the preservation and best and most economical use of land and water
resources in the metropolitan area; the protection and enhancement of environmental quality; the
conservation and reuse of resources and energy; the preservation and promotion of conditions
conducive to efficient, competitive, and adaptable systems of waste management; and the orderly
resolution of questions concerning changes in systems of waste management. Criteria and
standards for solid waste facilities shall be consistent with rules adopted by the Pollution Control
Agency pursuant to chapter 116 and shall be at least as stringent as the guidelines, regulations,
and standards of the federal Environmental Protection Agency.
    Subd. 2.[Repealed, 1995 c 247 art 1 s 67]
    Subd. 2a.[Repealed, 1995 c 247 art 1 s 67]
    Subd. 2b.[Repealed, 1991 c 337 s 90]
    Subd. 2c.[Repealed, 1995 c 247 art 1 s 67]
    Subd. 2d. Land disposal abatement plan. (a) The commissioner shall include in the policy
plan specific and quantifiable metropolitan objectives for abating to the greatest feasible and
prudent extent the need for and practice of land disposal of mixed municipal solid waste and of
specific components of the solid waste stream, including residuals and ash, either by type of
waste or class of generator.
(b) The objectives must be stated in six-year increments for a period of at least 20 years from
the date of adoption of policy plan revisions. The plan must include a reduced estimate of the
capacity, based on the abatement objectives, needed for the disposal of various types of waste
in each six-year increment.
(c) The plan must include objectives for waste reduction and measurable objectives for local
abatement of solid waste through resource recovery, recycling, and source separation programs
for each metropolitan county stated in six-year increments for a period of at least 20 years from
the date of adoption of policy plan revisions.
(d) The standards must be based upon and implement the metropolitan abatement objectives.
The plan must include standards and procedures to be used by the commissioner in determining
whether a metropolitan county has implemented the metropolitan land disposal abatement plan
and has achieved the objectives for local abatement.
    Subd. 2e. Disposal capacity needs. After requesting and considering recommendations from
the counties, cities, and towns, the commissioner as part of the policy plan shall determine the
capacity needed to serve the metropolitan area for disposal of solid waste, including residuals and
ash, in six-year increments for a period of at least 20 years from adoption of policy plan revisions.
In making the capacity determination, the commissioner must take into account the reduced
estimate of disposal capacity needed because of the land disposal abatement plan.
The commissioner's determination must include standards and procedures for certification of
need pursuant to section 473.823.
    Subd. 2f.[Repealed, 1995 c 247 art 1 s 67]
    Subd. 3. Preparation; adoption; and revision. (a) The solid waste policy plan shall
be prepared, adopted, and revised as necessary in accordance with paragraphs (c) to (e), after
consultation with the metropolitan counties.
(b) Revisions to the policy plan are exempt from the rulemaking provisions of chapter 14.
(c) Before beginning preparation of revisions to the policy plan, the commissioner shall
publish a predrafting notice in the State Register that includes a statement of the subjects expected
to be covered by the revisions, including a summary of the important problems and issues. The
notice must solicit comments from the public and state that the comments must be received by the
commissioner within 45 days of publication of the notice. The commissioner shall consider the
comments in preparing the revisions.
(d) After publication of the predrafting notice and before adopting revisions to the policy
plan, the commissioner shall publish a notice in the State Register that:
(1) contains a summary of the proposed revisions;
(2) invites public comment;
(3) lists locations where the proposed revised policy plan can be reviewed and states that
copies of the proposed revised policy plan can also be obtained from the Pollution Control Agency;
(4) states a location for a public meeting on the revisions at a time no earlier than 30 days
from the date of publication; and
(5) advises the public that they have 30 days from the date of the public meeting in clause
(4) to submit comments on the revisions to the commissioner.
(e) At the meeting described in paragraph (d), clause (4), the public shall be given an
opportunity to present their views on the policy plan revisions. The commissioner shall
incorporate any amendments to the proposed revisions that, in the commissioner's view, will help
to carry out the requirements of subdivisions 1, 2d, and 2e. At or before the time that policy plan
revisions are finally adopted, the commissioner shall issue a report that addresses issues raised in
the public comments. The report shall be made available to the public and mailed to interested
persons who have submitted their names and addresses to the commissioner.
(f) The criteria and standards adopted in the policy plan for review of solid waste facility
permits pursuant to section 473.823, subdivision 3; for issuance of certificates of need pursuant
to section 473.823, subdivision 6; and for review of solid waste contracts pursuant to section
473.813 may be appealed to the Court of Appeals within 30 days after final adoption of the
policy plan. The court may declare the challenged portion of the policy plan invalid if it violates
constitutional provisions, is in excess of statutory authority of the commissioner, or was adopted
without compliance with the procedures in this subdivision. The review shall be on the record
created during the adoption of the policy plan, except that additional evidence may be included in
the record if the court finds that the additional evidence is material and there were good reasons
for failure to present it in the proceedings described in paragraphs (c) to (e).
(g) The Metropolitan Council or a metropolitan county, local government unit, commission,
or person shall not acquire, construct, improve or operate any solid waste facility in the
metropolitan area except in accordance with the plan and section 473.823, provided that no solid
waste facility in use when a plan is adopted shall be discontinued solely because it is not located
in an area designated in the plan as acceptable for the location of such facilities.
    Subd. 4.[Repealed, 1997 c 45 s 3]
    Subd. 5.[Repealed, 1995 c 247 art 2 s 55]
    Subd. 6. Report to legislature. The commissioner shall report on abatement to the
Environment and Natural Resources committees of the senate and house of representatives, the
Finance Division of the senate Committee on Environment and Natural Resources, and the house
of representatives Committee on Environment and Natural Resources Finance by July 1 of each
odd-numbered year. The report must include an assessment of whether the objectives of the
metropolitan abatement plan have been met and whether each county and each class of city within
each county have achieved the objectives set for it in the plan. The report must recommend any
legislation that may be required to implement the plan. The report shall be included in the report
required by section 115A.411. If in any year the commissioner reports that the objectives of the
abatement plan have not been met, the commissioner shall evaluate and report on the need to
reassign governmental responsibilities among cities, counties, and metropolitan agencies to assure
implementation and achievement of the metropolitan and local abatement plans and objectives.
The report must include a report on the operating, capital, and debt service costs of solid
waste facilities in the metropolitan area; changes in the costs; the methods used to pay the costs;
and the resultant allocation of costs among users of the facilities and the general public. The
facility costs report must present the cost and financing analysis in the aggregate and broken
down by county and by major facility.
History: 1975 c 13 s 11; 1976 c 179 s 7-9; 1980 c 564 art 10 s 2; 1981 c 352 s 31-34; 1982 c
569 s 22; 1983 c 373 s 46-50; 1984 c 644 s 58,59; 1985 c 248 s 70; 1985 c 274 s 16; 1986 c 460 s
16; 1987 c 348 s 39,40; 1987 c 384 art 2 s 101; 1988 c 685 s 29; 1989 c 325 s 51-53; 1989 c
335 art 1 s 269; 1Sp1989 c 1 art 20 s 27; 1991 c 199 art 2 s 1; 1991 c 337 s 63,64; 1993 c 249 s
39; 1994 c 585 s 40; 1994 c 628 art 3 s 44; 1995 c 186 s 83; 1995 c 247 art 1 s 47-51; art 2 s
24; 1996 c 470 s 27; 1Sp2005 c 1 art 2 s 161

473.151 DISCLOSURE.
For the purpose of the rules, plans, and reports required or authorized by sections 473.149,
473.516, 473.801 to 473.823 and this section, each generator of hazardous waste and each owner
or operator of a collection service or waste facility annually shall make the following information
available to the agency, council, Pollution Control Agency, and metropolitan counties: a schedule
of rates and charges in effect or proposed for a collection service or the processing of waste
delivered to a waste facility and a description, in aggregate amounts indicating the general
character of the solid and hazardous waste collection and processing system, of the types and the
quantity, by types, of waste generated, collected, or processed. The county, council, office, and
agency shall act in accordance with the provisions of section 116.075, subdivision 2, with respect
to information for which confidentiality is claimed.
History: 1976 c 179 s 18; 1985 c 248 s 70; 1995 c 247 art 2 s 25; 1Sp2005 c 1 art 2 s 161

473.153 [Repealed, 1994 c 628 art 3 s 209]

473.155 [Repealed, 2005 c 123 s 8]

473.1551 NEW AIRPORT SEARCH AREAS.
    Subdivision 1. Candidate search areas protection. (a) The provisions of this subdivision
apply within areas designated by the Metropolitan Council as candidates for selection as a search
area for a new major airport under section 473.155, subdivision 3. The provisions apply until the
council has selected a search area under section 473.155, subdivision 3.
(b) All land within the candidate search areas not zoned for other use is zoned for use
exclusively for agricultural purposes, except that a prior nonconforming use established with
reference to any lot or parcel of land may be continued.
(c) A local government unit in the metropolitan area may not permit a change in zoning, a
zoning variance, or a conditional use, including planned unit developments, that the local unit
or the Metropolitan Council determines is inconsistent with the comprehensive plan for the
local government unit adopted in accordance with sections 473.175 and 473.851 to 473.871,
or any other authority. Before approving an application or proposal for a change in zoning,
zoning variance, or conditional use, the local government unit shall submit the application or
proposal to the Metropolitan Council for review and approval or disapproval. The council may
disapprove the application or proposal only if the council determines that it is inconsistent with
the comprehensive plan of the local unit.
(d) The council shall give notice to the Metropolitan Airports Commission of all submittals
under paragraph (c). The commission may comment to the council on any submittal.
(e) The council shall approve or disapprove a submittal within 90 days following receipt by
the council, unless a time extension is mutually agreed to by the council and the submitting unit.
The commission has 45 days after notification to comment. The council and the commission shall
establish administrative procedures for expedited disposition of proposals or applications that
do not warrant metropolitan review.
(f) If a candidate search area includes land within a local unit of government outside of the
metropolitan area, the Metropolitan Council and the local unit may enter into an agreement
for the joint exercise of powers necessary to determine whether a proposed change in zoning,
zoning variance, or conditional use will be compatible with the development and operation of
a major airport.
    Subd. 2.[Repealed, 1996 c 464 art 3 s 16]
History: 1990 c 440 s 1

473.156 [Repealed, 1Sp2005 c 1 art 2 s 162]

473.1565 METROPOLITAN AREA WATER SUPPLY PLANNING ACTIVITIES;
ADVISORY COMMITTEE.
    Subdivision 1. Planning activities. (a) The Metropolitan Council must carry out planning
activities addressing the water supply needs of the metropolitan area as defined in section 473.121,
subdivision 2 . The planning activities must include, at a minimum:
    (1) development and maintenance of a base of technical information needed for sound
water supply decisions including surface and groundwater availability analyses, water demand
projections, water withdrawal and use impact analyses, modeling, and similar studies;
    (2) development and periodic update of a metropolitan area master water supply plan,
prepared in cooperation with and subject to the approval of the commissioner of natural
resources, that:
    (i) provides guidance for local water supply systems and future regional investments;
    (ii) emphasizes conservation, interjurisdictional cooperation, and long-term sustainability;
and
    (iii) addresses the reliability, security, and cost-effectiveness of the metropolitan area water
supply system and its local and subregional components;
    (3) recommendations for clarifying the appropriate roles and responsibilities of local,
regional, and state government in metropolitan area water supply;
    (4) recommendations for streamlining and consolidating metropolitan area water supply
decision-making and approval processes; and
    (5) recommendations for the ongoing and long-term funding of metropolitan area water
supply planning activities and capital investments.
    (b) The council must carry out the planning activities in this subdivision in consultation with
the Metropolitan Area Water Supply Advisory Committee established in subdivision 2.
    Subd. 2. Advisory committee. (a) A Metropolitan Area Water Supply Advisory Committee
is established to assist the council in its planning activities in subdivision 1. The advisory
committee has the following membership:
(1) the commissioner of agriculture or the commissioner's designee;
(2) the commissioner of health or the commissioner's designee;
(3) the commissioner of natural resources or the commissioner's designee;
(4) the commissioner of the Pollution Control Agency or the commissioner's designee;
(5) two officials of counties that are located in the metropolitan area, appointed by the
governor;
(6) five officials of noncounty local governmental units that are located in the metropolitan
area, appointed by the governor; and
(7) the chair of the Metropolitan Council or the chair's designee, who is chair of the advisory
committee.
A local government unit in each of the seven counties in the metropolitan area must be
represented in the seven appointments made under clauses (5) and (6).
(b) Members of the advisory committee appointed by the governor serve at the pleasure
of the governor. Members of the advisory committee serve without compensation but may be
reimbursed for their reasonable expenses as determined by the Metropolitan Council. The
advisory committee expires December 31, 2008.
(c) The council must consider the work and recommendations of the advisory committee
when the council is preparing its regional development framework.
    Subd. 3. Reports to legislature. The council must submit reports to the legislature regarding
its findings, recommendations, and continuing planning activities under subdivision 1. The first
report must be submitted to the legislature by the date the legislature convenes in 2007 and
subsequent reports must be submitted by such date every five years thereafter.
History: 1Sp2005 c 1 art 2 s 147; 2007 c 131 art 1 s 79

473.157 WATER RESOURCES PLAN.
To help achieve federal and state water quality standards, provide effective water pollution
control, and help reduce unnecessary investments in advanced wastewater treatment, the council
shall adopt a water resources plan that includes management objectives and target pollution loads
for watersheds in the metropolitan area. The council shall recommend to the Board of Water and
Soil Resources performance standards for watershed plans in the metropolitan area, including
standards relating to the timing of plan revisions and proper water quality management.
History: 1990 c 601 s 5

473.161 [Repealed, 1994 c 628 art 3 s 209]

473.1623 [Repealed, 1Sp2003 c 16 s 11]

473.163 [Repealed, 1994 c 628 art 3 s 209]

473.1631 LEGISLATIVE REVIEW.
All metropolitan agencies shall file their budgets with the secretary of the senate and the
clerk of the house of representatives on January 15 of the first year of each biennium for review
by the committees of each body that have jurisdiction over the metropolitan agencies.
History: 1991 c 183 s 2

473.164 SPORTS, AIRPORT COMMISSIONS TO PAY COUNCIL COSTS.
    Subdivision 1. Annually reimburse. The Metropolitan Sports Facilities Commission and
the Metropolitan Airports Commission shall annually reimburse the council for costs incurred by
the council in the discharge of its responsibilities relating to the commission. The costs may be
charged against any revenue sources of the commission as determined by the commission.
    Subd. 2. Estimates, budget, transfer. On or before May 1 of each year, the council shall
transmit to each commission an estimate of the costs which the council will incur in the discharge
of its responsibilities related to the commission in the next budget year including, without
limitation, costs in connection with the preparation, review, implementation and defense of
plans, programs and budgets of the commission. Each commission shall include the estimates
in its budget for the next budget year and may transmit its comments concerning the estimated
amount to the council during the budget review process. Prior to December 15 of each year,
the amount budgeted by each commission for the next budget year may be changed following
approval by the council. During each budget year, the commission shall transfer budgeted funds
to the council in advance when requested by the council.
    Subd. 3. Final statement. At the conclusion of each budget year, the council, in cooperation
with each commission, shall adopt a final statement of costs incurred by the council for each
commission. Where costs incurred in the budget year have exceeded the amount budgeted, each
commission shall transfer to the council the additional moneys needed to pay the amount of the
costs in excess of the amount budgeted, and shall include a sum in its next budget. Any excess
of budgeted costs over actual costs may be retained by the council and applied to the payment
of budgeted costs in the next year.
History: 1976 c 321 s 3; 1981 c 363 s 50; 1984 c 654 art 3 s 110; 1994 c 628 art 3 s 47;
1995 c 236 s 6

473.165 COUNCIL REVIEW; INDEPENDENT COMMISSION, BOARD, AGENCY.
(1) The Metropolitan Council shall review all long-term comprehensive plans of each
independent commission, board, or agency prepared for its operation and development within the
metropolitan area but only if such plan is determined by the council to have an areawide effect,
a multicommunity effect, or to have a substantial effect on metropolitan development. Each
plan shall be submitted to the council before any action is taken to place the plan or any part
thereof, into effect.
(2) No action shall be taken to place any plan or any part thereof, into effect until 60 days
have lapsed after the date of its submission to the council, or until the council finds and notifies
the submitting commission, board, or agency that the plan is consistent with its comprehensive
guide for the metropolitan area and the orderly and economic development of the metropolitan
area, whichever first occurs. If, within 60 days after the date of submission, the council finds that
a plan, or any part thereof, is inconsistent with its comprehensive guide for the metropolitan
area or detrimental to the orderly and economic development of the metropolitan area, or any
part thereof, it may direct that the operation of the plan, or such part thereof, be indefinitely
suspended; provided that the council shall not direct the suspension of any plan or part thereof of
any sanitary sewer district operating within the metropolitan area which pertains to the location
and construction of a regional sewer plant or plants or the expansion or improvement of the
present Minneapolis-St. Paul sanitary district treatment plant. An affected commission, board, or
agency may appeal the decision of the Metropolitan Council suspending a plan, or part thereof, to
the entire membership of the Metropolitan Council for public hearing. If the Metropolitan Council
and the affected commission, board, or agency are unable to agree as to an adjustment of the
plan, so that it may receive the council's approval, then a record of the disagreeing positions of
the Metropolitan Council and the affected commission, board, or agency shall be made and the
Metropolitan Council shall prepare a recommendation in connection therewith for consideration
and disposition by the next regular session of the legislature.
History: 1975 c 13 s 14

473.166 CONTROLLED ACCESS; TRANSIT FIXED-GUIDEWAY; APPROVAL.
Before acquiring land for or constructing a controlled access highway or transit
fixed-guideway in the area, the state Transportation Department or local government unit
proposing the acquisition or construction shall submit to the council a statement describing the
proposed project. The statement must be in the form and detail required by the council. The council
shall review the statement to ascertain its consistency with its policy plan and the development
guide. No project may be undertaken unless the council determines that it is consistent with the
policy plan. This approval is in addition to the requirements of any other statute, ordinance or rule.
History: 1975 c 13 s 15; 1976 c 166 s 7; 1982 c 520 s 4; 1984 c 654 art 3 s 111; 1986 c
444; 1993 c 353 s 3; 1994 c 628 art 3 s 48

473.167 HIGHWAY PROJECTS.
    Subdivision 1.[Renumbered 473.166]
    Subd. 2. Loans for acquisition. (a) The council may make loans to counties, towns, and
statutory and home rule charter cities within the metropolitan area for the purchase of property
within the right-of-way of a state trunk highway shown on an official map adopted pursuant to
section 394.361 or 462.359 or for the purchase of property within the proposed right-of-way of a
principal or intermediate arterial highway designated by the council as a part of the metropolitan
highway system plan and approved by the council pursuant to section 473.166. The loans shall
be made by the council, from the fund established pursuant to this subdivision, for purchases
approved by the council. The loans shall bear no interest.
(b) The council shall make loans only:
(1) to accelerate the acquisition of primarily undeveloped property when there is a reasonable
probability that the property will increase in value before highway construction, and to update
an expired environmental impact statement on a project for which the right-of-way is being
purchased;
(2) to avert the imminent conversion or the granting of approvals which would allow the
conversion of property to uses which would jeopardize its availability for highway construction;
(3) to advance planning and environmental activities on highest priority major metropolitan
river crossing projects, under the transportation development guide chapter/policy plan; or
(4) to take advantage of open market opportunities when developed properties become
available for sale, provided all parties involved are agreeable to the sale and funds are available.
(c) The council shall not make loans for the purchase of property at a price which exceeds
the fair market value of the property or which includes the costs of relocating or moving persons
or property. The eminent domain process may be used to settle differences of opinion as to fair
market value, provided all parties agree to the process.
(d) A private property owner may elect to receive the purchase price either in a lump sum
or in not more than four annual installments without interest on the deferred installments. If
the purchase agreement provides for installment payments, the council shall make the loan in
installments corresponding to those in the purchase agreement. The recipient of an acquisition
loan shall convey the property for the construction of the highway at the same price which the
recipient paid for the property. The price may include the costs of preparing environmental
documents that were required for the acquisition and that were paid for with money that the
recipient received from the loan fund. Upon notification by the council that the plan to construct
the highway has been abandoned or the anticipated location of the highway changed, the
recipient shall sell the property at market value in accordance with the procedures required for
the disposition of the property. All rents and other money received because of the recipient's
ownership of the property and all proceeds from the conveyance or sale of the property shall be
paid to the council. If a recipient is not permitted to include in the conveyance price the cost of
preparing environmental documents that were required for the acquisition, then the recipient is
not required to repay the council an amount equal to 40 percent of the money received from the
loan fund and spent in preparing the environmental documents.
(e) The proceeds of the tax authorized by subdivision 3 and distributed to the right-of-way
acquisition loan fund pursuant to subdivision 3a, paragraph (a), all money paid to the council by
recipients of loans, and all interest on the proceeds and payments shall be maintained as a separate
fund. For administration of the loan program, the council may expend from the fund each year an
amount no greater than three percent of the amount of the proceeds distributed to the right-of-way
acquisition loan fund pursuant to subdivision 3a, paragraph (a), for that year.
    Subd. 2a. Hardship acquisition and relocation. (a) The council may make hardship loans
to acquiring authorities within the metropolitan area to purchase homestead property located in
a proposed state trunk highway right-of-way or project, and to provide relocation assistance.
Acquiring authorities are authorized to accept the loans and to acquire the property. Except as
provided in this subdivision, the loans shall be made as provided in subdivision 2. Loans shall be
in the amount of the fair market value of the homestead property plus relocation costs and less
salvage value. Before construction of the highway begins, the acquiring authority shall convey
the property to the commissioner of transportation at the same price it paid, plus relocation costs
and less its salvage value. Acquisition and assistance under this subdivision must conform to
sections 117.50 to 117.56.
(b) The council may make hardship loans only when:
(1) the owner of affected homestead property requests acquisition and relocation assistance
from an acquiring authority;
(2) federal or state financial participation is not available;
(3) the owner is unable to sell the homestead property at its appraised market value because
the property is located in a proposed state trunk highway right-of-way or project as indicated on
an official map or plat adopted under section 160.085, 394.361, or 462.359;
(4) the council agrees to and approves the fair market value of the homestead property, which
approval shall not be unreasonably withheld; and
(5) the owner of the homestead property is burdened by circumstances that constitute a
hardship, such as catastrophic medical expenses; a transfer of the homestead owner by the owner's
employer to a distant site of employment; or inability of the owner to maintain the property due to
physical or mental disability or the permanent departure of children from the homestead.
(c) For purposes of this subdivision, the following terms have the meanings given them.
(1) "Acquiring authority" means counties, towns, and statutory and home rule charter cities
in the metropolitan area.
(2) "Homestead property" means a single-family dwelling occupied by the owner, and the
surrounding land, not exceeding a total of ten acres.
(3) "Salvage value" means the probable sale price of the dwelling and other property that is
severable from the land if offered for sale on the condition that it be removed from the land at
the buyer's expense, allowing a reasonable time to find a buyer with knowledge of the possible
uses of the property, including separate use of serviceable components and scrap when there is no
other reasonable prospect of sale.
    Subd. 3. Tax. The council may levy a tax on all taxable property in the metropolitan area,
as defined in section 473.121, to provide funds for loans made pursuant to subdivisions 2 and
2a. This tax for the right-of-way acquisition loan fund shall be certified by the council, levied,
and collected in the manner provided by section 473.13. The tax shall be in addition to that
authorized by section 473.249 and any other law and shall not affect the amount or rate of taxes
which may be levied by the council or any metropolitan agency or local governmental unit. The
amount of the levy shall be as determined and certified by the council, provided that the tax
levied by the Metropolitan Council for the right-of-way acquisition loan fund shall not exceed
$2,828,379 for taxes payable in 2004 and $2,828,379 for taxes payable in 2005. The amount of
the levy for taxes payable in 2006 and subsequent years shall not exceed the product of (1)
the Metropolitan Council's property tax levy limitation under this subdivision for the previous
year, multiplied by (2) one plus a percentage equal to the growth in the implicit price deflator
as defined in section 275.70, subdivision 2.
    Subd. 3a.[Repealed, 1996 c 464 art 1 s 12]
    Subd. 4. State review. The commissioner of revenue shall certify the council's levy limitation
under this section to the council by August 1 of the levy year. The council must certify its
proposed property tax levy to the commissioner of revenue by September 1 of the levy year. The
commissioner of revenue shall annually determine whether the property tax for the right-of-way
acquisition loan fund certified by the Metropolitan Council for levy following the adoption of its
proposed budget is within the levy limitation imposed by this section. The determination must be
completed prior to September 10 of each year. If current information regarding market valuation
in any county is not transmitted to the commissioner in a timely manner, the commissioner may
estimate the current market valuation within that county for purposes of making the calculation.
    Subd. 5.[Repealed, 1996 c 464 art 1 s 12]
History: 1975 c 13 s 15; 1976 c 166 s 7; 1982 c 520 s 4; 1984 c 654 art 3 s 111; 1985 c 47 s
1,2; 1985 c 248 s 70; 1986 c 444; 1986 c 460 s 21; 1988 c 675 s 6-9; 1989 c 306 s 5-7; 1Sp1989 c
1 art 9 s 66; 1993 c 353 s 3; 1993 c 375 art 7 s 17; 1994 c 416 art 1 s 52; 1994 c 628 art 3 s 48;
1994 c 640 s 3; 1995 c 255 art 2 s 5-7; 1996 c 464 art 1 s 2-4; 1Sp2003 c 21 art 4 s 8

473.168 FREEWAY EXCLUSIVE LANES.
    Subdivision 1. Freeway defined. For the purpose of this section, "freeway" means a
completely controlled access highway where ingress and egress is allowed only at certain
designated points as determined by the road authority having jurisdiction over the highway.
    Subd. 2. Exclusive lanes; multipassenger transit. The Metropolitan Council may require
that any freeway constructed in the metropolitan area on which actual construction has not been
commenced by April 12, 1974 include provisions for exclusive lanes for buses and, as the council
may determine, other forms of multipassenger transit. The council, in making its determination,
must demonstrate that the exclusive lanes are necessary to implement the transportation policy
plan of the development guide.
History: 1975 c 13 s 16; 1984 c 654 art 3 s 112; 1994 c 628 art 3 s 49

473.169 [Renumbered 473.3994]

473.1691 [Repealed, 1989 c 339 s 24]

473.17 [Repealed, 1989 c 339 s 24]

473.171 COUNCIL REVIEW; APPLICATIONS FOR FEDERAL AND STATE AID.
    Subdivision 1. Federal. The council shall review all applications of a metropolitan agency,
independent commission, board or agency, and local governmental units for funds, grants, loans
or loan guarantees from the United States of America or agencies thereof submitted in connection
with proposed matters of metropolitan significance, all other applications by metropolitan
agencies, independent commissions, boards and agencies, and local governmental units for grants,
loans, or loan guarantees from the United States of America or any agency thereof if review
by a regional agency is required by federal law or the federal agency, and all applications for
grants, loans, or allocations from funds made available by the United States of America to the
metropolitan area for regional facilities pursuant to a federal revenue sharing or similar program
requiring that the funds be received and granted or allocated or that the grants and allocations
be approved by a regional agency.
    Subd. 2. State. The council shall review all applications or requests of a metropolitan agency,
independent commission, board or agency, and local governmental units for state funds allocated
or granted for proposed matters of metropolitan significance, and all other applications by
metropolitan agencies, independent commissions, boards, agencies, and local governmental units
for state funds if review by a regional agency is required by state law or the granting state agency.
History: 1975 c 13 s 17; 1986 c 460 s 22,23

473.173 COUNCIL REVIEW; METROPOLITAN SIGNIFICANCE.
    Subdivision 1. By rule and statute. The council shall review all proposed matters of
metropolitan significance to be undertaken by any private organization, independent commission,
board or agency, local governmental unit, or any state agency in accordance with the rules adopted
pursuant to this section and the provisions of any other relevant statute.
    Subd. 2. Rules. By September 1, 1976, the council shall adopt and put into effect rules
establishing standards, guidelines and procedures for determining whether any proposed
matter is of metropolitan significance, and establishing a procedure for the review of and final
determination on such matters in accordance with the powers and requirements set forth in this
section. The purpose of these rules shall be to promote the orderly and economic development,
public and private, of the metropolitan area.
    Subd. 3. Factors. In developing the rules, the council and the advisory metropolitan land
use committee, as defined in section 473.852, shall give consideration to all factors deemed
relevant including but not limited to the following:
(1) The impact a proposed matter will have on the orderly, economical development, public
and private, of the metropolitan area and its consistency with the Metropolitan Development
Guide;
(2) The relationship a proposed matter will have to the policy statement goals, standards,
programs, and other applicable provisions of the development guide;
(3) The impact a proposed matter will have on policy plans adopted by the council;
(4) Functions of municipal governments in respect to control of land use as provided for
under the Municipal Planning Act.
    Subd. 4. Powers, requirements. The rules shall include, without limitation, provisions to
effectuate and comply with the following powers and requirements:
(1) No applicant shall be required to submit a proposed matter for review more than once
unless it is materially altered.
(1a) A public hearing shall be held prior to the final determination with regard to a proposed
matter.
(2) The council shall be empowered to suspend action on a proposed matter during the
period of review and for a period not to exceed 12 months following the issuance of its final
determination. In its final determination, the council may prescribe appropriate conditions with
regard to a proposed matter which, if incorporated or complied with, would cause the council
to remove the suspension.
(3) The council's recommendation or determination concerning a proposed matter, including
the determination as to its metropolitan significance, shall be issued within 90 days following its
receipt of a proposal accompanied by adequate supporting information, unless all parties consent
in writing to an extension. The council shall extend the time to complete the proceeding by an
additional 30 days if the council determines that a fair hearing cannot be completed in the time
allowed. To avoid duplication, the review may be suspended for not more than 90 days to await
completion of review of a matter by another public agency.
(4) The council shall be required to review a proposed matter upon request of an affected
local governmental unit. The rules shall include a procedure for review of a proposed matter upon
petition by a specified number of residents of the metropolitan area 18 years of age or older.
(5) The council shall be empowered to review all proposed matters of metropolitan
significance regardless of whether the council has received a request from an affected body to
conduct that review.
(6) The council shall review all proposed matters determined to be of metropolitan
significance as to their consistency with and effect upon metropolitan system plans as defined in
section 473.852 and their adverse effects on other local governmental units.
(7) The council's approved policy plans and areas of operational authority shall not be
subject to review under this section.
(8) When announcing the scope of a significance review in the notice commencing the
review, the council shall state with particularity, with respect to each issue identified in the scoping
document, the policies, provisions, statements, or other elements in Metropolitan Development
Guide chapters or policy plans and any other criteria or standards that will be considered or
relied on in assessing and determining the metropolitan significance of the proposed project. The
statement may be amended by notice to all parties given at least seven days before the public
hearing. The statement does not preclude council comment on the consistency of the proposed
project with any plans or policies of the council.
(9) Hearings must be conducted in accordance with the following procedures, unless waived
in writing by the parties:
(a) The parties have the right to counsel.
(b) All testimony must be under oath.
(c) A complete and accurate record of all proceedings must be maintained.
(d) Any party or witness may be questioned by the hearing committee or judge, or by other
parties.
(e) The burden of proof that a matter is of metropolitan significance is on the council.
(f) Decisions of the council on the metropolitan significance of a project must be based on a
fair preponderance of the relevant evidence contained in the record and on written findings.
    Subd. 5. APA; hearing. The rules and any major alteration or amendment thereto shall be
developed and promulgated by the council in accordance with the provisions of this section and, to
the extent not inconsistent or at variance with this section, in accordance with the Administrative
Procedure Act, chapter 14, and rules pursuant to thereto. Once the development of all of the rules
has been completed by the council and the committee, and no later than 30 days prior to the date
specified for their adoption, the council shall hold a public hearing for the purpose of considering
the developed rules and receiving comments and recommendations thereon. Notice of the hearing
shall be published in appropriate newspapers of general circulation in the metropolitan area and
mailed to all persons who have registered for that purpose under chapter 14, appropriate state and
regional agencies and all cities, counties, towns, school districts, and watershed districts within
the metropolitan area no later than 30 days prior to the hearing. In adopting or amending the rules
the enactment of this section shall be deemed to establish or show the need for and to provide
evidence in support of the rules or amendments as required in chapter 14, and rules pursuant
thereto, but the council shall prepare for distribution a written summary describing the basis for
the composition of the draft rules or amendments submitted for hearing and shall afford to all
interested persons an opportunity at the hearing to question and make suggestions concerning
their composition. Following the hearing, the council may revise the proposed rules, giving
consideration to all comments received, and thereafter the council shall finally adopt these rules.
    Subd. 6. Biennial review; legislative report. The council and the advisory metropolitan
land use committee shall review and assess the rules following their effective date and at least
every two years thereafter. No major alteration or amendments to standards for determining
metropolitan significance shall be put into effect by the council until 90 days have elapsed
following a report to the legislature in which the alteration or amendment was proposed and
recommended by the council in the form of a proposed rule published under section 14.14,
subdivision 1a , or 14.22. The report to the legislature must be made during the month of January.
History: 1975 c 13 s 18; 1976 c 321 s 2; 1982 c 424 s 130; 1985 c 248 s 70; 1986 c 460 s
24,25; 1988 c 675 s 11; 1989 c 306 s 8,9; 1994 c 628 art 3 s 50,51

473.175 REVIEW OF COMPREHENSIVE PLANS.
    Subdivision 1. For compatibility, conformity. The council shall review the comprehensive
plans of local governmental units, prepared and submitted pursuant to sections 473.851 to 473.871,
to determine their compatibility with each other and conformity with metropolitan system plans.
The council shall review and comment on the apparent consistency of the comprehensive plans
with adopted plans of the council. The council may require a local governmental unit to modify
any comprehensive plan or part thereof if, upon the adoption of findings and a resolution, the
council concludes that the plan is more likely than not to have a substantial impact on or contain a
substantial departure from metropolitan system plans. A local unit of government may challenge a
council action under this subdivision by following the procedures set forth in section 473.866.
    Subd. 2. 120-day limit. Within 120 days following receipt of a comprehensive plan of a
local governmental unit, unless a time extension is mutually agreed to, the council shall return to
the local governmental unit a statement containing its comments and, by resolution, its decision,
if any, to require modifications to assure conformance with the metropolitan system plans.
    No action shall be taken by any local governmental unit to place any such comprehensive
plan or part thereof into effect until the council has returned the statement to the unit and until
the local governmental unit has incorporated any modifications in the plan required by a final
decision, order, or judgment made pursuant to section 473.866. If within 120 days, unless a time
extension is mutually agreed to, the council fails to complete its written statement the plans shall
be deemed approved and may be placed into effect. Any amendment to a plan subsequent to the
council's review shall be submitted to and acted upon by the council in the same manner as
the original plan. The written statement of the council shall be filed with the plan of the local
government unit at all places where the plan is required by law to be kept on file.
    Subd. 3. Enforcement to get conforming plan. If a local governmental unit fails to adopt
a comprehensive plan in accordance with sections 473.851 to 473.871 or if the council after a
public hearing by resolution finds that a plan substantially departs from metropolitan system
plans and that the local governmental unit has not adopted a plan with modifications required
pursuant to section 473.866 within nine months following a final decision, order, or judgment
made pursuant to section 473.866, the council may commence civil proceedings to enforce the
provisions of sections 473.851 to 473.871 by appropriate legal action in the district court where
the local governmental unit is located.
History: 1975 c 13 s 19; 1976 c 127 s 14; 1977 c 347 s 68; 1993 c 186 s 10; 1Sp2003 c 16 s
6; 2006 c 194 s 1; 2007 c 113 s 2

473.181 ADDITIONAL COUNCIL REVIEW POWERS.
    Subdivision 1.[Repealed, 2001 c 191 s 9]
    Subd. 2. Parks. The council shall review local government park master plans pursuant to
section 473.313. The Metropolitan Council shall approve the use of moneys made available for
land acquisition to local units of government from the land and conservation fund, the open
space program of HUD, the natural resources account in the state treasury, if the use thereof
conforms with the system of priorities established by law as part of a comprehensive plan for the
development of parks; otherwise it shall disapprove of the use thereof.
    Subd. 3.[Repealed, 1994 c 628 art 3 s 209]
    Subd. 4.[Repealed, 1995 c 247 art 2 s 55]
    Subd. 5. Airports. The council shall review Metropolitan Airports Commission capital
projects pursuant to section 473.621, subdivision 6. The plans of the Metropolitan Airports
Commission and the development of the metropolitan airports system by the commission shall, as
provided in sections 473.611, subdivision 5, and 473.655, be consistent with the development
guide of the council.
History: 1975 c 13 s 20; 1984 c 644 s 60; 1984 c 654 art 3 s 113; 1987 c 384 art 2 s 102

473.191 LOCAL PLANNING ASSISTANCE.
    Subdivision 1. Comprehensive community planning. The Metropolitan Council may, at the
request of local governmental units, enter into contracts or make other arrangements with local
governmental units and others for the provision of services for and assistance with comprehensive
community planning. This may include:
(a) Assistance in the preparation, as a guide for long-range development, of general physical
plans with respect to the pattern and intensity of land use and the provision of public facilities
together with long-range fiscal plans for such development;
(b) Programming of capital improvements based on a determination of relative urgency,
together with definitive financing plans for the improvements to be constructed in the earlier
years of the program;
(c) Coordination of all related plans of the departments or subdivision of the government
concerned;
(d) Intergovernmental coordination of all related planned activities among the state and
local governmental agencies concerned; and
(e) Preparation of regulatory and administrative measures in support of the foregoing.
    Subd. 2. Water resources. The Metropolitan Council may provide technical assistance
to cities, counties, and towns to expedite adoption and enforcement of local ordinances under
sections 103F.121, 103F.201 to 103F.221, and 473.206 to 473.208.
History: 1975 c 13 s 21; 1987 c 384 art 2 s 1; 1990 c 391 art 8 s 54; 1998 c 254 art 1 s 91

473.192 AIRCRAFT NOISE ATTENUATION.
    Subdivision 1. Citation. This section may be cited as the "Metropolitan Area Aircraft Noise
Attenuation Act."
    Subd. 2. Definitions. For purposes of this section, "metropolitan area" has the meaning given
it in section 473.121, subdivision 2. "Transportation policy plan" means the plan adopted by the
Metropolitan Council pursuant to section 473.145. "Municipality" has the meaning provided
by section 462.352, subdivision 2.
    Subd. 3. Ordinance. A municipality in the metropolitan area that, in part or in whole, is
within the aircraft noise zones designated in the transportation policy plan may adopt and enforce
ordinances and controls to regulate building construction methods and materials for the purpose
of attenuating aircraft noise in habitable buildings in and around the noise zone. The ordinance
or control shall not apply to remodeling or rehabilitating an existing residential building nor to
the construction of an appurtenance to an existing residential building. An ordinance adopted
by a municipality must be adequate to implement the Metropolitan Council's guidelines for
land use compatibility with aircraft noise. Section 16B.62 does not apply to ordinances adopted
under this section.
    Subd. 4. MAC noise abatement. Nothing in this section shall be construed to diminish the
responsibility of the Metropolitan Airports Commission to conduct noise abatement programs
under other state or federal law.
History: 1987 c 155 s 1; 1995 c 186 s 84; 2005 c 123 s 4,5

473.193 [Repealed, 1986 c 460 s 59]

473.194 DEFINITIONS.
For the purposes of sections 473.194 to 473.201, the terms defined in the Municipal Housing
and Redevelopment Act shall have the meanings given them in that act.
History: 1975 c 13 s 23; 1986 c 460 s 26

473.195 HOUSING AND REDEVELOPMENT AUTHORITY POWERS.
    Subdivision 1. Under chapter 469; exceptions. In addition to, and not in limitation of, all
other powers invested in it by law, the council, and the members thereof, shall have, throughout
the metropolitan area, the same functions, rights, powers, duties, privileges, immunities and
limitations as are provided for housing and redevelopment authorities created for municipalities,
and for the commissioners of such authorities. The provisions of sections 469.001 to 469.047
and of all other laws relating to housing and redevelopment authorities shall be applicable to
the council when functioning as an authority, except as herein provided or as clearly indicated
otherwise from the context of such laws. Section 469.003 shall have no application to the
council nor to any municipality or county within which the council undertakes a project. Any
municipality or county, and the governing bodies of any municipality or county, within and for
which the council undertakes a project shall have all the powers, authority and obligations granted
to municipalities and counties by the provisions of sections 469.001 to 469.047 and all other laws
relating to housing and redevelopment authorities. The council may plan and propose projects
within the boundaries of any municipality, and may otherwise exercise the powers of an authority
at any time; provided, however, that the council shall not implement any housing project, housing
development project, redevelopment project or urban renewal project within the boundaries of
any municipality or county without the prior approval of the governing body of the municipality
or county in which any such project is to be located; and provided further that the council shall not
propose any project to the governing body of a municipality or county having an active authority
created pursuant to section 469.003, or pursuant to special legislation, without first submitting the
proposed project to the municipal or county authority for its review and recommendations; and
provided further that as to any project proposed by the council and approved by the municipality
or county, the council shall not undertake the project if within 60 days after it has been proposed,
the municipality or county agrees to undertake the project. Notwithstanding section 469.012,
subdivision 3 , the council may plan and administer a Section 8 program in the metropolitan
area without the approval of the governing body of the local governmental unit or housing and
redevelopment authority in whose jurisdiction the program is operated. The council shall not
operate a Section 8 program in the jurisdiction of a local governmental unit or housing and
redevelopment authority in the metropolitan area which was operating its own Section 8 program
under a separate annual contributions contract with the Department of Housing and Urban
Development on January 1, 1990, provided that the council may operate or administer a Section 8
program within such jurisdictions under the provisions of section 471.59, or any other appropriate
law providing for joint or cooperative action between governmental units. For purposes of this
subdivision, "Section 8 program" has the meaning given it in section 469.002, subdivision 24.
For the purposes of this subdivision, "annual contributions contract" has the meaning given it in
United States Code, title 42, section 1437f, and implementing federal regulations. All plans and
projects of the council shall be consistent with the comprehensive development guide.
    Subd. 2. Technical assistance. The council may provide technical assistance to existing
municipal or county housing and redevelopment authorities at the request of such authorities.
    Subd. 3. Federal, state agent; cooperation. The council may cooperate with or act as agent
for the federal government, the state government, or any agencies or instrumentalities thereof, in
carrying out the provisions of any federal or state legislation relating to the general purposes of
the Municipal Housing and Redevelopment Act.
    Subd. 4. Citizen participation. The council shall, as part of any project proposal to a
municipality, propose a means for citizens substantially affected by the proposed project to
participate in the formulation and carrying out of projects undertaken by the council pursuant
to the terms of sections 473.194 to 473.201.
    Subd. 5. HRA governing board. (a) For the purposes of exercising the authority granted to
it under this section, the council may, at its sole discretion, establish within the council's existing
organizational structure a separate governing body to which the council may delegate any or all of
the authority granted to the council under this section.
(b) The resolution establishing the separate governing body must:
(1) set out the powers and duties delegated to the separate governing body;
(2) prescribe the number, qualifications, and terms of its members; and
(3) provide for any other terms and conditions that are deemed appropriate by the council.
(c) The council shall appoint the members of the separate governing body in accordance with
a process established by the council. No fewer than 75 percent of the members of the separate
governing body must be council members.
(d) For purposes of compliance with United States Code, title 42, section 1437(b), and
implementing federal regulations, at least one member of the separate governing body members
must be a resident directly assisted by the council.
(e) Members are entitled to reimbursement for all actual and necessary expenses incurred
in the performance of governing body business, and a member other than a council member is
entitled to payment of $50 for each day the member attends one or more meetings of the separate
governing body or performs other services authorized by the body.
(f) The council shall provide administrative and staff support to the separate governing body.
(g) The council may, at its sole discretion, abolish the separate governing body or limit
or expand its delegated authority.
    Subd. 6. No contract impairment or limit. Nothing in this section impairs existing
contracts to which the council is a party or limits the council's ability to enter into contracts when
the council exercises any of the functions, rights, powers, duties, privileges, immunities, and
limitations granted to the council by this section.
History: 1975 c 13 s 24; 1982 c 424 s 109; 1986 c 460 s 27; 1987 c 291 s 227; 1990 c 532 s
13; 1995 c 112 s 1; 1Sp2001 c 4 art 2 s 25

473.197 HOUSING BOND CREDIT ENHANCEMENT PROGRAM.
    Subdivision 1.[Repealed, 2005 c 152 art 1 s 43; 1Sp2005 c 1 art 2 s 162]
    Subd. 2.[Repealed, 2005 c 152 art 1 s 43; 1Sp2005 c 1 art 2 s 162]
    Subd. 3.[Repealed, 2005 c 152 art 1 s 43; 1Sp2005 c 1 art 2 s 162]
    Subd. 4. Debt reserve; levy. To provide money to pay debt service on bonds issued under
the credit enhancement program in repealed subdivision 1 of Minnesota Statutes 2004, section
473.197, the council must maintain a debt reserve fund until the reserve is no longer pledged
or otherwise needed to pay debt service on such bonds. If sums in the debt reserve fund are
insufficient to cure any deficiency in the debt service fund established for the bonds, the council
must levy a tax on all taxable property in the metropolitan area in the amount needed to liquidate
the deficiency. The tax authorized by this section does not affect the amount or rate of taxes that
may be levied by the council for other purposes and is not subject to limit as to rate or amount.
    Subd. 5.[Repealed, 2005 c 152 art 1 s 43; 1Sp2005 c 1 art 2 s 162]
History: 1994 c 587 art 12 s 22; 1996 c 399 art 2 s 8; 1998 c 254 art 1 s 92; 2004 c 206 s
52; 1Sp2005 c 1 art 2 s 148

NOTE: Subdivision 4 was also amended by Laws 2005, chapter 152, article 1, section
18, to read as follows:
"Subd. 4. Debt reserve; levy. To provide money to pay debt service on bonds issued under
the credit enhancement program in repealed subdivision 1 of Minnesota Statutes 2004, section
473.197, the council must maintain a debt reserve fund until such a reserve is no longer pledged
or otherwise needed to pay debt service on such bonds. If sums in the debt reserve fund are
insufficient to cure any deficiency in the debt service fund established for the bonds, the council
must levy a tax on all taxable property in the metropolitan area in the amount needed to cure the
deficiency. The tax authorized by this section does not affect the amount or rate of taxes that may
be levied by the council for other purposes and is not subject to limit as to rate or amount."

473.199 EFFECT ON A MUNICIPAL OR COUNTY HRA.
Nothing in sections 473.194 to 473.201 shall be construed to impair the powers and
obligations of municipal, county or multicounty housing and redevelopment authorities within
the metropolitan area.
History: 1975 c 13 s 25; 1986 c 460 s 28

473.201 ALLOCATE LOCAL PROJECT COSTS; SEEK, GET U. S. GRANTS.
    Subdivision 1. Local may tax to pay for. The council shall allocate the net unreimbursed
costs of any project which it undertakes to the municipality or group of municipalities or county
for which the project is undertaken. The governing body of each such municipality or county
shall impose taxes or other revenue measures to provide funds necessary to pay the allocated
costs, and the governing body of each such municipality or county shall have all the powers,
authority and obligation granted to authorities by section 469.033 and all other provisions of law
regarding the financing of such projects, provided that the council shall have the powers of an
authority for purposes of applying for and receiving federal grants in connection with all projects
which it undertakes.
    Subd. 2. Use of council general levy. The council may expend for the purposes of sections
473.194 to 473.201 any revenues derived pursuant to section 473.249.
History: 1975 c 13 s 26; 1986 c 460 s 29; 1987 c 291 s 228

473.203 [Repealed, 1986 c 460 s 59]

473.204 [Repealed, 1996 c 310 s 1]

473.206 LOCAL ORDINANCES.
Each county, city or town in the metropolitan area shall be provided with standards, criteria
and suggested model ordinances and may, after review and comment by the Metropolitan Council,
adopt ordinances which provide for the protection of the resources that are the subject of the
standards, criteria, and model ordinances.
History: 1975 c 13 s 29; 1997 c 7 art 1 s 150

473.208 COOPERATION.
In adopting and enforcing the ordinances for which standards and criteria are provided
by section 473.206, counties, cities and towns shall consult and cooperate with affected soil
and water conservation districts, watershed districts, and lake conservation districts on matters
of common concern.
History: 1975 c 13 s 30; 1987 c 384 art 2 s 1; 1997 c 7 art 1 s 151

473.215 [Repealed, 1986 c 460 s 59]

473.216 [Repealed, 1986 c 460 s 59]

473.217 [Repealed, 1986 c 460 s 59]

473.218 [Repealed, 1986 c 460 s 59]

473.219 [Repealed, 1986 c 460 s 59]

473.223 FEDERAL AID.
For the purposes of this section the term "governmental subdivision" includes municipalities,
counties and other political subdivisions generally. If federal aid for transportation programs
and projects is otherwise unavailable to an existing agency or governmental subdivision, the
Metropolitan Council may cooperate with the government of the United States and any agency or
department thereof and the affected agency or other governmental subdivision in establishing
metropolitan area eligibility to receive federal aid, and may comply with the provisions of the
laws of the United States and any rules and regulations made thereunder for the expenditure of
federal moneys upon such projects as are proposed for federal assistance. The Metropolitan
Council may accept federal aid and other aid, either public or private, for and in behalf of the
metropolitan area or any governmental subdivision of the state, for transportation programs and
projects within the metropolitan area upon such terms and conditions as are or may be prescribed
by the laws of the United States and any rules or regulations made thereunder, and is authorized to
act as agent of any governmental subdivision of the state with jurisdiction in the metropolitan area
upon request of such subdivision in accepting the aid in its behalf for such programs or projects
financed either in whole or in part by federal aid. The governing body of any such subdivision is
authorized to designate the Metropolitan Council as its agent for such purposes and to enter into
an agreement with the council prescribing the terms and conditions of the agency relationship
in accordance with state and federal laws, rules and regulations. The Metropolitan Council is
authorized to designate an appropriate state agency as its agent for such purposes and to enter into
an agreement with such agency prescribing the terms and conditions of the agency relationship in
accordance with state and federal laws, rules and regulations.
Nothing contained herein shall limit any separate authority of agencies or governmental
subdivisions of the state to contract for and receive federal aid.
History: 1975 c 13 s 36; 1980 c 509 s 172; 1984 c 654 art 3 s 114; 1994 c 628 art 3 s 52

473.23 PUBLIC FACILITIES REVIEW.
    Subdivision 1. Inventory. The Metropolitan Council, in consultation with appropriate state
agencies and local officials, must develop an inventory of all public buildings located within the
metropolitan area. The inventory must include an assessment of the condition of each public
building and document any underused space in the buildings.
    Subd. 2. Shared facilities. The Metropolitan Council must review and comment on any joint
facility proposed under section 123A.78 and may submit comments to the commissioner of
education on any school district facility that is proposed within the metropolitan area.
History: 1991 c 265 art 5 s 15; 1Sp1995 c 3 art 16 s 13; 1998 c 397 art 11 s 3; 2003
c 130 s 12

473.24 POPULATION ESTIMATES.
(a) The Metropolitan Council shall annually prepare an estimate of population for each
county, city, and town in the metropolitan area and an estimate of the number of households and
average household size for each city in the metropolitan area with a population of 2,500 or more,
and an estimate of population over age 65 for each county in the metropolitan area, and convey
the estimates to the governing body of each county, city, or town by June 1 each year. In the
case of a city or town that is located partly within and partly without the metropolitan area, the
Metropolitan Council shall estimate the proportion of the total population and the average size
of households that reside within the area. The Metropolitan Council may prepare an estimate of
the population and of the average household size for any other political subdivision located in
the metropolitan area.
(b) A governing body may challenge an estimate made under this section by filing its specific
objections in writing with the Metropolitan Council by June 24. If the challenge does not result in
an acceptable estimate, the governing body may have a special census conducted by the United
States Bureau of the Census. The political subdivision must notify the Metropolitan Council on
or before July 1 of its intent to have the special census conducted. The political subdivision
must bear all costs of the special census. Results of the special census must be received by the
Metropolitan Council by the next April 15 to be used in that year's June 1 estimate under this
section. The Metropolitan Council shall certify the estimates of population and the average
household size to the state demographer and to the commissioner of revenue by July 15 each year,
including any estimates still under objection.
History: 2005 c 151 art 4 s 4

473.241 DATA COLLECTION.
The Metropolitan Council in cooperation with other departments and agencies of the state
and the regents of the University of Minnesota may develop a center for data collection and
storage to be used by it and other governmental users and may accept gifts as otherwise authorized
in this section for the purposes of furnishing information on such subjects as population, land use,
governmental finances, and the like.
History: 1975 c 13 s 37

473.242 URBAN RESEARCH.
Where studies have not been otherwise authorized by law the Metropolitan Council may
study the feasibility of programs relating but not limited to water supply, refuse disposal, surface
water drainage, communication, transportation, and other subjects of concern to the peoples of the
metropolitan area, may institute demonstration projects in connection therewith, and may accept
gifts for such purposes as otherwise authorized in this section.
History: 1975 c 13 s 38

473.243 EMERGENCY SERVICES.
The Metropolitan Council may coordinate emergency services, community shelter planning
within the metropolitan area, accept gifts for such purposes as otherwise authorized in section
473.129 and contract with local governmental agencies and consultants in connection therewith.
History: 1975 c 13 s 39

473.244 SPECIAL STUDIES AND REPORTS.
    Subdivision 1. Research and study topics. The Metropolitan Council shall engage in a
continuous program of research and study concerning the matters enumerated in this section.
    Subd. 2. Air pollution. The control and prevention of air pollution.
    Subd. 3. Parks, open space. The acquisition and financing of suitable major parks and open
spaces within and adjacent to the metropolitan area.
    Subd. 4. Water pollution. The control and prevention of water pollution in the metropolitan
area in conformity with applicable federal and state laws.
    Subd. 5. Local long-range plans. The development of long-range planning in the
metropolitan area but not for the metropolitan area.
    Subd. 6. Solid waste. The acquisition of necessary facilities for the disposal of solid waste
material for the metropolitan area and the means of financing such facilities.
    Subd. 7. Tax structure, equity. The examination of the tax structure in the metropolitan area
and consideration of ways to equalize the tax resources therein.
    Subd. 8. Assessment practices. Assessment practices in the metropolitan area.
    Subd. 9. Storm water facilities. The acquisition of necessary storm water drainage facilities
for the metropolitan area and the means of financing such facilities.
    Subd. 10. Consolidation of local services. The necessity for the consolidation of common
services of local governmental units and the kind of consolidation most suitable in the public
interest.
    Subd. 11. Advance development land acquisition. Advance land acquisition for
development purposes in the metropolitan area and the role of the public in connection therewith.
    Subd. 12. Recommendations. All studies shall include recommendations as to the
governmental organization, governmental subdivision, or governmental district best suited to
discharge the powers recommended.
History: 1975 c 13 s 40

473.245 REPORTS.
On or before January 15 of each year, the Metropolitan Council shall report to the legislature.
The report shall include:
(1) A statement of the Metropolitan Council's receipts and expenditures by category since
the preceding report;
(2) A detailed budget for the year in which the report is filed and the following year including
an outline of its program for such period;
(3) An explanation of any policy plan and other comprehensive plan adopted in whole or in
part for the metropolitan area and the review comments of the affected metropolitan agency;
(4) Summaries of any studies and the recommendations resulting therefrom made by the
Metropolitan Council, and a listing of all applications for federal money made by governmental
units within the metropolitan area submitted to the Metropolitan Council;
(5) A listing of plans of local governmental units and proposed matters of metropolitan
significance submitted to the Metropolitan Council;
(6) A detailed report on the progress of any project undertaken by the council pursuant to
sections 473.194 to 473.201; and
(7) Recommendations of the Metropolitan Council for metropolitan area legislation,
including the organization and functions of the Metropolitan Council and the metropolitan
agencies.
History: 1975 c 13 s 41; 1986 c 460 s 30; 1987 c 384 art 2 s 1

473.246 COUNCIL'S SUBMISSIONS TO LEGISLATIVE COMMISSION.
The Metropolitan Council shall submit to the Legislative Commission on Metropolitan
Government information on the council's tax rates and dollar amounts levied for the current year,
proposed property tax rates and levies, operating and capital budgets, work program, capital
improvement program, and any other information requested by the commission, for review by the
legislative commission, as provided in section 3.8841.
History: 1Sp2001 c 10 art 2 s 80

473.247 [Repealed, 2007 c 113 s 20]

473.249 TAX LEVY.
    Subdivision 1. Indexed limit. (a) The Metropolitan Council may levy a tax on all taxable
property in the metropolitan area defined in section 473.121 to provide funds for the purposes
of sections 473.121 to 473.249 and for the purpose of carrying out other responsibilities of the
council as provided by law. This tax for general purposes shall be levied and collected in the
manner provided by section 473.13.
(b) The property tax levied by the Metropolitan Council for general purposes shall not
exceed $10,522,329 for taxes payable in 2004 and $10,522,329 for taxes payable in 2005.
(c) The property tax levy limitation for general purposes for taxes payable in 2006 and
subsequent years shall not exceed the product of: (1) the Metropolitan Council's property tax levy
limitation for general purposes for the previous year determined under this subdivision multiplied
by (2) one plus a percentage equal to the growth in the implicit price deflator as defined in section
275.70, subdivision 2.
    Subd. 2. Deadlines; estimates. The commissioner of revenue shall certify the council's levy
limitation under this section to the council by August 1 of the levy year. The council must certify
its proposed property tax levy to the commissioner of revenue by September 1 of the levy year.
The commissioner of revenue shall annually determine whether the ad valorem property tax
certified by the Metropolitan Council for levy following the adoption of its proposed budget is
within the levy limitation imposed by this section. The determination shall be completed prior
to September 10 of each year. If current information regarding gross tax capacity in any county
is not transmitted to the commissioner in a timely manner, the commissioner may estimate the
current gross tax capacity within that county for purposes of making the calculation.
    Subd. 3.[Repealed, 1989 c 306 s 12]
History: 1975 c 13 s 42; 1976 c 179 s 19; 1978 c 543 s 4; 1978 c 766 s 17,18; 1986 c 460 s
31; 1988 c 675 s 12,13; 1988 c 719 art 5 s 84; 1989 c 306 s 10; 1989 c 329 art 15 s 20; 1Sp1989
c 1 art 9 s 67; 1993 c 375 art 7 s 18; 1994 c 416 art 1 s 53; 1997 c 231 art 2 s 69; 1998 c 254
art 1 s 93; 1Sp2003 c 21 art 4 s 9

LIVABLE COMMUNITIES

473.25 LIVABLE COMMUNITIES CRITERIA AND GUIDELINES.
(a) The council shall establish criteria for uses of the fund provided in section 473.251 that
are consistent with and promote the purposes of this article and the policies of the Metropolitan
Development Guide adopted by the council including, but not limited to:
(1) helping to change long-term market incentives that adversely impact creation and
preservation of living-wage jobs in the fully developed area;
(2) creating incentives for developing communities to include a full range of housing
opportunities;
(3) creating incentives to preserve and rehabilitate affordable housing in the fully developed
area; and
(4) creating incentives for all communities to implement compact and efficient development.
(b) The council shall establish guidelines for the livable community demonstration account
for projects that the council would consider funding with either grants or loans. The guidelines
must provide that the projects will:
(1) interrelate development or redevelopment and transit;
(2) interrelate affordable housing and employment growth areas;
(3) intensify land use that leads to more compact development or redevelopment;
(4) involve development or redevelopment that mixes incomes of residents in housing,
including introducing or reintroducing higher value housing in lower income areas to achieve
a mix of housing opportunities; or
(5) encourage public infrastructure investments which connect urban neighborhoods and
suburban communities, attract private sector redevelopment investment in commercial and
residential properties adjacent to the public improvement, and provide project area residents with
expanded opportunities for private sector employment.
(c) The council shall establish guidelines governing who may apply for a grant or loan from
the fund, providing priority for proposals using innovative partnerships between government,
private for-profit, and nonprofit sectors.
(d) The council shall prepare an annual plan for distribution of the fund based on the criteria
for project and applicant selection.
(e) The council shall prepare and submit to the legislature, as provided in section 3.195, an
annual report on the metropolitan livable communities fund. The report must include information
on the amount of money in the fund, the amount distributed, to whom the funds were distributed
and for what purposes, and an evaluation of the effectiveness of the projects funded in meeting
the policies and goals of the council. The report may make recommendations to the legislature on
changes to Laws 1995, chapter 255.
History: 1995 c 255 art 1 s 1

473.251 METROPOLITAN LIVABLE COMMUNITIES FUND.
The metropolitan livable communities fund is created and consists of the following accounts:
(1) the tax base revitalization account;
(2) the livable communities demonstration account;
(3) the local housing incentives account; and
(4) the inclusionary housing account.
History: 1995 c 255 art 1 s 2; 1999 c 223 art 2 s 57

473.252 TAX BASE REVITALIZATION ACCOUNT.
    Subdivision 1. Definition. For the purpose of this section, "municipality" means a statutory
or home rule charter city or town participating in the local housing incentives program under
section 473.254, or a county in the metropolitan area.
    Subd. 1a. Development authority. For the purpose of this section, "development authority"
means a statutory or home rule charter city, housing and redevelopment authority, economic
development authority, and a port authority.
    Subd. 2. Sources of funds. The council shall credit to the tax base revitalization account
within the fund the amount, if any, distributed to the council under section 473F.08, subdivision 3b.
    Subd. 3. Distribution of funds. (a) The council must use the funds in the account to make
grants to municipalities or development authorities for the cleanup of polluted land in the
metropolitan area. A grant to a metropolitan county or a development authority must be used
for a project in a participating municipality. The council shall prescribe and provide the grant
application form to municipalities. The council must consider the probability of funding from
other sources when making grants under this section.
(b)(1) The legislature expects that applications for grants will exceed the available funds
and the council will be able to provide grants to only some of the applicant municipalities. If
applications for grants for qualified sites exceed the available funds, the council shall make grants
that provide the highest return in public benefits for the public costs incurred, that encourage
development that will lead to the preservation or growth of living-wage jobs or the production of
affordable housing, and that enhance the tax base of the recipient municipality.
(2) In making grants, the council shall establish regular application deadlines in which grants
will be awarded from the available money in the account. If the council provides for application
cycles of less than six-month intervals, the council must reserve at least 40 percent of the receipts
of the account for a year for application deadlines that occur in the second half of the year. If the
applications for grants exceed the available funds for an application cycle, no more than one-half
of the funds may be granted to projects in a statutory or home rule charter city and no more than
three-quarters of the funds may be granted to projects located in cities of the first class.
(c) A municipality may use the grant to provide a portion of the local match requirement for
project costs that qualify for a grant under sections 116J.551 to 116J.557.
    Subd. 4.[Repealed, 1999 c 243 art 6 s 17]
    Subd. 5.[Repealed, 1999 c 243 art 6 s 17]
History: 1995 c 255 art 1 s 3; 1996 c 452 s 37; 1996 c 464 art 1 s 5; 1999 c 243 art 6
s 8; 2002 c 390 s 15

473.253 LIVABLE COMMUNITIES DEMONSTRATION ACCOUNT.
    Subdivision 1. Sources of funds. The council shall credit to the livable communities
demonstration account the revenues provided in this subdivision. This tax shall be levied and
collected in the manner provided by section 473.13. The levy shall not exceed the following
amount for the years specified:
(1) for taxes payable in 2004 and 2005, $8,259,070; and
(2) for taxes payable in 2006 and subsequent years, the product of (i) the property tax levy
limit under this subdivision for the previous year multiplied by (ii) one plus a percentage equal to
the growth in the implicit price deflator as defined in section 275.70, subdivision 2.
    Subd. 2. Distribution of funds. The council shall use the funds in the livable communities
demonstration account to make grants or loans to municipalities participating in the local housing
incentives program under section 473.254 or to metropolitan area counties or development
authorities to fund the initiatives specified in section 473.25, paragraph (b), in participating
municipalities. A grant to a metropolitan county or a development authority must be used for a
project in a participating municipality. For the purpose of this section, "development authority"
means a statutory or home rule charter city, housing and redevelopment authority, economic
development authority, or port authority.
History: 1995 c 255 art 1 s 4; 2002 c 246 s 1; 1Sp2003 c 21 art 4 s 10; 2004 c 228 art 3 s 13

473.254 LOCAL HOUSING INCENTIVES ACCOUNT.
    Subdivision 1. Participation. (a) A municipality may elect to participate in the local housing
incentive account program. If the election to participate occurs by November 15 of any year, it
is effective commencing the next calendar year; otherwise it is effective commencing the next
succeeding calendar year. An election to participate in the program is effective until revoked
according to paragraph (b). A municipality is subject to this section only in those calendar years
for which its election to participate in the program is effective. For purposes of this section,
municipality means a municipality electing to participate in the local housing incentive account
program for the calendar year in question, unless the context indicates otherwise.
(b) A municipality may revoke its election to participate in the local housing incentive
account program. If the revocation occurs by November 15 of any year, it is effective commencing
the next calendar year; otherwise it is effective commencing the next succeeding calendar year.
After revoking its election to participate in the program, a municipality may again elect to
participate in the program according to paragraph (a).
(c) A municipality that elects to participate may receive grants or loans from the tax base
revitalization account, livable communities demonstration account, or the local housing incentive
account. A municipality that does not participate is not eligible to receive a grant under sections
116J.551 to 116J.557. The council, when making discretionary funding decisions, shall give
consideration to a municipality's participation in the local housing incentives program.
    Subd. 2. Affordable, life-cycle goals. The council shall negotiate with each municipality to
establish affordable and life-cycle housing goals for that municipality that are consistent with
and promote the policies of the Metropolitan Council as provided in the adopted Metropolitan
Development Guide. The council shall adopt, by resolution after a public hearing, the negotiated
affordable and life-cycle housing goals for each municipality by January 15, 1996, and by January
15 in each succeeding year for each municipality newly electing to participate in the program or
for each municipality with which new housing goals have been negotiated. By June 30, 1996,
and by June 30 in each succeeding year for each municipality newly electing to participate in
the program or for each municipality with which new housing goals have been negotiated, each
municipality shall identify to the council the actions it plans to take to meet the established
housing goals.
    Subd. 3. Affordable, life-cycle housing opportunities amount through 2002. (1) By July 1,
1996, each county assessor shall certify each municipality's average residential homestead limited
market value for the 1994 assessment year, including the value of the farm house, garage, and
one acre only in the case of farm homesteads, multiplied by a factor of two, as the municipality's
"market value base amount." For 1997 through 2001, the "market value base amount" shall be
equal to the product of (i) the market value base amount for the previous year multiplied by (ii)
the annual average United States Consumer Price Index for all urban consumers, United States
average, as determined by the United States Department of Labor, for the previous year divided
by that annual average for the year before the previous year.
(2) By July 1, 1996, and each succeeding year through 2001, the county assessor shall
determine which homesteads have market values in excess of the municipality's market value
base amount and the county auditor shall certify the aggregate net tax capacity corresponding to
the amount by which those homesteads' market values exceed the municipality's market value
base amount as the "net tax capacity excess amount" for the assessment year corresponding to
the current taxes payable year. By July 1, 1996, the county auditor shall also certify the net tax
capacity excess amount for taxes payable in 1995.
(3) By July 1, 1996, and each succeeding year through 2001, the county auditor shall also
certify each municipality's local tax rate for the current taxes payable year.
(4) By July 1, 1996, and each succeeding year through 2001, the county auditor shall certify
for each municipality the amount equal to four percent of the municipality's current year total
residential homestead tax capacity multiplied by the local tax rate.
(5) By August 1, 1996, and each succeeding year through 2001, the Metropolitan Council
shall notify each municipality of its "affordable and life-cycle housing opportunities amount"
for the following calendar year equal to the lesser of the amount certified under clause (4) or the
amount, if any, by which the net tax capacity excess amount for the current year exceeds the
amount for taxes payable in 1995, multiplied by the municipality's local tax rate certified in
clause (3).
    Subd. 3a. Affordable, life-cycle housing opportunities amount after 2002. (1)
Notwithstanding any other provisions of this section, commencing for calendar year 2003
and each succeeding calendar year, each municipality's "affordable and life-cycle housing
opportunities amount" for that year must be determined by the council using the method in this
subdivision. The affordable and life-cycle housing opportunities amount must be determined for
each calendar year for all municipalities in the metropolitan area.
(2) The council must allocate to each municipality its portion of the $1,000,000 of the
revenue generated by the levy authorized in section 473.249 which is credited to the local housing
incentives account pursuant to subdivision 5, paragraph (b). The allocation must be made by
determining the amount levied for and payable in each municipality in the previous calendar year
pursuant to the council levy in section 473.249 divided by the total amount levied for and payable
in the metropolitan area in the previous calendar year pursuant to such levy and multiplying
that result by $1,000,000.
(3) The council must also determine the amount levied for and payable in each municipality
in the previous calendar year pursuant to the council levy in section 473.253, subdivision 1.
(4) A municipality's affordable and life-cycle housing opportunities amount for the calendar
year is the sum of the amounts determined under clauses (2) and (3).
(5) Within 90 days after the effective date of this act, the council must notify each
municipality of its affordable and life-cycle housing opportunities amount for calendar years 2003
and 2004 as determined by the method in this subdivision. These amounts replace the affordable
and life-cycle housing opportunities amount for each municipality for calendar years 2003 and
2004 as previously determined by the method in subdivision 3.
(6) By August 1, 2004, and by August 1 of each succeeding year, the council must notify
each municipality of its affordable and life-cycle housing opportunities amount for the following
calendar year determined by the method in this subdivision.
    Subd. 4. Affordable and life-cycle housing requirement. In 1998, and thereafter, a
municipality that does not spend 85 percent of its affordable and life-cycle housing opportunities
amount to create affordable and life-cycle housing opportunities in the previous calendar year
must do one of the following with the affordable and life-cycle housing opportunities amount for
the previous year as determined under subdivision 3 or 3a, as applicable:
(1) distribute it to the local housing incentives account; or
(2) distribute it to the housing and redevelopment authority of the city or county in which
the municipality is located to create affordable and life-cycle housing opportunities in the
municipality.
A municipality may enter into agreements with adjacent municipalities to cooperatively
provide affordable and life-cycle housing. The housing may be provided in any of the cooperating
municipalities, but must meet the combined housing goals of each participating municipality.
    Subd. 5. Sources of funds. (a) The council shall credit to the local housing incentives
account any revenues derived from municipalities under subdivision 4, paragraph (b), clause (1).
(b) The council shall credit $1,000,000 of the proceeds of solid waste bonds issued by
the council under Minnesota Statutes, section 473.831, before its repeal, to the local housing
incentives account in the metropolitan livable communities fund. In 1998 and each year thereafter,
the council shall credit $1,000,000 of the revenues generated by the levy authorized in section
473.249 to the local housing incentives account.
(c) In 1997, and each year thereafter, the council shall transfer $500,000 from the livable
communities demonstration account to the local housing incentives account.
    Subd. 6. Distribution of funds. The funds in the account must be distributed annually by
the council to municipalities that:
(1) have not met their affordable and life-cycle housing goals as determined by the council;
and
(2) are actively funding projects designed to help meet the goals.
Funds may also be distributed to a development authority for a project in an eligible
municipality. The funds distributed by the council must be matched on a dollar-for-dollar basis
by the municipality or development authority receiving the funds. When distributing funds in
the account, the council must give priority to projects that (1) are in municipalities that have
contribution net tax capacities that exceed their distribution net tax capacities by more than $200
per household, (2) demonstrate the proposed project will link employment opportunities with
affordable and life-cycle housing, and (3) provide matching funds from a source other than the
required affordable and life-cycle housing opportunities amount under subdivision 3 or 3a, as
applicable. For the purposes of this subdivision, "municipality" means a statutory or home rule
charter city or town in the metropolitan area and "development authority" means a housing and
redevelopment authority, economic development authority, or port authority.
    Subd. 7. Report to council. By July 1, 2004, and by July 1 in each succeeding year, each
municipality must certify to the council whether or not it has spent 85 percent of its affordable
and life-cycle housing opportunities amount, as determined under subdivision 3a, in the previous
calendar year to create affordable and life-cycle housing opportunities. The council may verify
each municipality's certification.
    Subd. 8. Later election to participate. If a municipality did not participate for one or
more years and elects later to participate, the municipality must, with respect to its affordable
and life-cycle housing opportunities amount for the calendar year preceding the participating
calendar year:
(1) establish that it spent such amount on affordable and life-cycle housing during that
preceding calendar year; or
(2) agree to spend such amount from the preceding calendar year on affordable and life-cycle
housing in the participating calendar year, in addition to its affordable and life-cycle housing
opportunities amount for the participating calendar year; or
(3) distribute such amount to the local housing incentives account.
The council will determine which investments count toward the required affordable
and life-cycle housing opportunities amount by comparing the municipality to participating
municipalities similar in terms of stage of development and demographics. If it determines it to be
in the best interests of the region, the council may waive a reasonable portion of the amount.
    Subd. 9. Report to legislature. By February 1 of each year, the council must report to
the legislature the municipalities that have elected to participate and not to participate under
subdivision 1. This report must be filed as provided in section 3.195.
    Subd. 10. Metro report card. The Metropolitan Council shall present to the legislature and
release to the public by November 15, 1996, and each year thereafter a comprehensive report card
on affordable and life-cycle housing in each municipality in the metropolitan area. The report card
must include information on government, nonprofit, and marketplace efforts.
History: 1995 c 255 art 1 s 5; 2002 c 246 s 2,3; 2004 c 259 s 1-7

473.255 INCLUSIONARY HOUSING ACCOUNT.
    Subdivision 1. Definitions. (a) "Inclusionary housing development" means a new
construction development, including owner-occupied or rental housing, or a combination of
both, with a variety of prices and designs which serve families with a range of incomes and
housing needs.
(b) "Municipality" means a statutory or home rule charter city or town participating in the
local housing incentives program under section 473.254.
(c) "Development authority" means a housing and redevelopment authority, economic
development authority, or port authority.
    Subd. 2. Application criteria. The Metropolitan Council must give preference to
economically viable proposals to the degree that they: (1) use innovative building techniques or
materials to lower construction costs while maintaining high quality construction and livability;
(2) are located in communities that have demonstrated a willingness to waive local restrictions
which otherwise would increase costs of construction; and (3) include units affordable to
households with incomes at or below 80 percent of area median income.
Priority shall be given to proposals where at least 15 percent of the owner-occupied units
are affordable to households at or below 60 percent of the area annual median income and at
least ten percent of the rental units are affordable to households at or below 30 percent of area
annual median income.
An inclusionary housing development may include resale limitations on its affordable units.
The limitations may include a minimum ownership period before a purchaser may profit on the
sale of an affordable unit.
Cost savings from regulatory incentives must be reflected in the sale of all residences in an
inclusionary development.
    Subd. 3. Inclusionary housing incentives. The Metropolitan Council may work with
municipalities and developers to provide incentives to inclusionary housing developments such
as waiver of service availability charges and other regulatory incentives that would result in
identifiable cost avoidance or reductions for an inclusionary housing development.
    Subd. 4. Inclusionary housing grants. The council shall use funds in the inclusionary
housing account to make grants or loans to municipalities or development authorities to fund the
production of inclusionary housing developments that are located in municipalities that offer
incentives to assist in the production of inclusionary housing. Such incentives include but are not
limited to: density bonuses, reduced setbacks and parking requirements, decreased roadwidths,
flexibility in site development standards and zoning code requirements, waiver of permit or
impact fees, fast-track permitting and approvals, or any other regulatory incentives that would
result in identifiable cost avoidance or reductions that contribute to the economic feasibility of
inclusionary housing.
    Subd. 5. Grant application. A grant application must at a minimum include the location of
the inclusionary development, the type of housing to be produced, the number of affordable units
to be produced, the monthly rent, or purchase price of the affordable units, and the incentives
provided by the municipality to achieve development of the affordable units.
History: 1999 c 223 art 2 s 58; 2002 c 246 s 4,5

PARKS AND OPEN SPACE

473.301 DEFINITIONS.
    Subdivision 1. Terms. As used in sections 473.302 to 473.341, the terms defined in this
section have the meanings given them.
    Subd. 2. Policy plan. "Policy plan" means a plan adopted by the council pursuant to section
473.147, generally describing the extent, type and location of regional recreation open space
needed for the metropolitan area and the timing of its acquisition and development.
    Subd. 3. Master plan. "Master plan" means a plan describing the boundaries of specific
parks or other regional recreation open space and the nature of their development and use.
    Subd. 4. Commission. "Commission" means the Metropolitan Parks and Open Space
Commission created by section 473.303.
    Subd. 5. Municipality. "Municipality" means any city or town exercising municipal powers
located in the metropolitan area, except where there exists in a city of the first class an elected
park and recreation board having control of parks, parkways, playgrounds, and trees, for purposes
of sections 473.302 to 473.341, that board shall be considered a municipality.
History: 1975 c 13 s 43

473.302 REGIONAL RECREATION OPEN SPACE SYSTEM; PURPOSE.
The legislature finds that the pressure of urbanization and development threatens valuable
recreational open space areas in the metropolitan area at the same time as the need for such areas
is increased. Immediate action is therefore necessary to provide funds to acquire, preserve, protect
and develop regional recreational open space for public use.
History: 1975 c 13 s 44; 1977 c 421 s 7

473.303 METROPOLITAN PARKS AND OPEN SPACE COMMISSION.
    Subdivision 1. General. A Metropolitan Parks and Open Space Commission is established
as an agency of the council and shall be organized and structured as provided in this section.
    Subd. 2. Membership; appointments. (a) The agency consists of eight members, plus a
chair appointed as provided in subdivision 3. The Metropolitan Council shall appoint the eight
members on a nonpartisan basis after consultation with the members of the legislature from
the district for which the member is to be appointed. The consultation with legislators in the
affected district must include informing each legislator of the name, address, and background of
each candidate for appointment and soliciting and reporting to the appointments committee the
recommendation of each legislator on the appointment.
(b) In addition to the notice required in section 15.0597, subdivision 4, notice of vacancies
and expiration of terms must be published in newspapers of general circulation in the metropolitan
area and the appropriate districts. The council shall notify in writing the governing bodies of the
statutory and home rule charter cities, counties, and towns having territory in the district for
which the member is to be appointed. The notices must describe the appointment process and
invite participation and recommendations on the appointment.
(c) The council shall establish an appointments committee, composed of members of the
council, to screen and review candidates. Following the submission of member applications to
the Metropolitan Council as provided under section 15.0597, subdivision 5, the appointments
committee shall conduct public meetings, following appropriate notice, to accept statements
from or on behalf of persons who have applied or been nominated for appointment and to allow
consultation with and secure the advice of the public and local elected officials. The committee
shall hold the meeting on each appointment in the district or in a reasonably convenient and
accessible location in the part of the metropolitan area in which the district is located. The
committee may consolidate meetings. Following the meetings, the committee shall submit
to the council a written report that lists the persons who have applied or been nominated or
recommended for the position, along with a description of the background and qualifications of
each. In making its recommendation, the committee specifically shall consider evidence of the
candidate's commitment to regularly communicate on issues before the agency with Metropolitan
Council members, legislators and local elected officials in the district, and the committee shall
report its findings on this subject in its written report to the council.
(d) One member shall be appointed from each of the following agency districts:
(1) district A, consisting of council districts 1 and 2;
(2) district B, consisting of council districts 3 and 4;
(3) district C, consisting of council districts 5 and 6;
(4) district D, consisting of council districts 7 and 8;
(5) district E, consisting of council districts 9 and 10;
(6) district F, consisting of council districts 11 and 12;
(7) district G, consisting of council districts 13 and 14; and
(8) district H, consisting of council districts 15 and 16.
    Subd. 3. Chair. The chair of the commission shall be appointed by the council and shall be
the ninth member of the commission and shall meet all qualifications established for members,
except the chair need only reside within the metropolitan area. The chair shall preside at all
meetings of the commission, if present, and shall perform all other duties and functions assigned
by the commission or by law. The commission may appoint from among its members a vice-chair
to act for the chair during temporary absence or disability.
    Subd. 3a. Members; duties. Each member shall communicate regularly with Metropolitan
Council members, legislators, and local government officials in the district the member represents.
    Subd. 4. Qualifications. Each member shall be a resident of the commission district for
which appointed and shall not during terms of office as a commission member hold the office
of Metropolitan Council member, or be a member of any metropolitan agency or hold any
judicial office.
    Subd. 4a. Terms. Following each apportionment of Metropolitan Council districts, as
provided under section 473.123, subdivision 3a, the Metropolitan Council shall appoint a chair
and eight commission members from newly drawn districts. The terms of members and chairs
are as follows: members representing commission districts A, B, C, and D, and the chair of the
commission, for terms ending the first Monday in January of the year ending in the numeral "7";
members representing commission districts E, F, G, and H, for terms ending the first Monday
in January of the year ending in the numeral "5." Thereafter the term of each member and the
chair is four years, with terms ending the first Monday in January, except that all terms expire on
the effective date of the next apportionment. The chair shall continue to serve until a successor
is appointed and qualified. A member shall continue to serve the commission district until a
successor is appointed and qualified; except that, following each apportionment, the member shall
continue to serve at large until the Metropolitan Council appoints eight commission members as
provided under subdivision 2, to serve terms as provided under this subdivision. The appointments
to the commission must be made by the first Monday in May of the year in which the term ends.
    Subd. 5. Vacancies; removal. If the office of any commission member or the chair becomes
vacant, the vacancy shall be filled by appointment in the same manner the original appointment
was made. Members, other than the chair, may be removed by the council only for cause. The
chair may be removed at the pleasure of the council.
    Subd. 6. Compensation. Members and the chair shall serve without compensation but
shall be reimbursed for all actual and necessary expenses incurred in the performance of duties
as determined by the Metropolitan Council.
History: 1975 c 13 s 45; 1977 c 421 s 8; 1983 c 16 s 9-13; 1986 c 444; 1986 c 460 s 32-34;
1987 c 278 s 10; 1994 c 628 art 3 s 53-58; 1Sp2003 c 16 s 7

473.313 MASTER PLANS.
    Subdivision 1. Adoption. Each park district located wholly or partially within the
metropolitan area, and each county in the metropolitan area not wholly within a park district,
shall prepare, after consultation with all affected municipalities, and submit to the Metropolitan
Council, and from time to time revise and resubmit to the council, a master plan and annual
budget for the acquisition and development of regional recreation open space located within the
district or county, consistent with the council's policy plan.
    Subd. 2. Council review. The Metropolitan Council shall review with the advice of the
commission, each master plan to determine whether it is consistent with the council's policy plan.
If it is not consistent, the council shall return the plan with its comments to the municipalities,
park district or county for revision and resubmittal.
History: 1975 c 13 s 46

473.315 GRANTS FOR RECREATION OPEN SPACE.
    Subdivision 1. To metro local governments. The Metropolitan Council with the advice
of the commission may make grants, from any funds available to it for recreation open space
purposes, to any municipality, park district or county located wholly or partially within the
metropolitan area to cover the cost, or any portion of the cost, of acquiring or developing regional
recreation open space in accordance with the policy plan; and all such agencies may enter into
contracts for this purpose or rights or interests therein. The cost of acquisition shall include any
payments required for relocation pursuant to sections 117.50 to 117.56.
    Subd. 2. Immediate grants. In order to avoid further delays in acquisition and development
of regional recreational open spaces heretofore identified by the council and within existing
metropolitan development guidelines, the Metropolitan Council is authorized to immediately
make grants to acquire or develop such areas. The existing development guide sections on
regional recreation open space shall continue in force and effect and shall constitute the policy
plan until the adoption of revisions or modifications pursuant to section 473.147.
History: 1975 c 13 s 47; 1977 c 421 s 9

473.325 SALES OF G.O. REFUNDING BONDS.
    Subdivision 1. Up to $40,000,000 outstanding. The Metropolitan Council may by resolution
authorize the issuance of general obligation bonds of the council such that the amount outstanding
and undischarged at any time shall not exceed $40,000,000, for which its full faith and credit and
taxing powers shall be pledged, for the acquisition and betterment of regional recreation open
space in accordance with sections 473.301 to 473.341. The Metropolitan Council may also issue
general obligation bonds for the purpose of refunding outstanding obligations issued hereunder.
The amount of refunding bonds that may be issued from time to time shall not be subject to the
dollar limitation contained in this subdivision nor shall such refunding bonds be included in
computing the amount of bonds that may be issued within such dollar limitation.
    Subd. 2. Chapter 475 applies; exceptions. The Metropolitan Council shall sell and issue
the bonds in the manner provided in chapter 475, and shall have the same powers and duties
as a municipality issuing bonds under that law, except that the approval of a majority of the
electors shall not be required and the net debt limitations shall not apply. The terms of each
series of bonds shall be fixed so that the amount of principal and interest on all outstanding
and undischarged bonds, together with the bonds proposed to be issued, due in any year shall
not exceed 0.01209 percent of market value of all taxable property in the metropolitan area as
last finally equalized prior to a proposed issue. The bonds shall be secured in accordance with
section 475.61, subdivision 1, and any taxes required for their payment shall be levied by the
council, shall not affect the amount or rate of taxes which may be levied by the council for other
purposes, shall be spread against all taxable property in the metropolitan area and shall not be
subject to limitation as to rate or amount. Any taxes certified by the council to the county auditors
for collection shall be reduced by the amount received by the council from the commissioner of
finance or the federal government for the purpose of paying the principal and interest on bonds to
which the levy relates. The council shall certify the fact and amount of all money so received to
the county auditors, and the auditors shall reduce the levies previously made for the bonds in the
manner and to the extent provided in section 475.61, subdivision 3.
    Subd. 3. Temporary loans. The Metropolitan Council shall have the power, after the
authorization of bonds pursuant to this section, to provide funds immediately required for the
purposes of sections 473.301 to 473.341, by effecting temporary loans upon such terms as it
shall by resolution determine, evidenced by notes due in not exceeding 24 months from the date
thereof, payable to the order of the lender or to the bearer, to be repaid with interest from the
proceeds of such bonds when issued and delivered to the purchaser thereof. Such temporary loans
may be made without public advertisement.
    Subd. 4. Full faith, credit switch. In the event that the full faith and credit pledge of the
Metropolitan Council for the payment of principal and interest on the bonds issued under this
section is superseded and replaced by the full faith and credit pledge of the state of Minnesota, by
binding and irrevocable legislation, such action shall extinguish the full faith and credit pledge
theretofore made for all bonds and the interest thereon issued pursuant to this section.
    Subd. 5.[Repealed, 1994 c 628 art 3 s 209]
History: 1975 c 13 s 48; 1988 c 719 art 5 s 84; 1989 c 277 art 4 s 72

473.326 COMO PARK ZOO BONDS.
    Subdivision 1. Up to $2,300,000. Subject to the provisions of subdivision 2, the Metropolitan
Council shall by resolution authorize the issuance of general obligation bonds of the council in an
aggregate principal amount not exceeding $2,300,000, in addition to the amount authorized under
the provisions of section 473.325. The proceeds shall be used by the council for grants to the city
of St. Paul for the repair, construction, reconstruction, improvement, and rehabilitation of the
Como Park Zoo owned and operated by the city. The bonds shall be sold, issued, and secured as
provided in section 473.325, and the terms of each series thereof shall be fixed so that the annual
principal and interest payments thereon, together with those on all outstanding and undischarged
bonds issued pursuant to section 473.325, will not exceed the limit provided in that section.
    Subd. 2. Contingent on plan conformity. The city council shall cause to be prepared,
approve, and submit to the Metropolitan Council plans for any work for which a grant is
requested. The Metropolitan Council shall determine whether the plans are consistent with
Ramsey County's master plan and the Metropolitan Council's policy plan for regional recreation
open space. If not, or if the determination cannot be made on the basis of the plans as submitted,
they shall be returned with comments to the city council for revision and resubmission. No
bonds shall be issued under this section until the plans for the work to be financed thereby are
approved by the Metropolitan Council.
    Subd. 3. Reappropriated state funds. Of any state funds reappropriated to the Metropolitan
Council for use for the acquisition and betterment of regional recreation open space, at
least $1,400,000 shall be used by the council for grants to the city of St. Paul for the repair,
construction, reconstruction, improvement, and rehabilitation of the Como Park Zoo.
    Subd. 4. City's ownership, management. No grant made under this section shall affect the
city's ownership of or power to manage and operate the zoo, in a manner consistent with the
master plan and policy plan.
History: 1977 c 436 s 1

473.331 LOCAL ACQUISITION.
Any park district or municipality wholly or partially within the metropolitan area, and any
county in the metropolitan area not wholly within a park district, may acquire, develop and
manage any land or water area, or any interests, easements or other rights therein, comprising
regional recreation open space in the same manner as it is authorized to do for other park and
recreation purposes, and such area or other rights shall constitute a part of the park and recreation
system of the acquiring agency.
History: 1975 c 13 s 49

473.333 COUNCIL ACQUISITION.
The Metropolitan Council shall have the same powers as a county under section 398.32,
subdivision 1 , to acquire any land or water area, or any interests, easements or other rights
therein, which are included in the policy plan whenever such areas have not been acquired for
recreation open space purposes within the period of time hereinafter specified; provided that the
council shall not have the power of eminent domain. Before proceeding with the acquisition of
any such area or other rights, the council shall by resolution offer a grant covering the full cost
of acquisition to the municipality, park district or county in which the area or other rights are
situated. If the acquisition process has not been initiated within 60 days or if the area or other
rights have not been acquired within 12 months after the adoption of the resolution, the council
may by resolution offer such a grant to another park district or county or to a municipality in the
metropolitan area. If the acquisition process has not been initiated within 60 days or if the area or
other rights have not been acquired within six months after the adoption of the resolution, the
council may direct the commission to proceed with acquisition. The council may, in its discretion,
direct the commission to contract with a municipality, park district or county for such services as
may be needed to complete such acquisition. The council shall direct the commission to manage
such areas so as to preserve them for future recreation open space purposes and may contract
with a municipality, park district or county for such management. The council shall convey such
areas to a municipality, park district or county for development and operation consistent with an
approved recreation open space master plan.
History: 1975 c 13 s 50

473.334 SPECIAL ASSESSMENT; AGREEMENT.
    Subdivision 1. Generally. In determining the special benefit received by regional recreation
open space system property as defined in sections 473.301 to 473.351 from an improvement
for which a special assessment is determined, the governing body shall not consider any use
of the property other than as regional recreation open space property at the time the special
assessment is determined. The Metropolitan Council shall not be bound by the determination of
the governing body of the city but may pay a lesser amount, as agreed upon by the Metropolitan
Council and the governing body of the city, as they determine is the measure of benefit to the
land from the improvement.
    Subd. 2. Exception. This section does not apply to Otter-Bald Eagle Lake Regional Park
property in the town of White Bear, Ramsey County, which shall continue to be governed by
section 435.19.
History: 1993 c 375 art 17 s 19

473.341 TAX EQUIVALENTS.
In the year in which the Metropolitan Council or an implementing agency as defined
in section 473.351 acquires fee title to any real property included in the regional recreation
open space system, the Metropolitan Council shall grant sufficient funds to the appropriate
implementing agency to make the tax equivalent payment required in this section. The council
shall determine the total amount of property taxes levied on the real property for municipal or
township purposes for collection in the year in which title passed. The municipality or township in
which the real property is situated shall be paid 180 percent of the total tax amount determined by
the council. If the implementing agency has granted a life estate to the seller of the real property
and the seller is obligated to pay property taxes on the property, this tax equivalent shall not be
paid until the life estate ends. All amounts paid pursuant to this section are costs of acquisition of
the real property acquired.
History: 1975 c 13 s 51; 1994 c 587 art 5 s 23

473.351 METROPOLITAN AREA REGIONAL PARKS FUNDING.
    Subdivision 1. Definitions. The definitions in this subdivision apply to this section.
(a) "Implementing agency" means the counties of Anoka, Washington, Ramsey, Scott,
Carver, Dakota, the city of St. Paul, the city of Bloomington, the Minneapolis Park and Recreation
Board, and the Three Rivers Park District.
(b) "Operation and maintenance expenditures" means the cost of providing for the operation
and maintenance of waters, lands, and facilities that are a part of the metropolitan area
regional park and open space system, including but not limited to, the provision of fire, police,
maintenance, forestry, rehabilitation expenses pertaining to routine care, and the allocation of the
administrative overhead costs of the regional park and open space systems.
(c) "Operation and maintenance money" means money appropriated by the legislature to the
commissioner of employment and economic development for distribution by the Metropolitan
Council.
(d) "Regional recreation open space systems" means those parks that have been designated
by the Metropolitan Council under section 473.145.
    Subd. 2. Metropolitan Council obligation. Annually before August 1 the Metropolitan
Council shall distribute grant money received from the commissioner of natural resources to fund
the operation and maintenance expenditures of the implementing agencies for the operation
and maintenance of regional park and open space systems. The Metropolitan Council shall
annually report to the legislature the amount distributed to each implementing agency and its
estimate of the percentage of operation and maintenance expenditures paid for with operation and
maintenance money.
    Subd. 3. Allocation formula. By July 1 of every year each implementing agency must
submit to the Metropolitan Parks and Open Space Commission a statement of the next annual
anticipated operation and maintenance expenditures of the regional recreation open space parks
systems within their respective jurisdictions and the previous year's actual expenditures. After
reviewing the actual expenditures submitted and by July 15 of each year, the parks and open
space commission shall forward to the Metropolitan Council the funding requests from the
implementing agencies based on the actual expenditures made. The Metropolitan Council shall
distribute the operation and maintenance money as follows:
(1) 40 percent based on the use that each implementing agency's regional recreation open
space system has in proportion to the total use of the metropolitan regional recreation open
space system;
(2) 40 percent based on the operation and maintenance expenditures made in the previous
year by each implementing agency in proportion to the total operation and maintenance
expenditures of all of the implementing agencies; and
(3) 20 percent based on the acreage that each implementing agency's regional recreation
open space system has in proportion to the total acreage of the metropolitan regional recreation
open space system. The 80 percent natural resource management land acreage of the park reserves
must be divided by four in calculating the distribution under this clause.
Each implementing agency must receive no less than 40 percent of its actual operation and
maintenance expenses to be incurred in the current calendar year budget as submitted to the
parks and open space commission. If the available operation and maintenance money is less
than the total amount determined by the formula including the preceding, the implementing
agencies will share the available money in proportion to the amounts they would otherwise be
entitled to under the formula.
    Subd. 4. Implementing agency control. This section does not affect, change, alter, transfer,
or modify the governance, administration, jurisdiction, or control of the implementing agencies
over the parks, water, lands, and facilities they presently or in the future may administer, govern,
or control, nor the employment relationship between the implementing agencies and their present
and future employees.
    Subd. 5.[Repealed, 1987 c 404 s 191]
    Subd. 6. Restriction. A metropolitan area regional park receiving grant money for
maintenance and operation costs must agree:
(1) to sell or promote licenses, passes, or registrations required to engage in recreational
activities appropriate to the park or the site of the park when a building on the park site is staffed
and open to the public; and
(2) to provide drinking water supplies adequate for the recreational uses of the park. Each
implementing agency must consult with groups representing users of its parks to determine the
adequacy of drinking water supplies.
History: 1Sp1985 c 13 s 355; 1987 c 312 art 1 s 26 subd 2; 1987 c 404 s 177; 1993 c 172 s
83; 2004 c 206 s 52; 2005 c 82 s 11

TRANSIT

473.371 POLICY; GOALS.
    Subdivision 1. Policy. The legislature finds that, for the provision of essential mobility and
transportation options in the metropolitan area, for the encouragement of alternatives to the
single-occupant vehicle and for the development of transportation service designed to meet
public needs efficiently and effectively, there is a need for the creation of transit programs in
the metropolitan area.
    Subd. 2. Goals. The goals of sections 473.371 to 473.449 are as follows:
(a) to provide, to the greatest feasible extent, a basic level of mobility for all people in
the metropolitan area;
(b) to arrange to the greatest feasible extent for the provision of a comprehensive set of
transit and paratransit services to meet the needs of all people in the metropolitan area;
(c) to cooperate with private and public transit providers to assure the most efficient and
coordinated use of existing and planned transit resources; and
(d) to maintain public mobility in the event of emergencies or energy shortages.
History: 1984 c 654 art 3 s 115; 1994 c 628 art 3 s 59

473.373 [Repealed, 1994 c 628 art 3 s 209]

473.375 POWERS OF COUNCIL.
    Subdivision 1.[Repealed, 1994 c 628 art 3 s 209]
    Subd. 2.[Repealed, 1994 c 628 art 3 s 209]
    Subd. 3.[Repealed, 1994 c 628 art 3 s 209]
    Subd. 4.[Repealed, 1994 c 628 art 3 s 209]
    Subd. 5.[Repealed, 1994 c 628 art 3 s 209]
    Subd. 6.[Repealed, 1994 c 628 art 3 s 209]
    Subd. 7.[Repealed, 1994 c 628 art 3 s 209]
    Subd. 8.[Repealed, 1994 c 628 art 3 s 209]
    Subd. 9. Advisory committees. The council may establish one or more advisory committees
composed of and representing transit providers, transit users, and local units of government
to advise it in carrying out its purposes. The members of advisory committees serve without
compensation.
    Subd. 10.[Repealed, 1994 c 628 art 3 s 209]
    Subd. 11. Ridesharing. The council shall administer a ridesharing program in the
metropolitan area, except for the statewide vanpool leasing program conducted by the
commissioner of transportation and shall cooperate with the commissioner in the conduct of
ridesharing activities in areas where the commissioner's programs and the council's program
overlap. The council shall establish a rideshare advisory committee to advise it in carrying out the
program. The council may contract for services in operating the program.
    Subd. 12. Assistance. The council shall offer, use, and apply its services to assist and advise
transit providers in the metropolitan transit area in the planning, promotion, development,
operation, and evaluation of programs and projects which are undertaken or proposed to be
undertaken by contract with the council, and shall seek out and select recipients of this assistance
and advice.
    Subd. 13. Financial assistance. The council may provide financial assistance to public
transit providers as provided in sections 473.371 to 473.449. The council may not use the proceeds
of bonds issued under section 473.39 to provide capital assistance to private, for-profit operators
of public transit, unless the operators provide service under a contract with the council, the former
regional transit board, or recipients of financial assistance under sections 473.371 to 473.449.
No political subdivision within the metropolitan area may apply for federal transit assistance
unless its application has been submitted to and approved by the council.
    Subd. 14. Coordination. The council shall coordinate transit operations within the
metropolitan area and shall establish a transit information program to provide transit users with
accurate information on transit schedules and service.
    Subd. 15. Performance standards. The council may establish performance standards for
recipients of financial assistance.
    Subd. 16.[Repealed, 1994 c 628 art 3 s 209]
    Subd. 17.[Repealed, 1994 c 628 art 3 s 209]
    Subd. 18.[Repealed, 1994 c 628 art 3 s 209]
History: 1984 c 654 art 3 s 117; 1Sp1985 c 10 s 96,97; 1988 c 675 s 14-16; 1989 c 335
art 4 s 91; 1989 c 339 s 9,10; 1991 c 326 s 23; 1994 c 605 art 1 s 1; 1994 c 628 art 3 s 62-66;
1995 c 236 s 7,8

473.377 [Repealed, 1994 c 628 art 3 s 209]

473.38 [Repealed, 1994 c 628 art 3 s 209]

473.382 LOCAL PLANNING AND DEVELOPMENT PROGRAM.
The council shall establish a program to ensure participation by representatives of local
government units and the coordination of the planning and development of transit by local
government units. The council shall encourage the establishment of local transit planning and
development boards by local governments for the purpose of:
(a) identifying service needs and objectives;
(b) preparing, or advising and assisting local units of government in preparing the transit
study and service plan required by section 473.384;
(c) preparing or advising the council in the review of applications for assistance under
section 473.384.
The council may provide local boards with whatever assistance it deems necessary and
appropriate.
History: 1984 c 654 art 3 s 120; 1994 c 628 art 3 s 68

473.384 CONTRACTS.
    Subdivision 1. Contracts required. The council shall make contracts with eligible recipients
for financial assistance to transit service within the metropolitan area. The council may not give
financial assistance to another transit provider without first having executed a contract. The
provisions of this section do not apply to contracts made under sections 473.386 and 473.388.
    Subd. 2. Eligibility. To be eligible to receive financial assistance by contract under this
section a recipient must be:
(a) a county, statutory or home rule charter city or town or combination thereof, or public
authority organized and existing pursuant to chapter 398A, providing financial assistance to or
providing or operating public transit; or
(b) a private provider of public transit.
    Subd. 3. Applications. The council shall establish procedures and standards for review and
approval of applications for financial assistance under this section. An applicant must provide
the council with the financial and other information the council requires to carry out its duties.
The council may specify procedures, including public hearing requirements, to be followed by
applicants that are cities, towns, or counties or combinations thereof in conducting transit studies
and formulating service plans under subdivisions 4 and 5.
    Subd. 4. Transit study. The council shall require that prior to applying for financial
assistance by contract under clause (a) of subdivision 2, the applicant must prepare and submit a
transit study which includes the following elements:
(a) a determination of existing and future transit needs within the area to be served, and an
assessment of the adequacy of existing service to meet the needs;
(b) an assessment of the level and type of service required to meet unmet needs;
(c) an assessment of existing and future resources available for the financing of transit
service; and
(d) the type or types of any new government arrangements or agreements needed to provide
adequate service.
The transit study for any applicant may be done by the council.
    Subd. 5. Service plan. The council shall, before making a contract with an eligible recipient,
require the submission of a service plan which includes the following elements:
(a) a description of the service proposed for financial assistance, including vehicles, routes,
and schedules;
(b) an assessment of the extent to which the proposed service meets the needs as determined
by the transit study;
(c) a description of the contract administration and review process if the operation of the
proposed service is to be done by a private contractor;
(d) a description of the amount required to establish and operate the proposed service and the
proposed sources of the required amount including operating revenue, other local sources, and
assistance from the council and from federal sources;
(e) the fare structure of the proposed service; and
(f) projections of usage of the system.
The council may specify procedures, including public hearing requirements, to be followed
by applicants that are cities, towns, or counties or combinations thereof in conducting transit
studies and formulating service plans.
    Subd. 6. Financial assistance for certain providers. The council shall provide financial
assistance to recipients who were receiving assistance by contract with the commissioner of
transportation under Minnesota Statutes 1982, section 174.24, subdivision 3 on July 1, 1984,
so that the percentage of total operating cost, as defined by the council, paid by the recipient
from all local sources of revenue, including operating revenue, does not exceed the percentage
for the recipient's classification as determined by the commissioner of transportation under the
commissioner's final contract with the recipient. The council may include funds received under
section 473.446, subdivision 1a, as a local source of revenue. The remainder of the total operating
cost will be paid by the council less all assistance received by the recipient for that purpose
from any federal source.
If a recipient informs the council in writing prior to the distribution of financial assistance
for any year that paying its designated percentage of total operating cost from local sources
will cause undue hardship, the council may adjust the percentage as it deems equitable. If for
any year the funds available to the council are insufficient to allow the council to pay its share of
total operating cost for those recipients, the council shall reduce its share in each classification to
the extent necessary.
    Subd. 7. Transit operations impact assessment. Prior to entering into a contract for
operating assistance with a recipient, the council shall evaluate the effect, if any, of the contract
on the ridership, routes, schedules, fares, and staffing levels of the existing and proposed service
provided by the council. The council may enter into the contract only if it determines that the
service to be assisted under the contract will not impose an undue hardship on the ridership
or financial condition of the council's transit operations. The requirements of this subdivision
do not apply to contracts for assistance to recipients who, as part of a negotiated cost-sharing
arrangement with the council, pay a substantial part of the cost of services that directly benefit
the recipient as an institution or organization.
    Subd. 8. Paratransit contracts. In executing and administering contracts for paratransit
projects, the council has the powers and duties given to the commissioner of transportation in
section 174.255, subdivisions 1 and 2, relating to disability accessibility and insurance coverage.
The provisions of section 174.255, subdivision 3, apply to paratransit projects which receive
assistance by contract with the council.
    Subd. 9.[Repealed, 1994 c 628 art 3 s 209]
History: 1984 c 654 art 3 s 121; 1985 c 248 s 60; 1Sp1985 c 10 s 99; 1986 c 444; 1989 c
269 s 47; 1994 c 628 art 3 s 69-75; 2005 c 56 s 1

473.385 TRANSIT SERVICE AREAS.
    Subdivision 1. Definitions. (a) "Fully developed service area" means the fully developed
area, as defined in the Metropolitan Council's development guide, plus the cities of Mendota
Heights, Maplewood, North St. Paul, and Little Canada.
(b) "Regular route transit" has the meaning given it in section 174.22, subdivision 8,
except that, for purposes of this section, the term does not include services on fixed routes
and schedules that are primarily intended to provide circulator service within a community or
adjacent communities rather than feeder service to the system of metropolitan regular route
transit operated by the council.
    Subd. 2. Service areas. The council may provide financial assistance (whether directly or
through another entity) to private, for-profit operators of public transit only for the following
services:
(1) services that are not regular route services;
(2) regular route services provided on June 2, 1989, by a private, for-profit operator under
contract with the former regional transit board or under a certificate of convenience and necessity
issued by the commissioner of transportation;
(3) regular route services outside of the fully developed service area that are not operated on
June 2, 1989, by the former Metropolitan Transit Commission;
(4) regular route services provided under section 473.388;
(5) regular route services to recipients who, as part of a negotiated cost-sharing arrangement
with the council, pay at least 50 percent of the cost of the service that directly benefits the
recipient as an institution or organization; or
(6) regular route services that will not be operated for a reasonable subsidy by the council.
History: 1989 c 339 s 11; 1994 c 628 art 3 s 76; 1995 c 236 s 9; 2001 c 213 s 30

473.386 SPECIAL TRANSPORTATION SERVICE.
    Subdivision 1. Service objectives. The council shall implement a special transportation
service, as defined in section 174.29, in the metropolitan area. The service has the following
objectives:
(a) to provide greater access to transportation for the elderly, people with disabilities, and
others with special transportation needs in the metropolitan area;
(b) to develop an integrated system of special transportation service providing transportation
tailored to meet special individual needs in the most cost-efficient manner; and
(c) to use existing public, private, and private nonprofit providers of service wherever
possible, to supplement rather than replace existing service, and to increase the productivity of all
special transportation vehicles available in the area.
    Subd. 2. Service contracts; management; transportation accessibility advisory
committee. (a) The council may contract for services necessary for the provision of special
transportation. Transportation service provided under a contract must specify the service to
be provided, the standards that must be met, and the rates for operating and providing special
transportation services.
(b) The council shall establish management policies for the service and may contract with
a service administrator for day-to-day administration and management of the service. Any
contract must delegate to the service administrator clear authority to administer and manage the
delivery of the service pursuant to council management policies and must establish performance
and compliance standards for the service administrator. The council may provide directly day
to day administration and management of the service and may own or lease vehicles used to
provide the service.
(c) The council shall ensure that the service administrator establishes a system for registering
and expeditiously responding to complaints by users, informing users of how to register
complaints, and requiring providers to report on incidents that impair the safety and well-being
of users or the quality of the service. The council shall annually report to the commissioner of
transportation and the legislature on complaints and provider reports, the response of the service
administrator, and steps taken by the council and the service administrator to identify causes
and provide remedies to recurring problems.
(d) Each year before renewing contracts with providers and the service administrator, the
council shall provide an opportunity for the transportation accessibility advisory committee, users,
and other interested persons to testify before the council concerning providers, contract terms, and
other matters relating to council policies and procedures for implementing the service.
(e) The council shall establish a Transportation Accessibility Advisory Committee. The
Transportation Accessibility Advisory Committee must include elderly and disabled persons,
other users of special transportation service, representatives of persons contracting to provide
special transportation services, and representatives of appropriate agencies for elderly and
disabled persons to advise the council on management policies for the service. At least half the
Transportation Accessibility Advisory Committee members must be disabled or elderly persons or
the representatives of disabled or elderly persons. Two of the appointments to the Transportation
Accessibility Advisory Committee shall be made by the Council on Disability in consultation
with the chair of the Metropolitan Council.
    Subd. 2a. Eligibility certification. The council shall include the notice of penalty for
fraudulent certification, and require the person certifying the applicant to sign the eligibility
certification form and the applicant to sign the application form, as provided in section 174.295.
    Subd. 3. Duties of council. In implementing the special transportation service, the council
shall:
(a) encourage participation in the service by public, private, and private nonprofit providers
of special transportation currently receiving capital or operating assistance from a public agency;
(b) contract with public, private, and private nonprofit providers that have demonstrated their
ability to effectively provide service at a reasonable cost;
(c) encourage individuals using special transportation to use the type of service most
appropriate to their particular needs;
(d) ensure that all persons providing special transportation service receive equitable
treatment in the allocation of the ridership;
(e) encourage shared rides to the greatest extent practicable;
(f) encourage public agencies that provide transportation to eligible individuals as a
component of human services and educational programs to coordinate with this service and to
allow reimbursement for transportation provided through the service at rates that reflect the
public cost of providing that transportation;
(g) establish criteria to be used in determining individual eligibility for special transportation
services;
(h) consult with the Transportation Accessibility Advisory Committee in a timely manner
before changes are made in the provision of special transportation services, including, but not
limited to, changes in policies affecting the matters subject to hearing under subdivision 2;
(i) provide for effective administration and enforcement of council policies and standards;
(j) annually evaluate providers of special transportation service to ensure compliance with
the standards established for the program; and
(k) ensure that, taken as a whole including contracts with public, private, and private
nonprofit providers, the geographic coverage area of the special transportation service is
continuous within the boundaries of the transit taxing district, as defined as of March 1, 2006,
in section 473.446, subdivision 2.
    Subd. 4. Coordination required. The council may not grant any financial assistance to any
recipient that proposes to use any part of the grant to provide special transportation service in
the metropolitan area unless the program is coordinated with the council's special transportation
service in the manner determined by the council. The council is not required to provide funding
for transportation services from a residence to a service site and home again when the services
are used by individuals in conjunction with their participation in human service developmental
achievement center programs in which transportation to and from the program is a required and
funded component of those programs.
    Subd. 5. Equitable allocation and annual reallocation. The council shall distribute all
available funding under this section in a manner designed to achieve an equitable allocation
of special transportation services based on the proportion of the number of elderly, disabled,
or economically disadvantaged individuals with special transportation needs who actually use
the special transportation service.
    Subd. 6. Operating and service standards. A person operating or assisting the operation
of a vehicle may leave the vehicle to enter premises in order to help a passenger who does not
require emergency ambulance service. Operators and assistants shall provide the help necessary
for door-through-door service, including help in entering and leaving the vehicle and help through
the exterior entrance and over any exterior steps at either departure or destination buildings,
provided that both the steps and the wheelchair are in good repair. If an operator or assistant
refuses help because of the condition of the steps or the wheelchair, the operator of the service
shall send letters to the service administrator designated by the council, who shall notify the
person denied service describing the corrective measures necessary to qualify for service.
    Subd. 7.[Repealed, 1987 c 88 s 13]
    Subd. 8. Vehicle title transfer; conditions. The Metropolitan Council may transfer to a
special transportation service provider or a provider of taxi services the title to a vehicle formerly
used to provide special transportation service under this section. If the council transfers title to
a provider of taxi services, it may do so only to a provider of taxi services that is licensed by a
city whose taxi licensing ordinance requires (1) criminal background checks and annual driving
record checks for drivers, and (2) inspection of vehicles at least annually.
History: 1984 c 654 art 3 s 122; 1Sp1985 c 10 s 100; 1986 c 444; 1987 c 88 s 8-12; 1987 c
354 s 8; 1989 c 269 s 48; 1992 c 390 s 1,2; 1993 c 326 art 4 s 12; 1994 c 628 art 3 s 77-83,211;
1995 c 236 s 10-12; 2001 c 112 s 2; 2006 c 279 s 1

473.387 SPECIAL TRANSPORTATION MARKETS.
    Subdivision 1. Purposes. The legislature finds and declares that the limited public resources
available to subsidize transit require increased efforts to concentrate service and funding on
special sectors of the marketplace, so as to ensure a basic level of mobility for all persons in the
metropolitan area. The purposes of the programs established by this section are to better target
transit services and expenditures on transit dependent sectors of the market and to increase the
efficiency and effectiveness and control the cost of transit services for persons who lack private
means of transportation.
    Subd. 2. Administration. The council shall design and administer the programs under this
section. The council may request proposals for projects to demonstrate methods of achieving
the purposes of programs administered under this section. The council shall design or ensure
the design of programs that will provide better access for the targeted service groups to places
of employment and activity throughout the metropolitan area, using regular route transit,
paratransit, taxis, car or van pools, or other means of conveyance. The council may organize the
services by providing to individuals, directly or indirectly, reduced fares or passes on public
transit or vouchers to be used to purchase transportation; by contracting with public and private
providers; by arrangements with government agencies, civic and community organizations or
nonprofit groups providing assistance to the targeted service groups; by arrangements with
prospective employers, with employment, education, retail, medical, or other activity centers,
or with local governments; or by any other methods designed to improve service and reduce
costs to the targeted service groups.
    Subd. 3. Jobseekers. The council shall establish a program and policies to increase the
availability and utility of public transit services and reduce transportation costs for persons who
are seeking employment and who lack private means of transportation.
    Subd. 4. Transit disadvantaged. The council shall establish a program and policies to
reduce transportation costs for persons who are, because of limited incomes, age, disability, or
other reasons, especially dependent on public transit for common mobility.
History: 1Sp1985 c 10 s 101; 1994 c 628 art 3 s 84-86

473.3875 TRANSIT FOR LIVABLE COMMUNITIES.
The council shall establish a transit for livable communities demonstration program fund.
The council shall adopt guidelines for selecting and evaluating demonstration projects for funding.
The selection guidelines must include provisions evaluating projects:
(1) interrelating development or redevelopment and transit;
(2) interrelating affordable housing and employment growth areas;
(3) helping intensify land use that leads to more compact development or redevelopment;
(4) coordinating school transportation and public transit service;
(5) implementing recommendations of the transit redesign plan; or
(6) otherwise promoting the goals of the Metropolitan Livable Communities Act.
History: 1996 c 464 art 2 s 3

473.388 REPLACEMENT SERVICE PROGRAM.
    Subdivision 1. Program established. A replacement service program is established to
continue the metropolitan transit service demonstration program established in Minnesota Statutes
1982, section 174.265, as provided in this section.
    Subd. 2. Replacement service; eligibility. The council may provide assistance under the
program to a statutory or home rule charter city or town or combination thereof, that:
(a) is located in the metropolitan transit taxing district;
(b) is not served by the council bus service or is served only with council bus routes which
begin or end within the applying city or town or combination thereof; and
(c) has fewer than four scheduled runs of council bus service during off-peak hours defined
in section 473.408, subdivision 1.
Eligible cities or towns or combinations thereof may apply on behalf of a transit operator
with whom they propose to contract for service.
The council may not provide assistance under this section to a statutory or home rule charter
city or town unless the city or town,
(i) was receiving assistance under Minnesota Statutes 1982, section 174.265 by July 1, 1984,
(ii) had submitted an application for assistance under that section by July 1, 1984, or
(iii) had submitted a letter of intent to apply for assistance under that section by July 1,
1984, and submits an application for assistance under this section by July 1, 1988. A statutory
or home rule charter city or town has an additional 12-month extension if it notified the former
regional transit board before July 1, 1988, that the city or town is in the process of completing
a transportation evaluation study that includes an assessment of the local transit needs of the
city or town.
    Subd. 3. Application for assistance. An application for assistance under this section must:
(a) describe the existing service provided to the applicant by the council, including the
estimated number of passengers carried and the routes, schedules, and fares;
(b) describe the transit service proposed for funding under the demonstration program,
including the anticipated number of passengers and the routes, schedules, and fares; and
(c) indicate the total amount of available local transit funds, the portion of the available local
transit funds proposed to be used to subsidize replacement services, and the amount of assistance
requested for the replacement services.
    Subd. 4. Financial assistance. (a) The council must grant the requested financial assistance
if it determines that the proposed service is intended to replace the service to the applying city or
town or combination thereof by the council and that the proposed service will meet the needs of
the applicant at least as efficiently and effectively as the existing service.
    (b) The amount of assistance which the council must provide to a system under this section
may not be less than the sum of the amounts determined for each municipality comprising the
system as follows:
    (1) the transit operating assistance grants received under this subdivision by the municipality
in calendar year 2001 or the tax revenues for transit services levied by the municipality for
taxes payable in 2001, including that portion of the levy derived from the areawide pool under
section 473F.08, subdivision 3, clause (a), plus the portion of the municipality's aid under section
273.1398, subdivision 2, attributable to the transit levy; times
    (2) the ratio of (i) an amount equal to 3.74 percent of the state revenues generated from the
taxes imposed under chapter 297B for the current fiscal year to (ii) the total transit operating
assistance grants received under this subdivision in calendar year 2001 or the tax revenues for
transit services levied by all replacement service municipalities under this section for taxes
payable in 2001, including that portion of the levy derived from the areawide pool under section
473F.08, subdivision 3, clause (a), plus the portion of homestead and agricultural credit aid under
section 273.1398, subdivision 2, attributable to nondebt transit levies, times
    (3) the ratio of (i) the municipality's total taxable market value for taxes payable in 2006
divided by the municipality's total taxable market value for taxes payable in 2001, to (ii) the
total taxable market value of all property located in replacement service municipalities for taxes
payable in 2006 divided by the total taxable market value of all property located in replacement
service municipalities for taxes payable in 2001.
    (c) The council shall pay the amount to be provided to the recipient from the funds the
council receives in the metropolitan area transit account under section 16A.88.
    Subd. 5. Other assistance. A city or town receiving assistance or levying a transit tax under
this section may also receive assistance from the council under section 473.384. In applying for
assistance under that section an applicant must describe the portion of its available local transit
funds or local transit taxes which are not obligated to subsidize its replacement transit service
and which the applicant proposes to use to subsidize additional service. An applicant which has
exhausted its available local transit funds or local transit taxes may use any other local subsidy
funds to complete the required local share.
    Subd. 6.[Repealed, 1994 c 628 art 3 s 209]
    Subd. 7. Local levy option. (a) A statutory or home rule charter city or town that is
eligible for assistance under this section may levy a tax for payment of obligations issued by the
municipality for capital expenditures for transit and other related activities, provided that property
taxes were pledged to satisfy the obligations, and provided that legislative appropriations are
insufficient to satisfy the obligations.
(b) This subdivision is consistent with the transit redesign plan. Eligible municipalities
opting to operate under this subdivision shall continue to meet the regional performance standards
established by the council.
(c) Within the designated Americans with Disabilities Act area, metro mobility remains
the obligation of the state.
    Subd. 8. Service incentive. A replacement transit service shall receive an additional two
percent of available local transit funds, as defined in subdivision 4, if the service increased its
ridership for trips that originate outside of the replacement transit service's member communities
and serve the employment centers in those communities by at least five percent from the previous
year, provided the service operates within regional performance standards. A replacement transit
service that is receiving the maximum amount of available local transit funds may receive up to
two percent over the maximum amount set in subdivision 4 if it increases its ridership as provided
in this subdivision. The additional funding received under this subdivision may be reserved by
the replacement transit service for future use.
History: 1984 c 654 art 3 s 123; 1986 c 444; 1987 c 278 s 16; 1992 c 511 art 2 s 36; 1994 c
628 art 3 s 87-90; 1995 c 236 s 13; 1996 c 455 art 5 s 3,4; 1996 c 464 art 2 s 4; 1997 c 31 art 3 s
17; 1Sp2001 c 5 art 3 s 70,71; 2007 c 143 art 2 s 6

473.39 BORROWING MONEY.
    Subdivision 1. General authority. The council may issue general obligation bonds subject
to the volume limitations in this section to provide funds to implement the council's transit capital
improvement program and may issue general obligation bonds not subject to the limitations for
the refunding of outstanding bonds or certificates of indebtedness of the council, the former
regional transit board or the former metropolitan transit commission, and judgments against the
former regional transit board or the former metropolitan transit commission or the council. The
council may not issue obligations pursuant to this subdivision, other than refunding bonds, in
excess of the amount specifically authorized by law. Except as otherwise provided in sections
473.371 to 473.449, the council shall provide for the issuance, sale, and security of the bonds in
the manner provided in chapter 475, and has the same powers and duties as a municipality issuing
bonds under that law, except that no election is required and the net debt limitations in chapter
475 do not apply to the bonds. The obligations are not a debt of the state or any municipality or
political subdivision within the meaning of any debt limitation or requirement pertaining to those
entities. Neither the state, nor any municipality or political subdivision except the council, nor
any member or officer or employee of the council, is liable on the obligations. The obligations
may be secured by taxes levied without limitation of rate or amount upon all taxable property in
the transit taxing district and transit area as provided in section 473.446, subdivision 1, clause
(c). As part of its levy made under section 473.446, subdivision 1, clause (c), the council shall
levy the amounts necessary to provide full and timely payment of the obligations and transfer the
proceeds to the appropriate council account for payment of the obligations. The taxes must be
levied, certified, and collected in accordance with the terms and conditions of the indebtedness.
    Subd. 1a. Obligations. (a) After August 1, 1989, the council may issue certificates of
indebtedness, bonds, or other obligations under this section in an amount not exceeding
$30,700,000 for transit financial assistance, as prescribed in the council's capital improvement
program.
(b) As a condition of the use of transit financial assistance under this section, the council
must make the transit facilities it constructs, acquires, or improves for I-394 with funds provided
under this section available to all transit providers on a nondiscriminatory basis, as the council
defines these terms.
(c) The limitation contained in this subdivision does not apply to refunding bonds issued
by the council.
    Subd. 1b. Obligations. The council may also issue certificates of indebtedness, bonds,
or other obligations under this section in an amount not exceeding $62,000,000, of which
$44,000,000 may be used for council transit and paratransit fleet replacement, transit and
paratransit facilities, and transit and paratransit capital equipment, and $18,000,000 may be used
for transit hubs, park-and-ride lots, community-based transit vehicles and replacement service
program vehicles, intelligent vehicle highway systems projects, and other capital expenditures
as prescribed in the council's transit capital improvement program, and related costs including
the cost of issuance and sale of the obligations. For the purposes of this subdivision, uniforms
are not capital expenditures.
    Subd. 1c. Obligations; 1996-1998. In addition to the authority in subdivisions 1a and 1b, the
council may issue certificates of indebtedness, bonds, or other obligations under this section in an
amount not exceeding $20,500,000 which may be used for capital expenditures as prescribed in
the council's transit capital improvement program and for related costs, including the costs of
issuance and sale of the obligations.
    Subd. 1d. Obligations; 1998-2000. In addition to the authority in subdivisions 1a, 1b, and
1c, the council may issue certificates of indebtedness, bonds, or other obligations under this
section in an amount not exceeding $30,000,000, which may be used for capital expenditures as
prescribed in the council's transit capital improvement program and for related costs, including
the costs of issuance and sale of the obligations.
    Subd. 1e. Obligations. In addition to the authority in subdivisions 1a, 1b, 1c, and 1d, the
council may issue certificates of indebtedness, bonds, or other obligations under this section in an
amount not exceeding $32,500,000, which may be used for capital expenditures as prescribed in
the council's transit capital improvement program and for related costs, including the costs of
issuance and sale of the obligations.
The Metropolitan Council, the city of St. Paul, and the Minnesota Department of
Transportation shall jointly assess the feasibility of locating a bus storage facility near Mississippi
and Cayuga Street and I-35E in St. Paul. If the metropolitan council determines feasibility, the
first priority for siting must be at that location.
    Subd. 1f.[Repealed, 2005 c 152 art 1 s 43]
    Subd. 1g. Obligations; 2000-2002. In addition to the authority in subdivisions 1a, 1b, 1c, 1d,
and 1e, the council may issue certificates of indebtedness, bonds, or other obligations under this
section in an amount not exceeding $55,400,000, which may be used for capital expenditures,
other than for construction, maintenance, or operation of light rail transit, as prescribed in the
council's transit capital improvement program and for related costs, including the costs of issuance
and sale of the obligations. The funds must be proportionally spent on capital improvement
projects as recommended by the regional transit capital evaluation committee.
    Subd. 1h. Obligations. After July 1, 2001, in addition to the authority in subdivisions 1a, 1b,
1c, 1d, 1e, and 1g, the council may issue certificates of indebtedness, bonds, or other obligations
under this section in an amount not exceeding $45,000,000 for capital expenditures as prescribed
in the council's regional transit master plan and transit capital improvement program and for
related costs, including the costs of issuance and sale of the obligations, but not for computer
software, or for construction, maintenance, or operation of light rail transit or commuter rail.
    Subd. 1i. Obligations. After July 1, 2002, in addition to the authority in subdivisions 1a,
1b, 1c, 1d, 1e, 1g, and 1h, the council may issue certificates of indebtedness, bonds, or other
obligations under this section in an amount not exceeding $54,000,000 for capital expenditures
as prescribed in the council's regional transit master plan and transit capital improvement
program and for related costs, including the costs of issuance and sale of the obligations, but not
for computer software, or for construction, maintenance, or operation of light rail transit or
commuter rail.
    Subd. 1j. Obligations. After July 1, 2003, in addition to the authority in subdivisions 1a,
1b, 1c, 1d, 1e, 1g, 1h, and 1i, the council may issue certificates of indebtedness, bonds, or other
obligations under this section in an amount not exceeding $45,000,000 for capital expenditures as
prescribed in the council's regional transit master plan and transit capital improvement program
and for related costs, including the costs of issuance and sale of the obligations.
    Subd. 1k. Obligations. After July 1, 2005, in addition to the authority in subdivisions 1a, 1b,
1c, 1d, 1e, 1g, 1h, 1i, and 1j, the council may issue certificates of indebtedness, bonds, or other
obligations under this section in an amount not exceeding $64,000,000 for capital expenditures as
prescribed in the council's regional transit master plan and transit capital improvement program
and for related costs, including the costs of issuance and sale of the obligations.
    Subd. 1l. Obligations. After July 1, 2006, in addition to the authority in subdivisions 1a, 1b,
1c, 1d, 1e, 1g, 1h, 1i, 1j, and 1k, the council may issue certificates of indebtedness, bonds, or other
obligations under this section in an amount not exceeding $32,800,000 for capital expenditures as
prescribed in the council's regional transit master plan and transit capital improvement program,
as adopted through May 1, 2006, and for related costs, including the costs of issuance and sale of
the obligations.
    Subd. 2. Legal investments. Certificates of indebtedness, bonds, or other obligations
issued by the council to which tax levies have been pledged pursuant to section 473.446, are
proper for investment of any funds by a bank, savings bank, savings association, credit union,
trust company, insurance company, or public or municipal corporation, and may be pledged
by any bank, savings bank, savings association, credit union, or trust company as security for
the deposit of public money.
    Subd. 2a. Uses of investment income. Interest or other investment earnings on the proceeds
of bonds issued under this section and on a debt service account for bonds issued under this
section must be used only to:
(1) pay capital expenditures and related expenses for which the obligations were authorized
by this section;
(2) to pay debt service on the obligations or to reduce the council's property tax levy imposed
to pay debt service on obligations issued under this section;
(3) pay rebate or yield reduction payments for the bonds to the United States;
(4) redeem or purchase the bonds; or
(5) make other payments with respect to the bonds that are necessary or desirable to comply
with federal tax rules applicable to the bonds or to comply with covenants made with respect to
the bonds.
    Subd. 3.[Repealed, 1Sp1985 c 10 s 123 subd 1]
    Subd. 4. Transit capital improvement program. The council may not issue obligations
pursuant to this section until the council adopts a three-year transit capital improvement program.
The program must include a capital investment component that sets forth a capital investment
strategy and estimates the fiscal and other effects of the strategy. The component must specify,
to the extent practicable, the capital improvements to be undertaken. For each improvement
specified, the program must describe: (1) need, function, objective, and relative priority; (2)
alternatives, including alternatives not involving capital expenditures; (3) ownership and
operating entity; (4) location and schedule of development; (5) environmental, social, and
economic effects; (6) cost; (7) manner of finance and revenue sources, including federal and state
funds, private funds, taxes, and user charges; and (8) fiscal effects, including an estimate of
annual operating costs and sources of revenue to pay the costs.
History: 1984 c 654 art 3 s 124; 1Sp1985 c 10 s 102-104; 1986 c 460 s 39,40; 1987 c 278 s
17,18; 1987 c 358 s 120; 1989 c 283 s 1; 1992 c 579 s 1; 1994 c 605 art 2 s 1; 1994 c 628 art
3 s 91-94; 1995 c 202 art 1 s 25; 1995 c 236 s 14; 1996 c 471 art 13 s 20,21; 1997 c 231 art
16 s 21; 1998 c 389 art 3 s 22; 1998 c 404 s 54; 1999 c 248 s 10; 2000 c 493 s 14; 2001 c
214 s 12; 2002 c 390 s 16; 2003 c 127 art 12 s 20; 1Sp2003 c 21 art 10 s 11; 2005 c 152 art
1 s 19,20; 2006 c 259 art 13 s 14

473.391 ROUTE PLANNING AND SCHEDULING.
    Subdivision 1. Contracts. The council may contract with other operators or local
governments for route planning and scheduling services in any configuration of new or
reconfiguration of existing transit services and routes, including route planning and scheduling
necessary for the test marketing program, the service bidding program, and the interstate highway
described generally as legislative routes Nos. 10 and 107 between I-494 and the Hawthorne
interchange in the city of Minneapolis, commonly known as I-394.
    Subd. 2. Route elimination; service reduction. The council shall, before making a
determination to eliminate or reduce service on existing transit routes, consider:
(1) the level of subsidy per passenger on each route;
(2) the availability and proximity of alternative transit routes; and
(3) the percentage of transit dependent riders, including youth, elderly, low-income, and
disabled riders currently using each route.
History: 1987 c 278 s 22; 1994 c 628 art 3 s 95; 1995 c 265 art 1 s 2; 1996 c 464 art 2 s 5

473.3915 [Repealed, 1Sp2001 c 5 art 3 s 96]

473.392 SERVICE BIDDING.
The council may competitively bid transit service only in accordance with standards,
procedures, and guidelines adopted by resolution of the council. The council shall establish
a project management team to assist and advise the council in developing and implementing
standards, procedures, and guidelines. The project management team must include representatives
of the Amalgamated Transit Union Local 1005, private operators, local governments, and other
persons interested in the subject. At least 60 days before adopting any standards, procedures, or
guidelines for competitive bidding of transit service, the council shall hold a public hearing on
the subject. The council shall publish notice of the hearing in newspapers of general circulation
in the metropolitan area not less than 15 days before the hearing. At the hearing all interested
persons must be afforded an opportunity to present their views orally and in writing. Following
the hearing, and after considering the testimony, the council shall revise and adopt the standards,
procedures, and guidelines.
History: 1987 c 278 s 23; 1994 c 628 art 3 s 96

473.393 [Repealed, 1988 c 675 s 24]

473.394 [Repealed, 1995 c 236 s 21]

473.398 [Repealed, 1989 c 339 s 24]

473.399 LIGHT RAIL TRANSIT AND COMMUTER RAIL PLANNING.
    Subdivision 1. General requirements. (a) The council shall adopt a plan to ensure that light
rail transit facilities in the metropolitan area will be acquired, developed, owned, and capable
of operation in an efficient, cost-effective, and coordinated manner in coordination with buses
and other transportation modes and facilities. The plan may be developed and adopted in phases
corresponding to phasing of construction of light rail. The council may incorporate into its plan
appropriate elements of the plans of regional railroad authorities in order to avoid duplication
of effort.
(b) The light rail transit plan or first phase of the plan required by this section must be
adopted by the council before the commissioner of transportation may begin construction of light
rail transit facilities. Following adoption of the plan, the commissioner of transportation shall act
in conformity with the plan. The commissioner shall prepare or amend the final design plans as
necessary to make the plans consistent with the light rail transit plan.
(c) Throughout the development and implementation of the plan, the council shall contract
for or otherwise obtain engineering services to assure that the plan adequately addresses the
technical aspects of light rail transit.
    Subd. 1a. Integrated transportation system. The commissioner of transportation and
the Metropolitan Council shall ensure that the light rail transit and commuter rail facilities are
planned, designed, and implemented: (1) to move commuters and transit users into and out of, as
well as within, the metropolitan area, and (2) to ensure that rail transit lines will interface with
each other and other transportation facilities and services so as to provide a unified, integrated,
and efficient multimodal transportation system.
    Subd. 2.[Repealed, 1993 c 353 s 20]
    Subd. 3.[Repealed, 1993 c 353 s 20]
    Subd. 4. Expenditure of state funds. No state funds may be expended by the Metropolitan
Council to study light rail transit or commuter rail unless the funds are appropriated in legislation
that identifies route, including the origin and destination.
History: 1989 c 339 s 12; 1993 c 353 s 5; 1994 c 628 art 3 s 98; 1998 c 404 s 55,56; 1999
c 230 s 38; 1Sp2001 c 8 art 2 s 71

473.3991 [Repealed, 1993 c 353 s 20]

473.3993 LIGHT RAIL TRANSIT FACILITY PLANS; DEFINITIONS.
    Subdivision 1. Application. The definitions in this section apply to section 473.3994.
    Subd. 2. Preliminary design plan. "Preliminary design plan" means a light rail transit
plan that identifies:
(1) preliminary plans for the physical design of facilities, including location, length, and
termini of routes; general dimension, elevation, alignment, and character of routes and crossings;
whether the track is elevated, on the surface, or below ground; approximate station locations;
and related park and ride, parking, and other transportation facilities; and a plan for disability
access; and
(2) preliminary plans for intermodal coordination with bus operations and routes; ridership;
capital costs; operating costs and revenues, and sources of funds for operating subsidies; funding
for final design, construction, and operation; and an implementation method.
The preliminary design plan includes the preliminary or draft environmental impact
statement for the light rail transit facilities proposed.
    Subd. 2a. Preliminary engineering plan. "Preliminary engineering plan" means a light rail
transit plan that includes the items in the preliminary design plan for the facilities proposed
for construction, but with greater detail and specificity to satisfy final environmental impact
statement requirements.
    Subd. 3. Final design plan. "Final design plan" means a light rail transit plan that includes
the items in the preliminary design plan and the preliminary engineering plan for the facilities
proposed but with greater detail and specificity needed for construction. The final design plan
must include, at a minimum:
(1) final plans for the physical design of facilities, including the right-of-way definition;
environmental impacts and mitigation measures; intermodal coordination with bus operations and
routes; and civil engineering plans for vehicles, track, stations, parking, and access, including
disability access; and
(2) final plans for civil engineering for electrification, communication, and other similar
facilities; operational rules, procedures, and strategies; capital costs; ridership; operating costs and
revenues, and sources of funds for operating subsidies; financing for construction and operation;
an implementation method; and other similar matters.
The final design plan must be stated with sufficient particularity and detail to allow the
proposer to begin the acquisition and construction of operable facilities. If a design-build
implementation method is proposed, instead of civil engineering plans the final design plan must
state detailed design criteria and performance standards for the facilities.
The commissioner of transportation may use a design-build method of project development
and construction for light rail transit. Notwithstanding any law to the contrary, the commissioner
may award a design-build contract on the basis of requests for proposals or requests for
qualifications without bids. "Design-build method of project development and construction"
means a project delivery system in which a single contractor is responsible for both the design
and construction of the project and bids the design and construction together.
History: 1989 c 339 s 14; 1993 c 353 s 6; 1995 c 186 s 85; 1999 c 230 s 39; 2005 c 56 s 1

473.3994 LIGHT RAIL TRANSIT; DESIGN PLANS.
    Subdivision 1.[Repealed, 1989 c 339 s 24]
    Subd. 2. Preliminary design plans; public hearing. Before final design plans are prepared
for a light rail transit facility, the commissioner of transportation and the regional railroad
authority or authorities in whose jurisdiction the line or lines are located must hold a public
hearing on the physical design component of the preliminary design plans. The commissioner of
transportation and the regional railroad authority or authorities in whose jurisdiction the line or
lines are located must provide appropriate public notice of the hearing and publicity to ensure that
affected parties have an opportunity to present their views at the hearing. The commissioner shall
summarize the proceedings and testimony and maintain the record of a hearing held under this
section, including any written statements submitted.
    Subd. 3. Preliminary design plans; local approval. At least 30 days before the hearing
under subdivision 2, the commissioner of transportation shall submit the physical design
component of the preliminary design plans to the governing body of each statutory and home rule
charter city, county, and town in which the route is proposed to be located. The city, county, or
town shall hold a public hearing. Within 45 days after the hearing under subdivision 2, the city,
county, or town shall review and approve or disapprove the plans for the route to be located in
the city, county, or town. A local unit of government that disapproves the plans shall describe
specific amendments to the plans that, if adopted, would cause the local unit to withdraw its
disapproval. Failure to approve or disapprove the plans in writing within 45 days after the hearing
is deemed to be approval, unless an extension of time is agreed to by the city, county, or town and
the commissioner of transportation.
    Subd. 4. Preliminary design plans; council referral. If the governing body of one or more
cities, counties, or towns disapproves the preliminary design plans within the period allowed
under subdivision 3, the commissioner of transportation may refer the plans, along with any
comments of local jurisdictions, to the Metropolitan Council. The council shall hold a hearing on
the plans, giving the commissioner of transportation, any disapproving local governmental units,
and other persons an opportunity to present their views on the plans. The council may conduct
independent study as it deems desirable and may mediate and attempt to resolve disagreements
about the plans. Within 90 days after the referral, the council shall review the plans submitted
by the commissioner of transportation and the council shall decide what amendments to the
plans, if any, must be made to accommodate the objections presented by the disapproving local
governmental units. The commissioner shall make the amendments to the plans before continuing
the planning and designing process.
    Subd. 5. Final design plans. (a) If the final design plans incorporate a substantial change
from the preliminary design plans with respect to location, length, or termini of routes; general
dimension, elevation, or alignment of routes and crossings; location of tracks above ground, below
ground, or at ground level; or station locations, before beginning construction, the commissioner
shall submit the changed component of final design plans to the governing body of each statutory
and home rule city, county, and town in which the changed component is proposed to be located.
Within 60 days after the submission of the plans, the city, county, or town shall review and
approve or disapprove the changed component located in the city, county, or town. A local unit of
government that disapproves the change shall describe specific amendments to the plans that, if
adopted, would cause the local unit to withdraw its disapproval. Failure to approve or disapprove
the changed plans in writing within the time period is deemed to be approval, unless an extension
is agreed to by the city, county, or town and the commissioner.
(b) If the governing body of one or more cities, counties, or towns disapproves the changed
plans within the period allowed under paragraph (a), the commissioner may refer the plans,
along with any comments of local jurisdictions, to the Metropolitan Council. The council shall
review the final design plans under the same procedure and with the same effect as provided in
subdivision 4 for preliminary design plans.
    Subd. 6.[Repealed, 1993 c 353 s 20]
    Subd. 7. Council review. Before proceeding with construction of a light rail transit facility,
the commissioner must submit preliminary and final design plans to the Metropolitan Council.
The council must review the plans for consistency with the council's development guide and
approve the plans.
    Subd. 8. Metropolitan significance. This section does not diminish or replace the authority
of the council under section 473.173.
    Subd. 9. Light rail transit operating costs. (a) Before submitting an application for federal
assistance for light rail transit facilities in the metropolitan area, the applicant must provide to
the Metropolitan Council estimates of the amount of operating subsidy which will be required
to operate light rail transit in the corridor to which the federal assistance would be applied. The
information provided to the council must indicate the amount of operating subsidy estimated to be
required in each of the first ten years of operation of the light rail transit facility.
(b) The council must review and evaluate the information provided under paragraph (a) with
regard to the effect of operating the light rail transit facility on the currently available mechanisms
for financing transit in the metropolitan area.
    Subd. 10. Corridor Management Committee. A Corridor Management Committee shall
be established to advise the commissioner of transportation in the design and construction of
light rail transit in each corridor to be constructed. The Corridor Management Committee shall
consist of the following members:
(1) one member appointed by each city and county in which the corridor is located;
(2) the commissioner of transportation or a designee of the commissioner;
(3) two members appointed by the Metropolitan Council, one of whom shall be designated
as the chair of the committee;
(4) one member appointed by the Metropolitan Airports Commission, if the designated
corridor provides direct service to the Minneapolis-St. Paul International Airport; and
(5) one member appointed by the president of the University of Minnesota, if the designated
corridor provides direct service to the university.
The Corridor Management Committee shall advise the commissioner of transportation on
issues relating to the alternatives analysis, environmental review, preliminary design, preliminary
engineering, final design, implementation method, and construction of light rail transit.
    Subd. 11.[Repealed, 1998 c 404 s 84]
    Subd. 12.[Repealed, 1999 c 230 s 46]
    Subd. 13. Dispute resolution. In the event of a dispute between any of the parties arising
from the parties' respective authority and responsibility under this section, the dispute shall
be submitted to the Metropolitan Council for final resolution by any party to the dispute. The
Metropolitan Council shall establish by July 1, 1993, a process to ensure a prompt and speedy
resolution of the dispute. This process shall allow the parties to provide evidence and testimony in
support of their positions.
History: 1987 c 405 s 2; 1989 c 339 s 3-6; 1991 c 291 art 4 s 9; 1993 c 353 s 7-15; 1994 c
628 art 3 s 99; 1997 c 7 art 2 s 59; 1998 c 404 s 57-59; 1999 c 230 s 40-42; 2000 c 260 s 68

473.3996 [Repealed, 1994 c 628 art 3 s 209]

473.3997 FEDERAL FUNDING; LIGHT RAIL TRANSIT.
(a) Upon completion of the alternatives analysis and draft environmental impact statement for
the central corridor transit improvement project, the council, the commissioner of transportation,
and the affected regional rail authorities may prepare a joint application for federal assistance
for light rail transit facilities in the metropolitan area. The application must be reviewed and
approved by the Metropolitan Council before it is submitted by the council and the commissioner.
In reviewing the application the council must consider the information submitted to it under
section 473.3994, subdivision 9.
(b) Until the application described in paragraph (a) is submitted, no political subdivision in
the metropolitan area may on its own apply for federal assistance for light rail transit planning
or construction.
History: 1991 c 298 art 7 s 7; 1993 c 353 s 17; 1994 c 628 art 3 s 100

473.3998 [Repealed, 1999 c 230 s 46; 1999 c 238 art 2 s 92]

473.401 [Repealed, 1984 c 654 art 3 s 153]

473.402 [Repealed, 1984 c 654 art 3 s 153]

473.403 [Repealed, 1984 c 654 art 3 s 153]

473.404 [Repealed, 1994 c 628 art 3 s 209]

473.405 POWERS.
    Subdivision 1. General. The Metropolitan Council has the powers and duties prescribed
by this section and sections 473.407 to 473.449 and all powers necessary or convenient to
discharge its duties.
    Subd. 2.[Repealed, 1994 c 628 art 3 s 209]
    Subd. 3. Condemnation. The council may for transit purposes acquire property, franchises,
easements, or property rights or interests of any kind by condemnation proceedings pursuant to
chapter 117. Except as provided in subdivision 9, the council may take possession of any property
for which condemnation proceedings have been commenced at any time after the filing of the
petition describing the property in the proceedings. The council may contract with an operator or
other persons for the use by the operator or person of any property under the council's control.
    Subd. 4. Transit systems. The council may engineer, construct, equip, and operate transit
and paratransit systems, projects, or any parts thereof, including road lanes or rights-of-way,
terminal facilities, maintenance and garage facilities, ramps, parking areas, and any other facilities
useful for or related to any public transit or paratransit system or project. The council may sell
or lease naming rights with regard to light rail transit stations and apply revenues from sales
or leases to light rail transit operating costs.
    Subd. 5. Acquisition of transit systems. The council may acquire by purchase, lease, gift, or
condemnation proceedings any existing public transit system or any part thereof, including all
or any part of the plant, equipment, shares of stock, property, real, personal, or mixed, rights in
property, reserve funds, special funds, franchises, licenses, patents, permits and papers, documents
and records belonging to any operator of a public transit system within the metropolitan area,
and may in connection therewith assume any or all liabilities of any operator of a public transit
system. The council may take control of and operate a system immediately following the filing
and approval of the initial petition for condemnation, if the council, in its discretion, determines
this to be necessary, and may take possession of all right, title and other powers of ownership
in all properties and facilities described in the petition. Control must be taken by resolution
which is effective upon service of a copy on the condemnee and the filing of the resolution in the
condemnation action. In the determination of the fair value of the existing public transit system,
there must not be included any value attributable to expenditures for improvements made by the
former Metropolitan Transit Commission or council.
The council may continue or terminate within three months of acquisition any advertising
contract in existence by and between any advertiser and a transit system that the council has
acquired. If the council determines to terminate the advertising contract, it shall acquire all of the
advertiser's rights under the contract by purchase or eminent domain proceedings as provided
by law.
    Subd. 6.[Repealed, 1994 c 628 art 3 s 209]
    Subd. 7.[Repealed, 1994 c 628 art 3 s 209]
    Subd. 8.[Repealed, 1994 c 628 art 3 s 209]
    Subd. 9. Condemnation of public or public service corporation property. The fact that
property is owned by or is in charge of a public agency or a public service corporation organized
for a purpose specified in section 301B.01, or is already devoted to a public use or to use by
the corporation or was acquired therefor by condemnation may not prevent its acquisition by
the council by condemnation, but if the property is in actual public use or in actual use by the
corporation for any purpose of interest or benefit to the public, the taking by the council by
condemnation may not be authorized unless the court finds and determines that there is greater
public necessity for the proposed use by the council than for the existing use.
    Subd. 10. Voluntary transfer of public property. Any state department or other agency of
the state government or any county, municipality, or other public agency may sell, lease, grant,
transfer, or convey to the council, with or without consideration, any facilities or any part or parts
thereof or any real or personal property or interest therein which may be useful to the council for
any authorized purpose. In any case where the construction of a facility has not been completed,
the public agency concerned may also transfer, sell, assign, and set over to the council, with or
without consideration, any existing contract for the construction of the facilities.
    Subd. 11.[Repealed, 1994 c 628 art 3 s 209]
    Subd. 12. Management contracts. Notwithstanding any of the other provisions of this
section and sections 473.407 to 473.449, the council may, in lieu of directly operating any public
transit system or any part thereof, enter into contracts for management services. The contracts may
provide for compensation, incentive fees, the employment of personnel, the services provided,
and other terms and conditions that the council deems proper. The contracts must provide that the
compensation of personnel who work full time or substantially full time providing management
or other services for the council is public data under chapter 13.
The council may not permit a contract manager to supervise or manage internal audit
activities. Internal audit activity must be supervised and managed directly by the council. The
council shall advertise for bids and select contracts for management services through competitive
bidding. The term of the contract may not be longer than two years. The contract must include
clear operating objectives, stating the service policies and goals of the council in terms of the
movement of various passenger groups, and performance criteria, by means of which success in
achieving the operating objectives can be measured. The council shall consider and determine the
feasibility and desirability of having all its transit management services provided internally by
employees of the council.
The employees of any public transit system operated pursuant to the provisions of this
subdivision for the purpose of resolving any dispute arising under any existing or new collective
bargaining agreement relating to the terms or conditions of their employment, may either engage in
a concerted refusal to work or to invoke the processes of final and binding arbitration as provided
by chapter 572, subject to any applicable provisions of the agreement not inconsistent with law.
    Subd. 13.[Repealed, 1994 c 628 art 3 s 209]
    Subd. 14.[Repealed, 1994 c 628 art 3 s 209]
    Subd. 15. Relocation of displaced persons. The council may plan for and assist in the
relocation of individuals, families, business concerns, nonprofit organizations, and others
displaced by operations of the council, and may make relocation payments in accordance with
federal regulations.
History: 1975 c 13 s 56; 1977 c 454 s 34,35; 1982 c 424 s 130; 1984 c 654 art 3 s 127;
1Sp1985 c 10 s 107; 1987 c 370 art 2 s 17; 1987 c 384 art 2 s 1; 1990 c 571 s 43; 1994 c 628 art
3 s 101-108; 1995 c 186 s 86,87; 2000 c 479 art 1 s 24; 2005 c 69 art 1 s 21

473.4051 LIGHT RAIL TRANSIT OPERATION.
The council shall operate light rail transit facilities and services upon completion of
construction of the facilities and the commencement of revenue service using the facilities. The
commissioner of transportation and the council may not allow the commencement of revenue
service until after an appropriate period of acceptance testing to ensure satisfactory performance.
In assuming the operation of the system, the council must comply with section 473.415. The
council shall coordinate operation of the light rail transit system with bus service to avoid
duplication of service on a route served by light rail transit and to ensure the widest possible
access to light rail transit lines in both suburban and urban areas by means of a feeder bus system.
History: 1988 c 684 art 2 s 6; 1989 c 339 s 19; 1993 c 353 s 19; 1994 c 628 art 3 s 109

473.4055 REGULATION OF LIGHT RAIL TRANSIT WARNING SIGNALS.
A statutory or home rule charter city or town may by ordinance regulate within its
jurisdiction the sounding of horns, whistles, or other audible warnings by light rail transit vehicles.
All regulations and ordinances adopted under this section must conform to federal law.
History: 2004 c 245 s 2

473.406 [Repealed, 1989 c 352 s 25; 1990 c 541 s 29]

473.407 METROPOLITAN TRANSIT POLICE.
    Subdivision 1. Authorization. The council may appoint peace officers, as defined in section
626.84, subdivision 1, paragraph (c), and establish a law enforcement agency, as defined in
section 626.84, subdivision 1, paragraph (f), known as the Metropolitan Transit Police, to police
its transit property and routes, to carry out investigations, and to make arrests under sections
629.30 and 629.34. The jurisdiction of the law enforcement agency is limited to offenses relating
to council transit property, equipment, employees, and passengers.
    Subd. 2. Arrests and subsequent investigations. The initial processing of a person
arrested by the transit police for an offense within the agency's jurisdiction is the responsibility
of the transit police unless otherwise directed by the law enforcement agency with primary
jurisdiction. A subsequent investigation is the responsibility of the law enforcement agency of the
jurisdiction in which the crime was committed unless the law enforcement agency authorizes the
transit police to assume the subsequent investigation. At the request of the primary jurisdiction,
the transit police may assist in a subsequent investigation being carried out by the primary
jurisdiction. Persons arrested for violations which the transit police determine are not within
the agency's jurisdiction must be referred to the appropriate local law enforcement agency for
further investigation or disposition.
    Subd. 3. Policy for notice of investigations. The transit police must develop a policy for
notifying the law enforcement agency with primary jurisdiction when it has initiated surveillance
or investigation of any person within the jurisdiction of that agency. The council shall train all of
its peace officers regarding the application of this policy.
    Subd. 4. Chief law enforcement officer. The regional administrator shall appoint a peace
officer employed full time to be the chief law enforcement officer and to be responsible for the
management of the metropolitan transit police. The chief law enforcement officer shall possess
the necessary police and management experience to manage a law enforcement agency. The chief
law enforcement officer may appoint, discipline, and discharge all transit police personnel. All
police managerial and supervisory personnel must be full-time employees of the Metropolitan
Transit Police. Supervisory personnel must be on duty and available any time transit police are on
duty. The chief law enforcement officer may not hire part-time peace officers as defined in section
626.84, subdivision 1, paragraph (d), except that the chief may appoint peace officers to work on a
part-time basis not to exceed 30 full-time equivalents. A part-time officer must maintain an active
peace officer license with the officer's full-time law enforcement employer.
    Subd. 4a. Exception. Subdivision 4 does not apply to part-time officers employed by the
Metropolitan Council Transit Police prior to January 1, 1998, who were full-time employees
of another police department upon the date the officer was hired by the Metropolitan Council
Transit Police and who subsequently voluntarily separated from the full-time position before
January 1, 1998.
    Subd. 5. Emergencies. (a) The council shall ensure that all emergency vehicles used by
transit police are equipped with radios capable of receiving and transmitting on the same
frequencies utilized by the law enforcement agencies that have primary jurisdiction.
(b) When the transit police receive an emergency call they shall notify the public safety
agency with primary jurisdiction and coordinate the appropriate response.
(c) Transit police officers shall notify the primary jurisdictions of their response to any
emergency.
    Subd. 6. Compliance. Except as otherwise provided in this section, the transit police shall
comply with all statutes and administrative rules relating to the operation and management of
a law enforcement agency.
History: 1993 c 326 art 7 s 11; 1994 c 628 art 3 s 110-115; 1997 c 149 s 2,3; 2002 c 291
s 1-3,7; 2002 c 400 s 5; 2005 c 10 art 2 s 4

473.408 FARE POLICY.
    Subdivision 1.[Repealed, 1Sp2005 c 6 art 3 s 108]
    Subd. 2. Fare policy. (a) Fares and fare collection systems shall be established and
administered to accomplish the following purposes:
(1) to encourage and increase transit and paratransit ridership with an emphasis on regular
ridership;
(2) to restrain increases in the average operating subsidy per passenger;
(3) to ensure that no riders on any route pay more in fares than the average cost of providing
the service on that route;
(4) to ensure that operating revenues are proportioned to the cost of providing the service so
as to reduce any disparity in the subsidy per passenger on routes in the transit system; and
(5) to implement the social fares as set forth in subdivision 2b.
(b) The plan must contain a statement of the policies that will govern the imposition of
user charges for various types of transit service and the policies that will govern decisions by
the council to change fare policy.
    Subd. 2a. Regular route fares. The council shall establish and enforce uniform fare policies
for regular route transit in the metropolitan area. The policies must be consistent with the
requirements of this section and the council's transportation policy plan. The council and other
operators shall charge a base fare and any surcharges for peak hours and distance of service in
accordance with the council's fares policies. The council shall approve all fare schedules.
    Subd. 2b. Social fares. For the purposes of raising revenue for improving public safety on
transit vehicles and at transit hubs or stops, the council shall review and may adjust its social
fares as they relate to passengers under the age of 18 during high crime times provided that the
increased revenues are dedicated to improving the safety of all passengers.
    Subd. 3.[Repealed, 1Sp1985 c 10 s 123 subd 1]
    Subd. 3a.[Repealed, 1Sp1985 c 10 s 123 subd 1]
    Subd. 3b.[Repealed, 1Sp1985 c 10 s 123 subd 1]
    Subd. 4. Circulation fares. The council and other operators may charge a reduced fare for
service on any route providing circulation service in a downtown area or community activity
center. The council and other operators shall not contribute more than 50 percent of the operating
deficit of any such route that is confined to a downtown area or community activity center. The
boundaries of service districts eligible for reduced fares under this subdivision must be approved
by the council.
    Subd. 5.[Repealed, 1Sp1985 c 10 s 123 subd 1]
    Subd. 6. Monthly passes. The council may offer monthly passes for regular route bus
service for sale to the general public.
    Subd. 7. Employee discount passes. The council may offer passes for regular route bus
service for sale to employers at a special discount.
History: 1977 c 454 s 36; Ex1979 c 1 s 48,49; 1980 c 614 s 152; 1981 c 363 s 51,52;
3Sp1981 c 2 art 1 s 70; 1983 c 27 s 1-3; 1983 c 293 s 104; 1Sp1985 c 10 s 108,109; 1994 c 628
art 3 s 116-121; 1995 c 260 s 7,8; 1997 c 159 art 2 s 49

473.409 AGREEMENTS WITH COUNCIL; ENCOURAGEMENT OF TRANSIT USE.
A state department or agency, including the legislative branch, any local governmental unit,
or a metropolitan agency may enter into an agreement with the council and other operators for the
purpose of encouraging the use of transit by its employees residing in the metropolitan area. The
agreement may provide for, among other things: (a) the advance purchase of tokens, tickets or
other devices from the council or other operator for use in lieu of fares on vehicles operated by the
council or other operator; and (b) special transit service for employees to and from their place of
employment, at fares to be agreed upon by the contracting parties. The tokens, tickets, or other
devices or services may be made available to employees at reduced rates. Any such agreement
and arrangement by a state department or agency shall be submitted to the commissioner of
administration for approval before execution. Any operating deficits or subsidy resulting from
such agreements shall be assumed by the contracting department, agency, governmental unit, or
other commission, unless otherwise provided in an agreement approved by the council.
History: 1977 c 454 s 37; 1984 c 654 art 3 s 128; 1986 c 460 s 41; 1994 c 628 art 3 s 122

473.411 TRANSIT AND HIGHWAY SYSTEMS.
    Subdivision 1.[Repealed, 1984 c 654 art 3 s 153]
    Subd. 2.[Repealed, 1977 c 454 s 49]
    Subd. 3. Services of Department of Transportation. The council may make use of
engineering and other technical and professional services, including regular staff and qualified
consultants, which the commissioner of transportation can furnish, upon fair and reasonable
reimbursement for the cost thereof; provided, that the council has final authority over the
employment of any services from other sources which it may deem necessary for such purposes.
The commissioner of transportation may furnish all engineering, legal, and other services, if so
requested by the council and upon fair and reasonable reimbursement for the cost thereof by
the council, for the purposes stated in this subdivision, including the acquisition by purchase,
condemnation, or otherwise in the name of the council of all lands, waters, easements, or other
rights or interests in lands or waters required by the council. No purchase of service agreements
may be made under this subdivision which are not included in the budget of the council.
    Subd. 4. State highways; joint use for transit and highway purposes. Wherever the joint
construction or use of a state highway is feasible in fulfilling the purposes of sections 473.405
to 473.449, the council shall enter into an agreement with the commissioner of transportation
therefor, evidenced by a memorandum setting forth the terms of the agreement. Either the council
or the commissioner of transportation may acquire any additional lands, waters, easements or
other rights or interests required for joint use in accordance with the agreement, or joint acquisition
may be made by condemnation as provided by section 117.016 and the provisions of sections
473.405 to 473.449. Under the agreement each party shall pay to the other party reasonable
compensation for the costs of any services performed at the request of the other party which may
include any costs of engineering, design, acquisition of property, construction of the facilities, and
for the use thereof so far as attributable to and necessary for the purposes. The council may not
agree to acquisitions or expenditures under this subdivision which are not included in its budget.
    Subd. 5. Use of public roadways and appurtenances. The council may use for the purposes
of sections 473.405 to 473.449 upon the conditions stated in this subdivision any state highway
or other public roadway, parkway, or lane, or any bridge or tunnel or other appurtenance of a
roadway, without payment of any compensation, provided the use does not interfere unreasonably
with the public use or maintenance of the roadway or appurtenance or entail any substantial
additional costs for maintenance. The provisions of this subdivision do not apply to the property
of any common carrier railroad or common carrier railroads. The consent of the public agency
in charge of such state highway or other public highway or roadway or appurtenance is not
required; except that if the council seeks to use a designated parkway for regular route service in
the city of Minneapolis, it must obtain permission from and is subject to reasonable limitations
imposed by a joint board consisting of two representatives from the council, two members of
the board of park commissioners, and a fifth member jointly selected by the representatives
of the council and the park board.
The board of park commissioners and the council may designate persons to sit on the joint
board. In considering a request by the council to use designated parkways for additional routes or
trips, the joint board consisting of the council or their designees, the board of park commissioners
or their designees, and the fifth member, shall base its decision to grant or deny the request based
on the criteria to be established by the joint board. The decision to grant or deny the request must
be made within 45 days of the date of the request. The park board must be notified immediately
by the council of any temporary route detours. If the park board objects to the temporary route
detours within five days of being notified, the joint board must convene and decide whether
to grant the request, otherwise the request is deemed granted. If the agency objects to the
proposed use or claims reimbursement from the council for additional cost of maintenance, it may
commence an action against the council in the district court of the county wherein the highway,
roadway, or appurtenance, or major portion thereof, is located. The proceedings in the action
must conform to the Rules of Civil Procedure applicable to the district courts. The court shall
sit without jury. If the court determines that the use in question interferes unreasonably with the
public use or maintenance of the roadway or appurtenance, it shall enjoin the use by the council.
If the court determines that the use in question does not interfere unreasonably with the public
use or maintenance of the roadway or appurtenance, but that it entails substantial additional
maintenance costs, the court shall award judgment to the agency for the amount of the additional
costs. Otherwise the court shall award judgment to the council. An aggrieved party may appeal
from the judgment of the district court in the same manner as is provided for such appeals in other
civil actions. The council may also use land within the right-of-way of any state highway or other
public roadway for the erection of traffic control devices, other signs, and passenger shelters upon
the conditions stated in this subdivision and subject only to the approval of the commissioner of
transportation where required by statute, and subject to the express provisions of other applicable
statutes and to federal requirements where necessary to qualify for federal aid.
History: 1975 c 13 s 57; 1976 c 166 s 7; 1977 c 454 s 38,39; Ex1979 c 1 s 50; 1981 c 356 s
240; 1981 c 363 s 53; 1984 c 654 art 3 s 129; 1987 c 384 art 2 s 1; 1993 c 154 s 1; 1994 c 628
art 3 s 123-125; 1995 c 186 s 119

473.413 [Repealed, 1984 c 654 art 3 s 153]

473.415 ACQUIRED SYSTEMS: COUNCIL OBLIGATION; WORKER RIGHTS.
    Subdivision 1. Includes no worse off clause. If the council acquires an existing transit
system, the council shall assume and observe all existing labor contracts and pension obligations.
All employees of such system except executive and administrative officers who are necessary for
the operation thereof by the council shall be transferred to and appointed as employees of the
council for the purposes of the transit system, subject to all the rights and benefits of sections
473.405 to 473.449. Such employees shall be given seniority credit and sick leave, vacation,
insurance, and pension credits in accordance with the records or labor agreements from the
acquired transit system. The council shall assume the obligations of any transit system acquired
by it with regard to wages, salaries, hours, working conditions, sick leave, health and welfare and
pension or retirement provisions for employees. The council and the employees, through their
representatives for collective bargaining purposes, shall take whatever action may be necessary
to have pension trust funds presently under the joint control of the acquired system and the
participating employees through their representatives transferred to the trust fund to be established,
maintained and administered jointly by the council and the participating employees through their
representatives. No employee of any acquired system who is transferred to a position with the
council shall by reason of such transfer be placed in any worse position with respect to workers'
compensation, pension, seniority, wages, sick leave, vacation, health and welfare insurance or any
other benefits than the employee enjoyed as an employee of such acquired system.
    Subd. 2. If acquired before Laws 1978, chapter 538. For any employees of the former
Metropolitan Transit Commission who were transferred to and appointed as employees of
the commission upon completion of acquisitions of transit systems which occurred prior to
the effective date of Laws 1978, chapter 538, the provisions of Laws 1978, chapter 538 shall
replace the provisions of subdivision 1 relating to the pension obligations which the commission
is required to assume, and the pension or retirement plan and pension trust funds which the
commission is required to establish, maintain and administer. Upon compliance with the
applicable provisions of Laws 1978, chapter 538, the commission shall not be deemed to have
placed any employee of the commission who was transferred to and appointed as an employee
of the commission upon completion of acquisitions of transit systems which occurred prior to
the effective date of Laws 1978, chapter 538, in any worse position with respect to pension and
related benefits than the employee of the commission enjoyed as an employee of the acquired
existing transit system.
    Subd. 3. If after chapter 538. For any employees of the former Metropolitan Transit
Commission who are transferred to and appointed as employees of the commission upon
completion of acquisitions of transit systems which occur subsequent to the effective date of Laws
1978, chapter 538, those employees shall be governed by the provisions of Laws 1978, chapter
538 unless the acquisition of the transit system which employed them immediately preceding the
acquisition included the acquisition of a pension trust fund under the joint control of the acquired
system and the participating employees through their representatives.
History: 1975 c 13 s 59; 1975 c 359 s 23; 1977 c 454 s 42; 1978 c 538 s 7; 1986 c 444;
1987 c 384 art 2 s 1; 1994 c 628 art 3 s 126-128; 1995 c 186 s 119

473.416 RIGHTS OF SYSTEM WORKERS IN TAKEOVER OF TRANSIT SYSTEM.
Whenever the council directly operates any public transit system, or any part thereof, or
enters into any management contract or other arrangement for the operation of a system, the
council shall take the action necessary to extend to employees of the affected public transit
systems, in accordance with seniority, the first opportunity for reasonably comparable employment
in any available nonsupervisory jobs in respect to such operations for which they can qualify after
a reasonable training period. The employment must not result in any worsening of the employee's
position in the employee's former employment nor any loss of wages, hours, working conditions,
seniority, fringe benefits, and rights and privileges pertaining thereto. The council may enter into
an agreement specifying fair and equitable arrangements to protect the interests of employees who
may be affected if the council should acquire any interest in or purchase any facilities or other
property of a privately owned and operated transit system, or construct, improve, or reconstruct
any facilities or other property acquired from any system, or provide by contract or otherwise
for the operation of transportation facilities or equipment in competition with, or supplementary
to, the service provided by an existing transit system. The agreement, specifying the terms and
conditions of the protective arrangements, must comply with any applicable requirements of this
chapter, and with the requirements of any federal law or regulation if federal aid is involved. The
agreement may provide for final and binding arbitration of any dispute.
History: 1975 c 13 s 60; 1984 c 654 art 3 s 130; 1986 c 444; 1987 c 384 art 2 s 1; 1994 c
628 art 3 s 129

473.417 [Repealed, 1994 c 628 art 3 s 209]

473.418 [Repealed, 1996 c 310 s 1]

473.419 [Repealed, 1987 c 284 art 2 s 9]

473.42 EMPLOYER CONTRIBUTIONS FOR CERTAIN EMPLOYEES.
Notwithstanding any contrary provisions of section 352.029, the council shall make the
employer contributions required pursuant to section 352.04, subdivision 3, for any employee who
was on authorized leave of absence from the transit operating division of the former Metropolitan
Transit Commission who is employed by the labor organization which is the exclusive bargaining
agent representing employees of the Office of Transit Operations and who is covered by the
Minnesota State Retirement System in addition to all other employer contributions the council
is required to make.
History: 1978 c 538 s 16; 1994 c 628 art 3 s 131

473.421 [Repealed, 1977 c 454 s 49]

473.422 [Repealed, 1977 c 454 s 49]

473.423 [Repealed, 1977 c 454 s 49]

473.424 [Repealed, 1977 c 454 s 49]

473.425 [Repealed, 1977 c 454 s 49]

473.435 [Repealed, 1994 c 628 art 3 s 209]

473.436 COUNCIL; BORROWING MONEY.
    Subdivision 1.[Repealed, 1Sp1985 c 10 s 123 subd 1]
    Subd. 2. Legal investments. Certificates of indebtedness, bonds, or other obligations issued
by the council to which tax levies have been pledged pursuant to section 473.446, subdivision
1 , shall be proper for investment of any funds by any bank, savings bank, savings association,
credit union, trust company, insurance company or public or municipal corporation, and may be
pledged by any bank, savings bank, savings association, credit union, or trust company as security
for the deposit of public moneys.
    Subd. 3. Tax exempt. Certificates of indebtedness, bonds, or other obligations of the council
shall be deemed and treated as instrumentalities of a public government agency.
    Subd. 4.[Repealed, 1Sp1985 c 10 s 123 subd 1]
    Subd. 5.[Repealed, 1Sp1985 c 10 s 123 subd 1]
    Subd. 6. Temporary borrowing. On or after the first day of any fiscal year, the council
may borrow money which may be used or expended by the council for any purpose, including
but not limited to current expenses, capital expenditures and the discharge of any obligation or
indebtedness of the council. The indebtedness must be represented by a note or notes which may
be issued from time to time in any denomination and sold at public or private sale pursuant to
a resolution authorizing the issuance. The resolution must set forth the form and manner of
execution of the notes and shall contain other terms and conditions the council deems necessary
or desirable to provide security for the holders of the notes. The note or notes are payable from
committed or appropriated money from taxes, grants or loans of the state or federal government
made to the council, or other revenues of the council, and the money may be pledged to the
payment of the notes. The council is authorized to pledge to the payment of the note or notes
taxes levied by it under section 473.446, subdivision 1, clause (a), and if taxes are so pledged the
council shall transfer amounts received from the levy to the council for payment of the note or
notes. To the extent the notes are not paid from the grant or loan money pledged for the payment
thereof, the principal and interest of the notes must be paid from any taxes received by the council
and any income and revenue received by or accrued to the council during the fiscal year in which
the note or notes were issued, or other money of the council lawfully available therefor.
    Subd. 7.[Repealed, 1994 c 628 art 3 s 209]
History: 1979 c 46 s 1; 1980 c 462 s 2; 1983 c 213 s 21; 1983 c 293 s 105; 1983 c 344 s 25;
1984 c 654 art 3 s 132,133; 1Sp1985 c 10 s 111; 1994 c 628 art 3 s 132-134; 1995 c 202 art 1 s 25

473.437 [Repealed, 1977 c 454 s 49]

473.438 [Repealed, 1Sp1985 c 10 s 123 subd 1]

473.443 [Repealed, 1977 c 454 s 49]

473.445    Subdivision 1.[Repealed, 1994 c 628 art 3 s 209]
    Subd. 2.[Repealed, 1977 c 454 s 49]
    Subd. 3.[Repealed, 1994 c 628 art 3 s 209]

473.446 TRANSIT TAX LEVIES.
    Subdivision 1. Metropolitan area transit tax. (a) For the purposes of sections 473.405 to
473.449 and the metropolitan transit system, except as otherwise provided in this subdivision,
the council shall levy each year upon all taxable property within the metropolitan area, defined
in section 473.121, subdivision 2, a transit tax consisting of:
(1) an amount necessary to provide full and timely payment of certificates of indebtedness,
bonds, including refunding bonds or other obligations issued or to be issued under section 473.39
by the council for purposes of acquisition and betterment of property and other improvements of a
capital nature and to which the council has specifically pledged tax levies under this clause; and
(2) an additional amount necessary to provide full and timely payment of certificates of
indebtedness issued by the council, after consultation with the commissioner of finance, if
revenues to the metropolitan area transit fund in the fiscal year in which the indebtedness is issued
increase over those revenues in the previous fiscal year by a percentage less than the percentage
increase for the same period in the revised Consumer Price Index for all urban consumers for the
St. Paul-Minneapolis metropolitan area prepared by the United States Department of Labor.
(b) Indebtedness to which property taxes have been pledged under paragraph (a), clause (2),
that is incurred in any fiscal year may not exceed the amount necessary to make up the difference
between (1) the amount that the council received or expects to receive in that fiscal year from
the metropolitan area transit fund and (2) the amount the council received from that fund in the
previous fiscal year multiplied by the percentage increase for the same period in the revised
Consumer Price Index for all urban consumers for the St. Paul-Minneapolis metropolitan area
prepared by the United States Department of Labor.
    Subd. 1a.[Repealed, 1Sp2001 c 5 art 3 s 96]
    Subd. 1b.[Repealed, 1Sp2001 c 5 art 3 s 96]
    Subd. 2. Transit taxing district. The metropolitan transit taxing district is hereby designated
as that portion of the metropolitan transit area lying within the following named cities, towns, or
unorganized territory within the counties indicated:
(a) Anoka County. Anoka, Blaine, Centerville, Columbia Heights, Coon Rapids, Fridley,
Circle Pines, Hilltop, Lexington, Lino Lakes, Spring Lake Park;
(b) Carver County. Chanhassen, the city of Chaska;
(c) Dakota County. Apple Valley, Burnsville, Eagan, Inver Grove Heights, Lilydale,
Mendota, Mendota Heights, Rosemount, South St. Paul, Sunfish Lake, West St. Paul;
(d) Ramsey County. All of the territory within Ramsey County;
(e) Hennepin County. Bloomington, Brooklyn Center, Brooklyn Park, Champlin,
Chanhassen, Crystal, Deephaven, Eden Prairie, Edina, Excelsior, Golden Valley, Greenwood,
Hopkins, Long Lake, Maple Grove, Medicine Lake, Minneapolis, Minnetonka, Minnetonka
Beach, Mound, New Hope, Orono, Osseo, Plymouth, Richfield, Robbinsdale, St. Anthony, St.
Louis Park, Shorewood, Spring Park, Tonka Bay, Wayzata, Woodland, the unorganized territory
of Hennepin County;
(f) Scott County. Prior Lake, Savage, Shakopee;
(g) Washington County. Baytown, the city of Stillwater, White Bear Lake, Bayport,
Birchwood, Cottage Grove, Dellwood, Lake Elmo, Landfall, Mahtomedi, Newport, Oakdale, Oak
Park Heights, Pine Springs, St. Paul Park, Willernie, Woodbury.
The Metropolitan Council in its sole discretion may provide transit service by contract
beyond the boundaries of the metropolitan transit taxing district or to cities and towns within the
taxing district which are receiving financial assistance under section 473.388, upon petition
therefor by an interested city, township or political subdivision within the metropolitan transit
area. The Metropolitan Council may establish such terms and conditions as it deems necessary
and advisable for providing the transit service, including such combination of fares and direct
payments by the petitioner as will compensate the council for the full capital and operating cost of
the service and the related administrative activities of the council. The amount of the levy made
by any municipality to pay for the service shall be disregarded when calculation of levies subject
to limitations is made, provided that cities and towns receiving financial assistance under section
473.388 shall not make a special levy under this subdivision without having first exhausted the
available local transit funds as defined in section 473.388. The council shall not be obligated to
extend service beyond the boundaries of the taxing district, or to cities and towns within the taxing
district which are receiving financial assistance under section 473.388, under any law or contract
unless or until payment therefor is received.
    Subd. 2a. Rights of debt holders. The provisions of subdivisions 1 and 2 or any other law
changing the boundaries of the metropolitan transit taxing district or reducing the levy otherwise
required to be levied within the district shall not be deemed to impair the rights of holders of
outstanding indebtedness to require the levy of property taxes, if necessary to provide for any
deficiency in accordance with the conditions of such indebtedness, on all property within the
limits of the metropolitan transit taxing district as such limits were in effect at the date of issuance
of such indebtedness.
    Subd. 3. Certification and collection. Each county treasurer shall collect and make
settlement of the taxes levied under subdivisions 1 and 1a with the treasurer of the council. The
levy of transit taxes pursuant to this section shall not affect the amount or rate of taxes which may
be levied by any county or municipality or by the council for other purposes authorized by law
and shall be in addition to any other property tax authorized by law.
    Subd. 4.[Repealed, 1977 c 454 s 49]
    Subd. 5.[Repealed, 1977 c 454 s 49]
    Subd. 6.[Repealed, 1Sp1985 c 10 s 123 subd 1]
    Subd. 7. Rights of holders of debt; after 1983 levy. Beginning for taxes levied in 1984,
payable in 1985, and for each succeeding year, as part of its levy made pursuant to subdivisions
1 and 6, the council shall levy the amounts necessary to provide full and timely payment of
certificates of indebtedness, bonds, and other obligations of the former Metropolitan Transit
Commission, until all debt of the commission is fully discharged and transfer the proceeds to the
appropriate council account for payment of its obligations. The taxes must be levied, certified,
and collected in accordance with the terms and conditions of the indebtedness. Nothing in
Laws 1984, chapter 654 may impair the rights of holders of valid obligations of the former
Metropolitan Transit Commission to require a levy of property taxes. The council shall take
the actions necessary to comply with the terms and conditions of the obligations, including if
necessary the levy of property taxes to provide for a deficiency.
    Subd. 8. State review. The commissioner of revenue shall certify the council's levy
limitation under this section to the council by August 1 of the levy year. The council must certify
its proposed property tax levy under this section to the commissioner of revenue by September 1
of the levy year. The commissioner of revenue shall annually determine whether the property
tax for transit purposes certified by the council for levy following the adoption of its proposed
budget is within the levy limitation imposed by subdivisions 1 and 1b. The commissioner shall
also annually determine whether the transit tax imposed on all taxable property within the
metropolitan transit area but outside of the metropolitan transit taxing district is within the levy
limitation imposed by subdivision 1a. The determination must be completed prior to September
10 of each year. If current information regarding market valuation in any county is not transmitted
to the commissioner in a timely manner, the commissioner may estimate the current market
valuation within that county for purposes of making the calculations.
History: 1975 c 13 s 71; 1975 c 203 s 4-8; 1976 c 166 s 7; 1977 c 454 s 44; 1979 c 46 s 2;
1980 c 607 art 13 s 1; 1980 c 614 s 190; 1981 c 363 s 54; 3Sp1981 c 2 art 1 s 71; 1983 c 17 s 13;
1983 c 293 s 106; 1984 c 502 art 3 s 25; 1984 c 654 art 3 s 135-137; 1984 c 655 art 2 s 11 subd
1; 1985 c 248 s 61; 1Sp1985 c 10 s 112-115; 1986 c 444; 1987 c 268 art 6 s 49; 1987 c 278 s 19;
1987 c 384 art 2 s 1; 1988 c 675 s 18-20; 1988 c 719 art 5 s 47; 1989 c 277 art 4 s 73; 1Sp1989 c
1 art 9 s 68; 1992 c 511 art 4 s 25; 1993 c 375 art 7 s 19; 1994 c 416 art 1 s 54; 1994 c 628 art 3 s
135-140; 1995 c 186 s 119; 1995 c 236 s 15; 1995 c 264 art 16 s 19; 1996 c 305 art 1 s 103; 1996
c 455 art 5 s 5-7; 1997 c 159 art 2 s 50; 1Sp2001 c 5 art 3 s 72

473.4461 ADDITIONS TO TRANSIT TAXING DISTRICT.
Notwithstanding any provision of section 473.446 or any other law, the Metropolitan Council
may not levy a tax under section 473.446, subdivision 1, in any city or town not included in the
transit taxing district as it existed on January 1, 2001, unless the council and the governing body
of that city or town have agreed on a service expansion plan.
History: 1Sp2001 c 8 art 2 s 72

473.447 [Repealed, 1977 c 454 s 49]

473.448 TRANSIT ASSETS EXEMPT FROM TAX BUT MUST PAY ASSESSMENTS.
(a) Notwithstanding any other provision of law to the contrary, the properties, moneys, and
other assets of the council used for transit operations or for special transportation services and all
revenues or other income from the council's transit operations or special transportation services
are exempt from all taxation, licenses, or fees imposed by the state or by any county, municipality,
political subdivision, taxing district, or other public agency or body of the state, except to the
extent that the property is subject to the sales and use tax under chapter 297A.
(b) Notwithstanding paragraph (a), the council's transit properties are subject to special
assessments levied by a political subdivision for a local improvement in amounts proportionate to
and not exceeding the special benefit received by the properties from the improvement.
History: 1975 c 13 s 73; 1983 c 213 s 22; 1994 c 628 art 3 s 141; 1995 c 236 s 16; 1996 c
471 art 3 s 41; 2000 c 418 art 2 s 9

473.449 ACT EXCLUSIVE.
The exercise by the council of the powers provided in sections 473.405 to 473.449 shall not
be subject to regulation by or the jurisdiction or control of any other public body or agency, either
state, county, or municipal, except as specifically provided in this chapter.
History: 1975 c 13 s 74; 1984 c 654 art 3 s 138; 1987 c 384 art 2 s 1; 1994 c 628 art
3 s 142; 1995 c 186 s 119

473.451 [Repealed, 1984 c 654 art 3 s 153]

WASTEWATER SERVICES

473.501 DEFINITIONS.
    Subdivision 1. Terms. The terms defined in this section shall have the meanings given
them for the purposes of sections 473.501 to 473.549 unless otherwise provided or indicated
by the context.
    Subd. 2.[Repealed, 1994 c 628 art 3 s 209]
    Subd. 3. Local government unit or government unit. "Local government unit" or
"government unit" means any municipal or public corporation or governmental subdivision or
agency located in whole or in part in the metropolitan area, authorized by law to provide for the
collection and disposal of sewage.
History: 1975 c 13 s 76

473.502 [Repealed, 1986 c 460 s 59]

473.503 [Repealed, 1994 c 628 art 3 s 209]

473.504 WASTEWATER SERVICES, POWERS.
    Subdivision 1.[Repealed, 1994 c 628 art 3 s 209]
    Subd. 2.[Repealed, 1994 c 628 art 3 s 209]
    Subd. 3.[Repealed, 1994 c 628 art 3 s 209]
    Subd. 4. Rules, penalties. The council shall have the power to adopt rules relating to the
operation of any interceptors or treatment works operated by it, and may provide penalties for the
violation thereof not exceeding the maximum which may be specified for a misdemeanor. Any
rule prescribing a penalty for violation shall be published at least once in a newspaper having
general circulation in the metropolitan area.
    Subd. 5. Gifts, grants, loans. The council may accept gifts, may apply for and accept grants
or loans of money or other property from the United States, the state, or any person for any of
its purposes, including any grant available under the federal Water Pollution Act amendments
of 1972, whether for construction, research or pilot project implementation, may enter into any
agreement required in connection therewith, and may hold, use, and dispose of such money
or property in accordance with the terms of the gift, grant, loan or agreement relating thereto.
The council has all powers necessary to comply with the federal Water Pollution Control Act
amendments of 1972 and any grant offered to it thereunder including, but not limited to, the power
to enter into such contracts with, or to impose such charges upon, persons using the metropolitan
disposal system as it shall determine to be necessary for the recovery of treatment works and
interceptor costs paid with federal grant funds. Insofar as possible these costs shall be recovered
by local government units on behalf of the council.
    Subd. 6. Joint or cooperative action. The council may act under the provisions of
section 471.59, or any other appropriate law providing for joint or cooperative action between
government units.
    Subd. 7.[Repealed, 1994 c 628 art 3 s 209]
    Subd. 8.[Repealed, 1994 c 628 art 3 s 209]
    Subd. 9. May get property. The council may acquire by purchase, lease, condemnation,
gift, or grant, any real or personal property including positive and negative easements and water
and air rights, and it may construct, enlarge, improve, replace, repair, maintain, and operate any
interceptor or treatment works determined to be necessary or convenient for the collection and
disposal of sewage in the metropolitan area. Any local government unit and the commissioners of
transportation and natural resources are authorized to convey to or permit the use of any such
facilities owned or controlled by it by the council, subject to the rights of the holders of any bonds
issued with respect thereto, with or without compensation, without an election or approval by
any other government agency. All powers conferred by this subdivision may be exercised both
within or without the metropolitan area as may be necessary for the exercise by the council of
its powers or the accomplishment of its purposes. The council may hold such property for its
purposes, and may lease any such property so far as not needed for its purposes, upon such terms
and in such manner as it shall deem advisable. Unless otherwise provided, the right to acquire
lands and property rights by condemnation shall be exercised in accordance with chapter 117, and
shall apply to any property or interest therein owned by any local government unit; provided,
that no such property devoted to an actual public use at the time, or held to be devoted to such
use within a reasonable time, shall be so acquired unless a court of competent jurisdiction shall
determine that the use proposed by the board is paramount to such use. Except in case of property
in actual public use, the council may take possession of any property for which condemnation
proceedings have been commenced at any time after the issuance of a court order appointing
commissioners for its condemnation.
    Subd. 10. Nonfranchise required. The council may construct or maintain its systems
or facilities in, along, on, under, over, or through public streets, bridges, viaducts, and other
public rights-of-way without first obtaining a franchise from any local government unit having
jurisdiction over them; but such facilities shall be constructed and maintained in accordance with
the ordinances and resolutions of any such government unit relating to construction, installation,
and maintenance of similar facilities in such public properties and shall not obstruct the public
use of such rights-of-way.
    Subd. 11. Surplus property. The council may sell or otherwise dispose of any real or
personal property acquired by it which is no longer required for accomplishment of its purposes.
Such property may be sold in the manner provided by section 469.065, insofar as practical. The
council may give such notice of sale as it shall deem appropriate. When the council determines
that any property or any interceptor or treatment works or any part thereof which has been
acquired from a local government unit without compensation is no longer required, but is required
as a local facility by the government unit from which it was acquired, the council may by
resolution transfer it to such government unit.
    Subd. 12. Pacts with other governments. The council may contract with the United States
or any agency thereof, any state or agency thereof, or any local government unit or governmental
agency or subdivision, for the joint use of any facility owned by the council or such entity, for the
operation by such entity of any system or facility of the council, or for the performance on the
council's behalf of any service, on such terms as may be agreed upon by the contracting parties.
History: 1975 c 13 s 79; 1976 c 166 s 7; 1985 c 248 s 70; 1987 c 291 s 229; 1994 c 628
art 3 s 143-149; 1995 c 236 s 20

473.505 TOTAL WATERSHED MANAGEMENT.
The Metropolitan Council may enter into agreements with other governmental bodies
and agencies and spend funds to implement total watershed management. "Total watershed
management" means identifying and quantifying at a watershed level the (1) sources of pollution,
both point and nonpoint, (2) causes of conditions that may or may not be a result of pollution,
and (3) means of reducing pollution or alleviating adverse conditions. The purpose of total
watershed management is to achieve the best water quality for waters of the state receiving
the effluent of the metropolitan disposal system for the lowest total costs, without regard to
who will incur those costs.
History: 1994 c 562 s 1; 1995 c 236 s 17

473.511 SEWER SERVICE FUNCTION.
    Subdivision 1. Duty of council; existing, new facilities. At any time after January 1, 1970,
until July 1, 1994, the former Metropolitan Waste Control Commission, and after July 1, 1994,
the council shall assume ownership of all existing interceptors and treatment works which will be
needed to implement the council's comprehensive plan for the collection, treatment, and disposal
of sewage in the metropolitan area, in the manner and subject to the conditions prescribed in
subdivisions 2 and 4, and shall thereafter acquire, construct, equip, operate and maintain all
additional interceptors and treatment works which will be needed for such purpose. The council
shall assume ownership of all treatment works owned by a local government unit if any part of
such treatment works will be needed for such purpose.
    Subd. 2. Method of acquisition; existing debt. The council may require any local
government unit to transfer to the council, all of its right, title and interest in any interceptors
or treatment works and all necessary appurtenances thereto owned by such local government
unit which will be needed for the purpose stated in subdivision 1. Appropriate instruments of
conveyance for all such property shall be executed and delivered to the council by the proper
officers of each local government unit concerned. All persons regularly employed by a local
government unit to operate and maintain any treatment works so transferred to the council,
on the date on which the transfer becomes effective, shall be employees of the council, in the
same manner and with the same options and rights as are reserved to employees of sanitary
districts and joint boards under subdivision 3. The council, upon assuming ownership of any such
interceptors or treatment works, shall become obligated to pay to such local government unit
amounts sufficient to pay when due all remaining principal of and interest on bonds issued by
such local government unit for the acquisition or betterment of the interceptors or treatment works
taken over. Such amounts may be offset against any amount to be paid to the council by the local
government unit as provided in section 473.517.
    Subd. 3. Existing sanitary districts, joint sewer boards. Effective January 1, 1971, the
corporate existence of the Minneapolis-St. Paul Sanitary District, the North Suburban Sanitary
Sewer District, and any joint board created by agreement among local government units pursuant
to section 471.59, to provide interceptors and treatment works for such local government units,
shall terminate. All persons regularly employed by such sanitary districts and joint boards on that
date or on any earlier date on which the former waste control commission pursuant to subdivisions
1 and 2 assumed ownership and control of any interceptors or treatment works owned or
operated by such sanitary districts and joint boards, and who are employees of the commission
on July 1, 1994, shall be employees of the council, and may at their option become members of
the Minnesota State Retirement System or may continue as members of a public retirement
association under chapter 422A or any other law, to which they belonged before such date, and
shall retain all pension rights which they may have under such latter laws, and all other rights to
which they are entitled by contract or law. Members of trades who are employed by the former
Metropolitan Waste Control Commission, who have trade union pension coverage pursuant to a
collective bargaining agreement, and who elected exclusion from coverage pursuant to section
473.512, or who are first employed after July 1, 1977, shall not be covered by the Minnesota State
Retirement System. The council shall make the employer's contributions to pension funds of its
employees. Such employees shall perform such duties as may be prescribed by the council. All
funds of such sanitary districts and joint boards then on hand, and all subsequent collections of
taxes, special assessments or service charges levied or imposed by or for such sanitary districts or
joint boards shall be transferred to the council. The local government units otherwise entitled to
such cash, taxes, assessments or service charges shall be credited with such amounts, and such
credits shall be offset against any amounts to be paid by them to the council as provided in
section 473.517. The former Metropolitan Waste Control Commission, and on July 1, 1994, the
council shall succeed to and become vested by action of law with all right, title and interest in and
to any property, real or personal, owned or operated by such sanitary districts and joint boards.
Prior to that date the proper officers of such sanitary districts and joint boards, or the former
Metropolitan Waste Control Commission, shall execute and deliver to the council all deeds,
conveyances, bills of sale, and other documents or instruments required to vest in the council
good and marketable title to all such real or personal property; provided that vesting of the title
shall occur by operation of law and failure to execute and deliver the documents shall not affect
the vesting of title in the former Metropolitan Waste Control Commission or the council on the
dates indicated in this subdivision. The council shall become obligated to pay or assume all
bonded or other debt and contract obligations incurred by the former Metropolitan Waste Control
Commission, or by such sanitary districts and joint boards, or incurred by local government units
for the acquisition or betterment of any interceptors or treatment works owned or operated by
such sanitary districts or joint boards.
    Subd. 4. Current value of existing facilities. When the council assumes the ownership
of any existing interceptors or treatment works as provided in subdivision 2 or 3, the local
government unit or units which paid part or all of the cost of such facility, directly or pursuant to
contracts for reimbursement of costs, shall be entitled to receive a credit against amounts to be
allocated to them under section 473.517, which may be spread over such period not exceeding 30
years as the council shall determine, and an additional credit equal to interest on the unused credit
balance from time to time at the rate of four percent per annum. The amount of such credit shall
equal the current value of the facility computed by the council in the manner provided in this
subdivision at the time the council acquires it. The original cost of a facility shall be computed as
the total actual costs of constructing it, including engineering, legal, and administrative costs,
less any part of it paid from federal or state funds and less the principal amount of any then
outstanding bonds which were issued to finance its construction. The original cost shall be
multiplied by a factor equal to a current cost index divided by the same cost index at the time
of construction, to determine replacement cost. The cost indices used shall be the Engineering
News Record Construction Cost Indices for facilities or parts thereof completed before 1930,
and the United States Public Health Service Federal Water Pollution Control Values for Sewer
and Treatment Plant Construction, as applied to facilities or parts thereof completed in or after
1930. The current value of the facility shall be the replacement cost depreciated by 4.00 percent
per annum from the date of construction of treatment works, 2.50 percent per annum from the
date of construction of interceptors which operate under pressure, and 1.25 percent per annum
from the date of construction of interceptors which do not operate under pressure; and decreased
further by a reasonable allowance for obsolescence if the council determines that the facility or
any part thereof will not be useful for council purposes for at least the remaining period required
to depreciate it fully, assuming no salvage value. The current value of each such facility shall
be credited to each local government unit in proportion to the amount of the construction cost
paid by that unit, as determined by the council, taking into account reimbursements previously
made under contracts between any of the local government units. The council shall prepare an
itemized statement of the amount of credit each local government unit is entitled to receive under
this subdivision, and the years and amounts of installments of principal and interest thereon,
and shall cause it to be mailed or delivered to the governing body of each local government
unit concerned. All credits allowed under this subdivision shall be used to finance current costs
allocated to the local government unit by the council or for other sewer costs, and the credits shall
not be considered as proceeds from the sale of municipal property so as to permit their use for
other purposes. At its option, the council may make a periodic payment to each local government
unit in the amount of the credits provided pursuant to this subdivision, in lieu of a credit against
amounts to be allocated to such local government units under section 473.517.
    Subd. 5.[Repealed, 1994 c 628 art 3 s 209]
History: 1975 c 13 s 80; 1977 c 98 s 3; 1986 c 444; 1987 c 53 s 1; 1994 c 628 art 3 s
150-153; 1997 c 181 s 1; 2002 c 320 s 2

473.5111 TRANSFER, DISPOSAL OF NONMETROPOLITAN INTERCEPTOR.
    Subdivision 1. Definitions. In this section, the definitions in this subdivision apply, except
as otherwise expressly provided or indicated by the context.
(a) The term "in good operating condition" with reference to an interceptor means that the
facility is currently operational and that the pipes or sewer mains portion only of the facility
is expected to have structural integrity, as appropriate for the proposed use of the pipe, for a
period of ten or more years after the date of a determination or certification of good operating
condition under this section.
(b) The term "interceptor" has the meaning given it in section 473.121, subdivision 23, and
includes a designated portion of an interceptor.
(c) The term "local government unit," with respect to an interceptor that is a storm sewer,
means a local governmental unit as defined in section 473.121, subdivision 6. The term
local government unit, with respect to an interceptor that is not a storm sewer, means a local
government unit as defined in section 473.501, subdivision 3.
(d) The term "storm sewer" means a facility that currently carries exclusively water runoff,
surface water, or other drainage, rather than sewage.
(e) The term "use as a local facility" includes use as either a sanitary sewer or a storm sewer.
    Subd. 2. Nonmetropolitan status determination. The council may determine that an
interceptor is no longer needed to implement the council's comprehensive plan for the collection,
treatment, and disposal of sewage in the metropolitan area. If the council makes the determination,
it may use the procedures in this section to sell, transfer, abandon, or otherwise dispose of the
interceptor.
    Subd. 3. Local benefit determination; transfer to benefited community. (a) If the
council uses the procedures in this section, it must, with regard to each interceptor for which the
determination is made in subdivision 2, determine whether or not the interceptor continues to
be of benefit for use as a local facility for one or more local government units. If the council
determines that the interceptor does not continue to be of benefit as a local facility, it must notify
each local government unit in which the interceptor is located, of this determination.
(b) Such a government unit may notify the council in writing within 90 days from receipt
of notice that it believes the interceptor provides a local benefit to the government unit and
that it desires to take possession of the interceptor. The council may extend the time for a
government unit to provide this notice. If a government unit delivers a written notice to the
council in accordance with this paragraph, the council must transfer the interceptor at no cost to
the government unit by preparing and transmitting a bill of sale for the facility and quit claim
deeds for any property rights associated with the facility that are no longer needed for the council's
purposes. Upon receipt of the bill of sale, the government unit is the owner of the interceptor and
thereafter responsible for its operation and maintenance.
(c) If the council does not receive notice from a government unit under paragraph (b), the
council may sell, transfer, abandon, or otherwise dispose of the interceptor in such manner as
it may deem fit.
    Subd. 4. Preliminary council determinations; notice to local government units. If the
council determines that an interceptor continues to be of benefit for use as a local facility for one
or more local government units, it must designate those units that are so benefited and the portions
of the interceptor that should properly be transferred to the benefited units. It must also determine
whether the interceptor is in good operating condition and, if not, the necessary repairs, and their
cost, needed to put the interceptor in good operating condition. The council must provide written
notice to each designated unit of the council's determinations in this subdivision.
    Subd. 5. Contested case; administrative and judicial review. (a) The council's preliminary
determinations under subdivision 4 may be contested by a local government unit which has been
designated by the council under that subdivision. The unit has 90 days from receiving notice
of the council's determinations under subdivision 4 within which to make a written request to
the council for a hearing on the council's determinations. The unit in its request for hearing
must specify the determinations with which it disagrees and its position with regard to those
determinations. If within 90 days no designated unit has requested a hearing in writing, the
council's preliminary determinations become its final decision with respect to the determinations
under subdivision 4 and the final decision is binding on all designated units. If a designated unit
requests a hearing, the request for hearing must be granted and the hearing must be conducted by
the Office of Administrative Hearings in the manner provided by chapter 14 for contested cases.
The subject of the hearing must extend only to those council determinations under subdivision 4
for which a hearing has been requested. The council and all local government units designated by
the council under subdivision 4 are parties to the contested case proceeding.
(b) Charges of the Office of Administrative Hearings must be divided equally among the
council and those parties who requested a hearing under paragraph (a). Otherwise, each party is
responsible for its own costs and expenses in the proceeding.
(c) After receipt of the report of the Office of Administrative Hearings, the council must
make a final decision with respect to the determinations in subdivision 4. Any party to the
contested case proceeding who is aggrieved by the final decision of the council may make a
judicial appeal in the manner provided in chapter 14 for contested cases.
    Subd. 6. Council options. (a) If the council's final decision after a proceeding under
subdivision 5 is that the interceptor does not continue to be of benefit for use as a local facility,
it may sell, transfer, abandon, or otherwise dispose of the interceptor in such manner as it may
deem fit.
(b) If the council's final decision is that the interceptor continues to be of benefit for use as a
local facility, but is not in good operating condition, it may either:
(1) continue to operate the interceptor until sold, transferred, abandoned, or otherwise
disposed of in such manner as it may deem fit; or
(2) repair the interceptor as necessary to put the interceptor in good operating condition,
certify that it is in good operating condition, and proceed under subdivision 7.
(c) If the council's final decision is that the interceptor continues to be of benefit for use as a
local facility and is in good operating condition, it must proceed under subdivision 7.
    Subd. 7. Transfer agreement; local benefit charge; transfer to benefited community.
(a) This subdivision applies if an interceptor designated in subdivision 2 continues to be of
benefit as a local facility and is determined or, after repair is certified, by the council to be in
good operating condition.
(b) The council and each local government unit that has been determined to have a benefit
in accordance with the procedures in this section must negotiate and enter into an agreement
governing transfer of an interceptor that has been determined to have benefit for use as a local
facility.
(c) The agreement may provide for the council to share in the cost of emergency repairs to the
transferred interceptor for an agreed warranty period not exceeding ten years beyond the later of:
(1) the date of the preliminary council determination of good operating condition in
subdivision 4; or
(2) the date of the certification in subdivision 6, paragraph (b), clause (2).
(d) The agreement may also contain arrangements between one or more local government
units concerning shared use, ownership, operation, or maintenance of the transferred interceptor.
(e) If the interceptor is not a storm sewer and is not transferred in its entirety to local
government units, the council must charge a local benefit charge for the portions of the interceptor
not transferred.
(f) The charge must begin on the later of:
(1) two years from the date of the determination in subdivision 2; or
(2) the day after the completion of any contested case proceeding under subdivision 5,
including any judicial appeals.
(g) The local benefit charge must be:
(1) based on the costs of overhead, operation, maintenance, rehabilitation, and debt service
of that portion of the interceptor not transferred;
(2) charged to all local government units which have not taken ownership of their allocated
portion of the interceptor; and
(3) allocated in accordance with the final decision of the council under subdivision 5.
(h) The local benefit charge is considered a charge payable by the local government unit
to the council under section 473.521 and must continue to be paid by the local government
unit until the interceptor is transferred to it.
(i) If the facility is a storm sewer and is not transferred in its entirety to the benefited local
government unit or units by the later of:
(1) two years from the date of the determination in subdivision 2; or
(2) the day after the completion of any contested case proceeding under subdivision 5,
including any judicial appeals,
then the facility is transferred effective on the later of the dates in clauses (1) and (2), by operation
of law, to the unit or units determined to have a benefit in accordance with the procedures under
this section.
(j) The transfer is not dependent on an agreement between the council and the local
government unit or units and is at no cost to the receiving unit.
(k) The local government unit is thereafter the owner of the interceptor and responsible
for its operation and maintenance.
(l) The council must prepare and transmit to the appropriate government unit or units bills of
sale for the facility, and quit claim deeds for any property rights associated with the facility which
are no longer needed for the council's purposes.
    Subd. 8. Power to operate, maintain, and repair facility. Until such time as an interceptor
is sold, transferred, abandoned, or otherwise disposed of under this section, the council has all
powers under this chapter to operate, maintain, and repair the interceptor. After transfer of an
interceptor, the council has all powers under this chapter to provide emergency repairs under any
agreed warranty period incorporated into a transfer agreement under subdivision 7.
History: 2002 c 278 s 1

473.512 PENSION EXCLUSION FOR CERTAIN LABOR SERVICE EMPLOYEES.
    Subdivision 1. Qualification, conditions. A member of a trade who is employed by the
former metropolitan waste control commission, and on July 1, 1994, is employed by the council,
on a permanent basis with trade union pension plan coverage pursuant to a collective bargaining
agreement shall be excluded from coverage by the Minnesota State Retirement System if the
member was first employed on or after June 1, 1977 or, if the member was first employed prior to
June 1, 1977, has elected to be excluded from coverage by the Minnesota State Retirement System
pursuant to subdivision 2, and has accepted a refund of contributions pursuant to subdivision 3.
    Subd. 2. Deadline, effect. A member of a trade entitled under subdivision 1 to make an
election of exclusion from pension coverage by the Minnesota State Retirement System may
make the election of exclusion no later than August 1, 1977 on forms provided by the executive
director of the Minnesota State Retirement System. The election of exclusion from coverage shall
be a one time election irrevocable while employed in such capacity and shall have retroactive
application to the first day of membership in the Minnesota State Retirement System.
    Subd. 3. Refund. Upon electing to be excluded from coverage as provided in subdivision
2 and making a valid application, a member of a trade shall be entitled to a refund of both the
accumulated employee and the employer contributions made pursuant to Minnesota Statutes 1976,
section 352.04, subdivision 3, on behalf of the member plus interest at the rate of 3-1/2 percent
per annum compounded annually from the date of commencement of coverage, computed to the
first day of the month in which the refund is processed and shall be based on fiscal year balances.
The application for the refund may be made without the waiting period provided for in section
352.22, subdivision 1. No repayment of a refund made under this section shall be permitted.
History: 1977 c 98 s 4; 1986 c 444; 1994 c 628 art 3 s 154

473.513 MUNICIPAL PLANS AND PROGRAMS.
As soon as practicable after the adoption of the first policy plan by the council as provided in
section 473.146, and before undertaking the construction of any extensions or additions to its
disposal system or the substantial alteration or improvement of its existing disposal system, each
local government unit shall adopt a similar policy plan for the collection, treatment and disposal
of sewage for which the local government unit is responsible, coordinated with the council's
plan, and may revise the same as often as it deems necessary. Each such plan shall be submitted
forthwith to the council for review and shall be subject to the approval of the council as to those
features affecting the council's responsibilities as determined by the council. Any such features
disapproved by the council shall be modified in accordance with the council's recommendations.
No construction of new sewers or other disposal facilities, and no substantial alteration or
improvement of any existing sewers or other disposal facilities involving such features, shall be
undertaken by any local government unit unless its governing body shall first find the same to be
in accordance with its comprehensive plan and program as approved by the council. At the time
each local government unit makes application to the Minnesota Pollution Control Agency for a
permit to alter or improve its disposal system it shall file with the council a copy of the application
together with design data and a location map of the project.
History: 1975 c 13 s 81; 1994 c 628 art 3 s 155

473.515 SEWAGE COLLECTION AND DISPOSAL; POWERS.
    Subdivision 1. Identification of powers. In addition to all other powers conferred upon or
delegated to the council hereunder, it shall have the powers specified in this section.
    Subd. 2. Right to discharge treated sewage. The council shall have the right to discharge
the effluent from any treatment works operated by it into any waters of the state in accordance
with any effluent or water quality standards lawfully adopted by the Pollution Control Agency.
    Subd. 3. Connections with metropolitan system. The council may require any person
or local government unit in the metropolitan area to provide for the discharge of its sewage,
directly or indirectly, into the metropolitan disposal system, or to connect any disposal system
or part thereof with the metropolitan disposal system wherever reasonable opportunity therefor
is provided; may regulate the manner in which such connections are made; may require any
person or local government unit discharging sewage into the metropolitan disposal system to
provide preliminary treatment therefor; may prohibit the discharge into the metropolitan disposal
system of any substance which it determines will or may be harmful to the system or any persons
operating it; and may require any local government unit to discontinue the acquisition, betterment,
or operation of any facility for its disposal system wherever and so far as adequate service is or
will be provided by the metropolitan disposal system.
History: 1975 c 13 s 82; 1994 c 628 art 3 s 156-158

473.5155 VIOLATION OF WASTEWATER LAW; REMEDIES, PENALTIES.
    Subdivision 1. Remedies available. (a) For purposes of this section, "violation" means any
discharge or action by a person that violates sections 473.501 to 473.549 or rules, standards,
variances, limitations, orders, stipulations, agreements, schedules of compliance, or permits that
are issued or adopted by the council under sections 473.501 to 473.549.
(b) Each violation may be enforced by any one or a combination of the following: criminal
prosecution, civil action, or other appropriate action in accordance with sections 473.501 to
473.549.
    Subd. 2. Criminal penalties; duties. (a) Any person who commits a violation under
subdivision 1 may be sentenced to imprisonment for not more than 90 days or to payment of a
fine of not more than $1,000, or both.
(b) County attorneys, sheriffs and other peace officers, and other officers authorized to
enforce criminal laws shall take all action necessary to prosecute and punish violations.
    Subd. 3. Civil penalties. A violation is subject to a penalty payable to the state, in an amount
to be determined by the court, of not more than $1,000 per day of violation. The civil penalty may
be recovered by a civil action brought by the council in the name of the state.
History: 1990 c 469 s 2; 1994 c 628 art 3 s 159,160

473.516 WASTE FACILITIES; SEWAGE SLUDGE DISPOSAL.
    Subdivision 1. Acquisition and operation. Without limiting the grant or enumeration of
any of the powers conferred on the council under sections 473.501 to 473.549, the council shall
have the specific power to acquire by purchase, lease, condemnation, gift or grant any real or
personal property, positive and negative easements and water and air rights, and it may construct,
enlarge, improve, replace, repair, maintain and operate waste facilities in the metropolitan area
deemed to be necessary or convenient in connection with the processing or disposal of waste
resulting from sewage treatment, and the council may contract for the maintenance and operation
of such waste facilities, subject to the bidding requirements of section 473.523. The council may
accept for processing waste derived from outside the metropolitan area in the state, as well as
waste derived from within the metropolitan area, and may fix and collect fees and charges for the
acceptance of waste as the council determines to be reasonable.
    Subd. 2. General requirements. With respect to its activities under this section, the council
shall be subject to and comply with the applicable provisions of this chapter. Property acquired
by the council under this section shall be subject to the provisions of section 473.545. Any site
or facility owned or operated for or by the council shall conform to the policy plan adopted
under section 473.149. The council shall contract with private persons for the construction,
maintenance, and operation of waste facilities, subject to the bidding requirements of section
473.523, where the facilities are adequate and available for use and competitive with other means
of providing the same service.
    Subd. 3. Local restrictions. Counties and local units of government may impose conditions
respecting the construction, operation, inspection, monitoring, and maintenance of a waste facility
of the council and conditions respecting the sale, gift, delivery, storage, use, and disposal of
sewage sludge of the council on private property as a soil conditioner or amendment, but only
in the manner and only to the extent authorized and approved by the council and the Pollution
Control Agency as being consistent with the establishment and use of the council's waste facilities
and the disposal of the council's sewage sludge on private property in accordance with the
council's plan, adopted under Minnesota Statutes 1992, section 473.153, and agency permits and
rules. Counties may exercise the enforcement powers granted under section 473.811, subdivision
5c , in the manner and to the extent authorized and approved in accordance with this subdivision.
    Subd. 4. Technical monitoring; sewage sludge disposal. Each sewage sludge disposal
facility of the council, or site used for the disposal of sewage sludge of the council, shall be
required to have an agency permit issued pursuant to agency rules for permitting sewage sludge
disposal facilities and sites. Each permit shall require a regular monitoring and testing program to
be carried out by the council. A regular inspection program shall be conducted by the agency or a
county under contract to the agency. The council shall reimburse the agency quarterly for the
cost of the program, and the amounts reimbursed are hereby appropriated to the agency for the
purposes of the program. The council shall attempt to the greatest practical extent to provide a
sludge quality that permits desired nutrient loadings and minimizes elements not essential for
plant growth when sludge is disposed of on private property as a soil conditioner or amendment.
The council shall provide recipients with information on the facility generating the sludge and the
content of the sludge taken from its various treatment facilities.
    Subd. 5. Sludge ash contracts. Notwithstanding section 473.523, the council may enter into
a negotiated contract with a private person to use the sludge ash generated by the council in a
manufacturing process. The contract may not exceed 30 years.
History: 1976 c 179 s 10; 1980 c 564 art 10 s 5; 1981 c 352 s 39; 1986 c 425 s 38; 1986
c 460 s 42; 1993 c 13 art 2 s 11; 1994 c 628 art 3 s 161-165; 1995 c 247 art 2 s 26; 1996 c
305 art 1 s 104

473.517 ALLOCATION OF COSTS.
    Subdivision 1. Allocation method. Except as provided in subdivision 3, the estimated costs
of operation, maintenance, and debt service of the metropolitan disposal system to be paid by the
council in each fiscal year, and the costs of acquisition and betterment of the system which are to
be paid during the year from funds other than bond proceeds, including all expenses incurred
by the council pursuant to sections 473.501 to 473.545, are referred to in this section as current
costs, and shall be allocated among and paid by all local government units which will discharge
sewage, directly or indirectly, into the metropolitan disposal system during the budget year
according to an allocation method determined by the council. The allocated costs may include an
amount for a reserve or contingency fund and an amount for cash flow management. The cash
flow management fund so established must not exceed five percent of the council's total waste
control operating budget.
    Subd. 2.[Repealed by amendment, 1997 c 181 s 2]
    Subd. 3. Allocation of treatment, interceptor costs; reserved capacity. In preparing each
budget the council shall estimate the current costs of acquisition, betterment, and debt service,
only, of the treatment works in the metropolitan disposal system which will not be used to total
capacity during the budget year, and the percentage of such capacity which will not be used, and
shall deduct the same percentage of such treatment works costs from the current costs allocated
under subdivision 1. The council shall also estimate the current costs of acquisition, betterment,
and debt service, only, of the interceptors in the metropolitan disposal system that will not be
used to total capacity during the budget year, shall estimate the percentage of the total capacity
that will not be used, and shall deduct the same percentage of interceptor costs from the current
costs allocated under subdivision 1. The total amount so deducted with respect to all treatment
works and interceptors in the system shall be allocated among and paid by the respective local
government units in the metropolitan area for which system capacity unused each year is reserved
for future use, in proportion to the amounts of such capacity reserved for each of them.
    Subd. 4.[Repealed, 1987 c 53 s 8]
    Subd. 5.[Repealed, 1987 c 53 s 8]
    Subd. 6. Deferment of payments. The council may provide for the deferment of payment of
all or part of the allocated costs which are allocated by the council to a local government unit in
any year pursuant to subdivision 3, repayable at such time or times as the council shall specify,
with interest at the approximate average annual rate borne by council bonds outstanding at the
time of the deferment, as determined by the council. Such deferred costs shall be allocated to and
paid by all local government units in the metropolitan area which will discharge sewage, directly
or indirectly, into the metropolitan disposal system in the budget year for which the deferment is
granted, in the same manner and proportions as costs are allocated under subdivision 1.
    Subd. 7.[Repealed, 1987 c 53 s 8]
    Subd. 8.[Repealed, 1994 c 628 art 3 s 209]
    Subd. 9. Advisory committees. The council may establish and appoint persons to advisory
committees to assist the council in the performance of its wastewater control duties. If established,
the advisory committees shall meet with the council to consult with such members concerning
the acquisition, betterment, operation and maintenance of interceptors and treatment works in
the metropolitan disposal system, and the allocation of costs therefor. Members of the advisory
committee serve without compensation but must be reimbursed for their reasonable expenses as
determined by the council.
    Subd. 10. Direct charging of industrial users. (a) The term "industrial discharger" for the
purposes of this subdivision means a recipient of wastewater treatment services that is required by
council rules or procedures to have a permit issued by the council in order to discharge sewage to
the metropolitan disposal system.
(b) The council may directly impose on all or any category of industrial dischargers all or
any portion of the costs that would otherwise be allocated among and paid by local government
units under subdivision 1. Any amounts imposed directly on industrial dischargers by the council
under this subdivision must be deducted from the amounts to be allocated among and paid by
local government units under subdivision 1, and any charges imposed by a local government unit
for the same purpose are of no further force and effect from and after the effective date of the
council's direct charges. Charges imposed under this subdivision are in addition to any other
charges imposed on industrial dischargers by a local government unit and must be paid by the
industrial discharger at such intervals as may be established by the council. The council may
impose interest charges upon delinquent payments.
(c) Charges by the council to industrial dischargers under this subdivision including any
interest charges, as well as any other charges or related fees owed by the industrial discharger
pursuant to a discharge permit issued by the council for the subject property, are a charge jointly
and severally against the owners, lessees, and occupants of the property served. The council
may certify such unpaid amounts to the appropriate county auditor as a tax for collection as
other taxes are collected on the property served. The proceeds of any tax collected pursuant to
the council's certification must be paid by the county treasurer to the council when collected.
Certification does not preclude the council from recovery of delinquent amounts and interest
under any other available remedy.
History: 1975 c 13 s 83; 1987 c 53 s 2-5; 1994 c 628 art 3 s 166-170; 1997 c 181 s 2;
1Sp2003 c 16 s 8

473.519 1972 U.S. WATER POLLUTION CONTROL ACT: USE CHARGE SHARES.
Each local government unit shall adopt a system of charges for the use and availability of the
metropolitan disposal system which will assure that each recipient of waste treatment services
within or served by the unit will pay its proportionate share of the costs allocated to the unit
by the council under section 473.517, as required by the federal Water Pollution Control Act
amendments of 1972, and any regulations issued pursuant thereto. Each system of charges shall
be adopted as soon as possible and shall be submitted to the council. The council shall review
each system of charges to determine whether it complies with the federal law and regulations. If
it determines that a system of charges does not comply, the adopting unit shall be notified and
shall change its system to comply, and shall submit the changes to the council for review. All
subsequent changes in a system of charges proposed by a local government unit shall also be
submitted to the council for review.
History: 1975 c 13 s 84; 1994 c 628 art 3 s 171; 1997 c 181 s 3

473.521 PAYMENTS TO COUNCIL.
    Subdivision 1. Amounts due council, when payable. Charges payable to the council by
local government units may be made payable at such times during each year as the council
determines, but such dates shall be fixed with reference to the dates on which tax, assessment, and
revenue collections become available to the government units required to pay such charges.
    Subd. 2. Component municipalities, obligations to council. Each government unit shall
pay to the council all sums charged to it as provided in section 473.517, at the times and in the
manner determined by the council. The governing body of each such government unit shall take
all action that may be necessary to provide the funds required for such payments and to make
the same when due.
    Subd. 3. Powers of government units. To accomplish any duty imposed on it by the council,
the governing body of every government unit in the metropolitan area may exercise the powers
granted any municipality by chapters 117, 412, 429, 475, sections 115.46, 444.075 and 471.59.
    Subd. 4. Deficiency tax levies. If the governing body of any local government unit fails to
meet any payment to the council hereunder when due, the Metropolitan Council may certify to the
auditor of the county in which the government unit is located the amount required for payment
of such amount with interest at six percent per annum. The auditor shall levy and extend such
amount as a tax upon all taxable property in the government unit for the next calendar year, free
from any existing limitations imposed by law or charter. Such tax shall be collected in the same
manner as the general taxes of the government unit, and the proceeds thereof, when collected,
shall be paid by the county treasurer to the treasurer of the council and credited to the government
unit for which the tax was levied.
History: 1975 c 13 s 85; 1994 c 628 art 3 s 172-175; 1995 c 236 s 20

473.523 CONSTRUCTION CONTRACTS SUBJECT TO MUNICIPAL BID LAW.
    Subdivision 1. In section 471.345. All contracts for construction work, or for the purchase of
materials, supplies, or equipment relating to the metropolitan disposal system shall be made as
provided in section 471.345, subdivisions 3 to 6. Contracts subject to section 471.345, subdivision
3 , shall be made by the council by publishing once in a legal newspaper or trade paper published
in a city of the first class not less than two weeks before the last day for submission of bids,
notice that bids or proposals will be received. Such notice shall state the nature of the work or
purchase and the terms and conditions upon which the contract is to be awarded, and a time and
place where such bids will be received, opened, and read publicly. After such bids have been duly
received, opened, read publicly, and recorded, the council shall award such contract to the lowest
responsible bidder or it may reject all bids and readvertise. Each contract shall be duly executed in
writing and the party to whom the contract is awarded shall give sufficient bond or security to the
board for the faithful performance of the contract as required by law. The council shall have the
right to set qualifications and specifications and to require bids to meet all such qualifications
and specifications before being accepted. If the council by an affirmative vote of two-thirds of
its members declares that an emergency exists requiring the immediate purchase of materials or
supplies at a cost in excess of the amount specified in section 471.345, subdivision 3, or in making
emergency repairs, it shall not be necessary to advertise for bids.
    Subd. 1a. Contracts over $50,000; best value alternative. As an alternative to the
procurement method described in subdivision 1, the council may issue a request for proposals and
award the contract to the vendor or contractor offering the best value under a request for proposals
as described in section 16C.28, subdivision 1, paragraph (a), clause (2), and paragraph (c).
    Subd. 2. Manager's authority. The manager of wastewater services may, without prior
approval of the council and without advertising for bids, enter into any contract of the type
referred to in subdivision 1 which is not in excess of the amount specified in section 471.345,
subdivision 3 .
    Subd. 3.[Repealed, 1986 c 460 s 59]
History: 1975 c 13 s 86; 1986 c 460 s 43,44; 1994 c 628 art 3 s 176,177; 2007 c 148
art 3 s 34

473.535 CAPITAL IMPROVEMENT PROGRAM; BUDGET.
The council shall prepare and adopt a capital improvement program and a budget for the
acquisition or betterment of any interceptors or treatment works determined by the council to
be necessary or desirable for the metropolitan disposal system. When the council issues debt
under section 473.541, it must be for the projects identified in the adopted capital improvement
program and budget.
History: 1975 c 13 s 87; 1986 c 460 s 45; 1994 c 628 art 3 s 178

473.541 DEBT OBLIGATIONS.
    Subdivision 1. Certificates of indebtedness. At any time or times after approval of an
annual budget, and in anticipation of the collection of tax and other revenues appropriated in
the budget, the council may by resolution authorize the issuance, negotiation, and sale, in such
form and manner and upon such terms as it may determine, of general obligation certificates of
indebtedness in aggregate principal amounts not exceeding 50 percent of the total amount of such
appropriations, and maturing not later than April 1 following the close of the budget year. All
receipts of tax and other revenues included in the budget, after the expenditure of appropriated
funds, shall be irrevocably appropriated to a special fund to pay the principal of and the interest
on the certificates when due. If for some reason the anticipated revenues are insufficient to pay
the certificates and interest thereon when due, the council shall levy a tax in the amount of the
deficiency on all taxable property in the metropolitan area, and shall appropriate this amount
to the special fund, to be credited thereto from the first tax and other revenues received in the
following budget year.
    Subd. 2. Emergency certificates. If in any budget year the receipts of tax and other revenues
should from some unforeseen cause become insufficient to pay the council's current wastewater
control expenses, or if any calamity or other public emergency should subject it to the necessity
of making extraordinary wastewater control expenditures, the council may make an emergency
appropriation of an amount sufficient to meet the deficiency and may authorize the issuance,
negotiation, and sale of certificates of indebtedness in this amount in the same manner and
upon the same conditions as provided in subdivision 1, except that the council shall forthwith
levy on all taxable property in the metropolitan area a tax sufficient to pay the certificates and
interest thereon, and shall appropriate all collections of such tax to a special fund created for
that purpose. The certificates may mature not later than April in the year following the year in
which the tax is collectible.
    Subd. 3. General obligation bonds. The council may by resolution authorize the issuance
of general obligation bonds for the acquisition or betterment of any interceptors or treatment
works determined to be necessary or desirable for the metropolitan disposal system, or for the
refunding of outstanding bonds, certificates of indebtedness, or judgments. The council shall
provide for the issuance and sale and for the security of such bonds in the manner provided in
chapter 475, and shall have the same powers and duties as a municipality issuing bonds under
that law, except that no election shall be required and the net debt limitations in chapter 475
shall not apply to such bonds. The council may also pledge for the payment of such bonds any
revenues receivable under section 473.517.
    Subd. 4. Revenue bonds. (a) The council may, by resolution, authorize the issuance
of revenue bonds for any purpose for which general obligation bonds may be issued under
subdivision 3. The bonds shall be sold, issued, and secured in the manner provided in chapter 475
for bonds payable solely from revenues, except as otherwise provided in this subdivision, and the
council shall have the same powers and duties as a municipality and its governing body in issuing
bonds under that chapter. The bonds shall be payable from and secured by a pledge of all or any
part of revenues receivable under section 473.517, shall not, and shall state they do not, represent
or constitute a general obligation or debt of the council, and shall not be included in the net debt
of any city, county, or other subdivision of the state for the purpose of any net debt limitation. The
proceeds of the bonds may be used to pay credit enhancement fees.
(b) The bonds may be secured by a bond resolution, or a trust indenture entered into by the
council with a corporate trustee within or outside the state, which shall define the revenues and
bond proceeds pledged for the payment and security of the bonds. The pledge shall be a valid
charge on the revenues received under section 473.517. No mortgage of or security interest in
any tangible real or personal property shall be granted to the bondholders or the trustee, but they
shall have a valid security interest in the revenues and bond proceeds received by the council
and pledged to the payment of the bonds as against the claims of all persons in tort, contract, or
otherwise, irrespective of whether such parties have notice thereof and without possession or filing
as provided in the Uniform Commercial Code or any other law, subject, however, to the rights of
the holders of any general obligation bonds issued under subdivision 3. In the bond resolution or
trust indenture, the council may make such covenants as it determines to be reasonable for the
protection of the bondholders, including a covenant to issue general obligation bonds to refund
the revenue bonds if and to the extent required to pay principal and interest on the bonds and to
certify a deficiency tax levy as provided in section 473.521, subdivision 4.
(c) Neither the council, nor any council member, officer, employee, or agent of the council,
nor any person executing the bonds shall be liable personally on the bonds by reason of their
issuance. The bonds shall not be payable from nor a charge upon any funds other than the revenues
and bond proceeds pledged to the payment thereof, nor shall the council be subject to any liability
thereon or have the power to obligate itself to pay or to pay the bonds from funds other than the
revenues and bond proceeds pledged, and no holder or holders of bonds shall ever have the right to
compel any exercise of the taxing power of the council (except any deficiency tax levy the council
covenants to certify under section 473.521, subdivision 4) or any other public body, to the payment
of principal of or interest on the bonds, nor to enforce payment thereof against any property of the
council or other public body other than that expressly pledged for the payment thereof.
History: 1975 c 13 s 88; 1989 c 355 s 13; 1994 c 628 art 3 s 179

473.542 DEPOSITORIES.
The council shall from time to time designate one or more national or state banks, or trust
companies authorized to do a banking business, as official depositories for moneys of the council,
and thereupon shall require the treasurer to deposit all or a part of such moneys in such institutions.
Such designation shall be in writing and shall set forth all the terms and conditions upon which the
deposits are made, and shall be signed by the chair and treasurer, and made a part of the minutes of
the council. Any bank or trust company so designated shall qualify as a depository by furnishing
a corporate surety bond or collateral in the amounts required by section 118A.03. However, no
bond or collateral shall be required to secure any deposit insofar as it is insured under federal law.
History: 1975 c 13 s 89; 1986 c 444; 1994 c 628 art 3 s 180; 1996 c 399 art 2 s 12

473.543 MONEYS, ACCOUNTS AND INVESTMENTS.
    Subdivision 1. Disposed of as budgeted; pledges. All moneys from wastewater control
operations received by the council shall be deposited or invested by the treasurer and disposed of
as the council may direct in accordance with its waste control budget; provided that any moneys
that have been pledged or dedicated by the Metropolitan Council to the payment of obligations or
interest thereon or expenses incident thereto, or for any other specific purpose authorized by law,
shall be paid by the treasurer into the fund to which they have been pledged.
    Subd. 2. Accounts. The council's treasurer shall establish such funds and accounts as
may be necessary or convenient to handle the receipts and disbursements of the council in an
orderly fashion.
    Subd. 3. Where to deposit; how to invest. The moneys on hand in said funds and accounts
may be deposited in the official depositories of the council or invested as hereinafter provided.
The amount thereof not currently needed or required by law to be kept in cash on deposit may
be invested in obligations authorized for the investment of public funds by section 118A.04.
Such moneys may also be held under certificates of deposit issued by any official depository
of the council.
    Subd. 4. Bond proceeds. The use of proceeds of all bonds issued by the council for the
acquisition and betterment of interceptors or treatment works, and the use, other than investment,
of all moneys on hand in any sinking fund or funds of the council, shall be governed by the
provisions of chapter 475, and the provisions of resolutions authorizing the issuance of such bonds.
    Subd. 5.[Repealed, 1994 c 628 art 3 s 209]
History: 1975 c 13 s 90; 1989 c 335 art 4 s 93; 1994 c 628 art 3 s 181-184; 1996 c 399 art
2 s 9

473.545 PROPERTY EXEMPT FROM TAXATION.
Any properties, real or personal, owned, leased, controlled, used, or occupied by the
council for any purpose referred to in Minnesota Statutes 1984, section 473.502, are declared
to be acquired, owned, leased, controlled, used and occupied for public, governmental, and
municipal purposes, and shall be exempt from taxation by the state or any political subdivision of
the state, except to the extent that the property is subject to the sales and use tax under chapter
297A, provided that such properties shall be subject to special assessments levied by a political
subdivision for a local improvement in amounts proportionate to and not exceeding the special
benefit received by the properties from such improvement. No possible use of any such properties
in any manner different from their use as part of the metropolitan disposal system at the time shall
be considered in determining the special benefit received by such properties. All such assessments
shall be subject to final confirmation by the Metropolitan Council, whose determination of the
benefits shall be conclusive upon the political subdivision levying the assessment.
History: 1975 c 13 s 91; 1983 c 213 s 23; 1994 c 628 art 3 s 185; 1996 c 305 art 1 s 105;
2000 c 418 art 2 s 10

473.547 TAX LEVIES.
The council shall have power to levy taxes for debt service of the metropolitan disposal
system upon all taxable property within the metropolitan area, without limitation of rate or amount
and without affecting the amount or rate of taxes which may be levied by the council for other
purposes or by any local government unit in the area. The council shall also have power to levy
taxes as provided in section 473.521. Each of the county auditors shall annually assess and extend
upon the tax rolls in the auditor's county the portion of the taxes levied by the council in each
year which is certified to the auditor by the council. Each county treasurer shall collect and make
settlement of such taxes with the council in the same manner as with other political subdivisions.
History: 1975 c 13 s 92; 1986 c 444; 1994 c 628 art 3 s 186

473.549 RELATION TO EXISTING LAWS.
The provisions of sections 473.501 to 473.549 shall be given full effect notwithstanding
the provisions of any law not consistent therewith. The powers conferred on the council under
sections 473.501 to 473.545 shall in no way diminish or supersede the powers conferred on the
Pollution Control Agency by sections 103F.701 to 103F.761 and chapters 115 and 116.
History: 1975 c 13 s 93; 1990 c 391 art 10 s 3; 1994 c 628 art 3 s 187

SPORTS FACILITIES

473.551 DEFINITIONS.
    Subdivision 1. Terms. For the purposes of sections 473.551 to 473.599, the following terms
shall have the meanings given in this section.
    Subd. 2. Cities. "Cities" means the cities of Minneapolis, Bloomington, and Richfield.
    Subd. 3. Commission. "Commission" means the Metropolitan Sports Facilities Commission.
    Subd. 4. Metrodome debt service. "Metrodome debt service" means the principal and
interest due each year on all bonds or revenue anticipation certificates issued by the council
under section 473.581.
    Subd. 5. Metropolitan sports area. "Metropolitan sports area" means the real estate in the
city of Bloomington described in the ownership and operations agreement, and all buildings,
structures, improvements and equipment thereon including the met center, owned by the cities on
May 17, 1977, the date of enactment of sections 473.551 to 473.595, and since transferred to the
commission pursuant to sections 473.551 to 473.595.
    Subd. 6. Metropolitan Sports Area Commission. "Metropolitan Sports Area Commission"
means that commission established by an ownership and operations agreement made and entered
into as of August 13, 1954, validated by Laws 1955, Chapter 445, to which the cities were
parties on May 17, 1977.
    Subd. 7. Multipurpose sports facility. "Multipurpose sports facility" means a single unit
sports facility suitable for university or major league professional baseball, football, and soccer.
    Subd. 8. Sports facility or sports facilities. "Sports facility" or "sports facilities" means real
or personal property comprising a stadium, stadiums, or arenas suitable for university or major
league professional baseball, for university or major league professional football and soccer, or
for both, or for university or major league hockey or basketball, or for both, together with adjacent
parking facilities, including on the effective date of Laws 1994, chapter 648, the metrodome, the
met center, and, upon acquisition by the commission, the basketball and hockey arena.
    Subd. 9. Metrodome. "Metrodome" means the Hubert H. Humphrey Metrodome located in
the city of Minneapolis constructed and owned by the commission and financed by the bonds of
the council issued pursuant to sections 473.551 to 473.595, including all real estate, buildings,
improvements, and equipment in and on them.
    Subd. 10. Basketball and hockey arena. "Basketball and hockey arena" means the
indoor arena building currently occupied and utilized for the playing of university or major
league basketball, hockey, and other purposes located in the city of Minneapolis, including all
improvements and equipment in the arena and the leasehold or other interest in the arena land
appurtenant to the arena, but excluding the health club.
    Subd. 11. Health club. "Health club" means that separate portion of the basketball and
hockey arena building occupied and utilized by a private sports and health club on the effective
date of Laws 1994, chapter 648, the improvements and equipment in and on it, and the leasehold
or other interest in the arena land appurtenant to it.
    Subd. 12. Met Center. "Met Center" means the real estate in the city of Bloomington
presently owned by the commission, formerly utilized for major league hockey, and all buildings,
improvements, and equipment in and on it.
    Subd. 13. Development agreement. "Development agreement" means the second amended
and restated development agreement among the Minneapolis Community Development Agency,
Northwest Racquet, Swim & Health Clubs, Inc., and the city of Minneapolis dated August 5,
1988, and as amended before the effective date of Laws 1994, chapter 648.
    Subd. 14. Ground lease. "Ground lease" means the ground lease of the arena land between
the Minneapolis Community Development Agency and Northwest Racquet, Swim & Health
Clubs, Inc., dated August 5, 1988, and as amended before the effective date of Laws 1994,
chapter 648.
    Subd. 15. Guarantors. "Guarantors" means the individuals who have guaranteed to the
Minneapolis Community Development Agency and the city of Minneapolis the performance
of the development agreement, ground lease, and certain other obligations pursuant to written
guaranty dated February 17, 1988.
    Subd. 16. Arena land. "Arena land" means the real estate upon which the basketball and
hockey arena and health club have been constructed and any adjacent parcel or parcels which
are owned by the city of Minneapolis and subject to the development agreement or the ground
lease and all rights, privileges, and easements appertaining to it.
    Subd. 17. Basketball and hockey arena debt service. "Basketball and hockey arena debt
service" means the principal and interest due each year on all bonds or revenue anticipation
certificates issued by the council under section 473.599.
History: 1977 c 89 s 1; 1994 c 648 art 1 s 2

473.552 LEGISLATIVE POLICY; PURPOSE.
The legislature finds that
(a) the population in the metropolitan area has a need for sports facilities and that this need
cannot be met adequately by the activities of individual municipalities, by agreements among
municipalities, or by the private efforts of the people in the metropolitan area,
(b) the commission's ownership and operation of the metrodome and met center has met in
part the foregoing need and has promoted the economic and social interests of the metropolitan
area, of the state, and of the public, and
(c) the commission's acquisition of the basketball and hockey arena on the terms and
conditions provided in sections 473.598 and 473.599 shall similarly and more fully meet the
foregoing needs and promote these interests.
It is therefore necessary for the public health, safety and general welfare to establish a procedure
for the acquisition and betterment of sports facilities and to create a Metropolitan Sports Facilities
Commission.
History: 1977 c 89 s 2; 1994 c 648 art 1 s 3

473.553 COMMISSION; MEMBERSHIP; ADMINISTRATION.
    Subdivision 1. General. The Metropolitan Sports Facilities Commission is established and
shall be organized, structured, and administered as provided in this section.
    Subd. 2. Membership. The commission shall consist of six members, appointed by the
city council of the city in which the stadium is located plus a chair appointed as provided in
subdivision 3.
    Subd. 3. Chair. The chair shall be appointed by the governor as the ninth voting member and
shall meet all of the qualifications of a member, except the chair need only reside outside the city
of Minneapolis. The chair shall preside at all meetings of the commission, if present, and shall
perform all other duties and functions assigned by the commission or by law. The commission
may appoint from among its members a vice-chair to act for the chair during temporary absence
or disability.
    Subd. 4. Qualifications. A member shall not during a term of office hold the office of
Metropolitan Council member or be a member of another metropolitan agency or hold any
judicial office or office of state government. None of the members appointed by the city council of
the city in which the stadium is located shall be an elected public official of that city or of another
political subdivision any part of whose territory is shared with that city. Each member shall
qualify by taking and subscribing the oath of office prescribed by the Minnesota Constitution,
article V, section 6. The oath, duly certified by the official administering it, shall be filed with the
chair of the Metropolitan Council.
    Subd. 4a.[Repealed, 1994 c 628 art 3 s 209]
    Subd. 5. Terms. The terms of three members shall end the first Monday in January in the
year ending in the numeral "5". The terms of the other members and the chair shall end the first
Monday in January in the year ending in the numeral "7". The term of each member and the
chair shall be four years. The terms shall continue until a successor is appointed and qualified.
Members may be removed only for cause.
    Subd. 6. Vacancies. A vacancy shall be filled by the appointing authority in the same manner
in which the original appointment was made.
    Subd. 7. Compensation. Each commission member shall be paid $50 for each day when
the member attends one or more meetings or provides other services, as authorized by the
commission, and shall be reimbursed for all actual and necessary expenses incurred in the
performance of duties. The chair of the Metropolitan Sports Facilities Commission shall receive,
unless otherwise provided by other law, a salary in an amount fixed by the members of the
commission and shall be reimbursed for reasonable expenses to the same extent as a member. The
annual budget of each commission shall provide as a separate account anticipated expenditures
for per diem, travel, and associated expenses for the chair and members, and compensation or
reimbursement shall be made to the chair and members only when budgeted.
    Subd. 8. Regular and special meetings. The commission shall meet regularly at least once
each month, at such time and place as the commission shall by resolution designate. Special
meetings may be held at any time upon the call of the chair or a majority of the members, upon
written notice to each member at least three days prior to the meeting, or upon such other notice
as the commission may by resolution provide. Unless otherwise provided, any action within the
authority of the commission may be taken by the affirmative vote of a majority of the members. A
majority of all of the members of the commission shall constitute a quorum, but a lesser number
may meet and adjourn from time to time and compel the attendance of absent members.
    Subd. 9. Personnel code; merit system. (a) The council shall by resolution adopt guidelines
for a personnel code relating to the employees of the commission, except that nothing in Laws
1974, chapter 422, shall impair the rights of the commission or employee under sections 473.405
and 473.415. After adoption of the guidelines, the commission shall by resolution adopt a
personnel code in general conformance therewith. The code shall include a job classification
plan, procedures for employment and promotion of personnel based on merit, procedures for the
demotion, suspension, or discharge of employees, procedures for hearing grievances, procedures
for salary administration, and such other provisions as the council deems appropriate. In addition,
the code shall provide for the development by the commission of affirmative action plans, as
provided in section 473.143. The executive director of the commission shall administer the code,
and the commission shall not take any action inconsistent with the personnel code.
(b) When a commission employee has been demoted, suspended, or dismissed by the
executive director, the employee may, within 30 days after such action becomes effective, file with
the commission a written request for a hearing showing the position from which the employee
was dismissed, the date of dismissal, and the reason for requesting the hearing, full name and
present mailing address. Upon receipt of a request for a hearing the commission shall appoint
three of its members to act as an appeal committee and preside at a hearing on the action of the
executive director. The hearing shall be held within 30 days after the request is received by the
commission, upon written notice mailed or delivered to the employee at the employee's present
mailing address, not less than seven days before the hearing. The appeal committee shall approve
or disapprove the action of the executive director, and in the case of approval the action of the
executive director shall be final. In the case of disapproval the appeal committee may reinstate the
employee under such conditions as it deems proper, and may order the payment to the employee
of compensation lost as a result of the demotion, suspension or dismissal.
    Subd. 10. Secretary and treasurer. At its first regular meeting each year the commission
shall appoint a secretary and a treasurer or, in the alternative, a secretary-treasurer. The secretary
and treasurer, or secretary-treasurer, may, but need not be, members of the commission, and shall
hold office at the pleasure of the commission, subject to the terms of any contract of employment
which the commission may enter into with the secretary or treasurer. The secretary shall record
the minutes of all meetings of the commission and shall be the custodian of all books and records
of the commission except such as the commission shall entrust to the custody of a designated
employee. The treasurer shall be the custodian of all moneys received by the commission except
such as the commission shall entrust to the custody of a designated employee. The commission
may appoint a deputy to perform any and all functions of either the secretary or the treasurer.
    Subd. 11. Executive director. The chair of the commission shall, subject to the approval of
the commission, appoint an executive director who shall be chosen solely on the basis of training,
experience, and other qualifications, and who shall serve at the pleasure of the commission. The
executive director shall attend meetings of the commission, but shall not vote, and shall have the
following powers and duties:
(a) See that all resolutions, rules, or orders of the commission are enforced.
(b) Appoint and remove, subject to the provisions of the personnel code adopted pursuant to
subdivision 9, upon the basis of merit and fitness, all subordinate officers and regular employees
of the commission.
(c) Present to the commission plans, studies, and reports prepared for commission purposes
and recommend to the commission for adoption such measures as the executive director deems
necessary to enforce or carry out the powers and duties of the commission, or to the efficient
administration of the affairs of the commission.
(d) Keep the commission fully advised as to its financial condition, and prepare and submit
to the commission its annual budget and such other financial information as it may request.
(e) Recommend to the commission for adoption such rules as the executive director deems
necessary for the efficient operation of the commission's functions.
(f) Perform such other duties as may be prescribed by the commission.
    Subd. 12. Commission operating procedures. (a) The commission shall adopt resolutions
and bylaws, an administrative code establishing procedures for commission action, keeping
records, approving claims, authorizing and making disbursements, authorizing contracts,
safekeeping funds and audit of all financial operations of the commission.
(b) The commission and the council may enter into contracts with each other and with other
commissions and governmental units for the joint exercise of powers in the manner provided by
section 471.59; provided that the commission shall not enter into any contract with the council
which would assign any operations authority, responsibility or function, other than planning or
making studies, from the commission to the council.
    Subd. 13. Relocation payment standards. In all acquisitions the commission shall provide
as a cost of acquisition the relocation assistance, services, payments and benefits required by the
Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, 84 Stat. 1894
(1971), United States Code, title 42, section 4601, et seq.
    Subd. 14. Membership change. If the commissioner of finance determines, as provided
in section 473I.11, that the commission shall own the baseball park, the membership of the
commission will change as follows: on January 1 next, following the determination by the
commissioner, the commission consists of eight members plus a chair, three members appointed
by the city council of the municipality where the baseball park is located; and six members
appointed by the governor, three members from the metropolitan area, and three members from
outside the metropolitan area. The governor shall appoint the chair from the nine members of
the commission. The term of three of the members appointed under this subdivision by the
governor shall end the first Monday in January 2005 and the term of the other three members
appointed by the governor shall end the first Monday in January 2006. Thereafter, their terms are
as determined under subdivision 5.
History: 1977 c 89 s 3; 1979 c 203 s 2,3; 1982 c 625 s 15; 1986 c 444; 1986 c 460 s 46;
1994 c 628 art 3 s 188-199; 1994 c 648 art 1 s 4,5; 2002 c 397 s 3

473.556 POWERS OF COMMISSION.
    Subdivision 1. General. The commission shall have all powers necessary or convenient to
discharge the duties imposed by law, including but not limited to those specified in this section.
    Subd. 2. Actions. The commission may sue and be sued, and shall be a public body within
the meaning of chapter 562.
    Subd. 3. Acquisition of property. The commission may acquire by lease, purchase, gift, or
devise all necessary right, title, and interest in and to real or personal property deemed necessary
to the purposes contemplated by sections 473.551 to 473.599 within the limits of the metropolitan
area.
    Subd. 4. Exemption of property. Any real or personal property acquired, owned, leased,
controlled, used, or occupied by the commission for any of the purposes of sections 473.551 to
473.599 is declared to be acquired, owned, leased, controlled, used and occupied for public,
governmental, and municipal purposes, and shall be exempt from ad valorem taxation by the state
or any political subdivision of the state, provided that such properties shall be subject to special
assessments levied by a political subdivision for a local improvement in amounts proportionate
to and not exceeding the special benefit received by the properties from the improvement.
No possible use of any such properties in any manner different from their use under sections
473.551 to 473.599 at the time shall be considered in determining the special benefit received
by the properties. All assessments shall be subject to final confirmation by the council, whose
determination of the benefits shall be conclusive upon the political subdivision levying the
assessment. Notwithstanding the provisions of section 272.01, subdivision 2, or 273.19, real or
personal property leased by the commission to another person for uses related to the purposes
of sections 473.551 to 473.599, including the operation of the metrodome, met center, and, if
acquired by the commission, the basketball and hockey arena shall be exempt from taxation
regardless of the length of the lease. The provisions of this subdivision, insofar as they require
exemption or special treatment, shall not apply to any real property comprising the met center
which is leased by the commission for residential, business, or commercial development or other
purposes different from those contemplated in sections 473.551 to 473.599.
    Subd. 5. Facility operation. The commission may equip, improve, operate, manage,
maintain, and control the Metrodome, Met Center, basketball and hockey arena and sports
facilities constructed, remodeled, or acquired under the provisions of sections 473.551 to 473.599.
    Subd. 6. Disposition of property. (a) The commission may sell, lease, or otherwise dispose
of any real or personal property acquired by it which is no longer required for accomplishment of
its purposes. The property shall be sold in accordance with the procedures provided by section
469.065, insofar as practical and consistent with sections 473.551 to 473.599.
(b) The proceeds from the sale of any real property at the metropolitan sports area shall be
paid to the council and used for debt service or retirement.
    Subd. 7. Contracts. The commission may contract for materials, supplies, and equipment
in accordance with section 471.345, except that the commission may employ persons, firms, or
corporations to perform one or more or all of the functions of architect, engineer, construction
manager, or contractor for both design and construction, with respect to all or any part of a project
to build or remodel sports facilities. Contractors shall be selected through the process of public
bidding, provided that it shall be permissible for the commission to narrow the listing of eligible
bidders to those which the commission determines to possess sufficient expertise to perform the
intended functions. Any construction manager or contractor shall certify, before the contracts are
finally signed, a construction price and completion date to the commission and shall post a bond
in an amount at least equal to 100 percent of the certified price, to cover any costs which may
be incurred over and above the certified price, including but not limited to costs incurred by the
commission or loss of revenues resulting from incomplete construction on the completion date.
The commission shall secure surety bonds as required in section 574.26, securing payment of just
claims in connection with all public work undertaken by it. Persons entitled to the protection of
the bonds may enforce them as provided in sections 574.28 to 574.32, and shall not be entitled to
a lien on any property of the commission under the provisions of sections 514.01 to 514.16.
    Subd. 8. Employees; contracts for services. The commission may employ persons and
contract for services necessary to carry out its functions. The commission may employ on such
terms as it deems advisable persons or firms for the purpose of providing traffic officers to direct
traffic on property under the control of the commission and on the city streets in the general area
of the property controlled by the commission. The traffic officers shall not be peace officers and
shall not have authority to make arrests for violations of traffic rules.
    Subd. 9. Gifts and grants. The commission may accept gifts of money, property, or services,
may apply for and accept grants or loans of money or other property from the United States, the
state, any subdivision of the state, or any person for any of its purposes, may enter into any
agreement required in connection therewith, and may hold, use, and dispose of such money,
property, or services in accordance with the terms of the gift, grant, loan or agreement relating
thereto. Except for the acquisition, clearance, relocation, and legal costs referred to in section
473.581, subdivision 3, clauses (d) and (e), the commission shall not accept gifts, grants, or
loans valued in excess of $2,000,000 without the prior approval of the council. In evaluating
proposed gifts, grants, loans, and agreements required in connection therewith, the council
shall examine the possible short-range and long-range impact on commission revenues and
commission operating expenditures.
    Subd. 10. Research. The commission may conduct research studies and programs, collect
and analyze data, prepare reports, maps, charts, and tables, and conduct all necessary hearings and
investigations in connection with its functions.
    Subd. 11. Agreements with university. The commission and the Board of Regents of the
University of Minnesota may enter into agreements and do all other acts necessary to further the
functions prescribed in sections 473.551 to 473.599.
    Subd. 12. Use agreements. The commission may lease, license, or enter into agreements and
may fix, alter, charge, and collect rentals, fees, and charges to all persons for the use, occupation,
and availability of part or all of any premises, property, or facilities under its ownership, operation,
or control for purposes that will provide athletic, educational, cultural, commercial or other
entertainment, instruction, or activity for the citizens of the metropolitan area. Any such use
agreement may provide that the other contracting party shall have exclusive use of the premises
at the times agreed upon.
    Subd. 13. Insurance. The commission may require any employee to obtain and file with it
an individual bond or fidelity insurance policy. It may procure insurance in the amounts it deems
necessary against liability of the commission or its officers and employees for personal injury or
death and property damage or destruction, with the force and effect stated in chapter 466, and
against risks of damage to or destruction of any of its facilities, equipment, or other property.
    Subd. 14. Small business contracts. In exercising its powers to contract for the purchase
of services, materials, supplies, and equipment, pursuant to subdivisions 5, 7, 8 and 10, the
commission shall designate and set aside each fiscal year for awarding to small businesses
approximately ten percent of the value of anticipated contracts and subcontracts of that kind for
that year, in the manner required of the commissioner of administration for state procurement
contracts pursuant to sections 16C.16 to 16C.19. The commission shall follow the rules
promulgated by the commissioner of administration pursuant to section 16C.19, and shall submit
reports of the kinds required of the commissioners of administration and economic development
by section 16C.18.
    Subd. 15.[Repealed, 1981 c 356 s 377]
    Subd. 16. Agreements with Amateur Sports Commission. (a) The commission and
the Minnesota Amateur Sports Commission created pursuant to chapter 240A may enter into
long-term leases, use or other agreements for the conduct of amateur sports activities at the
basketball and hockey arena, and the net revenues from the activities may be pledged for
basketball and hockey arena debt service. The commission, with the advice of the Minnesota
Amateur Sports Commission, shall establish standards to provide reasonable assurances to other
public bodies owning or operating an entertainment or sports complex or indoor sports arena in
the metropolitan area that the agreements between the commission and the Minnesota Amateur
Sports Commission with respect to the basketball and hockey arena shall not remove the conduct
of amateur sports activities currently and traditionally held at such facilities.
(b) Any long-term lease, use, or other agreement entered into by the Minnesota Amateur
Sports Commission with the commission under paragraph (a) must also:
(1) provide for a release of the Minnesota Amateur Sports Commission from its commitment
under the agreement if the legislature repeals or amends a standing appropriation or otherwise
does not appropriate sufficient money to fund the lease or agreement to the Minnesota Amateur
Sports Commission; and
(2) provide for a release of the Minnesota Amateur Sports Commission from its commitment
under the agreement and permit it to agree to a per event use fee when the bonds issued for the
metrodome under section 473.581 have been retired.
(c) No long-term lease, use, or other agreement entered into by the Minnesota Amateur
Sports Commission under paragraph (a) may commit the amateur sports commission to paying
more than $750,000 per year.
(d) Any long-term lease, use, or other agreement entered into under paragraph (a)
shall provide that the Minnesota Amateur Sports Commission shall be entitled to use of the
basketball and hockey arena for 50 event days per year. In addition, any long-term lease, use,
or other agreement entered into under paragraph (a) shall permit the Minnesota Amateur Sports
Commission to allow another person or organization to use one or more of its days.
    Subd. 17. Creating a condominium. The commission may, by itself or together with the
Minneapolis Community Development Agency and any other person, as to real or personal
property comprising or appurtenant or ancillary to the basketball and hockey arena and the health
club, act as a declarant and establish a condominium or leasehold condominium under chapter
515A or a common interest community or leasehold common interest community under chapter
515B, and may grant, establish, create, or join in other or related easements, agreements and
similar benefits and burdens that the commission may deem necessary or appropriate, and
exercise any and all rights and privileges and assume obligations under them as a declarant,
unit owner or otherwise, insofar as practical and consistent with sections 473.551 to 473.599.
The commission may be a member of an association and the chair, any commissioners and any
officers and employees of the commission may serve on the board of an association under chapter
515A or 515B.
History: 1977 c 89 s 4; 1979 c 203 s 4-6; 1983 c 257 s 2; 1984 c 544 s 89; 1985 c 248 s
70; 1985 c 295 s 2; 1Sp1985 c 14 art 20 s 17; 1987 c 291 s 230; 1987 c 384 art 2 s 1; 1994 c
648 art 1 s 6; 1998 c 386 art 2 s 95

473.561 EXEMPTION FROM COUNCIL REVIEW.
The acquisition and betterment of sports facilities by the commission shall be conducted
pursuant to sections 473.551 to 473.599 and shall not be affected by the provisions of sections
473.165 and 473.173.
History: 1977 c 89 s 5; 1994 c 628 art 3 s 200; 1994 c 648 art 1 s 7

473.564 METROPOLITAN SPORTS AREA.
    Subdivision 1.[Repealed, 1994 c 648 art 1 s 19]
    Subd. 2. Assumption of obligations. Nothing herein shall be construed as imposing upon
the council or commission an obligation to compensate the cities or the metropolitan sports area
commission for all or any part of the metropolitan sports area or to continue to operate and
maintain the metropolitan sports area facilities taken over by the commission.
    Subd. 3. Employees. Upon transfer of ownership all persons then employed by the
metropolitan sports area commission shall be transferred to the metropolitan sports facilities
commission without loss of right or privilege. Nothing in this section shall be construed to
give any such person the right or privilege to continue in the same level or classification of
employment previously held. The metropolitan sports facilities commission may assign any such
person to an employment level and classification which it deems appropriate and desirable in
accordance with its personnel code.
History: 1977 c 89 s 6; 1994 c 648 art 1 s 8

473.565 POST 1977 SERVICE IN MSRS; EXCEPTIONS.
    Subdivision 1. In MSRS; exceptions. All employees of the commission shall be members
of the Minnesota State Retirement System with respect to service rendered on or after May
17, 1977, except as provided in this section.
    Subd. 2. Temporary and part-time employees. Temporary employees hired for a period of
less than six months and part-time employees hired to work less than 30 hours per week shall
be excluded from membership in the retirement system if the commission certifies them to the
executive director of the retirement system as being temporary or part-time employees.
    Subd. 3. PERA election. Any employee of the commission who was an employee of the
Metropolitan Sports Area Commission on May 17, 1977, and who was a member of the Public
Employees Retirement Association on account of that employment may elect no later than 30 days
following transfer of employment to the commission to remain a member of the Public Employees
Retirement Association. The election shall be made on forms provided by the commission, and
the commission shall give immediate notice of any such elections to the executive directors of
the Public Employees Retirement Association and the Minnesota State Retirement System. Any
person who makes such an election shall be excluded from membership in the Minnesota State
Retirement System with respect to employment by the commission. The commission shall make
the required employer contributions to the Public Employees Retirement Association.
    Subd. 4. Retroactive pay, inclusion. Any permanent full-time employee of the commission
who was a permanent full-time employee of the Metropolitan Sports Area Commission on May
17, 1977, for whom the prior employment was not covered by the Public Employees Retirement
Association, may obtain allowable service credit in the Minnesota State Retirement System
by paying to the retirement system (a) an amount equal to four percent of current salary rate
multiplied by the days and months of such prior service for which the employee desires to
obtain allowable service credit plus (b) a matching amount representing the employer's required
contributions, except that the commission may agree to pay the matching amount on behalf
of its employees. Proof of prior permanent full-time service and the duration thereof shall be
established by the certification of the commission to the executive director of the retirement
system. The payments shall be made either in a lump sum or by payroll deduction arranged for
on or before July 1, 1978.
History: 1977 c 89 s 7; 1986 c 444

473.568 [Repealed, 1984 c 607 s 2]

473.571 [Repealed, 1994 c 648 art 1 s 19]

473.572 REVISED FINAL DETERMINATION.
    Subdivision 1. Determinations before bonds. The council shall make all determinations
required by sections 473.581, subdivision 3, and 473.599 before it authorizes the issuance
of bonds.
    Subd. 2. Self-supporting effort. It is the intent of the legislature that the commission shall,
to the maximum extent possible consistent with the provisions of section 473.581, subdivision 3,
impose rates, rentals and other charges in the operation of the metrodome which will make the
metrodome self supporting so that the taxes imposed under section 473.592 for the metrodome
will be at the lowest possible rate consistent with the obligations of the city of Minneapolis
as provided in sections 473.551 to 473.595.
History: 1979 c 203 s 1; 1994 c 648 art 1 s 9

473.581 DEBT OBLIGATIONS.
    Subdivision 1. Bonds. The council may by resolution authorize the sale and issuance of its
bonds for any or all of the following purposes:
(a) To provide funds for the acquisition or betterment of the Metrodome by the commission
pursuant to sections 473.551 to 473.595;
(b) To refund bonds issued hereunder ; and
(c) To fund judgments entered by any court against the commission or against the council in
matters relating to the commission's functions related to the Metrodome and the Met Center.
    Subd. 2. Procedure. The bonds shall be sold, issued, and secured in the manner provided in
chapter 475 for bonds payable solely from revenues, except as otherwise provided in sections
473.551 to 473.595, and the council shall have the same powers and duties as a municipality and
its governing body in issuing bonds under that chapter. The bonds may be sold at any price and at
public or private sale as determined by the council. They shall be payable solely from tax and
other revenues referred to in sections 473.551 to 473.595, excepting only the admissions tax and
surcharge related to the basketball and hockey arena provided in section 473.595, subdivision 1a,
the taxes for the basketball and hockey arena provided in section 473.592, and other revenues
attributable to the basketball and hockey arena. The bonds shall not be a general obligation or
debt of the council or of the commission, and shall not be included in the net debt of any city,
county, or other subdivision of the state for the purpose of any net debt limitation, provided
that nothing herein shall affect the obligation of the city of Minneapolis to levy a tax pursuant
to agreements made under the provisions of section 473.592. No election shall be required. The
principal amount shall not be limited except as provided in subdivision 3.
    Subd. 3. Limitations. The principal amount of the bonds issued pursuant to subdivision 1,
clause (a), shall not exceed the amounts hereinafter authorized. If the commission's proposal and
the construction contracts referred to in clause (g) of this subdivision provide for the construction
of a covered multipurpose sports facility, the total cost of constructing the facility under the
construction contracts, not including costs paid from funds provided by others, and the principal
amount of bonds issued pursuant to subdivision 1, clause (a), shall be limited to $55,000,000.
If the commission's proposal and the construction contracts do not provide for the construction
of a cover on a proposed multipurpose sports facility and the commission does not otherwise
contract for the construction or acquisition of a cover for the sports facility, the principal amount
shall be limited to $42,000,000. If the commission's proposal and the construction contracts
provide for the construction of a new sports facility for football and soccer and for remodeling the
existing metropolitan stadium for baseball, the principal amount shall be limited to $37,500,000.
If the commission's proposal and the construction contracts provide for the reconstruction and
remodeling of the existing Metropolitan Stadium as an uncovered multipurpose sports facility,
the principal amount shall be limited to $25,000,000. The bonds issued pursuant to subdivision
1, clause (a), shall bear an average annual rate of interest, including discount, not in excess of
7-1/2 percent. The proceeds of the bonds issued pursuant to subdivision 1, clause (a), shall be
used only for the acquisition and betterment of sports facilities suitable for baseball, football
and soccer, with a seating capacity for football and soccer of approximately 65,000 persons.
The council shall issue its bonds and construction of sports facilities may commence when the
council has made the following determinations:
(a) The commission has executed agreements with major league professional baseball and
football organizations to use the Metrodome for all scheduled regular season home games and
play-off home games and, in the case of the football organization, for at least one-half of its
exhibition games played each season. The agreements shall be for a period of not more than 30
years nor less than the term of the longest term bonds that in the council's judgment it may find it
necessary to issue to finance the acquisition and betterment of the Metrodome. The agreements
may contain provisions negotiated between the organizations and the commission which provide
for termination upon conditions related and limited to the bankruptcy, insolvency, or financial
capability of the organization. The agreements shall provide that, in the event of breach of the
agreements, the defaulting organization shall pay damages annually to the commission. The
annual payment shall be in an amount equal to the annual average of all revenue derived by the
commission from attendance at events and activities of the defaulting organization during the
years prior to default, provided that the damages shall not exceed in any year an amount sufficient,
with other revenues of the commission but excluding proceeds of the taxes under section 473.592,
to pay all expenses of operation, maintenance, administration, and debt service for the use of the
Metrodome by the defaulting organization during the same year. The damages shall be payable
during the period from the occurrence of the default to the date on which another major league
professional baseball or football organization, replacing the defaulting organization, enters into
a use agreement with the commission for not less than the then remaining term of the original
agreement. The agreements with the teams shall provide that no closed circuit or pay television
broadcasting of events in the Metrodome may be allowed without the approval of the commission.
The agreements shall include provisions protecting the commission and the council in the event of
change in ownership of the professional teams.
(b) The commission has executed agreements with professional baseball and football major
leagues which guarantee the continuance of franchises in the metropolitan area for the period of
the agreements referred to in clause (a).
(c) The proceeds of bonds provided for in this subdivision will be sufficient, together with
other capital funds that may be available to the commission for expenditures on the Metrodome,
to construct or remodel and to furnish the Metrodome proposed by the commission, including
the appropriate professional fees and charges but excluding, except as otherwise provided in this
subdivision, the acquisition, clearance, relocation, and legal costs referred to in clauses (d) and (e).
(d) The commission has acquired, without cost to the commission or the council except
as provided in this subdivision, title to all real property including all easements and other
appurtenances needed for the construction and operation of the Metrodome or has received a grant
of funds or has entered into an agreement or agreements sufficient in the judgment of the council
to assure the receipt of funds, at the time and in the amount required, to make any payment upon
which the commission's acquisition of title and possession of the real property is conditioned.
(e) The commission has received a grant of funds or entered into an agreement or agreements
sufficient in the judgment of the council to assure the receipt of funds, at the time and in the
amount required, to pay all costs, except as provided in this subdivision, of clearing the real
property needed for the construction and operation of the Metrodome of all buildings, railroad
tracks and other structures, including without limitation all relocation costs, all utility relocation
costs, and all legal costs.
(f) The commission has executed agreements with appropriate labor organizations and
construction contractors which provide that no labor strike or management lockout will halt,
delay or impede construction.
(g) The commission has executed agreements which will provide for the construction of the
Metrodome for a certified construction price and completion date and which include performance
bonds in an amount at least equal to 100 percent of the certified price to cover any costs which may
be incurred over and above the certified price, including but not limited to costs incurred by the
commission or loss of revenues resulting from incomplete construction on the completion date.
(h) The environmental impact statement for the Metrodome has been accepted by the
Environmental Quality Board, and the Pollution Control Agency and any other department,
agency, or unit of government have taken the actions necessary to permit the construction of
the Metrodome.
(i) At least 50 percent of the private boxes provided for in the commission's proposal for the
Metrodome are sold or leased for at least five years.
(j) The anticipated revenue from the operation of the Metrodome plus any additional
available revenue of the commission and the revenue from the taxes under section 473.592
will be an amount sufficient to pay when due all debt service plus all administration, operating
and maintenance expense.
(k) The commission has studied and considered the needs of the University of Minnesota for
athletic facilities for a prospective 20 year period.
(l) The city of Minneapolis has entered into an agreement as contemplated in section 473.592
as security for the Metrodome debt service.
(m) The commission has entered into an agreement or agreements with a purchaser or
purchasers of tickets of admission for a period of not less than 20 years which will assure that
whenever more than 90 and less than 100 percent of the tickets of admission for seats at any
professional football game, which were available for purchase by the general public 120 hours or
more before the scheduled beginning time of the game either at the Metrodome where the game
is to be played or at the box office closest to the Metrodome, have been purchased 72 hours or
more before the beginning time of the game, then all of such tickets which remain unsold will
be purchased in sufficient time to permit the telecast to areas within the state which otherwise
would not receive the telecast because of the terms of an agreement in which the professional
football league has sold or otherwise transferred all or part of the rights of the league's member
organizations in the sponsored telecasting of games of the organizations. The party or parties
agreeing to the purchase of such unsold tickets shall be obligated for a period of at least 20
years in an amount determined by the council to be sufficient to assure the purchase of all such
unsold tickets.
(n) The council has entered into an agreement with the brokerage firm or brokerage firms to
be used in connection with the issuance and sale of the bonds guaranteeing that fees and charges
payable to the brokerage firm or firms in connection therewith, including any underwriting
discounts, shall not exceed fees and charges customarily payable in connection with the issuance
and sale of bonds secured by the pledge of the full faith and credit of the city of Minneapolis.
The validity of any bonds issued under subdivision 1, clause (a), and the obligations of
the council and commission related thereto, shall not be conditioned upon or impaired by the
council's determinations made pursuant to this subdivision. For purposes of issuing the bonds
the determinations made by the council shall be deemed conclusive, and the council shall be and
remain obligated for the security and payment of the bonds irrespective of determinations which
may be erroneous, inaccurate, or otherwise mistaken.
    Subd. 4. Security. To the extent and in the manner provided in sections 473.592 and
473.595, the taxes described in section 473.592 for the Metrodome, the tax and other revenues
of the commission described in section 473.595, subdivision 1, and any other revenues of the
commission attributable to the Metrodome shall be and remain pledged and appropriated for the
payment of all necessary and reasonable expenses of the operation, administration, maintenance,
and debt service of the Metrodome until all bonds and certificates issued pursuant to this section
are fully paid or discharged in accordance with law. Bonds issued pursuant to this section may be
secured by a bond resolution, or by a trust indenture entered into by the council with a corporate
trustee within or outside the state, which shall define the tax and other Metrodome and Met
Center revenues pledged for the payment and security of the bonds. The pledge shall be a valid
charge on the tax and other revenues referred to in sections 473.551 to 473.595 (excepting only
the admissions tax and surcharge related to the basketball and hockey arena provided in section
473.595, subdivision 1a, taxes described in section 473.592 for the basketball and hockey arena,
and other revenues attributable to the basketball and hockey arena) from the date when bonds
are first issued or secured under the resolution or indenture and shall secure the payment of
principal and interest and redemption premiums when due and the maintenance at all times of
a reserve securing such payments. No mortgage of or security interest in any tangible real or
personal property shall be granted to the bondholders or the trustee, but they shall have a valid
security interest in all tax and other revenues received and accounts receivable by the commission
or council hereunder, as against the claims of all other persons in tort, contract, or otherwise,
irrespective of whether such parties have notice thereof, and without possession or filing as
provided in the Uniform Commercial Code or any other law. In the bond resolution or trust
indenture the council may make such covenants, which shall be binding upon the commission,
as are determined to be usual and reasonably necessary for the protection of the bondholders.
No pledge, mortgage, covenant, or agreement securing bonds may be impaired, revoked, or
amended by law or by action of the council, commission, or city, except in accordance with the
terms of the resolution or indenture under which the bonds are issued, until the obligations of
the council thereunder are fully discharged.
    Subd. 5. Revenue anticipation certificates. At any time or times after approval by the
council and final adoption by the commission of an annual budget of the commission for operation,
administration, and maintenance of the Metrodome, and in anticipation of the proceeds from the
taxes under section 473.592 for the Metrodome and the revenues of the commission provided for
in the budget, but subject to any limitation or prohibition in a bond resolution or indenture, the
council may authorize the issuance, negotiation, and sale, in such form and manner and upon
such terms as it may determine, of revenue anticipation certificates. The principal amount of the
certificates outstanding shall at no time exceed 25 percent of the total amount of the tax and other
revenues anticipated. The certificates shall mature not later than three months after the close of the
budget year. Prior to the approval and final adoption of the first annual budget of the commission,
the council may authorize up to $300,000 in revenue anticipation certificates under this
subdivision. So much of the anticipated tax and other revenues as may be needed for the payment
of the certificates and interest thereon shall be paid into a special debt service fund established for
the certificates in the council's financial records. If for any reason the anticipated tax and other
revenues are insufficient, the certificates and interest shall be paid from the first tax and other
revenues received, subject to any limitation or prohibition in a bond resolution or indenture. The
proceeds of the certificates may be used for any purpose for which the anticipated revenues or
taxes may be used or for any purpose for which bond proceeds under subdivision 1 may be used,
provided that the proceeds of certificates issued after May 26, 1979, shall not be used to pay
capital costs of the Metrodome constructed or remodeled pursuant to sections 473.551 to 473.595.
History: 1977 c 89 s 10; 1979 c 26 s 1; 1979 c 203 s 7-10; 1984 c 607 s 1; 1994 c 648
art 1 s 10

473.591 [Repealed, 1979 c 26 s 3]

473.592 TAX REVENUES.
    Subdivision 1. Local sales tax. The city of Minneapolis may enter into agreements with the
Metropolitan Council and the commission which requires the municipality to impose a sales tax,
supplemental to the general sales tax imposed in chapter 297A, for the purposes and in accordance
with the requirements specified in sections 473.551 to 473.599. The tax may be imposed:
(a) on the gross receipts from all retail on-sales of intoxicating liquor and fermented malt
beverages when sold at licensed on-sale liquor establishments and municipal liquor stores located
within the municipality,
(b) notwithstanding any limitations of Laws 1986, chapter 396, section 5, clause (2), on the
gross receipts from the furnishing for consideration of lodging for a period of less than 30 days at
a hotel, motel, rooming house, tourist court, or trailer camp located within the municipality,
(c) on the gross receipts on all sales of food primarily for consumption on or off the premises
by restaurants and places of refreshment as defined by resolution of the city, or
(d) on any one or combination of the foregoing.
A tax under this subdivision shall be imposed only within a downtown taxing area to be
determined by the council.
The agreement or agreements between the city, the Metropolitan Council, and the commission
shall require the municipality to impose the tax or taxes at whatever rate or rates may be necessary
to produce revenues which are determined by the council from year to year to be required,
together with the revenues available to the commission, to pay when due all debt service on bonds
and revenue anticipation certificates issued under section 473.581, all debt service on bonds and
revenue anticipation certificates issued under section 473.599, and all expenses of operation,
administration, and maintenance of the Metrodome and the basketball and hockey arena. When it
is determined that a tax must be imposed under this subdivision after the effective date of Laws
1994, chapter 648, there shall be added to the rate of the tax imposed for the purposes described
in the previous sentence a tax at a rate of 0.25 percent for use by the city to fund recreational
facilities and programs in the city's neighborhoods for children and youth through the Minneapolis
Park and Recreation Board. The agreements shall provide for the suspension, reimposition,
reduction, or increase in tax collections upon determination by the Metropolitan Council that such
actions are appropriate or necessary for the purposes for which the tax is imposed, provided that
the balance in each of the Metrodome debt service and the basketball and hockey arena debt
service fund or funds, including any reserve for debt service, shall be maintained at least at an
amount sufficient to pay the principal and interest on bonds which will become due within the
next succeeding one year period and, except as otherwise provided by agreement, shall not be
maintained at an amount greater than that required to pay principal and interest on bonds which
will become due within the next succeeding two-year period. Once the tax is imposed by the city,
the tax imposed for the benefit of the Minneapolis Park and Recreation Board shall remain in
effect at the rate of 0.25 percent until the bonds issued under section 473.599 have been retired.
The agreements shall be executed by the city, after approval by resolution of the city council and
before the issuance of the bonds under section 473.581 and commencement of construction of the
Metrodome or the issuance of bonds under section 473.599 and acquisition of the basketball and
hockey arena and shall constitute a contract or contracts with and for the security of all holders
of the bonds and revenue anticipation certificates secured by the tax. The Metrodome shall not
be constructed or remodeled in a municipality which has not entered into an agreement for the
Metrodome in accordance with this section. A basketball and hockey arena shall not be acquired
in the city of Minneapolis unless the city has entered into an agreement in accordance with this
section as security for bonds issued pursuant to section 473.599 and expenses of operation,
administration, and maintenance of the basketball and hockey arena. The tax shall be reported
and paid to the commissioner of revenue with and as part of the state sales and use taxes, and
shall be subject to the same penalties, interest, and enforcement provisions. The collections of the
tax, less refunds and a proportionate share of the costs of collection, shall be remitted at least
quarterly to the Metropolitan Council and the city of Minneapolis for use by the Minneapolis Park
and Recreation Board. The commissioner of revenue shall deduct from the proceeds remitted to
the council and the city an amount that equals the indirect statewide costs as well as the direct
and indirect department costs necessary to administer, audit, and collect this tax. The amount
deducted shall be deposited in the general fund of the state. The proceeds remitted with respect to
the Metrodome shall be placed, together with the net revenues of the commission attributable
to the Metrodome under section 473.595, into the debt service fund or reserve or special funds,
established under section 473.581, and any funds established to secure payment of operating
deficits of the commission arising from its ownership and operation of the Metrodome. The
proceeds may be used for payment of debt service on bonds and revenue anticipation certificates
issued under section 473.581, and expenses of operation, administration, and maintenance of the
Metrodome. The proceeds shall not be used for any capital costs of the Metrodome, except that
the proceeds may be used to pay interest on bonds during the construction period.
The proceeds remitted with respect to the basketball and hockey arena shall be placed,
together with the net revenues of the commission attributable to the basketball and hockey arena
under section 473.595, subdivision 1a, into the debt service fund or reserve or special funds,
established under section 473.599, and any funds established to secure payment of operating
deficits of the commission arising from its acquisition, ownership, operation, or maintenance of
the basketball and hockey arena. The proceeds may be used for payment of debt service on bonds
and revenue anticipation certificates issued under section 473.599, and expenses of operation,
administration, and maintenance of the basketball and hockey arena.
    Subd. 2.[Repealed by amendment, 1994 c 648 art 1 s 11]
History: 1979 c 203 s 11; 1994 c 648 art 1 s 11

473.595 COMMISSION FINANCES.
    Subdivision 1. Metrodome admission tax. The commission shall by resolution impose and
maintain a ten percent admission tax upon the granting, issuance, sale, or distribution, by any
private or public person, association, or corporation, of the privilege of admission to activities
at the Metrodome. No other tax, surcharge, or governmental imposition, except the taxes
imposed by chapter 297A, may be levied by any other unit of government upon any such sale or
distribution. The admission tax shall be stated and charged separately from the sales price so far
as practicable and shall be collected by the grantor, seller, or distributor from the person admitted
and shall be a debt from that person to the grantor, issuer, seller, or distributor, and the tax required
to be collected shall constitute a debt owed by the grantor, issuer, seller, or distributor to the
commission, which shall be recoverable at law in the same manner as other debts. Every person
granting, issuing, selling, or distributing tickets for such admissions may be required, as provided
in resolutions of the commission, to secure a permit, to file returns, to deposit security for the
payment of the tax, and to pay such penalties for nonpayment and interest on late payments, as
shall be deemed necessary or expedient to assure the prompt and uniform collection of the tax.
Notwithstanding any other provisions of this subdivision, the imposition of an admission
tax upon a national superbowl football game conducted at the Metrodome is discretionary with
the commission.
    Subd. 1a. Arena admission tax. The commission shall impose a ten percent admission tax
on all tickets sold, issued, granted, or distributed for the privilege of admission to the basketball
and hockey arena. In addition, the commission shall impose a surcharge in an amount to be
determined by the commission, but not less than $1 per ticket, on all tickets sold, issued, granted,
or distributed for the privilege of admission to activities at the basketball and hockey arena. The
sales price shall include the price of the ticket and any service or other charge imposed by the
grantor, issuer, seller, or distributor upon the reservation, processing, distribution, delivery, or sale
of the ticket. No other tax, surcharge, or governmental imposition, except the taxes imposed by
chapter 297A, may be levied by any other unit of government upon such a sale or distribution.
The admission tax and surcharge for the privilege of admission to activities at the basketball and
hockey arena shall be charged and added to the sales price of the ticket, and imposed and collected
in the same manner provided for the Metrodome pursuant to subdivision 1. The tax and surcharge
provided for in this subdivision shall be effective from and after the date of the commission's
acquisition of the basketball and hockey arena.
    Subd. 2. Rentals; fees; charges. Rentals, fees, and charges provided for in use agreements at
the Metrodome and basketball and hockey arena entered into by the commission shall be those
estimated by the commission to be necessary and feasible to produce so far as possible, with
commission revenues from other sources, the amounts needed for current operation, maintenance,
and debt service. The commission shall with respect to the Met Center, the Metrodome, and the
basketball and hockey arena meet and confer with any public body, authority, or agency owning
or operating an entertainment or sports complex, or indoor sports arena, in the metropolitan area,
for the purpose of undertaking measures or agreements maximizing revenues and eliminating
unnecessary operational expenditures.
    Subd. 3. Budget preparation; review and approval. The commission shall prepare a
proposed budget by August 1 of each year. The budget shall include operating revenues and
expenditures for operation, administration, and maintenance. In addition, the budget must show
for each year:
(a) The estimated operating revenues from all sources including funds on hand at the
beginning of the year, and estimated expenditures for costs of operation, administration,
maintenance, and debt service;
(b) Capital improvement funds estimated to be on hand at the beginning of the year
and estimated to be received during the year from all sources and estimated cost of capital
improvements to be paid out or expended during the year; all in such detail and form as the
council may prescribe; and
(c) The estimated source and use of pass-through funds.
As early as practicable before August 15 of each year, the commission shall hold a public
hearing on a draft of the proposed budget. Along with the draft, the commission shall publish
a report on user charges. The report must include an estimate and analysis of the changes in
user charges, rates, and fees that will be required by the commission's budget. Not less than
14 days before the hearing, the commission shall publish notice of the hearing in a newspaper
having general circulation in the metropolitan area, stating the date, time, and place of hearing,
and the place where the proposed budget and report on user charges may be examined by any
interested person. Following the hearing, the commission shall publish a report of the hearing that
summarizes the comments received and the commission's response. The council shall approve or
disapprove the entire budget by October 1 of each year. Before December 15 of each year, the
commission shall by resolution adopt a final budget. The commission shall file its final budget
with the council on or before December 20 of each year. The council shall file the budgets with
the secretary of the senate and the clerk of the house of representatives not later than January
1 of each year.
Except in an emergency, for which procedures must be established by the commission, the
commission and its officers, agents, and employees may not spend money for any purpose, other
than debt service, without an appropriation by the commission, and no obligation to make such
an expenditure shall be enforceable except as the obligation of the person or persons incurring
it. The creation of any debt obligation or the receipt of any federal or state grant is a sufficient
appropriation of the proceeds for the purpose for which it is authorized, and of the tax or other
revenues pledged to pay the obligation and interest on it whether or not specifically included
in any annual budget. After obtaining approval of the council, the commission may amend
the budget at any time by transferring any appropriation from one purpose to another, except
appropriations of the proceeds of bonds issued for a specific purpose.
    Subd. 4. Payment of council costs. The commission shall comply with the provisions
of section 473.164.
    Subd. 5. Audit. The legislative auditor shall make an independent audit of the commission's
books and accounts once each year or as often as the legislative auditor's funds and personnel
permit. The costs of the audits shall be paid by the commission pursuant to section 3.9741. The
council may examine the commission's books and accounts at any time.
    Subd. 6. General. The commission shall receive and account for all tax and other
revenue of the commission and from the revenue shall provide, contract, and pay for proper
operation, administration, and maintenance of all of its property and facilities and shall maintain,
as authorized by resolutions of the council, reserves for major repairs, replacements, and
improvements and for working capital. The commission shall remit to the council for deposit in its
Metrodome debt service funds, at the times required by resolution of the council, the net revenue
attributable to the Metrodome in excess of these requirements and for deposit in its basketball and
hockey arena debt service fund or funds, at the times required by resolution of the council, the net
revenue attributable to the basketball and hockey arena in excess of these requirements.
    Subd. 7. Sale of seats. The commission may sell seats in any multipurpose sports facility
constructed after June 30, 1979 at prices and subject to conditions consistent with this section.
Ownership of a seat shall give the owner first preference for purchase of a season ticket of
admission for professional sports exhibitions with a right to be seated in the owned seat. An owner
may sell or otherwise transfer the rights on whatever terms the owner chooses. Rights to a seat
may not be divided. No fee may be charged for a transfer of ownership of a seat. The commission
may charge a maintenance fee not exceeding $10 per year for each seat.
History: 1977 c 89 s 12; 1979 c 203 s 12,13; 1979 c 303 art 10 s 14; 1984 c 502 art 14 s 15;
1984 c 638 s 4; 1986 c 444; 1994 c 628 art 3 s 201; 1994 c 648 art 1 s 12; 1995 c 236 s 18

473.5955 TERMINATION OF LEASE.
The lease between the Board of Regents of the University of Minnesota and the commission
dated May 19, 1982, that requires the University of Minnesota football team to play its home
football games at the Hubert H. Humphrey Metrodome until July 1, 2012, may be terminated
by the board and the commission effective on or after the date designated by the board as the
date of completion of the stadium on the University of Minnesota's east bank campus in the
city of Minneapolis.
History: 2006 c 247 s 15

473.596 HIGHWAY USER TAX FUND FOR METRODOME ACCESS; LIMITS.
No money derived from the highway user tax distribution fund shall be used to construct,
relocate, or improve any streets, highways, or other public thoroughfares, except ones included
in the municipal state aid street system established pursuant to article XIV, section 4, of
the Minnesota Constitution if such work is done in order to provide or improve access to
the metrodome constructed pursuant to sections 473.551 to 473.595. The commissioner of
transportation shall determine whether expenditures are in violation of this section.
History: 1979 c 203 s 14; 1980 c 608 s 2; 1994 c 648 art 1 s 13

473.597 [Repealed, 1982 c 501 s 26]

473.598 ARENA ACQUISITION.
    Subdivision 1. Commission determination. The commission shall first determine whether
to pursue negotiations to acquire the basketball and hockey arena.
    Subd. 2. Examination and disclosure of loan terms. Before making a final decision to
acquire the basketball and hockey arena, the commission must obtain and examine all the terms,
conditions, covenants, and other provisions of any loan agreements between the owners of the
arena and third parties that provided financing secured by mortgages on or other security interests
in the basketball and hockey arena. These terms specifically include any agreements that require a
professional team affiliated with the owner to lease or use the arena or that restrict or limit the
authority of the team owners or affiliates to relocate the team. The commission shall make the
terms of the agreements available for public inspection.
    Subd. 3. Commission proposal. (a) If the commission makes a final determination to acquire
the basketball and hockey arena, the commission may then submit to the Metropolitan Council a
proposal to bond for and acquire the basketball and hockey arena. The commission's proposal
shall contain all information deemed appropriate or necessary by the council to its determinations
pursuant to section 473.599, subdivision 4. The commission, in preparing the proposal for the
council, shall require of the sellers and of the professional teams that are potential lessees or other
potential lessees and all of their affiliated entities any and all data relevant to the acquisition,
financing, ownership, and operation of the basketball and hockey arena, including, but not limited
to, contracts, agreements, profit and loss statements, annual audit statements and balance sheets.
The commission shall contract with an independent, nationally recognized firm of certified public
accountants to perform due diligence and provide an economic feasibility study or report with
regard to the data received by the commission from the sellers, the potential lessees, and affiliated
entities. In evaluating whether to acquire the basketball and hockey arena, the commission shall
consider among other factors, (a) total capital and operating costs of the basketball and hockey
arena to the commission and total commission revenues from the basketball and hockey arena
over the expected life of the facility, including any contributions by the state, local units of
government or other organizations, (b) the total governmental costs associated with the acquisition
and operation of the basketball and hockey arena, including the cost to all units and agencies of
government as well as the costs to the commission, (c) the net gain or loss of taxes to the state and
all local government units, and (d) economic and other benefits accruing to the public.
(b) Before submitting its proposal to the Metropolitan Council under paragraph (a), the
commission shall submit the proposal to the Department of Finance for review, evaluation, and
comment. Any data which is not public data under subdivision 4 shall remain not public data
when given to the Department of Finance.
    Subd. 4. Treatment of data. (a) Except as specifically provided in this subdivision, all data
received by the commission or council in the course of its negotiations and acquisition of the
basketball and hockey arena is public data.
(b) The commission may keep confidential data received or prepared by its accountants or
counsel for purposes of negotiations with existing or potential lessees of the basketball and
hockey arena. That data shall be confidential data on individuals under section 13.02, subdivision
3 , or protected nonpublic data under section 13.02, subdivision 13, as the case may be, unless
the commission determines that public release of the data would advance the negotiations, or
until the potential lessees have executed agreements with the commission or the negotiations
are unfavorably concluded.
(c) The following data shall be private data on individuals under section 13.02, subdivision
12 , or nonpublic data under section 13.02, subdivision 9, as the case may be:
(1) data received by the commission or council from the present lessees or potential lessees
of the basketball and hockey arena which if made public would, due to the disclosure, permit a
competitive economic advantage to other persons;
(2) data relating to affiliated entities of the parties referred to in subdivision 3 which is not
relevant to the due diligence and economic feasibility study referred to under subdivision 3; and
(3) data on individuals which is not relevant to the finances of the basketball and hockey
arena or useful to demonstrate the financial ability of the potential lessees of the arena to perform
their agreements with the commission.
(d) For purposes of this subdivision, the terms "commission" and "council" include their
members and employees, accountants, counsel, and consultants and the firm of independent
certified public accountants to be engaged under subdivision 2.
(e) Notwithstanding the exceptions in this subdivision, summary data which demonstrates
the financial ability of the lessees and potential lessees of the basketball and hockey arena to
perform their obligations under agreements with the commission and data which relates in any
way to the value of the basketball and hockey arena and the amount by which the owners'
investment in the arena, including debt obligations, exceeds the commission's payments to and
assumption of the owners' debt obligations, shall be public data.
    Subd. 5. Hockey agreement. The commission shall exercise its best efforts, consistent
with its other obligations under sections 473.551 to 473.599 to attempt to secure an agreement
with a major league professional hockey organization to play its home games at the basketball
and hockey arena.
History: 1994 c 648 art 1 s 14; 1995 c 186 s 88; 1997 c 7 art 2 s 60

473.599 DEBT OBLIGATIONS.
    Subdivision 1. Revenues. It is the intent of the legislature that the commission shall, to the
maximum extent possible consistent with the provisions of this section, impose rates, rentals,
and other charges in the operation of the basketball and hockey arena which together with
the admissions tax and surcharge provided in section 473.595, subdivision 1a, will make the
basketball and hockey arena self-supporting so that the taxes imposed under section 473.592 for
the basketball and hockey arena will be at the lowest possible rate consistent with the obligations
of the city of Minneapolis as provided in sections 473.551 to 473.599.
    Subd. 2. Bonds. The council shall by resolution authorize the sale and issuance of its bonds
for any of the following purposes upon its determination that the conditions of subdivision 4
have been met:
(a) To provide funds for the acquisition or betterment of the basketball and hockey arena
by the commission pursuant to sections 473.598 and 473.599;
(b) To refund bonds issued under this section; and
(c) To fund judgments entered by any court against the commission or against the council in
matters relating to the basketball and hockey arena.
    Subd. 3. Procedure. The bonds shall be sold, issued, and secured in the manner provided in
chapter 475 for bonds payable solely from revenues, except as otherwise provided in sections
473.551 to 473.599, and the council shall have the same powers and duties as a municipality and
its governing body in issuing bonds under chapter 475. The council may pledge for the payment
of the bonds the net revenues of the commission arising from the commission's operation of the
basketball and hockey arena, the tax provided by section 473.592 for the basketball and hockey
arena, and the admission tax and surcharge authorized in section 473.595, subdivision 1a. The
bonds may be sold at any price and at public or private sale as determined by the council. They
shall be payable solely from tax and other revenues referred to in sections 473.551 to 473.599,
and shall not be a general obligation or debt of the council or of the commission, and shall not be
included in the net debt of any city, county, or other subdivision of the state for the purpose of any
net debt limitation, but nothing in this section shall affect the obligation of the city of Minneapolis
to levy a tax pursuant to an agreement made under the provisions of section 473.592. No election
shall be required. The principal amount shall not be limited except as provided in subdivision 4.
    Subd. 4. Limits. The principal amount of the bonds issued pursuant to subdivision 2, clause
(a), exclusive of any original issue discount, shall not exceed the total amount of $42,000,000
plus such amount as the council determines necessary to pay the costs of issuance, fund reserves
for operation and debt service, and pay for any bond insurance or other credit enhancement. The
bonds may be issued as tax-exempt revenue bonds or as taxable revenue bonds in the proportions
that the commission may determine. The proceeds of the bonds issued pursuant to subdivision
2, clause (a), shall be used only for acquisition and betterment of sports facilities suitable for
a basketball and hockey arena and the arena land and the related purposes referred to in this
subdivision, and for reimbursement of any expenses of the commission related to its determination
of whether to acquire the basketball and hockey arena, whenever incurred. The council shall issue
its bonds pursuant to subdivision 2, clause (a), and the commission may acquire the basketball
and hockey arena and the arena land when the council has made the following determinations:
(a) The commission, the city of Minneapolis or the Minneapolis Community Development
Agency, or any or all of them, as the commission may deem appropriate, has executed agreements
with a major league professional basketball organization to use the arena for all scheduled regular
season home games and play-off home games, and for at least one of its exhibition games played
each season. The agreements shall be for a period of 30 years. The agreements may contain
provisions negotiated with the organization which provide for earlier termination of the use of
the basketball and hockey arena by the commission upon conditions related to and limited to the
bankruptcy or insolvency of the organization. The agreements shall afford to the commission, the
city of Minneapolis, or the Minneapolis Community Development Agency, or each or all of them,
as the commission deems appropriate, the remedies that are deemed necessary and appropriate
to provide reasonable assurances that the major league professional basketball organization or
another major league professional basketball organization shall comply with the agreements. The
remedies shall include the payment of liquidated damages equivalent to direct and consequential
damages incurred by reason of the breach of the agreements and any additional remedies or
security arrangements the commission reasonably determines to be effective in accomplishing the
purposes of this paragraph. The damages payment may be payable in a lump sum or in installments
as the commission may deem appropriate. The commission may require that the agreements
include other terms and conditions to provide reasonable assurances that the major league
professional basketball team or a successor major league professional basketball team will play
the required games at the basketball and hockey arena during the 30-year term of the agreements,
or, in the event of a breach, to assure the payment of the required damages. The agreements shall
address contingencies that may arise in the event of change of ownership of the professional
teams. The agreements with the professional basketball organization for the use of the basketball
and hockey arena shall provide for arrangements which the commission may deem necessary
or appropriate to accommodate a future agreement between the commission and a professional
hockey organization to occupy the basketball and hockey arena, consistent with this section.
(b) The commission has exercised its reasonable efforts to obtain assurances and/or
agreements from the professional basketball major league to the extent permitted under applicable
federal and state law, that it will not approve the relocation of the major league professional
basketball organization if the relocation is in violation of the terms of the agreements referred
to in paragraph (a).
(c) The professional basketball team has provided information sufficient to satisfy the council
and the commission of the team's ability to comply with the terms of the 30-year lease.
(d) The proceeds of bonds provided for in this subdivision will be sufficient for the purposes
for which they are issued.
(e) The commission has acquired, or has contracted to acquire, (i) leasehold title to the
arena land together with the estate of the tenant and other rights demised under the ground lease,
subject to amendment as provided in clause (o), (ii) ownership of all real and personal property
comprising the basketball and hockey arena, and (iii) all easements, appurtenances and other
rights, title, or interest deemed by the commission necessary or desirable in connection with the
acquisition, financing, ownership, and operation of the basketball and hockey arena.
(f) The percentage of the private boxes provided for in the commission's proposal for the
basketball and hockey arena are sold or leased for the period that the commission finds advisable.
(g) The anticipated admission taxes and surcharges and other revenue from the operation of
the basketball and hockey arena will be sufficient to pay when due all basketball and hockey arena
debt service plus all administration, operating and maintenance expense of the arena.
(h) The city of Minneapolis has entered into an agreement as contemplated in clause (n) and
an agreement or agreements as contemplated in section 473.592 with respect to the basketball
and hockey arena.
(i) The council has entered into an agreement with the brokerage firm or brokerage firms to
be used in connection with the issuance and sale of the bonds guaranteeing that fees and charges
payable to the brokerage firm or firms in connection therewith, including any underwriting
discounts, shall not exceed fees and charges customarily payable in connection with the issuance
and sale of bonds secured by the pledge of the full faith and credit of the city of Minneapolis.
The validity of any bonds issued under subdivision 2, clause (a), and the obligations of
the council and commission related to them, shall not be conditioned upon or impaired by the
council's determination made pursuant to this subdivision. For purposes of issuing the bonds
the determinations made by the commission and council shall be deemed conclusive, and the
council shall be and remain obligated for the security and payment of the bonds irrespective of
determinations which may be erroneous, inaccurate, or otherwise mistaken.
(j) The commission has entered into arrangements with any other persons to create a
condominium or leasehold condominium, or common interest community or leasehold common
interest community, with respect to the building containing the basketball and hockey arena,
including the arena playing and spectator areas, and all other portions of the building, and
together with the arena land and all other related improvements, easements and other appurtenant
and ancillary property and property rights. The Minneapolis Community Development Agency
in its capacity as ground lease landlord may be a party to the condominium or common
interest community declaration. The condominium or common interest community declaration
shall establish the portion of the building containing the health club as a separate unit of the
condominium or common interest community, and the commission shall have entered into an
agreement or agreements with a private sports and health club organization which shall require
that the organization shall purchase or retain ownership of the unit with its own funds and at
no cost or expense to the commission, and that the organization shall pay for all utility and
other operating costs and expenses including allocated common expenses and pay ad valorem
property taxes for the unit. The condominium or common interest community declaration may
also establish other units in the condominium or common interest community which shall include
the arena playing and spectator areas and may also include office space, restaurant space, locker
rooms, private spectator suites or boxes, signage, and other areas, and may also establish common
elements, limited common elements and other easements and interests as the commission deems
necessary or appropriate. The agreement or agreements between the commission and the private
sports and health club organization may also address additional matters which may be the subject
of the bylaws or other agreements or arrangements among unit owners of condominiums or
common interest communities, either as part of, or separately from, the provisions of chapter
515A or 515B, or any other items as may be ordinarily and customarily negotiated between the
commission and the organization.
(k) The private sports and health club organization has executed an assessment agreement
pursuant to section 469.177, subdivision 8, obligating payment of ad valorem taxes based on a
minimum market value of the health club of at least $10,000,000 with the city of Minneapolis or
the Minneapolis Community Development Agency.
(l) The commission has executed an agreement requiring the commission to remit annually
to the Minneapolis Community Development Agency or appropriate agency an amount which
together with any ad valorem taxes or other amounts received by the city of Minneapolis or the
Minneapolis Community Development Agency from the health club as tax increments equals the
debt service required by the tax increment district attributable to the basketball and hockey arena
until the current outstanding indebtedness or any refunding thereof has been paid or retired.
(m) The development agreement shall be amended:
(i) so that no payments are due to the city of Minneapolis or the Minneapolis Community
Development Agency from the commission or any other person with respect to the sale, ownership
or operation of the basketball and hockey arena, except as provided in clauses (k), (l), and (n); and
(ii) to confirm the satisfactory performance of the obligations of the parties to the
development agreement on the effective date of the commission's acquisition; provided, that
the city of Minneapolis and the Minneapolis Community Development Agency shall not be
required to release any claim they may have under the development agreement with respect to
the operations or sale of the health club (except as such claim may arise from the commission's
acquisition of the basketball and hockey arena and the contemporaneous sale or transfer of the
health club to those persons who own the basketball and hockey arena and the health club on the
date of the commission's acquisition) or from the operations or sale of the professional basketball
organization occupying the basketball and hockey arena or the security they may have under the
development agreement or the ground lease to assure its performance, pursuant to the guaranty of
the guarantors in the event of any default of the commission under the ground lease, or of the
owners of the health club with respect to the payment of ad valorem taxes or any payment due
from them under the development agreement as amended in accordance with the provisions
of this subdivision.
(n) The commission has executed an agreement with the city of Minneapolis providing that
for so long as the commission owns the basketball and hockey arena the city shall not impose any
entertainment tax or surcharge on tickets purchased for any and all events at the basketball and
hockey arena. The agreement may also provide that the commission shall compensate the city for
the forbearance of the entertainment tax in effect on the effective date of Laws 1994, chapter 648,
plus accrued interest, after payment of basketball and hockey arena debt service, the necessary
and appropriate funding of debt reserve of the basketball and hockey arena and all expenses of
operation, administration, and maintenance, and the funding of a capital reserve for the repair,
remodeling and renovation of the basketball and hockey arena. The required funding of the capital
reserve shall be in an amount mutually agreed to by the commission and the city.
(o) The ground lease shall be amended by the Minneapolis Community Development
Agency to the reasonable satisfaction of the commission to provide:
(i) that the commission's sole financial obligation to the landlord shall be to make the
payment provided for in clause (1) from the net revenues of the commission attributable to the
operation of the basketball and hockey arena;
(ii) that the term of the lease shall be 99 years;
(iii) that the commission shall have the option to purchase the arena land upon the payment
of $10 at any time during the term of the ground lease, but, unless otherwise agreed to by the
Minneapolis Community Development Agency, only after the payment or retirement of the
general obligation tax increment bonds previously issued by the city of Minneapolis to assist in
financing the acquisition of the arena land; and
(iv) other amendments as the commission deems necessary and reasonable to accomplish its
purposes as provided in sections 473.598 and 473.599.
(p) The commission has received a report or reports by qualified consultants on the basketball
and hockey arena, the health club and the arena land, based on thorough inspection in accordance
with generally accepted professional standards and any correction, repair, or remediation
disclosed by the reports has been made to the satisfaction of commission.
    Subd. 5. Security. To the extent and in the manner provided in sections 473.592 and
473.595, the taxes described in section 473.592 for the basketball and hockey arena, the tax,
surcharge and other revenues of the commission described in section 473.595, subdivision
1a , attributable to the basketball and hockey arena and any other revenues of the commission
attributable to the basketball and hockey arena shall be and remain pledged and appropriated for
the purposes specified in Laws 1994, chapter 648, article 1, and for the payment of all necessary
and reasonable expenses of the operation, administration, maintenance, and debt service of the
basketball and hockey arena until all bonds referred to in section 473.599, subdivision 2, are
fully paid or discharged in accordance with law. Bonds issued pursuant to this section may be
secured by a bond resolution, or by a trust indenture entered into by the council with a corporate
trustee within or outside the state, which shall define the tax and other revenues pledged for the
payment and security of the bonds. The pledge shall be a valid charge on the tax, surcharge and
other revenues attributable to the basketball and hockey arena referred to in sections 473.592,
473.595, subdivision 1a, 473.598, and 473.599 from the date when bonds are first issued or
secured under the resolution or indenture and shall secure the payment of principal and interest
and redemption premiums when due and the maintenance at all times of a reserve securing the
payments. No mortgage of or security interest in any tangible real or personal property shall be
granted to the bondholders or the trustee, but they shall have a valid security interest in all tax and
other revenues received and accounts receivable by the commission or council under sections
473.592 to the extent of the tax imposed as security for the debt service of the basketball and
hockey arena, 473.595, subdivision 1a, 473.598, and 473.599, as against the claims of all other
persons in tort, contract, or otherwise, irrespective of whether the parties have notice of them,
and without possession or filing as provided in the Uniform Commercial Code or any other law.
In the bond resolution or trust indenture the council may make the covenants, which shall be
binding upon the commission, as are determined to be usual and reasonably necessary for the
protection of the bondholders. No pledge, mortgage, covenant, or agreement securing bonds may
be impaired, revoked, or amended by law or by action of the council, commission, or city, except
in accordance with the terms of the resolution or indenture under which the bonds are issued, until
the obligations of the council under the resolution or indenture are fully discharged.
    Subd. 6. Revenue anticipation certificates. After approval by the council and final adoption
by the commission of an annual budget of the commission for operation, administration, and
maintenance of the basketball and hockey arena, and in anticipation of the proceeds from the taxes
under section 473.592 and the revenues of the commission provided for in the budget, but subject
to any limitation or prohibition in a bond resolution or indenture, the council may authorize the
issuance, negotiation, and sale, in the form and manner and upon the terms that it may determine,
of revenue anticipation certificates. The principal amount of the certificates outstanding shall at
no time exceed 25 percent of the total amount of the tax and other revenues anticipated. The
certificates shall mature not later than three months after the close of the budget year. Prior to the
approval and final adoption of the annual budget of the commission, the council may authorize
revenue anticipation certificates under this subdivision. So much of the anticipated tax and other
revenues as may be needed for the payment of the certificates and interest on them shall be paid
into a special debt service fund established for the certificates in the council's financial records. If
for any reason the anticipated tax and other revenues are insufficient, the certificates and interest
shall be paid from the first tax, surcharge and other revenues received attributable to the basketball
and hockey arena, subject to any limitation or prohibition in a bond resolution or indenture. The
proceeds of the certificates may be used for any purpose for which the anticipated revenues or
taxes may be used or for any purpose for which bond proceeds under subdivision 2 may be used.
    Subd. 7. Arena free of mortgages, liens, and obligations. With the exception of the
obligations imposed by sections 473.598 and 473.599, the commission shall not assume any notes,
pledges, mortgages, liens, encumbrances, contracts, including advertising contracts or marquee
agreements, or other obligations upon acquisition of the basketball and hockey arena or the
arena land, including but not by way of limitation, management or concession agreements. Upon
acquisition by the commission, the basketball and hockey arena and the arena land shall be free of
all liens and encumbrances, including the foregoing but excluding the easements and rights-of-way
that the commission shall determine do not materially impair or affect its ownership and operation
of the basketball and hockey arena. Upon acquisition, the commission shall, through a process
involving statewide public participation, select a name for the basketball and hockey arena. In the
process of selecting the name, the commission shall consider its obligation under section 473.599,
subdivision 1 , but that obligation must not be the principal consideration in making the selection.
    Subd. 8. Reimbursement to state. The commission shall compensate the state for its
contribution from the general fund under section 240A.08, plus accrued interest, after payment
of basketball and hockey arena debt service, the necessary and appropriate funding of debt
reserve of the basketball and hockey arena and all expenses of operation, administration, and
maintenance and the funding of a capital reserve for the repair, remodeling and renovation of the
basketball and hockey arena. Compensation paid to the state shall occur at the same time that
compensation is paid to the city of Minneapolis, as provided in paragraph (n) of subdivision 4,
on a basis proportionate to the amount of forbearance of the entertainment tax or surcharge as
provided in paragraph (n) to that date, and the amount of general fund appropriations paid by the
state under section 240A.08 to that date. No reimbursement will be paid under this subdivision
after (1) the aggregate amount of the appropriations granted under section 240A.08 to that time,
plus accrued interest, has been reimbursed under this subdivision, or (2) December 31, 2024,
whichever is earlier.
History: 1994 c 648 art 1 s 15; 1995 c 186 s 89

473.5995 FOOTBALL STADIUM ACCOUNT.
    Subdivision 1. Creation. A football stadium account is created in the special revenue fund in
the state treasury. On July 1, 2002, the Metropolitan Sports Facilities Commission must deposit
$500,000 from its cash reserves in the football stadium account.
    Subd. 2. Transfer; sale of the Metrodome. Upon sale of the Metrodome, the Metropolitan
Sports Facilities Commission must transfer the net sales proceeds as follows:
(1) $5,000,000 to Hennepin County to offset expenditures for grants for capital improvement
reserves for a ballpark under section 473.757; and
(2) the remainder to the football stadium account to be used to pay debt service on bonds
issued to pay for the construction of a football stadium for the Minnesota Vikings.
History: 2002 c 397 s 4; 2006 c 257 s 4

AIRPORTS

473.601 DEFINITIONS.
    Subdivision 1. Terms. The following words, terms and phrases shall, for the purposes of
sections 473.601 to 473.679 be given the meanings subjoined to them.
    Subd. 2. Commission and corporation. "Commission" and "corporation" each means
a metropolitan airports commission, organized and existing under the provisions of sections
473.601 to 473.679.
    Subd. 3. City council or council. "City council" or "council" means the governing body of
each of the cities of Minneapolis and St. Paul.
    Subd. 4. Commissioner. "Commissioner" means a person appointed or otherwise selected
as, and, after qualification, acting as, a member of the corporation.
    Subd. 5. The commissioners. "The commissioners" means a quorum of the members of the
corporation, acting as the governing body of the corporation.
    Subd. 6. City or each city. "City" or "each city" means one of the cities of Minneapolis
and St. Paul.
History: 1975 c 13 s 94; 1986 c 444

473.602 DECLARATION OF PURPOSES.
It is the purpose of sections 473.601 to 473.679 to:
(1) promote the public welfare and national security; serve public interest, convenience, and
necessity; promote air navigation and transportation, international, national, state, and local, in
and through this state; promote the efficient, safe, and economical handling of air commerce;
assure the inclusion of this state in national and international programs of air transportation; and
to those ends to develop the full potentialities of the metropolitan area in this state as an aviation
center, and to correlate that area with all aviation facilities in the entire state so as to provide for
the most economical and effective use of aeronautic facilities and services in that area;
(2) assure the residents of the metropolitan area of the minimum environmental impact from
air navigation and transportation, and to that end provide for noise abatement, control of airport
area land use, and other protective measures; and
(3) promote the overall goals of the state's environmental policies and minimize the public's
exposure to noise and safety hazards around airports.
To achieve these purposes, the corporation shall cooperate with and assist the Metropolitan
Council, the federal government, the commissioner of transportation of this state, the Pollution
Control Agency, and others engaged in aeronautics or the promotion and regulation of aeronautics
and shall seek to coordinate its activities with the aeronautical activities of these bodies.
History: 1975 c 13 s 95; 1976 c 166 s 7; 1988 c 664 s 1

473.6021 PUBLIC NECESSITY AND PURPOSE FOR BONDS.
In order to accomplish the public purposes set forth in section 473.602; to encourage and
facilitate the retention and expansion of airline corporations' facilities, operations, and services
in the metropolitan area and the state; to prevent the loss of jobs and encourage and promote
the creation of additional jobs in the state in the airline industry and in other businesses in the
state served or affected by the airline industry; to promote the continued growth, and reduce the
potential for and effects of a decline of economic activity in the metropolitan area and the state;
and to ensure the preservation, growth, and diversification of the tax base of the metropolitan area
and the state; it is necessary and appropriate and in the public interest to authorize the commission
to take the actions described in section 473.667, subdivision 11, and Laws 1991, chapter 350,
article 2, section 3.
History: 1991 c 350 art 2 s 2

473.603 BASIC METROPOLITAN AIRPORTS COMMISSION LAW IS HERE.
    Subdivision 1. Public corporation. For the purposes provided in sections 473.601 to
473.679 the Metropolitan Airports Commission has been created as a public corporation.
    Subd. 1a. Also in Laws 1974, chapter 455. Except as provided otherwise in Laws 1974,
chapter 455, the existence and the powers, responsibilities, rights, and obligations of this
corporation are confirmed and extended in accordance with the provisions of those sections, as
they now exist and as they are now and may hereafter be amended and supplemented.
    Subd. 2. Organization, structure, administration. The commission shall be organized,
structured and administered as provided in sections 473.601 to 473.679.
History: 1975 c 13 s 96

473.604 MEMBERSHIP, GOVERNMENT.
     Subdivision 1. Composition. The commission consists of:
     (1) the mayor of each of the cities, or a qualified voter appointed by the mayor, for the
term of office as mayor;
     (2) eight members, appointed by the governor, one from each of the following agency
districts:
     (i) district A, consisting of council districts 1 and 2;
     (ii) district B, consisting of council districts 3 and 4;
     (iii) district C, consisting of council districts 5 and 6;
     (iv) district D, consisting of council districts 7 and 8;
     (v) district E, consisting of council districts 9 and 10;
     (vi) district F, consisting of council districts 11 and 12;
     (vii) district G, consisting of council districts 13 and 14; and
     (viii) district H, consisting of council districts 15 and 16.
Each member shall be a resident of the district represented. For appointments after June 2, 2006, a
member must have resided in the district for at least six months and in the state for at least one
year immediately preceding the appointment. The terms of the members from districts A, B, F,
and H expire on January 1, 2007. The terms of the members from districts C, D, E, and G expire
on January 5, 2009. The successors of each member must be appointed to four-year terms. Before
making an appointment, the governor shall consult with each member of the legislature from
the district for which the member is to be appointed, to solicit the legislator's recommendation
on the appointment;
     (3) four members appointed by the governor from outside of the metropolitan area to reflect
fairly the various regions and interests throughout the state that are affected by the operation of
the commission's major airport and airport system. Two of these members must be residents of
statutory or home rule charter cities, towns, or counties containing an airport designated by the
commissioner of transportation as a key airport. The other two must be residents of statutory or
home rule charter cities, towns, or counties containing an airport designated by the commissioner
of transportation as an intermediate airport. The members must be appointed by the governor as
follows: one for a term of one year, one for a term of two years, one for a term of three years, and
one for a term of four years. All of the terms start on July 1, 1989. The successors of each member
must be appointed to four-year terms commencing on the first Monday in January of each fourth
year after the expiration of the original term. Before making an appointment, the governor shall
consult each member of the legislature representing the municipality or county from which the
member is to be appointed, to solicit the legislator's recommendation on the appointment; and
     (4) a chair appointed by the governor for a term of four years. The chair may be removed at
the pleasure of the governor.
    Subd. 2. Terms of office. Each mayor, or any voter appointed by the mayor instead, shall
serve as a commissioner for the term of office of such mayor. The office of any commissioner who
is a member of a city council or board shall become vacant when for any reason the commissioner
ceases to hold the city office to which elected, and the office of any commissioner shall become
vacant upon the occurrence of any event referred to in section 351.02. Except as provided in the
preceding sentences of this subdivision, each commissioner shall serve until a successor is duly
appointed and has qualified. Any vacancy in the office of a commissioner shall immediately be
filled for the unexpired term, and in such case, or when the term of a commissioner expires, a
successor shall be chosen in the same manner as was the predecessor, and the appointment shall
be evidenced in the same manner.
    Subd. 3. Resolution of appointment; oath. The clerk, secretary, or other appropriate official
of each appointing public body shall immediately file with the secretary of state a certified copy
of each resolution appointing commissioners. The city clerk of each city, upon the election and
qualification of each new mayor thereof, shall file with the secretary of state a certificate stating
the mayor's full name and address, and that such mayor has elected to act as a commissioner, or, in
the event such mayor has appointed some other qualified voter instead, shall file a certified copy
of the order of the mayor appointing such commissioner. The governor shall file appointments in
the same office. Each person selected as a commissioner shall thereupon file in the same office the
oath of office prescribed by the state Constitution, article V, section 5, subscribed by the person
and certified by the officer administering the same.
    Subd. 4. Governor's appointments to vacancies. Should any of the said appointments not
be made within 60 days after the commencement of the term for which it is to be made, the
governor shall upon the request of the chair select and appoint such commissioners as have
not been so designated. Any commissioner so appointed by the governor shall be a legal voter
of the city, county, or precinct for which appointed. Upon filing the oath of office required by
subdivision 3, the appointee shall have all the rights, privileges, and powers of a commissioner
duly appointed as provided in subdivision 2. If thereafter any vacancy in the office of a
commissioner shall not be promptly filled, the governor may upon request of the chair proceed as
in this subdivision provided.
    Subd. 5. Meetings. The commission shall meet regularly at least once each month, at such
time and place as the commission shall by resolution designate. Special meetings may be held at
any time upon the call of the chair or any two other members, upon written notice sent by certified
mail to each member at least three days prior to the meeting, or upon such other notice as the
commission may by resolution provide, or without notice if each member is present or files with
the secretary a written consent to the meeting either before or after the meeting. Unless otherwise
provided, any action within the authority of the commission may be taken by the affirmative vote
of a majority of all the members. A majority of all of the members of the commission shall
constitute a quorum, but a lesser number may meet and adjourn from time to time and compel
the attendance of absent members.
    Subd. 6. Audit. The legislative auditor shall audit the books and accounts of the commission
once each year or as often as the legislative auditor's funds and personnel permit. The commission
shall pay the total cost of the audit pursuant to section 3.9741.
    Subd. 7.[Repealed, 1996 c 305 art 1 s 106]
History: 1975 c 13 s 97; 1976 c 2 s 172; 1983 c 171 s 1; 1984 c 638 s 5; 1986 c 444; 1987 c
223 s 1; 1987 c 278 s 20,21; 1989 c 279 s 2; 1993 c 314 s 6; 1994 c 628 art 3 s 202; 2006 c 261 s 4

473.605 ORGANIZATION; CORPORATE SEAL; BYLAWS.
    Subdivision 1. Also rules, meetings. The commissioners shall adopt a corporate seal and
shall adopt bylaws for the regulation of the affairs of the corporation and rules of procedure
governing their actions, not inconsistent with law. The bylaws shall provide for regular meetings
of the corporation to be held at least once in each month and for special meetings.
    Subd. 2. Per diem, expenses; exception. Each commission member shall receive $50 per
diem compensation and be reimbursed for actual and necessary expenses. The chair shall receive
a salary as prescribed in section 15A.0815 and shall be reimbursed for reasonable expenses to
the same extent as a member. The mayors and members of the city councils of Minneapolis and
St. Paul shall not be eligible for per diem compensation. The annual budget of the commission
shall provide as a separate account anticipated expenditures for per diem, travel, and associated
expenses for the chair and members, and compensation or reimbursement shall be made to the
chair and members only when budgeted.
    Subd. 3. Removal. The removal of residence of any commissioner from the area from which
appointed or otherwise selected as a representative shall operate as a resignation of office. Any
commissioner may be removed from office by the appointing body or person for misfeasance,
malfeasance, or nonfeasance in office, upon written charges and after an opportunity to be heard
in defense of the charges.
History: 1975 c 13 s 98; 1977 c 417 s 1,2; 1Sp1985 c 13 s 356; 1986 c 444; 1989 c 209 art 1
s 56; 1990 c 460 s 3; 1994 c 628 art 3 s 203; 2Sp1997 c 3 s 18

473.606 OFFICERS.
    Subdivision 1. At pleasure; compensation. The corporation shall elect from its membership
a vice-chair and shall elect a secretary and a treasurer, who may or may not be one of the
commissioners. The vice-chair, the secretary, and the treasurer shall hold office at the pleasure
of the corporation, and the secretary and the treasurer, if not a commissioner, shall receive
compensation as determined by the corporation.
    Subd. 2. Chairs, secretary. The chair, vice-chair, and secretary shall have such powers and
perform such duties as may be given or imposed upon them by sections 473.601 to 473.679, or
by the bylaws of the corporation.
    Subd. 3. Treasurer; investments. The treasurer shall receive and be responsible for all
moneys of the corporation, from whatever source derived, and the same shall be considered
public funds. The treasurer shall disburse the moneys of the corporation only on orders made by
the executive and operating officer, herein provided for, countersigned by such other officer or
such employee of the corporation as may be authorized and directed so to do by the corporation,
showing the name of the claimant and the nature of the claim. No disbursement shall be certified
by such officers until the same have been approved by said commissioners at a meeting thereof.
Whenever the executive director of the corporation shall certify, pursuant to action taken by
the commissioners at a meeting thereof, that there are moneys and the amount thereof in the
possession of the treasurer not currently needed, then the treasurer may invest said amount or
any part thereof in:
(a) Treasury bonds, certificates of indebtedness, bonds or notes of the United States of
America, or bonds, notes or certificates of indebtedness of the state of Minnesota, all of which
must mature not later than three years from the date of purchase.
(b) Bonds, notes, debentures or other obligations issued by any agency or instrumentality of
the United States or any securities guaranteed by the United States government, or for which the
credit of the United States is pledged for the payment of the principal and interest thereof, all of
which must mature not later than three years from date of purchase.
(c) Commercial paper of prime quality, or rated among the top third of the quality categories,
not applicable to defaulted paper, as defined by a nationally recognized organization which rates
such securities as eligible for investment in the state employees retirement fund except that any
nonbanking issuing corporation, or parent company in the case of paper issued by operating utility
or finance subsidiaries, must have total assets exceeding $500,000,000. Such commercial paper
may constitute no more than 30 percent of the book value of the fund at the time of purchase, and
the commercial paper of any one corporation shall not constitute more than four percent of the
book value of the fund at the time of such investment.
(d) Any securities eligible under the preceding provisions, purchased with simultaneous
repurchase agreement under which the securities will be sold to the particular dealer on a specified
date at a predetermined price. In such instances, all maturities of United States government
securities, or securities issued or guaranteed by the United States government or an agency
thereof, may be purchased so long as any such securities which mature later than three years from
the date of purchase have a current market value exceeding the purchase price by at least five
percent on the date of purchase, and so long as such repurchase agreement involving securities
extending beyond three years in maturity be limited to a period not exceeding 45 days.
(e) Certificates of deposit issued by any official depository of the commission. The
commission may purchase certificates of deposit from a depository bank in an amount exceeding
that insured by federal depository insurance to the extent that those certificates are secured by
collateral maintained by the bank in a manner as prescribed for investments of the State Board
of Investment.
(f) Securities approved for investment under section 118A.04.
Whenever it shall appear to the commissioners that any invested funds are needed for current
purposes before the maturity dates of the securities held, they shall cause the executive director
to so certify to the treasurer and it shall then be the duty of the treasurer to order the sale or
conversion into cash of the securities in the amount so certified. All interest and profit on said
investments shall be credited to and constitute a part of the funds of the commission. The treasurer
shall keep an account of all moneys received and disbursed, and at least once a year, at times to
be designated by the corporation, file with the secretary a financial statement of the corporation,
showing in appropriate and identifiable groupings the receipts and disbursements since the last
approved statements; moneys on hand and the purposes for which the same are appropriated;
and shall keep an account of all securities purchased as herein provided, the funds from which
purchased and the interest and profit which may have accrued thereon, and shall accompany the
financial statement aforesaid with a statement setting forth such account. The corporation may
pay to the treasurer from time to time compensation in such amount as it may determine to cover
clerk hire to enable the treasurer to carry out duties and those required in connection with bonds
issued by the corporation as in this act authorized.
    Subd. 4. Executive director. The corporation shall appoint an executive director, who
shall be the executive and operating officer of the corporation, shall serve at the pleasure of the
corporation, and shall receive compensation as determined by it. The director shall have had
experience as a business executive, preferably in connection with aviation and in the promotion of
business enterprises. Under the supervision of the corporation, the director shall be responsible
for the operation, management, and promotion of all activities with which the corporation is
charged, together with other duties prescribed by the corporation. The director shall have the
powers necessarily incident to the performance of duties and those other powers granted by the
corporation, but shall not have authority to incur liability or make expenditures on behalf of the
corporation without general or specific directions by the corporation, as shown by the bylaws or
minutes of a meeting thereof.
    Subd. 5. Employees, others, affirmative action; prevailing wage. The corporation
shall have the power to appoint engineers and other consultants, attorneys, and such other
officers, agents, and employees as it may see fit, who shall perform such duties and receive
such compensation as the corporation may determine, and be removable at the pleasure of the
corporation. The corporation shall adopt an affirmative action plan, which shall be submitted to
the appropriate agency or office of the state for review and approval. The plan shall include a
yearly progress report to the agency or office. Officers and employees of the corporation who
cannot qualify and participate in the municipal employees retirement fund under chapter 422A,
shall be separated from service at the retirement age applicable to officers or employees of the
state of Minnesota in the classified service of the state civil service as provided in section 43A.34,
or as the same may from time to time be amended, regardless of the provisions of the Veteran's
Preference Act. Whenever the corporation performs any work within the limits of a city of the
first class, or establishes a minimum wage for skilled or unskilled labor in the specifications or
any contract for work within one of the cities, the rate of pay to such skilled and unskilled labor
shall be the prevailing rate of wage for such labor in that city.
    Subd. 6. Suits, indemnification, premiums. The corporation may indemnify any
commissioner, officer, or employee for loss or expense arising or resulting from any claim made
because of bodily injury, death or property damage sustained by reason of performance of official
duties for the corporation, including bodily injury, death or property damage sustained by reason
of operation of a motor vehicle while performing official duties. It may defend any suit brought
against any such commissioner, officer, or employee to enforce any such claim and may settle any
such claim or suit and pay the amount of any such settlement or the amount of any final judgment
rendered against any such commissioner, officer, or employee on any such claim without first
requiring payment on it. It may pay the premium on any insurance policy which insures any
commissioner, officer, or employee of the corporation or any group of such commissioners,
officers, or employees against liability for injuries to person or property within the limitations
of this paragraph. It may take such action as may be necessary to bring the corporation and its
commissioners, officers, and employees within the provisions and limitations of chapter 170.
    Subd. 7. Waiver of governmental function defense. Any insurance contract covering such
risk shall contain, as a condition precedent, a clause or provision expressly waiving the defense,
by the insurer, that the corporation is engaged in a governmental function.
History: 1975 c 13 s 99; 1977 c 417 s 3,4; 1978 c 466 s 1; 1981 c 210 s 54; 1Sp1985 c 13 s
357; 1986 c 444; 1990 c 440 s 2; 1996 c 399 art 2 s 12

473.608 POWERS OF CORPORATION.
    Subdivision 1. General corporate powers, where exercised. The corporation, subject to the
conditions and limitations prescribed by law, shall possess all the powers as a body corporate
necessary and convenient to accomplish the objects and perform the duties prescribed by sections
473.601 to 473.679, including but not limited to those hereinafter specified. These powers, except
as limited by section 473.622, may be exercised at any place within 35 miles of the city hall of
either Minneapolis or St. Paul, and in the metropolitan area, and in the city of Duluth for the
purpose of owning, leasing, constructing, equipping, operating, borrowing money from the state
for, or otherwise arranging for financing the facility described in section 116R.02, subdivision 5.
    Subd. 1a. Loan terms, conditions. A state loan to finance the facility described in section
116R.02, subdivision 5, must be made on terms and conditions as the commissioner of finance,
the commissioner of employment and economic development, and the commission determine to
be appropriate. The state loan is not subject to and may not be counted against any limitation on
the principal amount of revenue bonds or general obligation revenue bonds that the commission
may issue under sections 473.601 to 473.679.
    Subd. 2. Getting airport property. It may acquire by lease, purchase, gift, devise, or
condemnation proceedings all necessary right, title, and interest in and to lands and personal
property required for airports and all other real or personal property required for the purposes
contemplated by sections 473.601 to 473.679, within the metropolitan area, pay therefor out
of funds obtained as hereinafter provided, and hold and dispose of the same, subject to the
limitations and conditions herein prescribed except that the corporation may not acquire by any
means lands or personal property for a major new airport. Title to any such property acquired by
condemnation or purchase shall be in fee simple, absolute, unqualified in any way, but any such
real or personal property or interest therein otherwise acquired may be so acquired or accepted
subject to any condition which may be imposed thereon by the grantor or donor and agreed
to by the corporation, not inconsistent with the proper use of the property by the corporation
for the purposes herein provided. Any properties, real or personal, acquired, owned, leased,
controlled, used, and occupied by the corporation for any of the purposes of sections 473.601 to
473.679, are declared to be acquired, owned, leased, controlled, used, and occupied for public,
governmental, and municipal purposes, and shall be exempt from taxation by the state or any of
its political subdivisions, except to the extent that the property is subject to the sales and use tax
under chapter 297A. Nothing contained in sections 473.601 to 473.679, shall be construed as
exempting properties, real or personal, leased from the Metropolitan Airports Commission to a
tenant or lessee who is a private person, association, or corporation from assessments or taxes.
    Subd. 2a. Coldwater Springs property. (a) The Metropolitan Airports Commission may
acquire property, consisting of approximately 27 acres in and around Coldwater Springs in
Hennepin County, from the Secretary of the Interior of the United States or any other federal
official or agency authorized to transfer the property. If the commission acquires the property,
the commission may convey all of its interest in the property, other than the interest permitted
to be retained under paragraph (b), to the commissioner of natural resources for park, green
space, or similar uses.
(b) To preserve its ability to conduct current or future aviation operations at the
Minneapolis-St. Paul International Airport and to protect the commission from potential liability
for those aviation operations, the commission may:
(1) retain an easement permitting overflight or another similar property interest in the
property; or
(2) impose restrictions on the transferred property's use that would be inconsistent with or
may create conflicts with aviation operations.
    Subd. 3. Eminent domain. It may exercise the power of eminent domain in the manner
provided by chapter 117 for the purpose of acquiring any property which it is herein authorized to
acquire by condemnation. The fact that the property so needed has been acquired by the owner
under power of eminent domain, or is already devoted to a public use, shall not prevent its
acquisition by such corporation by the exercise of the power of eminent domain herein conferred.
The corporation may take possession of any such property so to be acquired at any time after the
filing of the petition describing the same in condemnation proceedings. It shall not be precluded
from abandoning the condemnation of any such property in any case where possession thereof has
not been taken. When the airports owned by the affected cities are taken over by the corporation
under the provisions of Laws 1943, Chapter 500, all persons who are employees of the public
body having the management and control of such airport at the time of the taking of the same,
shall preserve their status and be entitled to all the rights and privileges under the provisions of
any civil service or pension act contained in any charter of any city under which they had been
previously employed, or any applicable law of the state of Minnesota.
    Subd. 4. Suits. It may sue and be sued.
    Subd. 5. Contracts. It may contract and be contracted within any matter connected with
any purpose or activity within the powers of the corporation as specified in sections 473.601
to 473.679.
    Subd. 6. New airports; exception. It may construct and equip new airports, with all powers
of acquisition set out in subdivision 2, pay therefor out of the funds obtained as hereinafter
provided, and hold, maintain, operate, regulate, police, and dispose of them or any of them as
hereinafter provided. It may not construct, equip, or acquire land for a major new airport to
replace the existing Minneapolis-St. Paul International Airport, but it may conduct activities
necessary to do long-range planning to make recommendations to the legislature on the need for
new airport facilities.
    Subd. 7. Existing airports. In addition to the municipal airports taken over by the
corporation under the provisions of Laws 1943, Chapter 500, the corporation may acquire by
lease, purchase, gift, devise, or condemnation proceedings any existing airports, equip the same
and make additions thereto or improvements thereon, pay therefor out of the funds obtained as
hereinafter provided, and hold, maintain, operate, regulate, police, and dispose of them or any of
them as hereinafter provided; provided, that said corporation shall have no authority to dispose
of nor lease municipally owned airports taken over under the provisions of sections 473.601 to
473.679; and provided further, that the corporation shall not acquire a municipally owned airport
without the consent of such municipality.
    Subd. 8. Private airports. It may contract with the owners of existing privately owned
airports for the use, equipment, improvement, maintenance, management, and operation by it
of such airports, and thereafter use, equip, improve, maintain, manage, operate, regulate, and
police them.
    Subd. 9. Air rights. It may acquire such air rights over private property as are necessary to
insure safe approaches to the landing areas of all airports controlled by it, in the manner provided
in subdivision 2 for the acquisition of airport property.
    Subd. 10. Easements, rights for lights, markings. It may acquire rights or easements
for terms of years, or perpetually, to place, operate, and maintain suitable markings and lights
for daytime or nighttime marking of buildings or other structures or obstructions, for the safe
operation of aircraft utilizing airports to be acquired or maintained under the provisions of sections
473.601 to 473.679, in the manner provided in subdivision 2 for the acquisition of airport property.
    Subd. 11. Supplies and materials. It may purchase all supplies and materials necessary in
carrying out the purposes of sections 473.601 to 473.679.
    Subd. 12. Bonds, other debt. It may borrow money and issue bonds for the purposes of
acquiring property, the acquisition of which is herein authorized, constructing and equipping
new airports, acquiring existing airports, equipping them and making additions thereto or
improvements thereon, and making capital improvements to any airport constructed or acquired
by the corporation, or for the purpose of making payments on principal or interest of bonds
heretofore issued by either of the cities or any board of park commissioners of either thereof to
secure funds for the acquisition, establishment, construction, enlargement or improvement of any
airport taken over by the corporation pursuant to the provisions of section 473.621, payment of
which has been assumed by the corporation, in the manner and within the limitations herein
specified, and pledge any and all property and income of the corporation acquired or received as
herein provided to secure the payment of such bonds, subject to the conditions and limitations
herein prescribed, and redeem any such bonds if so provided therein or in the mortgage or deed
of trust accompanying them, and may assume the payment of existing bonded indebtedness as
specifically provided in sections 473.601 to 473.679.
    Subd. 12a. Revenue bonds. (a) The commission may issue general airport revenue bonds,
special facilities bonds, and passenger facility charge bonds to fund:
(1) airports and air navigation facilities;
(2) other capital improvements at airports managed by the commission;
(3) noise abatement and natural resource protection measures, regardless of location and
ownership;
(4) transportation and parking improvements related to airports managed by the commission,
regardless of location; and
(5) the refund of any outstanding obligations of the commission.
The commission may secure the bonds with available revenue in accordance with generally
accepted public financial practices under a resolution of the commission or trust indenture for
the bonds. The bonds may not be secured by the full faith and credit of the commission or a
pledge of the taxing authority of the commission or of any city in or for which the commission
has been created.
(b) The commission shall notify the commissioner of finance, the chair of the Taxes
Committee of the house of representatives, and the chair of the Taxes and Tax Laws Committee of
the senate of any proposal to issue bonds under this subdivision and provide them an opportunity
to review the proposal.
(c) The commission may obligate itself to establish, revise, and collect rates, fees, charges,
and rentals for all airport and air navigation facilities used by or made available to any person,
firm, association, or corporation to produce revenues sufficient:
(1) to pay principal and interest on all obligations of the commission;
(2) to fund reserves for the bonds;
(3) to pay other commission expenses in accordance with law.
(d)(1) Any pledge of revenues under this section is subordinate to the pledge of current
revenues to cancel taxes levied for general obligation revenue bonds issued under section 473.665.
(2) Subject to clause (1), if the bonds meet the conditions of section 473.667, subdivision
7 , the commission may pledge revenues to the revenue bonds issued under this subdivision on
a parity with the pledge of revenues to general obligation revenue bonds issued under section
473.667. The pledge of revenues to revenue bonds issued under this subdivision may be prior
to the obligation under section 473.667, subdivision 6, to repay any deficiency taxes levied for
general obligation revenue bonds.
(3) The commission may pledge revenues of any discrete facility or portions of the airport
and air navigation facilities of the commission to the bonds. The commission may establish
reserves from any available funds or the proceeds of the bonds and may make other covenants as
it deems necessary to protect the holders of the bonds. Passenger facility charge bonds may pledge
receipts from passenger facility charges separately or together with a pledge of other revenues.
(e) The commission may use any powers under chapter 475, except the power to issue
general obligation bonds.
    Subd. 13. Use of money. It may use for the following purposes any available moneys
received by it from any source as herein provided, in excess of those appropriated, donated,
loaned, or otherwise paid over to the corporation for specific purposes, or received from the sale
of bonds, and those required for the payment of any bonds issued by the corporation and interest
thereon, according to the terms of such bonds or of any mortgage or trust deed accompanying
the same: (a) To pay the necessary incidental expenses of carrying on the business and activities
of the corporation as herein authorized; (b) to pay the cost of operating, maintaining, repairing,
extending, and improving the properties under the control of the corporation; (c) to pay interest
and principal of any bonds heretofore issued by either of the cities or any board of park
commissioners of either thereof to secure funds for the acquisition, establishment, construction or
enlargement of any airport referred to in section 473.621, subdivision 2, payment of which has
been assumed by it, or by the state of Minnesota; (d) if any further such excess moneys remain,
to purchase upon the open market at or above or below the face or par value thereof any bonds
issued by the corporation as herein authorized; any bonds so purchased to thereupon be canceled.
    Subd. 14. State, federal aid, contracts. It may accept from the United States or the state
of Minnesota, or any of their agencies, moneys or other assistance, whether by gift, loan, or
otherwise, for the purpose of carrying out the purposes of sections 473.601 to 473.679, and
developing airports and other aeronautic facilities, and may enter into such contracts with the
United States or the state of Minnesota, or any of their agencies as it may deem proper and
consistent with the purposes of sections 473.601 to 473.679.
    Subd. 15. Contracts to further aeronautics, for passengers. Without limitation upon any
other powers in sections 473.601 to 473.679, it may contract with any person for the use by
the person of any property and facilities under its control, for such purposes, and to an extent
as will, in the opinion of the commissioners, further the interests of aeronautics in this state
and particularly within the metropolitan area, including, but not limited to, the right to lease
property or facilities, or any part thereof, for a term not to exceed 99 years, to any person, the
national government, or any foreign government, or any department of either, or to the state
or any municipality. The corporation shall not have the authority to lease, in its entirety, any
municipal airport taken over by it under the provisions of sections 473.601 to 473.679. The
commission may contract with any person for the use or lease in accordance with this subdivision
of any property and facilities under its control for motel, hotel and garage purposes, and for other
purposes as, in the opinion of the commissioners, are desirable to furnish goods, wares, services
and accommodations to or for the passengers and other users of airports under the control of the
corporation. Nothing in this subdivision shall be interpreted to permit the sale of intoxicating
liquor upon the property or facilities except as authorized in chapter 340.
    Subd. 16. Incident powers. It may generally carry on the business of acquiring, establishing,
developing, extending, maintaining, operating, and managing airports, with all powers incident
thereto except it is expressly prohibited from exercising these powers for the purpose of future
construction of a major new airport.
    Subd. 17. Ordinances. (1) It may adopt and enforce rules, regulations, and ordinances it
deems necessary for the purposes of sections 473.601 to 473.679, including those relating to the
internal operation of the corporation and to the management and operation of airports owned or
operated by it, subject to sections 473.601 to 473.679. Any person violating any rule, regulation
or ordinance is guilty of a misdemeanor.
(2) The prosecution may be before the district court having jurisdiction over the place
where the violation occurs. Every sheriff, police officer, and other peace officer shall arrest
offenders. The fines collected shall be paid into the treasury of the corporation. The portion of
the fines necessary to cover all costs and disbursements incurred in processing and prosecuting
the violations in the court shall be transferred to the court administrator. All persons committed
shall be received into any penal institution in the county in which the offense was committed. All
persons shall take notice of the rules, regulations, and ordinances without pleading or proof.
(3) A public hearing need not be held on rules, regulations and ordinances relating to the
internal operation of the commission or to the management or operation of airports owned or
operated by it unless the rule, regulation or ordinance affects substantial rights.
(4) When necessary, the corporation may adopt and enforce without a public hearing all
other rules, regulations or ordinances, but it shall hold a public hearing within 30 days after their
adoption. Prior to the hearing, the corporation shall give at least 15 days' notice by publication
in appropriate legal newspapers of general circulation in the metropolitan area and mail a copy
of them to all interested parties who have registered their names with the corporation for
that purpose. If the rules, regulations, or ordinances are not deemed immediately necessary,
the corporation shall hold a public hearing on them after giving the required notice. The rules,
regulations, or ordinances shall not be adopted and enforced until after the hearing.
(5) Notice of the adoption of rules, regulations and ordinances shall, as soon as possible after
adoption, be published in appropriate legal newspapers of general circulation in the metropolitan
area. Proof of publication and a copy of the rule, regulation, or ordinance shall be filed with the
secretary of state. They shall then be in full force and effect.
(6) Any person substantially interested or affected in rights as to person or property by
a rule, regulation or ordinance adopted by the corporation, may petition the corporation for
reconsideration, amendment, modification, or waiver of it. The petition shall set forth a clear
statement of the facts and grounds upon which it is based. The corporation shall grant the
petitioner a public hearing within 30 days after the filing of the petition.
    Subd. 18. Hearings and the like. It shall have the power to conduct investigations, inquiries
and hearings concerning matters covered by the provisions of sections 473.601 to 473.679 and
orders, rules and regulations of the commission; and shall hold hearings as required by said
sections 473.601 to 473.679. Notice of hearings to all interested parties shall be given as specified
in said sections 473.601 to 473.679, in the instances specified, and otherwise in accordance
with such rules as the commission may adopt. All hearings shall be open to the public, and
shall be conducted by the commission itself or a committee or member thereof designated by
the commission for such purposes. Where a hearing is conducted by a committee or a member
of the commission, such committee or member shall make a full and complete report thereof,
together with a transcript of all testimony and evidence taken at the hearing, to the commission
and the commission shall proceed to a determination of the subject matter of said hearing and
make its findings and conclusions and order with respect thereto. Any member of the commission
conducting or participating in the conduct of any hearing shall have the power to administer oaths
and affirmations, to issue subpoenas, and compel the attendance and testimony of witnesses, and
the production of papers, books and documents. The commission, or its director, shall upon
request of any party to a hearing issue subpoenas to compel the attendance and testimony of
witnesses, and the production of papers, books and documents. In case of failure of any witness to
comply with any served subpoena, the commission may invoke the aid of any court of this state of
general jurisdiction. The court may order the witness to comply with the subpoena and any failure
so to do may be punished by the court as a contempt thereof. The testimony and other evidence at
any and all hearings shall be taken by a reporter employed by the commission, and any party in
interest upon payment to said reporter of the going rates therefor shall be entitled to a transcript
thereof. Witnesses shall receive the same fees and mileage as in court actions, and a witness before
being required to respond to a subpoena shall be given fees and mileage for one day's attendance.
    Subd. 19. Acoustical barriers. The corporation shall construct an acoustical barrier in or
along the perimeter of maintenance areas of the Minneapolis-St. Paul International Airport. It
also shall construct acoustical barriers along the perimeter of runways of such airport where it is
reasonably necessary, practical and safe to do so according to the standards of the Federal Aviation
Administration. All barriers shall conform to specifications approved by the Pollution Control
Agency. For purposes of this subdivision, an acoustical barrier is a wall, fence, natural barrier
such as an earthen barrier or trees designed to abate noise. The corporation shall also confer and
cooperate with any entity which it creates for the purpose of studying and implementing sound
abatement programs and with representatives of persons residing in the vicinity of any airport
who desire to explore means for relieving the area of the detrimental effects of aircraft noise.
Notwithstanding the provisions of any other law none of the construction authorized by this
subdivision shall be subject to review or approval by the Metropolitan Council.
    Subd. 20.[Repealed, 1996 c 310 s 1]
    Subd. 21. Airport zoning boards. The corporation shall establish one joint airport zoning
board for each airport operated under its authority in accordance with section 360.063, subdivision
3 , paragraph (e). Notwithstanding the provisions of section 360.065, subdivision 1, mailed notice
to property owners is not required for hearings concerning adoption of zoning regulations by a
joint airport zoning board for Minneapolis-St. Paul International Airport.
    Subd. 22. TDD phones. The commission shall provide, in public areas at the international
airport, public pay telephones with telecommunications devices, commonly known as "TDD's,"
that permit a communication-impaired person to communicate with others by telephone. The
commission shall provide one such telephone on each concourse of the main terminal, one in the
main ticketing area of the main terminal, and one in the Humphrey Terminal. The commission
shall place signs at strategic locations in and about the terminals indicating where the telephones
are available.
    Subd. 23. Parking privileges. Except as otherwise provided in this subdivision, the
commission may not provide free parking at the Minneapolis-Saint Paul International Airport
terminal. The commission may provide free parking to employees and members of the
commission who are at the terminal on official business. The commission may provide free
parking at the Minneapolis-Saint Paul International Airport terminal for persons who are not
employees or members of the commission if those persons are attending a meeting of the
commission or performing volunteer work in the terminal. A card or pass issued to provide free
parking must have an expiration date of no later than one year after the card or pass is issued. The
commission shall require an expired card to be returned to the commission or shall account for
it in another manner. The commission shall maintain a record of who receives free parking at
the terminal, including the person's name, organization, date, the dollar value of the free parking
provided, and the purpose for which the free parking was provided.
    Subd. 24. Certain aircraft prohibited. After complying with the publication and public
comment requirements of United States Code, title 49, section 47524(b), and other applicable
federal requirements, the corporation shall prohibit operation at Minneapolis-St. Paul International
Airport of aircraft not complying with stage 3 noise levels after December 31, 1999.
    Subd. 25. Implementation of long-term plan. The corporation shall implement the
Minneapolis-St. Paul International Airport year 2010 long-term comprehensive plan.
    Subd. 26. Final environmental impact statement. The corporation shall not be required
to provide environmental or technical analysis of the new airport alternative in the dual track
planning process final environmental impact statement.
    Subd. 27. Use of reliever airports. The corporation shall develop and implement a plan to
divert the maximum feasible number of general aviation operations from Minneapolis-St. Paul
International Airport to those airports designated by the federal aviation administration as reliever
airports for Minneapolis-St. Paul International Airport.
    Subd. 28. Prohibition of replacement passenger terminal. The corporation is prohibited
from constructing a replacement passenger terminal on the west side of Minneapolis-St. Paul
International Airport without legislative approval.
    Subd. 29. Construction of a third parallel runway. (a) The corporation must enter into a
contract with each affected city that provides the corporation may not construct a third parallel
runway at the Minneapolis-St. Paul International Airport without the affected city's approval. The
corporation must enter into the contracts by January 1, 1997.
(b) If a contract with a city as required by this subdivision is not executed by January 1,
1997, as a result of the corporation failing to act in good faith, the amount the corporation must
spend for noise mitigation in the affected city is increased by 100 percent of the amount spent in
the most recent year in which an expenditure was made for noise mitigation in the affected city.
(c) A contract entered into by a city and the corporation under this subdivision creates
and the contract must provide third party beneficiary rights on behalf of the affected property
owners in the affected cities. These third party beneficiary rights apply only if a state law changes,
supersedes, or invalidates the contract or authorizes or enables the corporation to construct a third
parallel runway notwithstanding the contract.
(d) An "affected city" is any city that would experience an increase in the area located within
the 60 Ldn noise contour as a result of operations using the third parallel runway.
History: 1975 c 13 s 100; 1976 c 265 s 1; 1977 c 417 s 5-7; 1979 c 302 s 4; 1980 c 450 s
2; 1981 c 27 s 2; 1983 c 330 s 2; 1983 c 359 s 67; 1986 c 444; 1Sp1986 c 3 art 1 s 82; 1989 c
111 s 2; 1991 c 350 art 1 s 23; 1996 c 378 s 1; 1996 c 464 art 3 s 2-10; 1996 c 471 art 7 s 19;
1998 c 254 art 2 s 49; 2000 c 418 art 2 s 11; 1Sp2001 c 13 s 17; 2004 c 206 s 52; 2005 c 10
art 2 s 4; 2006 c 214 s 20

473.609 CONDEMNATION FOR PREEXISTING AIRPORT PROPERTY.
In any case where the acquisition, construction, improvement, and operation of an airport by
a corporation created pursuant to sections 473.601 to 473.679, shall have resulted in conflict with
or damage to airport property in existence and in operation at the time of such acquisition and
construction, the owner of such airport property may petition the corporation for relief, and upon
the filing of such a petition and within 60 days thereof, the corporation shall exercise its power of
eminent domain to extinguish such airport operation and take by condemnation the buildings,
aeronautical improvements, and otherwise compensate the owner for the cost of the aeronautical
improvements made to the land area and for the cost of restoring the land to its original uses, and
shall pay therefor out of funds provided pursuant to section 473.665.
History: 1975 c 13 s 101

473.611 PLANS TO BE CONSISTENT WITH DEVELOPMENT GUIDE.
    Subdivision 1.[Repealed, 1977 c 417 s 14]
    Subd. 2.[Repealed, 1977 c 417 s 14]
    Subd. 3.[Repealed, 1977 c 417 s 14]
    Subd. 4.[Repealed, 1977 c 417 s 14]
    Subd. 5. New or existing airports. Any long-term comprehensive plans adopted by the
commission for the betterment and enlargement of existing airports, for the acquisition and
construction of new airports, and for the categories of use of airports owned or controlled by the
commission shall be consistent with the development guide of the Metropolitan Council.
History: 1975 c 13 s 102; 1977 c 417 s 8; 1984 c 561 s 1

473.612 [Expired]

473.614 ENVIRONMENTAL REVIEW.
    Subdivision 1. Capital plan; environmental assessments. The commission shall prepare
an assessment of the environmental effects of projects in the commission's seven-year capital
improvement program and plan at each airport owned and operated by the commission. The
assessment must examine the cumulative environmental effects at each airport of the projects
at that airport, considered collectively. The commission need not prepare an assessment for an
airport when the capital improvement program and plan for that airport has not changed from
the one adopted the previous year or when the changes in the program and plan will have only
trivial environmental effects.
    Subd. 2. Capital program; environmental assessment worksheets. (a) The commission
shall prepare environmental assessment worksheets under chapter 116D, and rules issued pursuant
thereto, on the environmental effects of projects in the commission's capital improvement
program at each airport owned and operated by the commission. The scope of the environmental
assessment worksheets required by this section is limited to only those projects in the program for
an airport that meet all of the following conditions:
(1) The project is scheduled in the program for the succeeding calendar period.
(2) The project is scheduled in the program for the expenditure of $5,000,000 or more at
Minneapolis-St. Paul International Airport or $2,000,000 or more at any other airport.
(3) The project involves: (i) the construction of a new or expanded structure for handling
passengers, cargo, vehicles, or aircraft; or (ii) the construction of a new or the extension of an
existing runway or taxiway.
After adopting its capital program, the commission may amend the program by adding or
changing a project without amending or redoing the worksheets required by this subdivision, if
the project to be added or the change to be made is one that the commission could not reasonably
have foreseen at the time that it completed the worksheets.
(b) For the purpose of determining the need for an environmental impact statement, the
commission shall consider the projects included in the scope of a worksheet as a single project
and shall assess their environmental effects collectively and cumulatively. The commission's
decision on whether an environmental impact statement is needed must be based on the worksheet
and comments. The commission may not base a decision that an environmental impact statement
is not needed on exemptions of projects in state or federal rules. The commission is not required
to prepare an environmental impact statement on an individual project, or to include a project in
the scope of an environmental impact statement that the commission determines is needed, if the
project is shown in the worksheet to have trivial environmental effects or if an environmental
impact statement on the project has been determined to be adequate under state law.
(c) The commission may incorporate into worksheets information from the commission's
long-range plans, environmental assessments prepared under subdivision 1, or other
environmental documents prepared on projects under state or federal law.
    Subd. 2a. Environmental impact report. Notwithstanding the provisions of subdivision 2,
the commission shall prepare a report documenting the environmental effects of projects included
in the MSP 2010 long-term comprehensive plan. Environmental effects of and costs associated
with, noise impacts, noise mitigation measures, and land use compatibility measures must
be evaluated according to alternative assumptions of 600,000, 650,000, 700,000, and 750,000
aircraft operations at Minneapolis-St. Paul International Airport.
    Subd. 3. Procedure. (a) The environmental assessments required under subdivision 1 and
the environmental assessment worksheets required under subdivision 2 must be prepared each
year before the commission adopts its capital improvement plan and program.
(b) The commission shall hold a public hearing on each environmental assessment and
worksheet before adopting the capital improvement plan and program. The commission may
consolidate hearings.
(c) The initial environmental assessments and worksheets must be completed before the
commission adopts its capital improvement plan and program for calendar years 1989 to 1995,
but the initial assessments and worksheets must extend to and incorporate projects under
construction in calendar year 1988. A project that is under construction in 1988 may proceed,
but the project must be included in the environmental review required by this section as if the
project were scheduled for the succeeding calendar year. The commission is not required to
prepare an environmental impact statement on an individual project, or to include a project in the
scope of an environmental impact statement that the commission determines is needed, if: (1)
the project is under construction in 1988, or (2) on April 27, 1988, the project is included in the
commission's capital program for 1988 and 1989 and an environmental review is under way on
the project individually under state or federal law.
    Subd. 4. Other environmental review. Nothing in this section limits the responsibility of
the commission or any other governmental unit or agency, under any other law or regulation, to
conduct environmental review of any project, decision, or recommendation, except that the
environmental assessment worksheets prepared under subdivision 2 satisfy the requirements
under state law or rule for environmental assessment worksheets on individual projects covered
by the worksheets prepared under subdivision 2.
History: 1988 c 664 s 2; 1996 c 464 art 3 s 11

473.616 COMPREHENSIVE AIRPORT PLANNING.
    Subdivision 1. Wold-Chamberlain plan. (a) By January 1, 1992, the commission shall
adopt a long-term comprehensive plan for the international airport at its existing location. The
plan must describe:
(1) aviation demand and air transportation needs;
(2) airport capacity limits and potential;
(3) facilities requirements;
(4) a plan for physical development, including financial estimates and a tentative
development schedule;
(5) airport operational characteristics;
(6) compatibility with metropolitan and local physical facility systems;
(7) environmental effects;
(8) safety; and
(9) the effect on the neighboring communities.
The plan must satisfy the air transportation needs for a prospective 20-year period. At the same
time, the commission shall adopt a concept plan for the airport, including an estimate of facilities
requirements, to satisfy the air transportation needs for an additional ten-year period. The plans
must be consistent with the development guide of the council. The plans must be updated at
least every five years. The plans must be amended as necessary to reflect changes in trends and
conditions, facilities requirements, and development plans and schedules. The plans are subject to
sections 473.165 and 473.611.
(b) Until January 1, 1996, or until the commission has completed the activities required by
subdivision 3 and section 473.618, whichever occurs first, the commission may construct a
new runway or a new, substantially expanded, or relocated terminal facility if the commission
determines that construction of the runway or facility is necessary and prudent, considering the
economic, financial, environmental, and other costs and benefits of the new runway or facility,
the current and long-term future need for major airport facilities, capacity constraints, and the
time required to construct airport facilities. The commission shall make its determination by
resolution, containing findings of fact and conclusions. Before making its determination, the
commission shall hold a public hearing on the question. The hearing may be held separately or in
conjunction with any other hearing required on the project, as the commission deems appropriate.
The commission may plan, prepare designs and specifications, and conduct an environmental
review of a facility before the public hearing.
    Subd. 2. New airport; conceptual design study and plan. By March 1, 1990, the
commission, in consultation with the council, shall complete a study of facilities requirements,
airport functioning, and conceptual design for a major new airport. By January 1, 1991, the
commission shall complete a conceptual design plan for a major new airport. The conceptual
design study and plan must describe and satisfy air transportation needs for a prospective 30-year
period and be consistent with the development guide of the council. The conceptual design plan
must include an analysis of estimated costs, potential financing methods and sources of public and
private funding, and cost allocation issues and options. The council shall use the design study and
plan in evaluating areas for locating a new airport under section 473.155, subdivision 3.
    Subd. 3. New airport; site selection; comprehensive plan. Within four years following
the council's designation of a search area under section 473.155, the commission shall: (1)
select a site for a major new airport in the search area designated by the council; (2) prepare a
comprehensive plan and schedule, including financial plans, for the development of a major
airport at that site for a prospective 20-year period following a decision to develop a new airport;
(3) prepare an estimate of facilities requirements and a concept plan for development of the
airport for an additional ten years; and (4) prepare and submit for administrative review the
environmental documents that are required for site acquisition.
    Subd. 4. Legislative reports. (a) Until the activities required by subdivision 3 and section
473.618 are completed, the commission shall report to the legislature by February 15 of each year
on the results of the airport planning activities of the commission under this section. The report
must include a summary of expenditures and sources of funding for the activities.
(b) By March 1, 1990, after consulting with the council, the federal aviation administration,
industry representatives, and other persons, the commission shall report to the legislature on
the assumptions and methods that the commission will use in preparing forecasts for airport
development and operations purposes and for determining capacity and facility needs.
(c) By March 1, 1990, the commission shall report to the legislature on the integration
of major airport facilities in the metropolitan area with state, national, and international air
transportation systems and on the commission's planning assumptions and parameters related to
such airport development issues as capacity, safety, environmental impact, and air service.
(d) By March 1, 1990, the commission shall report to the legislature on the conceptual design
study for a major new airport, prepared under subdivision 2. By January 1, 1991, the commission
shall report to the legislature on the conceptual design plan prepared under subdivision 2.
History: 1989 c 279 s 3; 1991 c 21 s 1

473.618 AIRPORT PLANNING AND DEVELOPMENT REPORT.
Within 180 days after the completion of the actions required by section 473.616, subdivision
3 , the Metropolitan Council and the airports commission shall report to the legislature on the
long-range planning and development of major airport facilities in the metropolitan area. The
report must include the recommendations of the agencies on major airport development in the
metropolitan area for a prospective 30-year period and on acquiring a site for a major new airport.
The report must include an analysis of the effect of a new airport on present and proposed
facilities at the existing airport and on the local, regional, and state economies. The report must
contain the recommendations of the agencies on financial planning and financing for a major new
airport, including: cost; cost allocation; amortization of major improvements at the existing
airport before a transfer of operations; financing methods and sources of public and private funds;
lease agreements and user charges at a new airport; and a method of capturing for public uses a
portion of the revenue from development around a new airport.
History: 1989 c 279 s 4

473.619 [Repealed, 2005 c 123 s 8]

473.621 POWERS OF CORPORATION.
    Subdivision 1.[Repealed, 1977 c 417 s 14]
    Subd. 1a. Relationship to legislature. The commission shall be held accountable to the
legislature in its activities, plans, policies, and programs. It shall report each session to appropriate
committees of the legislature as to its activities, plans, policies, and programs and shall make
other reports and recommendations which the legislature or its committees deem appropriate.
     Subd. 1b. Annual report to legislature. The corporation shall report to the legislature by
March 30 of each year concerning operations at Minneapolis-St. Paul International Airport and
each reliever airport. Regarding Minneapolis-St. Paul International Airport, the report must
include the number of aircraft operations and passenger enplanements at the airport in the
preceding year, current airport capacity in terms of operations and passenger enplanements,
average length of delay statistics, and technological developments affecting aviation and their
effect on operations and capacity at the airport. The report must include the aircraft operations,
based aircraft, and status of major development programs at each reliever airport.
    Subd. 2. Control of city airports. The corporation shall have the use, management,
operation, regulation, policing, and control of any or all airports owned by either the city of
Minneapolis or St. Paul, whether the airport or title thereto is held in the name of the city, the
council, a board of park commissioners, or any other body. Consent by each city, the council,
the board of park commissioners, and any other agency, board, or department thereof to the use,
management, operation, regulation, policing, and control is conclusively presumed to have been
given by the appointment of commissioners pursuant to the provisions of Laws 1943, chapter 500.
Authority is granted to the mayor and council of each city and any board or commission having
jurisdiction of airports in either city to give consent in that manner. The corporation may exercise
all the powers granted to it with reference to any airport property over which it has jurisdiction
pursuant to this subdivision, except the right of leasing or disposing of the fee title to the lands
included therein, without the payment of any rental. The title to the fee of the land shall remain
in the city, or agency, board, or department of the city. The action to be taken pursuant to this
subdivision is declared to be necessary in order to provide an integrated airports system and
enable the corporation to carry out the public and governmental purposes of Laws 1943, chapter
500. The corporation shall not close any existing airport in either city to air freight commerce
consigned to or originating in the city unless and until it provides for the city freight airport
facilities which are, in the judgment of the corporation and except as they may be restricted
by government use, substantially equal to the existing freight airport facilities in safety and
convenience to businesses and industries of the city. For the purpose of this subdivision, "airport"
shall include only the lands, buildings, and equipment acquired for use primarily for any airport
over which the corporation has jurisdiction pursuant to this subdivision.
    Subd. 3. Payment of city bonds. The authority in subdivision 2, granted to the corporation
is not conditioned upon the receipt of any appropriation provided for in Laws 1943, chapter
500. Each city involved, or any board or commission of such city, shall pay the balance due on
its bonds which have prior to the enactment of Laws 1943, chapter 500, been issued pursuant to
law or charter to secure funds for the acquisition, establishment, construction, enlargement or
improvement of the airports to be taken over as provided in subdivision 2, according to the terms
of such bonds. The corporation created by Laws 1943, chapter 500, may, if it shall so determine,
assume the payment of part or all of the balance due on such bonds at the time of its taking over
the use, management, operation, regulation, policing and control of such airports.
    Subd. 4. Additional major airport. The corporation may provide, in addition to airports
existing at the time of the passage of Laws 1943, chapter 500, at least one major or primary
metropolitan airport which shall be as nearly equidistant from the city halls of both cities as
possible. All other new airports to be constructed shall be so located that the airport system of
the corporation as a whole shall be of substantially equal convenience to both cities. It shall
put all airports and other facilities to their maximum use for passenger, mail, express, freight,
and other air transportation operations as the needs therefor develop, and shall encourage the
establishment of related aircraft industries.
    Subd. 5. City cost calculation; land reversion. The investment of the cities of Minneapolis
and St. Paul in the metropolitan airports system, from the date of the original enactment of this
section to January 1, 1973, includes the land comprising airports owned by them and taken over
pursuant to subdivision 2, and taxes levied on property within the cities in the years 1944 to 1969,
the proceeds of which, together with revenues of the system and federal funds, were expended
for the operation, administration, maintenance, improvement, and extension of the system and
the service of debt incurred for such improvement and extension, including improvement of the
city lands. The aggregate amount of such taxes was $19,816,873, of which $7,294,022 would
have been assessed and extended against property outside the cities if the entire metropolitan area,
which will be taxable by the corporation in 1974 and subsequent years under section 473.661, had
been within its taxing jurisdiction when those levies were made. If it should become necessary
for the corporation to levy any such taxes for any purpose other than the payment of bonds and
interest, they shall be extended and assessed exclusively against taxable property outside the
cities until the total amount so assessed and extended equals $7,294,022. In the event that the
airport land owned by either city should no longer be used for airport purposes, the corporation's
control thereof shall cease, and title to the land and all improvements shall be and remain in the
city, but the city shall become liable to the corporation for the repayment, without interest, of
an amount of the taxes so paid which is proportionate to its own share of the cities' original
investment, being 60 percent for Minneapolis and 40 percent for St. Paul. In the event that any
other land or improvements owned or controlled by the corporation should ever cease to be used
for airport purposes, all income therefrom and all proceeds received upon disposal thereof shall
continue to be used for purposes of the metropolitan airports system, subject to federal laws and
regulations governing such disposal; or if the operation of the system should ever be terminated,
all such income and proceeds shall be distributed to the seven counties in the metropolitan area,
in amounts proportionate to the net tax capacity of taxable property in each county at the time
of such distribution.
    Subd. 6. Capital projects; review. All Minneapolis-St. Paul International Airport capital
projects of the commission requiring the expenditure of more than $5,000,000 shall be submitted
to the Metropolitan Council for review. All other capital projects of the commission requiring
the expenditure of more than $2,000,000 shall be submitted to the Metropolitan Council for
review. No such project that has a significant effect on the orderly and economic development of
the metropolitan area may be commenced without the approval of the Metropolitan Council. In
addition to any other criteria applied by the Metropolitan Council in reviewing a proposed project,
the council shall not approve a proposed project unless the council finds that the commission has
completed a process intended to provide affected municipalities the opportunity for discussion
and public participation in the commission's decision-making process. An "affected municipality"
is any municipality that (1) is adjacent to a commission airport, (2) is within the noise zone of a
commission airport, as defined in the Metropolitan Development Guide, or (3) has notified the
commission's secretary that it considers itself an "affected municipality." The council must at
a minimum determine that the commission:
(a) provided adequate and timely notice of the proposed project to each affected municipality;
(b) provided to each affected municipality a complete description of the proposed project;
(c) provided to each affected municipality notices, agendas, and meeting minutes of all
commission meetings, including advisory committee meetings, at which the proposed project was
to be discussed or voted on in order to provide the municipalities the opportunity to solicit public
comment and participate in the project development on an ongoing basis; and
(d) considered the comments of each affected municipality.
    Subd. 7. Capital projects. For purposes of this section, capital projects having a significant
effect on the orderly and economic development of the metropolitan area shall be deemed to be
the following:
(a) the location of a new airport,
(b) a new runway at an existing airport,
(c) a runway extension at an existing airport,
(d) runway strengthening other than routine maintenance to determine compliance with
Federal Air Regulation, part 36,
(e) construction or expansion of passenger handling or parking facilities which would permit
a 25 percent or greater increase in passenger enplanement levels,
(f) land acquisition associated with any of the above items or which would cause relocation
of residential or business activities.
History: 1975 c 13 s 103; 1977 c 417 s 9-11; 1984 c 561 s 2-4; 1987 c 223 s 3; 1988
c 719 art 5 s 84; 1989 c 279 s 6; 1989 c 329 art 13 s 20; 1996 c 464 art 3 s 12; 1998 c 381
s 3; 2006 c 261 s 5

473.622 EXISTING AIRPORTS; CONTROL, JURISDICTION.
The corporation shall exercise control and jurisdiction over any other airport within either
35 miles of the city hall of either city or within the metropolitan area. Control and jurisdiction
of the corporation over any privately or publicly owned airport shall be limited to control and
jurisdiction of the flight and traffic patterns of such airport in the interests of safety of the
operation of any airport owned or operated by the corporation. No airport shall be acquired or
operated within the metropolitan area without first securing the approval of the corporation,
provided, however, such approval shall not be withheld except after notice to all interested parties
and a public hearing held thereon, as provided in section 360.018, subdivision 7, and then only
upon a finding by the corporation that the acquisition or operation of such airport would create a
flight hazard to any airport or airports owned or operated by it. As to any airport once licensed
with the approval of the corporation, approval of the continued operation of such airport shall
at no time be withdrawn by the corporation except after notice to all interested parties, a public
hearing had, and a finding by the corporation based on substantial evidence that the operation
of such airport is inconsistent with the safety of flight to and from an airport owned or operated
or presently to be or being constructed to be operated by the corporation, and then only after
payment of just compensation to cover the loss sustained by reason of such withdrawal, such just
compensation, if not arrived at by agreement, to be ascertained in the condemnation of said
airport by the corporation under the power of eminent domain, the commission to institute the
condemnation proceedings promptly and to pay in connection with the prosecution thereof all
reasonable and necessary expenses incurred not only by it but also by the owner of such airport.
History: 1975 c 13 s 104

473.625 DETACHING MAJOR AIRPORT LAND FROM CITY, SCHOOL DISTRICT.
(a) Lands constituting any major airport or a part thereof now and which may hereafter be
operated by any public corporation organized under sections 473.601 to 473.679, and embraced
within any city or school district organized under the laws of the state, are hereby detached from
such city or school district.
(b)(i) Except as provided in clause (ii), real and personal property, including real and personal
property otherwise taxable under section 272.01, constituting all or part of an intermediate airport
operated by a public corporation organized under sections 473.601 to 473.679 and embraced
within a home rule charter or statutory city or school district is exempt from taxation by the
city or school district.
(ii) The county assessor of the county where the property under this paragraph is located shall
determine the total market value for all property at that site for assessment year 2001, compare
it to the market value of the property existing on that site for the 1996 assessment, and report
those market values to the commission. If the total market value has not increased by at least 20
percent, the property tax exemption under clause (i) shall expire and the property shall be taxable
beginning in assessment year 2001 and thereafter, for taxes payable in 2002 and thereafter. The
provisions of section 473.629 apply to lands exempted from property tax under this paragraph.
(c) For the purposes of this section, an intermediate airport is an airport that as of March
14, 1996, is a primary reliever airport, provides general aviation services, has a primary runway
between 5,001 and 8,000 feet in length, and has precision instrument capability.
History: 1975 c 13 s 105; 1996 c 471 art 3 s 43

473.626 VALUE AND ASSESSMENT OF TAXABLE DETACHED PROPERTY.
The county assessor of the county in which the property is situated shall value and assess the
taxable property in said area and shall report the same to the county auditor of the county in which
such property is situated on or before October 1 of each year.
History: 1975 c 13 s 106; 1Sp1981 c 1 art 8 s 18

473.627 TAX FOR POLICE, FIRE, STREETS, PARKING.
The said commission shall on or before October 10 of each calendar year certify to the
county auditor of said county, the amount determined by the commission to be raised on taxable
properties within such territory to provide funds for policing and fire protection at and within
said airport, and for the construction, maintenance and repair of streets and motor vehicle parking
areas within such airport and the auditor shall extend, spread and include the same with and as a
part of the general taxes for state and county purposes, to be collected and enforced therewith,
together with penalties and interest and costs, and the county treasurer upon collection of the
same, shall transfer the same to the treasurer of said public corporation.
History: 1975 c 13 s 107

473.629 VALUE OF PROPERTY FOR BOND ISSUES BY SCHOOL DISTRICTS.
As to any lands to be detached from any school district under the provisions hereof,
notwithstanding such prospective detachment, the value of such lands and the net tax capacity of
taxable properties now located therein or thereon shall be and constitute from and after the date of
the enactment hereof a part of the value of properties upon the basis of which such school district
may issue its bonds, the value of such lands for such purpose to be 33-1/3 percent of the market
value thereof as determined and certified by said assessor to said school district, and it shall be the
duty of such assessor annually on or before the tenth day of October from and after the passage
hereof, to so determine and certify; provided, however, that the value of such detached lands and
such taxable properties shall never exceed 20 percent of the value of all properties constituting
and making up the basis aforesaid.
History: 1975 c 13 s 108; 1975 c 339 s 8; 1988 c 719 art 5 s 84; 1989 c 329 art 13 s 20

473.631 BOUNDARIES OF MAJOR AIRPORT.
The western boundary of any major airport located within Hennepin County shall not be
extended by said corporation into the city of Richfield beyond Cedar Avenue as laid out as of the
date of enactment of Laws 1953, Chapter 715; provided that nothing herein shall be or constitute
a limitation upon the power of such corporation, now or hereafter given, to zone said airport and
lands adjacent thereto by the enactment of an ordinance or otherwise.
History: 1975 c 13 s 109

473.633 [Repealed, 1977 c 447 art 6 s 13]

473.635 [Repealed, 1977 c 447 art 6 s 13]

473.636 [Repealed, 1996 c 464 art 3 s 16]

473.637 [Repealed, 1996 c 464 art 3 s 16]

473.638 CONTROL MEASURE INVOLVING TAKING.
    Subdivision 1.[Repealed, 1997 c 7 art 1 s 153]
    Subd. 2. Retention or sale of property. The commission may retain any property now
owned by it or acquired under subdivision 1 and use it for a lawful purpose, or it may provide
for the sale or other disposition of the property in accordance with a redevelopment plan in the
same manner and upon the same terms as the housing and redevelopment authority and governing
body of a municipality under the provisions of section 469.029, all subject to existing land use
and development control measures approved by the council.
    Subd. 3. Sharing of costs. The Metropolitan Airports Commission and any other government
unit in the metropolitan area may enter into an agreement under which the cost of acquiring a
property and the proceeds from the sale or other disposition of it under subdivision 2 are to be
shared by the commission and such government unit. The commission, the Metropolitan Council,
or any government unit may also enter into any agreements with the United States or the state of
Minnesota, or any agency or subdivision of either, and do all acts and things required by state or
federal law or rules as a condition or consideration for the loan or grant of funds or property for
the purpose of land acquisition or improvement under subdivisions 1 and 2.
History: 1986 c 460 s 49; 1Sp1986 c 3 art 2 s 5; 1987 c 291 s 231; 1997 c 7 art 1 s 154

473.639 [Repealed, 1997 c 7 art 1 s 155]

473.64 GOVERNMENTS IN AIRPORT DEVELOPMENT AREA; TAX SHARING.
The governing bodies of government units located wholly or partly in an airport development
area shall jointly study and decide upon a plan for the sharing of property tax revenues derived
from property located in an airport development area. If 80 percent of the government units
having territory within the airport development area agree upon a plan, the plan is effective, and
all government units shall enter into whatever agreements may be necessary for this purpose.
The plan, however, may not impair the existing contract obligations of any government unit. This
section does not apply to the Metropolitan Airports Commission or the council.
History: 1986 c 460 s 51

473.641 NEW AIRPORT; PUBLIC HEARING.
    Subdivision 1. Considerations. In determining whether a new airport shall be acquired
or established or an existing airport expanded by the acquisition of an annexation thereto of
additional lands, the corporation shall, before taking any action thereon, hold a public hearing
in accordance with the procedure set forth in this act; and in reaching such determination, the
corporation shall take into consideration the objectives of the act as set forth in section 473.602;
and shall take into consideration the use or uses to be made of the new airport or the use or uses
to be made of the lands to be acquired and annexed to an existing airport, and shall take into
consideration the effect the acquisition or establishment of the new airport will have upon the
residents and properties in the area surrounding such new airport, or, in the case of the acquisition
and annexation of lands to an existing airport, the effect such acquisition and annexation will
have on residents and properties in the area surrounding such lands; and with respect to the new
airport to be acquired or established, the commission shall take into consideration, in addition to
the foregoing, the adequacy of present airport facilities in the area over which the corporation has
jurisdiction, the nature of the terrain at the site thereof and in the vicinity of such site, whether
there are safe areas available for expansion purposes, and whether the adjoining area is free from
obstructions based on a proper glide ratio; and to aid the commission in giving consideration to
such objectives and factors, and in reaching such determination, evidence may be offered and
shall be received as to such objectives and factors at the public hearing herein provided for.
    Subd. 2. No hearings required. Except as provided in subdivision 1, public hearings are
not required for alterations, improvements or developments, whether or not contracted for, of
any airport under the jurisdiction of the corporation, including but not limited to the addition of
structures and facilities for use of or lease to others by the corporation.
    Subd. 3. Land for new airport. The Metropolitan Airports Commission shall not initiate
land acquisition for a new major airport without explicit authorization from the legislature.
    Subd. 4. Expansion or upgrade of metro airport. Notwithstanding any other law, the
Metropolitan Airports Commission shall not use revenue from any source, as described by section
473.608, for construction of air facilities to expand or upgrade the use of an existing metropolitan
airport from minor use to intermediate use status without approval in a law. For the purposes of
this section, a minor use airport is defined as an airport with a runway or runways of length
no longer than 5,000 feet.
History: 1975 c 13 s 112; 1977 c 417 s 12; 1980 c 614 s 154; 2000 c 491 s 1

473.651 RENTALS FIXED.
The corporation shall have the authority to determine the charges for the use of any of the
property under its management and control, and the terms and conditions under which such
property may be used. Where there is reasonable basis for classification of users as to any use, the
corporation may classify users, but charges as to each class shall be reasonable and uniform for
such use, and established with due regard to the value of the property and improvements used and
the expense of operation to the corporation. The corporation shall have and may enforce liens as
provided for in sections 514.18 to 514.22, to enforce the payment of any such charges.
History: 1975 c 13 s 113

473.652 CONSTRUCTION WORK.
    Subdivision 1. Section 471.345 applies. The provisions of section 471.345, subject to the
provisions of subdivision 2, shall apply to all construction work and every purchase of equipment,
supplies, or materials necessary in carrying out the provisions of sections 473.601 to 473.679.
    Subd. 2. Emergency. If the executive director of the corporation with the written
concurrence of the chair or vice-chair declares that an emergency exists requiring immediate
purchase of material or supplies or the making of emergency repairs at a cost of no more than
$5,000, or if two-thirds of the members of the corporation declare that an emergency exists
requiring immediate purchase of materials or supplies or the making of emergency repairs at a
cost in excess of $5,000, the corporation shall not be required to advertise for bids. The materials
or supplies may be purchased in the open market at the lowest price obtainable, or the emergency
repairs may be contracted for or performed without securing formal competitive bids.
History: 1975 c 13 s 114; 1977 c 417 s 13; 1986 c 444

473.653 RESTRICTIONS ON CERTAIN AIRPORTS.
The Metropolitan Airports Commission shall not take any action with respect to an airport
owned by it that would result in a permanent net reduction in usable runway length at the airport.
Retention of existing usable runway length at an airport owned by the Metropolitan Airports
Commission shall not cause the airport to be reclassified from a minor use to an intermediate
use airport.
History: 1983 c 301 s 232

473.655 PUBLIC AND GOVERNMENTAL PURPOSES.
It is hereby determined and declared that the purposes of sections 473.601 to 473.679
are public and governmental; that the development of the metropolitan airports system by
the corporation be consistent with the transportation chapter of the Metropolitan Council's
Development Guide and promote the public safety and welfare of the state; and that the
development, extension, maintenance, and operation of the system in such a manner as to assure
the residents of the metropolitan area of the minimum environmental impact from air navigation
and transportation, with provision for noise abatement, control of airport area land use, and other
protective measures, is essential to the development of air navigation and transportation in and
through this state, and is necessary in order to assure the inclusion of this state in national and
international systems of air transportation, benefits the people of the state as a whole, renders a
general public service, and provides employment, and is of great public economic benefit.
History: 1975 c 13 s 115; 2005 c 123 s 6

473.661 BUDGET SPECIFYING AMOUNTS FOR SEPARATE ITEMS.
    Subdivision 1. By July 1. The commissioners shall, on or before the first day of July of each
year, prepare a detailed budget of the needs of the corporation for the next fiscal year, specifying
separately in said budget the amounts to be expended for acquisition of property, construction,
payments on bonded indebtedness, if any, operation, noise mitigation, and maintenance,
respectively, subject only to such changes as the commissioners may from time to time approve.
    Subd. 2. September 15 to county auditors. The commissioners shall on or before September
15 of each calendar year, certify to the county auditor of each county in the metropolitan area the
total amount to be raised by the commissioners during the next calendar year through taxation,
and each county auditor shall extend and assess against all property in the auditor's county which
is then taxable by the corporation for the purpose for which the levy is made under the provisions
of section 473.621, subdivision 5, that sum which bears the same proportion to the total amount as
the net tax capacity of such taxable property bears to the net tax capacity of all property in the
metropolitan area which is then taxable by the corporation for the purpose for which the levy is
made. The county auditor shall extend, spread, and include the same with and as a part of the
general taxes for state, county, and municipal purposes, to be collected and enforced therewith,
together with penalties and interest and costs, and the county treasurer, upon collection of the
same, shall transfer the same to the treasurer of the corporation.
    Subd. 3. Levy limit. In any budget certified by the commissioners under this section,
the amount included for operation and maintenance shall not exceed an amount which, when
extended against the property taxable therefor under section 473.621, subdivision 5, will require a
levy at a rate of 0.00806 percent of market value. Taxes levied by the corporation shall not affect
the amount or rate of taxes which may be levied by any other local government unit within the
metropolitan area under the provisions of any charter.
    Subd. 4. Noise mitigation. (a) According to the schedule in paragraph (b), commission
funds must be dedicated (1) to supplement the implementation of corrective land use management
measures approved by the Federal Aviation Administration as part of the commission's Federal
Aviation Regulations, part 150 noise compatibility program, and (2) for soundproofing and
accompanying air conditioning of residences, schools, and other public buildings when there is
a demonstrated need because of aircraft noise, regardless of the location of the building to be
soundproofed.
(b) The noise mitigation program described in paragraph (a) shall be funded by the
commission from whatever source of funds according to the following schedule:
In 1993, an amount equal to 20 percent of the passenger facilities charges revenue amount
budgeted by the commission for 1993;
In 1994, an amount equal to 20 percent of the passenger facilities charges revenue amount
budgeted by the commission for 1994;
In 1995, an amount equal to 35 percent of the passenger facilities charges revenue amount
budgeted by the commission for 1995; and
In 1996 and 1997, an amount equal to 40 percent of the passenger facilities charges revenue
amount budgeted by the commission for 1996.
(c) From 1996 to 2002, the commission shall spend no less than $185,000,000 from any
source of funds for insulation and accompanying air conditioning of residences, schools, and
other publicly owned buildings where there is a demonstrated need because of aircraft noise; and
property acquisition, limited to residences, schools, and other publicly owned buildings, within
the noise impacted area. In addition, the corporation shall insulate and air condition four schools
in Minneapolis and two schools in Richfield that are located in the 1996 60 Ldn contour.
(d) Before the commission constructs a new runway at Minneapolis-St. Paul International
Airport, the commission shall determine the probable levels of noise that will result in various
parts of the metropolitan area from the operation of aircraft on the new runway and shall develop
a program to mitigate noise in those parts of the metropolitan area that are located outside the
1996 65 Ldn contour but will be located within the 65 Ldn contour as established after the new
runway is in operation. Based upon this determination, the commission shall reserve in its
annual budget, until noise mitigation measures are completed, an amount of money necessary to
implement this noise mitigation program in the newly impacted areas.
(e) The commission's capital improvement projects, program, and plan must reflect the
requirements of this section. As part of the commission's report to the legislature under section
473.621, subdivision 1a, the commission must provide a description and the status of each noise
mitigation project implemented under this section.
(f) Within 180 days of submitting the commission's and the Metropolitan Council's report
and recommendations on major airport planning to the legislature as required by section
473.618, the commission, with the assistance of its sound abatement advisory committee, shall
make a recommendation to the state Advisory Council on Metropolitan Airport Planning
regarding proposed mitigation activities and appropriate funding levels for mitigation activities
at Minneapolis-St. Paul International Airport and in the neighboring communities. The
recommendation shall examine mitigation measures to the 60 Ldn level. The state Advisory
Council on Metropolitan Airport Planning shall review the recommendation and comment to the
legislature within 60 days after the recommendation is submitted to the council.
History: 1975 c 13 s 116; 1986 c 444; 1988 c 719 art 5 s 84; 1989 c 277 art 4 s 74; 1989 c
329 art 15 s 20; 1992 c 551 s 1,2; 1994 c 416 art 1 s 55; 1996 c 320 s 1; 1996 c 464 art 3 s 13

473.662 EARNINGS, HOW APPLIED.
The earnings of the corporation shall be applied as follows: (a) to the payment of interest on
its bonds and of any principal of such bonds which is due and payable; (b) to the establishment of
a sufficient fund to pay interest and principal on its bonds which will be payable in the following
fiscal year; and (c) to the other purposes set out in section 473.608, subdivision 13. If the amount
included in the budget for any year, including the sum necessary to make payment of interest
on and principal of bonds in the ensuing fiscal year is not sufficient to meet the needs of the
corporation for that year, any deficit shall be included in the budget of the corporation for the
following year.
History: 1975 c 13 s 117

473.665 BONDS, ISSUANCE.
    Subdivision 1. Up to $125,000,000. In anticipation of the receipt by the corporation of
payments by cities herein provided for, appropriations, rents, and profits, and of income from
any other source, and for the purpose of securing funds as needed for the payment of the cost
of property acquired, airports constructed and purchased, and other purposes herein authorized,
the corporation is hereby authorized to issue its bonds in an aggregate principal amount not
exceeding $125,000,000, bearing interest at a rate not to exceed five percent per annum, payable
semiannually. Notwithstanding any provision to the contrary included within the charter of either
city or any general or special law of the state of Minnesota they may be issued and sold without a
vote upon said question by electors of either city.
    Subd. 2. Terms. Such bonds shall be of such date, denominations, place of payment, form,
and details as may be determined by such corporation, not inconsistent with the provisions of
sections 473.601 to 473.679. They shall mature serially, the first installment to fall due in not more
than three years and the last in not more than 30 years from their date, and no annual maturing
installment shall exceed by five times the amount of the smallest annual maturing installment;
provided, that the amount of such installments of principal may be such that the increase thereof
from year to year shall approximately equal the decrease from year to year in the interest of the
bonds remaining unpaid. Any bond may reserve the right of its redemption and prepayment at a
date or dates fixed therein at par and accrued interest or at such premium and upon such notice as
shall be determined by the corporation prior to the issuance of the bond.
    Subd. 3. Formalities. The bonds shall be signed by the chair, attested by the secretary and
countersigned by the treasurer, of the corporation. The interest coupons to be thereto attached
shall be executed and authenticated by the printed, engraved or lithographed facsimile signatures
of the chair and secretary. The signatures of at least one of the officers signing the bonds shall
be manual but those of the others may be printed, engraved or lithographed facsimiles. The
validity of bonds or coupons so executed shall remain unimpaired by the fact that one or more
of such officers shall have ceased to be in office before their delivery to the purchaser or shall
not have been in office on the formal date of the bonds. Section 475.60, in so far as applicable,
shall apply to the negotiation and sale of the bonds. They shall not impose any personal liability
upon any member of the corporation.
    Subd. 4. Security, payment. The bonds shall be secured by pledge of the full faith, credit,
and resources of the cities in and for which the corporation has been created. The corporation is
hereby authorized to pledge such full faith, credit, and resources, and specific consent thereto
by each city shall be conclusively presumed from the appointment of commissioners by the
council thereof. They shall be paid from tax levies as hereinafter provided, and from earnings of
the corporation, or may be secured by mortgage or deed of trust on any of the property owned
by the corporation. As to bonds negotiated and sold independent of the original $15,000,000
authorization plus $5,000,000, however, the proceeds derived therefrom shall be used by the
corporation only for the acquisition of lands, if acquisition of additional lands be necessary, and
the construction upon lands, either to be acquired or already acquired, of such revenue producing
airport facilities as will be, in the considered judgment of the commissioners of the corporation,
self-liquidating over the useful life of such facilities; and such facilities shall be covered by such
contracts or by such charges as such commissioners shall establish for the use thereof as will,
in the considered judgment of such commissioners, make such facilities self-liquidating; and
before the negotiation and sale of any such bonds, such commissioners shall by resolution find,
determine and declare that the facilities for which the bonds are to be issued will to the best of
their judgment be self-liquidating. The corporation may in like manner issue and sell bonds for
the purpose of refunding any bonds theretofore issued in accordance with this section which by
their terms are prepayable at the time of such refunding; and such refunding bonds shall not be
included in computing the foregoing limits on amounts of bonds issuable by the corporation.
    Subd. 5. Tax levy; surplus; reduction. The corporation, upon issuing any bonds under the
provisions of this section, shall, before the issuance thereof, levy for each year, until the principal
and interest are paid in full, a direct annual tax on all the taxable property of the cities in and for
which the corporation has been created in an amount not less than five percent in excess of the
sum required to pay the principal and interest thereof, when and as such principal and interest
matures. After any of such bonds have been delivered to purchasers, such tax shall be irrepealable
until all such indebtedness is paid, and after the issuance of such bonds no further action of the
corporation shall be necessary to authorize the extensions, assessments, and collection of such
tax. The secretary of the corporation shall forthwith furnish a certified copy of such levy to the
county auditor or county auditors of the county or counties in which the cities in and for which the
corporation has been created are located, together with full information regarding the bonds for
which the tax is levied, and such county auditor or such county auditors, as the case may be, shall
enter the same in the register provided for in section 475.62, or a similar register, and shall extend
and assess the tax so levied. If both cities are located wholly within one county, the county auditor
thereof shall annually extend and assess the amount of the tax so levied. If the cities are located in
different counties, the county auditor of each such county shall annually extend and assess such
portion of the tax levied as the net tax capacity of the taxable property, not including moneys and
credits, located wholly within the city in such county bears to the total net tax capacity of the
taxable property, not including moneys and credits, within both cities. Any surplus resulting from
the excess levy herein provided for shall be transferred to a sinking fund after the principal and
interest for which the tax was levied and collected has been paid; provided, that the corporation
may, on or before October 15 in any year, by appropriate action, cause its secretary to certify to
the county auditor, or auditors, the amount on hand and available in its treasury from earnings, or
otherwise, including the amount in the sinking fund, which it will use to pay principal or interest
or both on each specified issue of its bonds, and the county auditor or auditors shall reduce the
levy for that year, herein provided for by that amount. The amount of funds so certified shall be set
aside by the corporation, and be used for no other purpose than for the payment of the principal
and interest of the bonds. All taxes hereunder shall be collected and remitted to the corporation by
the county treasurer or county treasurers, in accordance with the provisions of law governing the
collection of other taxes, and shall be used solely for the payment of the bonds where due.
    Subd. 6. Must tax as necessary for bonds. This section shall not be construed as limiting
the power of the corporation to levy taxes to pay its bonds issued hereunder but such corporation
shall have the authority and it shall be its duty to levy any taxes necessary to provide revenue to
pay such bonds.
    Subd. 7. Keep bonds six years. The treasurer may destroy all redeemed bonds and coupons
issued by the commission which have been on file in the treasurer's office for more than six years.
History: 1975 c 13 s 118; 1986 c 444; 1988 c 719 art 5 s 84; 1989 c 329 art 13 s 20

473.666 BONDS, LEGAL INVESTMENTS FOR PUBLIC FUNDS.
Bonds legally issued pursuant to sections 473.601 to 473.679 or acts amendatory thereof
or supplemental thereto, may be purchased by the State Board of Investment for the permanent
school fund, permanent university fund, swamp land fund, internal improvement land funds, or
any other trust fund of the state of Minnesota, or for any other fund administered by such board,
and shall be deemed authorized securities within the provisions of section 50.14, and shall be
proper for the investment of capital, surplus, or deposits of any savings bank or trust company,
and for the investment of funds of any insurance company, and for the investment of any sinking
funds held by any public or municipal corporation, and may be pledged by any bank or trust
company as security for the deposit of public moneys therein in lieu of surety bonds. The bonds
shall be deemed and treated as instrumentalities of a public government agency.
History: 1975 c 13 s 119; 1983 c 213 s 24

473.667 GENERAL OBLIGATION REVENUE FINANCING.
    Subdivision 1. Scope. The metropolitan airports commission shall have all the powers
and duties set forth in this section, in addition to the powers granted and the duties imposed
and notwithstanding any limitations of such powers set forth in any other law or city charter
provision. These powers and duties are likewise granted to and imposed upon any successor
public corporation, agency, or subdivision of the state in which the commission's property, rights,
powers, obligations, and duties, or any of them, may in the future be vested by law.
    Subd. 2. Borrowing authorization. No additional bonds shall be issued under the provisions
of section 473.665, over and above the amount outstanding April 1, 1974. Except for refunding
bonds and certificates of indebtedness, the principal amount of bonds that may be issued under
this section, over and above the amount of bonds of the commission outstanding January 15,
1988, is limited to $150,000,000 until and unless this limitation is increased by law. The pledge of
revenues of the commission to its debt service fund in lieu of the taxes otherwise required by
section 473.665 to be assessed and extended shall be and remain a first charge on all current
revenues of the commission to the extent required annually to cancel such taxes.
    Subd. 3. General obligation revenue bonds. Subject to the provisions of subdivision 2 the
commission may issue bonds for the acquisition and betterment of airports and air navigation
facilities, and for the refunding of such bonds and of certificates of indebtedness issued under
subdivision 10, in the same manner and with the same powers and duties as a municipality under
the provisions of chapter 475 except as otherwise provided in this section. The bonds shall be
designated as general obligation revenue bonds, and shall be payable primarily from and secured
under resolutions of the commission by an irrevocable pledge and appropriation of the revenues
to be derived from rates, fees, charges, and rentals to be imposed, maintained, and collected for
all use, service, and availability of airport and air navigation facilities owned and to be owned
or operated by the commission. They shall be further secured by the pledge of the full faith and
credit of the commission, which shall be obligated to levy upon all taxable property within the
metropolitan area a tax at such times and in such amounts, if any, as may be required to provide
funds sufficient to pay all of the bonds and interest thereon when due and to maintain a reserve
securing such payments in the manner and to the extent provided in this section. This tax, if
ever required to be levied, shall not be subject to any limitation of rate or amount. The security
afforded by this section extends equally and ratably to all general obligation revenue bonds of
the commission, except that nothing herein shall prevent the commission from pledging current
revenues from a particular facility or group of facilities first to the payment and security of
bonds issued to finance such facilities.
    Subd. 4. Debt service fund. The commission shall maintain permanently on its official
books and records an account or accounts referred to herein collectively as the debt service fund,
separate from all other funds and accounts, to record all receipts and disbursements of money for
principal and interest payments on its bonds, and on certificates of indebtedness issued pursuant to
subdivision 10. At or before the due date of each principal and interest payment on said bonds and
certificates the treasurer shall remit from the debt service fund to the payment agent for the issue
an amount sufficient for such payment, without further order from the commission. At or before
the time of delivery of any series of bonds the commission shall withdraw from the proceeds
thereof, or from revenues then on hand and available for the purpose, and shall deposit in the debt
service fund such amount, if any, as may be required to establish in the fund a balance of cash and
investments at least equal to the total amount of principal and interest then due and to become due
on bonds of the commission to the end of the following year, but not exceeding the total amount
of principal and interest then due and to become due on bonds of the commission to the end of the
second following year. The commission shall also deposit in the fund on or before October 10
in each year, from revenues received in excess of budgeted current expenses of operation and
maintenance of its property and of carrying on its business and activities, or from other available
moneys, amounts at least sufficient to permit cancellation of the taxes referred to in subdivision 2
and to pay principal and interest due on the following year on general obligation revenue bonds of
the commission; and, to the extent determined by the commission, sufficient to produce a balance
of cash and investments therein not exceeding the total amount of principal and interest due and
to become due on all bonds of the commission to the end of the second following year. If such
revenues or other available moneys are insufficient in any year to produce the required minimum
balance or any larger balance established by the commission, then unless provision is made for
restoring the deficiency in accordance with the provisions of subdivision 8, the commission shall
levy and appropriate to the debt service fund, and certify to the county auditors of all counties in
the metropolitan area, a tax in accordance with subdivision 3 in an amount at least five percent in
excess of the deficiency. For the purpose of determining the balance in the debt service fund at
any time, investments held therein shall be valued at the principal amount payable at maturity
if they mature in the following year, or otherwise at market value, plus the amount of interest
receivable thereon to the end of the following year.
    Subd. 5. Rates, fees, charges, and rentals. The commission shall be obligated to the holders
of its bonds, and to the owners of all property subject to taxation for the payment thereof, to
establish, revise from time to time, and collect rates, fees, charges, and rentals for all airport and
air navigation facilities and service used by and made available to any person, firm, association,
or corporation according to schedules such as to produce revenues at all times sufficient for
the requirements of the debt service fund as provided in subdivision 4, and sufficient also to
pay when due all expenses of operation and maintenance of the commission's property and of
carrying on its business and activities in accordance with law. The payment of such rates, charges,
fees, and rentals by any party for the use of any facility or service for any period, other than use
permitted to the public generally, shall be secured by a lease or other agreement requiring such
party to pay each year an amount sufficient to provide for the payment of a share of the principal
and interest due during this period on all bonds of the commission, proportionate to the amount
of such bonds issued to provide the facility or service and to the amount of use thereof assured
to such party in comparison with others. If a tax is ever required to be levied for a debt service
fund deficiency under the provisions of subdivision 4, the commission shall immediately take
all action permitted by law and under its leases and other agreements to enforce the payment of
rates, fees, charges, and rentals then due, and to raise the amounts thereof payable in the future to
the extent required for conformity with subdivision 4 and for repayment of the deficiency with
interest at six percent per annum.
    Subd. 6. Reimbursement of debt service fund deficiencies. If a debt service fund
deficiency tax is ever certified in accordance with subdivision 4, each county auditor shall extend
it on the tax roll of the auditor's county in that proportion which the net tax capacity of taxable
property within the county then bears to the net tax capacity of all taxable property within the
metropolitan area, and shall certify to the commission the amount so extended. Thereafter the
commission shall be obligated to repay to the treasurer of each county the amount extended upon
its tax roll with interest at six percent per annum from the dates of payment of the deficiency tax
to the commission to the date or dates of repayment. The commission shall certify to each county
auditor the principal amount to be so paid to the county before October 10 in each subsequent
year, and the county auditor shall reduce by this amount the taxes levied by the county which are
to be extended upon its tax rolls then in preparation.
    Subd. 7. Conditions. Bonds of the commission shall not be conditioned upon an election, but
no bonds shall be issued at any time, except for refunding in the cases described in subdivision
8, unless the required balance in the debt service fund is first established in accordance with
subdivision 4, and the commission determines on one of the bases described in this subdivision
that the revenues to be received by it each year during the term of the proposed issue will be at
least sufficient to pay when due all of the commission's bonds and interest thereon, including
the new issue but excluding any bonds refunded thereby, and to establish the balance required
in the debt service fund by October 10. Before the bonds are delivered to the purchaser, the
commission shall secure either:
(a) A report of audit of the commission's financial records for the fiscal year most recently
ended or, if this is not yet available, a report for the preceding year, prepared by a nationally
recognized firm of certified public accountants, showing that the net revenues received that year,
computed as the gross receipts less any refunds of rates, fees, charges, and rentals for airport
and air navigation facilities and service, less the aggregate amount of current expenses, paid or
accrued, of operation and maintenance of property and carrying on the commission's business
and activities, equaled or exceeded the maximum amount of then outstanding bonds of the
commission and interest thereon to become due in any future fiscal year; or
(b) A lease or other agreement or agreements for the operation or use by one or more
airline corporations of the facility for which the bonds are proposed to be issued, requiring such
corporation or corporations to pay all costs of operation and maintenance thereof and to pay
additional rentals or charges at the times and in not less than the amounts required to pay all of
the bonds and interest thereon when due and to establish the annual balance required in the debt
service fund to secure such payments, together with a report of audit showing net revenues
fulfilling the condition in clause (a) as to all other bonds then outstanding or then to be issued; or
(c) A written report prepared by a nationally recognized consultant on airport management
and financing, projecting gross receipts, current expenses, and net revenues at least sufficient
during each year of the term of the proposed bonds to pay all principal and interest due on all
bonds and to establish and maintain the required annual debt service fund balance, and stating the
estimates of air traffic, rate increases, inflation, and other factors on which the projection is based.
    Subd. 8. Refunding deficiencies. If in any year the revenues available for transfer to the debt
service fund are or will in the judgment of the commission be insufficient to produce the balance
required thereon on October 10 under the provisions of subdivision 4, or to make any interest or
principal payment due on certificates of indebtedness issued under the provisions of subdivision
10, the commission may, with the approval of the council, issue refunding bonds and appropriate
the proceeds to the debt service fund in the amount needed to restore the deficiency, provided that
the refunding bonds shall not mature earlier than the date or dates when the commission estimates
that the revenues from enforced or increased rates, fees, charges, and rentals will be sufficient to
pay them and to meet all other requirements of the debt service fund as stated in subdivision 4.
    Subd. 8a. Refunding bonds. The commission may issue general obligation revenue
refunding bonds to refund bonds issued pursuant to this section in accordance with section
475.67, subdivisions 1 to 11.
    Subd. 9. Additional taxes. Nothing herein shall prevent the commission from levying a tax
not to exceed 0.00121 percent of market value on taxable property within its taxing jurisdiction,
in addition to any levies found necessary for the debt service fund authorized by section 473.671.
Nothing herein shall prevent the levy and appropriation for purposes of the commission of any
other tax on property or on any income, transaction, or privilege, when and if authorized by law.
All collections of any taxes so levied shall be included in the revenues appropriated for the
purposes referred to in this section, unless otherwise provided in the law authorizing the levies;
but no covenant as to the continuance or as to the rate and amount of any such levy shall be made
with the holders of the commission's bonds unless specifically authorized by law.
    Subd. 10. Emergency borrowing. If in any budget year revenue receipts should from any
unforeseen cause become insufficient to pay budgeted current expenses, or if a public emergency
should necessitate expenditures in excess of revenues anticipated to meet the current budget, the
commission may make an emergency appropriation sufficient to meet the deficiency and may
authorize the issuance and sale of general obligation certificates of indebtedness in this amount,
maturing not later than October 10 in the following budget year, at public or private sale and
upon such other terms and conditions as the commission may determine. The principal of and
interest on such certificates of indebtedness, unless paid from other revenues, shall be payable
from the debt service fund.
    Subd. 11. Additional bonds. (a) The commission may issue general obligation revenue
bonds under this section for the purposes of:
(1) acquiring by purchase real and personal properties located within the metropolitan area
that are related to airline operations to be leased to airline corporations, or to other corporations
affiliated by common ownership with airline corporations, for use in connection with their airline
operations, including real and personal properties for use as flight training facilities; and
(2) financing or refinancing real and personal properties owned by the commission which
may include discharging a leasehold interest on the properties to be leased to airline corporations
and used in connection with the operations of the airline corporations at airports under the
commission's jurisdiction.
Prior to the issuance of the general obligation revenue bonds, the commission shall enter into
a lease with the airline corporations, or with other corporations affiliated by common ownership
with airline corporations, for the use of the acquired real and personal properties referenced in
clause (1), and shall enter into a revenue agreement with the airline corporation for the use of the
properties financed or refinanced referenced in clause (2). The commission shall seek to obtain
the best available terms and security for the lease and agreement. The terms and security must be
reasonably determined by the commission to be adequate and of the kind and degree which would
be required by an investment banking or other financial institution. All such properties are airport
facilities for purposes of complying with the provisions of subdivisions 3 and 5.
(b) In addition to the covenants and agreements otherwise required or negotiated by the
commission, the leases and revenue agreements for the properties must contain covenants and
agreements by the airline corporation, and if the user is not the airline corporation, also by the
airline corporation, satisfactory to the commission providing for:
(1) the payment of rents in amounts and at times adequate to pay the principal and interest as
due on the general obligation revenue bonds issued to acquire, finance, or refinance the properties
and to pay the commission's costs and expenses of issuing the bonds and acquiring and owning
the properties, and otherwise satisfying the requirements of section 469.155, subdivision 5;
(2) the adequate security for payment of rents so that the net unencumbered value of the
leased property described in paragraph (a), clause (1), and other collateral pledged to the
commission from time to time by the airline corporation, as independently appraised at the time
of issuance and periodically to the satisfaction of the commission during the term of the general
obligation revenue bonds, is a percentage of the principal amount of the outstanding general
obligation revenue bonds under this subdivision as determined by the commission; provided that
the percentage determined by the commission must not be less than 125 percent;
(3) the retention and location of operations and facilities, including headquarters, of the
airline corporation in the metropolitan area and the state for the term of the lease and aircraft
noise abatement; and
(4) early repayment, or the establishment of a defeasance account to provide for timely
repayment, of the general obligation revenue bonds upon the occurrence of events and upon
terms and conditions as are satisfactory to the commission, together with financial requirements
and covenants satisfactory to the commission.
(c) The purchase price of the acquired properties described in paragraph (a), clause (1),
must be in an amount equivalent to a percentage of its then fair market value as determined by
the commission; provided that the percentage shall not exceed 85 percent. The portion of the
general obligation revenue bonds attributable to the financing or refinancing of the property
described in paragraph (a), clause (2), must be in an amount equivalent to a percentage of its
then fair market value as determined by the commission; provided that the percentage shall not
exceed 85 percent. The principal amount of the general obligation revenue bonds issued under
this subdivision is limited to $270,000,000 in excess of the amount authorized by subdivision
2; provided that the sum of the original principal amounts of the general obligation revenue
bonds issued under this subdivision, and the revenue bonds issued under section 473.6671, shall
not exceed $390,000,000. Before the commission may issue the general obligation revenue
bonds described in this subdivision, the commission shall have received, in form and substance
satisfactory to the commission, reports described in section 473.6671, subdivision 3, relating to
the general obligation revenue bonds.
(d) In addition to other purposes authorized by law, the proceeds of the general obligation
revenue bonds may be used to fund a debt service reserve account or other reserve account.
    Subd. 12. Bonds for heavy maintenance facility. (a) The commission may issue general
obligation revenue bonds under this section for the purpose of acquisition and betterment of a
heavy maintenance facility for aircraft to be located at Minneapolis-St. Paul International Airport.
The heavy maintenance facility must be owned by the commission and leased to and operated by
airline corporations, for use by airline corporations in connection with their airline operations.
The principal amount of the general obligation revenue bonds issued under this subdivision is
limited to $230,000,000 in excess of the amount authorized by subdivision 2.
(b) To reduce the risk that commission money, including a property tax levy, will be needed
to pay debt service on the general obligation revenue bonds, the commission must require
that the financing arrangements include a coverage test satisfactory to the commission, so that
the sum of the value of the assets and other security pledged to the payment of the general
obligation revenue bonds or the rent due under any lease of the facility and taken into account
by the commission is no less than 125 percent of the difference between the outstanding general
obligation revenue bonds and any cash collateral held in a debt service reserve fund and pledged
to the payment of principal and interest for the general obligation revenue bonds and no other
bonds. Assets and other security that may be taken into account include (1) the net unencumbered
value of the facility and any collateral or third party guaranty, including a letter of credit, pledged
or otherwise furnished by a user of the facility or by a benefited airline company as security
for the payment of rent, (2) the general obligation revenue bond proceeds, including earnings
thereon, and (3) prepayments of rent, after making such adjustments the commission determines
to be appropriate to take into account any outstanding bonds secured by a lien on the facility or
rent that is prior to the lien thereon that is securing the general obligation revenue bonds, but
excluding any cash collateral deducted from the outstanding general obligation revenue bonds in
applying the coverage test. The commission may adopt the method of valuing the assets and other
security it determines to be appropriate, including valuation of the facility as its original cost less
depreciation. Cash collateral means cash or securities issued or unconditionally guaranteed as
to payment of principal and interest by the United States of America and maturing or callable
at the option of the holder within two years.
(c) In addition to other purposes authorized by law, the proceeds of the general obligation
revenue bonds may be used to fund a debt service reserve account or other reserve account.
(d) For purposes of this subdivision, the commission may exercise any powers vested in a
redevelopment agency under sections 469.152 to 469.165. Any deed granted or received by the
commission and any mortgage granted by the commission in connection with the issuance of the
general obligation revenue bonds is exempt from deed tax and mortgage registry tax imposed
under chapter 287. The lease must contain covenants and agreements by the airline corporation
and any successor in interest providing for: (1) the retention and location of existing employees,
operations, and facilities, including headquarters, of the airline corporation in the state until the
principal and interest on the last series of bonds are paid; and (2) aircraft noise abatement.
History: 1975 c 13 s 120; 1978 c 531 s 1-3; 1980 c 450 s 1; 1981 c 27 s 1; 1986 c 444;
1988 c 664 s 3; 1988 c 719 art 5 s 84; 1989 c 277 art 4 s 75; 1989 c 329 art 15 s 20; 1991 c
350 art 2 s 1,3,5

473.6671 REVENUE BONDS.
    Subdivision 1. Authorization. (a) The commission may issue revenue bonds for the purpose
of:
(1) acquiring by purchase real and personal properties located within the metropolitan area
that are related to airline operations to be leased to airline corporations, or to other corporations
affiliated by common ownership with airline corporations, for use in connection with their airline
operations, including real and personal properties for use as flight training facilities; and
(2) financing or refinancing real and personal properties owned by the commission to
be leased to airline corporations and used in connection with the operations of the airline
corporations at airports under the commission's jurisdiction.
Prior to the issuance of the revenue bonds, the commission shall enter into a lease with the
airline corporations, or with other corporations affiliated by common ownership with airline
corporations, for the use of such acquired real and personal properties referenced in clause
(1), and shall enter into a revenue agreement with the airline corporation for the use of the
properties financed or refinanced referenced in clause (2). The commission shall seek to obtain
the best available terms and security for the lease and agreement. The terms and security must be
reasonably determined by the commission to be adequate and of the kind and degree which would
be required by an investment banking or other financial institution.
(b) In addition to the covenants and agreements otherwise required or negotiated by the
commission, the leases and revenue agreements for the properties must contain covenants and
agreements by the airline corporation, and if the user is not the airline corporation, also by the
airline corporation, satisfactory to the commission providing for:
(1) the payment of rents in amounts and at times adequate to pay the principal and interest as
due on the revenue bonds issued to acquire, finance, or refinance the properties and to pay the
commission's costs and expenses of issuing the bonds and acquiring and owning the properties,
and otherwise satisfying the requirements of section 469.155, subdivision 5;
(2) the retention and location of operations and facilities, including headquarters, of the
airline corporation in the metropolitan area and the state for the term of the lease;
(3) aircraft noise abatement; and
(4) early repayment, or the establishment of a defeasance account to provide for timely
repayment, of the general obligation revenue bonds upon the occurrence of events and upon
terms and conditions as are satisfactory to the commission, together with financial requirements
and covenants satisfactory to the commission.
(c) The sum of the original principal amounts of the revenue bonds issued under this
subdivision, and the general obligation revenue bonds issued under section 473.667, subdivision
11 , shall not exceed $390,000,000. Except as provided in this section, the revenue bonds must
be issued in the manner and are subject to the requirements of chapter 475. Compliance with
the requirements of section 475.60 is at the discretion of the commission. For purposes of this
subdivision, the commission may exercise any powers vested in a redevelopment agency under
sections 469.152 to 469.165.
    Subd. 2. Security and source of payment. The revenue bonds described in subdivision 1
are payable solely from and secured by the revenues derived by the commission from the leases
upon the properties described in subdivision 1, paragraph (a), clause (1), the revenue agreements
upon the properties described in subdivision 1, paragraph (a), clause (2), and other revenues as the
commission may designate and pledge which are derived from the ownership and operation of
its airports, air navigation facilities and other facilities; provided that the pledge and application
of all revenues to the payment and security of the revenue bonds are subject and subordinate
to the first and prior charge thereon for the payment and security of the commission's general
obligation revenue bonds as provided in section 473.667. The revenue bonds shall not be payable
from or charged upon any funds or assets of the commission other than the commission revenues
expressly pledged to their payment. An owner of the revenue bonds may not compel any exercise
of the taxing power of the commission, the state, or any other taxing jurisdiction. Each bond must
state in substance the limited nature of the obligations. The revenue bonds may be further secured
by an assignment of leases with respect to the properties acquired, financed, or refinanced by the
revenue bonds, and (i) with respect to the properties described in subdivision 1, paragraph (a),
clause (1), by a mortgage and security agreement upon the properties and by other collateral as is
pledged to secure the obligations of the airline corporation or other lessee under the leases on the
properties, and (ii) with respect to the properties described in subdivision 1, paragraph (a), clause
(2), by other collateral as is pledged to secure the obligations of the airline corporation under the
revenue agreements. Any deed granted or received by the commission and any mortgage granted
by the commission in connection with the issuance of the revenue bonds is exempt from deed
tax and mortgage registry tax imposed under chapter 287. In the resolution, trust indenture, or
other instrument providing for the issuance of the revenue bonds, the commission may provide
for or require the creation of accounts from sources specified by the commission for the payment
and security of the revenue bonds, including a debt service reserve account, separate from the
accounts maintained for payment of the general obligation revenue bonds. The sources specified
by the commission may include a portion of the proceeds of revenue bonds or payment by the
airline corporation. The leases described in subdivision 1, paragraph (a), clause (1), and the
revenue agreements described in subdivision 1, paragraph (a), clause (2), must provide that if
the commission determines to pledge any of its revenues to secure the revenue bonds, including
revenues deposited into a debt service reserve account for the revenue bonds, the airline
corporation concurrently shall pledge assets to the commission as security for repayment of the
pledged revenues so that the net unencumbered values of the pledged assets, as independently
appraised at the time of issuance and periodically to the satisfaction of the commission during the
term of the revenue bonds, is a percentage of the amount of commission revenues so pledged as
determined by the commission; provided that the percentage shall not be less than 125 percent.
    Subd. 3. Due diligence conditions. (a) Before the commission may issue the revenue bonds
described in subdivision 1, the commission must receive, in form and substance satisfactory to
the commission:
(1) a report of audit of the commission's financial records for the fiscal year most recently
ended or, if this is not yet available, a report for the preceding year, prepared by a nationally
recognized firm of certified public accountants, showing that the net revenues received that year,
computed as the gross receipts less any refunds of rates, fees, charges, and rentals for airport and
air navigation facilities and service, and less the aggregate amount of current expenses, paid or
accrued, of operation and maintenance of property and carrying on the commission's business
and activities, equaled or exceeded the maximum amount of then outstanding bonds of the
commission and interest thereon to become due in any future fiscal year;
(2) a written report, prepared by an independent, nationally recognized consultant on
airport management and financing engaged by the commission, on the financial condition of the
airline corporation, and any corporations selected by the commission and affiliated with the
corporation by common ownership, projecting available revenues of the airline corporation at
least sufficient during each year of the term of the proposed revenue bonds to pay when due all
financial obligations of the airline corporation under the revenue agreements and leases described
in subdivision 1 and stating the factors on which the projection is based; and
(3) a written report prepared by a nationally recognized consultant on airport management
and financing, projecting available revenues of the commission at least sufficient during each
year of the term of the proposed revenue bonds to pay all principal and interest when due on the
revenue bonds, and stating the estimates of air traffic, rate increases, inflation, and other factors
on which the projection is based.
(b) Business plans, financial statements, customer lists, and market and feasibility studies
provided to the consultant or the commission by the airline company or a related company under
paragraph (a), are nonpublic data as defined in section 13.02, subdivision 9.
History: 1991 c 350 art 2 s 4

473.668 MUNICIPALITIES TO GUARANTEE BONDS OF COMMISSION.
Bonds issued pursuant to the provisions of sections 473.601 to 473.679, by either city shall
be secured by the full faith, credit, and resources of the city issuing them, shall be paid from tax
levies made in conformity with sections 475.61 and 475.74, and shall be sold in the manner
prescribed by section 475.60. No provision of any existing law or special or home rule charter
under which either city may be acting shall be deemed or construed to impair, curtail, or limit in
amount, form, or manner the power to issue any bonds pursuant to sections 473.601 to 473.679,
and the bonds issued by either city or by the corporation pursuant to sections 473.601 to 473.679,
shall not be included in computing the net indebtedness of such municipality under any applicable
law or charter.
History: 1975 c 13 s 121

473.671 LIMIT OF TAX LEVY.
The taxes levied against the property of the metropolitan area in any one year shall not
exceed 0.00806 percent of taxable market value, exclusive of taxes levied to pay the principal
or interest on any bonds or indebtedness of the city issued under Laws 1943, chapter 500, and
exclusive of any taxes levied to pay the share of the city for payments on bonded indebtedness of
the corporation provided for in Laws 1943, chapter 500. The levy of taxes authorized in Laws
1943, chapter 500, shall be in addition to the maximum rate allowed to be levied to defray the cost
of government under the provisions of the charter of any city affected by Laws 1943, chapter 500.
History: 1975 c 13 s 122; 1988 c 719 art 5 s 84; 1989 c 277 art 4 s 76

473.672 METROPOLITAN AREA TAX LEVY.
Notwithstanding the provisions of section 473.671 or any other provision of sections 473.601
to 473.679, any tax levy required to be made to pay debt service on any bonds heretofore or
hereafter issued by the commission shall not be restricted to the cities of Minneapolis and St. Paul
but shall be levied against all the taxable property in the metropolitan area in accordance with
the provisions of section 473.667.
History: 1975 c 13 s 123

473.675 LEGAL PROCEEDINGS.
    Subdivision 1. Certiorari. A review of any order of the commission may be had upon
certiorari in the District Court of Ramsey County upon petition of any party to the proceedings
before the commission. The court may, in its discretion, stay the operation of the order sought to
be reviewed for such time and on such terms as it deems advisable.
    Subd. 2. Bonds, when required in public airports litigation. When any action or
proceeding at law or in equity has been or shall hereafter be commenced questioning the right,
power, or authority of a public corporation created and operating under sections 473.601 to
473.679 to make or perform any contract for the development or improvement of an airport
under its control and operation or the structures or facilities thereon or contemplated therefor, or
to issue, sell, or deliver the corporations' bonds to pay therefor, the corporation may, if it deems
that the pendency of such litigation might, directly or indirectly, delay the completion of such
improvement or bond issue or otherwise be injurious to the public interests and taxpayers, move
the court in which the litigation is pending to require the party or parties who instituted the same
to give a surety bond in accordance with subdivisions 2 to 5.
    Subd. 3. Special appearance in litigation by public airports corporation. If the
corporation is not a party to the litigation, it may appear specially for the purpose of making and
being heard on such a motion. Three days' notice of hearing on the motion shall be given. If the
court determines that loss or damage to the public or taxpayers may result from the pendency
of the action or proceeding, the court may require the party or parties who instituted the same
to give a surety bond, approved by the court or judge, in a penal sum to be determined by the
court to protect against such loss or damage, whether or not a temporary injunction or restraining
order against the corporation shall have been demanded or ordered. If the bond so ordered be not
filed within the reasonable time allowed therefor by the court, the action or proceeding shall be
dismissed with prejudice. Such bond shall be executed by the party who instituted the litigation,
or some person for the party, as principal and conditioned for the payment to the corporation of
such damage as the public and taxpayers shall sustain by reason of the litigation, if the court
finally decides that the party or parties were not entitled to the relief sought. The amount of
damages may be ascertained by a reference or otherwise as the court shall direct, in which case
the sureties shall be concluded as to the amount but the damages shall be recoverable only in an
action on the bond. If the party or parties by or for whom such bond is furnished prevails in the
litigation, the premium paid on the bond shall be repaid by or taxed against the corporation.
During the pendency of the litigation, the court, on motion, may require additional security if
found necessary, and upon failure to furnish the same shall dismiss the action or proceeding with
prejudice. The court may likewise, on motion, reduce the amount of a bond theretofore required
or release the bond upon being shown that the amount is excessive or the bond no longer required.
    Subd. 4. Appeals. In litigation where a bond has been required and given under subdivision
3 or the court has denied a motion to require a bond, the court shall advance the case on its
calendar for trial at the earliest feasible date. An appeal from an appealable order made, or from a
judgment entered, in a district court may be taken only within 30 days after entry of judgment or
after written notice of the order from the adverse party.
    Subd. 5. Civil damage actions. Nothing contained in this section shall affect the rights of
any aggrieved person to bring a suit for civil damages. No bond shall be required therein except as
otherwise provided by law.
History: 1975 c 13 s 124; 1983 c 247 s 161; 1986 c 444

473.679 CONSTRUCTION OF LAW.
Sections 473.601 to 473.679, shall not be construed so as to abridge any of the powers
granted by law to the Minnesota aeronautics commission.
History: 1975 c 13 s 125

473.680 TIF DISTRICT FOR HEAVY MAINTENANCE FACILITY.
    Subdivision 1. Authorization. The commission may create a tax increment financing district
as provided in this subdivision on property located at the Minneapolis-St. Paul International
Airport. Except as otherwise provided in this section, the provisions of sections 469.174 to
469.179 apply to the district. The district shall consist of parcels on which the heavy maintenance
facility described in section 473.667, subdivision 12, is proposed to be located. The commission
is the "authority" for purposes of sections 469.174 to 469.179.
    Subd. 2. Characteristics of the district. (a) The district shall be an economic development
district as defined in section 469.174, subdivision 12.
(b) Notwithstanding section 469.176, subdivision 4c, the revenue derived from tax increment
from the district must be used only to pay debt service on general obligation revenue bonds issued
by the commission under section 473.667, subdivision 12.
History: 1991 c 350 art 2 s 6

MOSQUITO CONTROL

473.701 DEFINITIONS.
    Subdivision 1. Terms. As used in sections 473.701 to 473.716, the terms defined in this
section have the meanings given them.
    Subd. 2. District. "District" means the Metropolitan Mosquito Control District created
by section 473.702.
    Subd. 3. Commission. "Commission," unless otherwise specified, means the Metropolitan
Mosquito Control Commission created by section 473.702.
    Subd. 4. Commissioner. "Commissioner" means a member of the commission.
    Subd. 5.[Repealed, 1982 c 579 s 9]
    Subd. 6.[Repealed, 1982 c 579 s 9]
History: 1975 c 13 s 126; 1982 c 579 s 1-3

473.702 ESTABLISHMENT OF DISTRICT; PURPOSE; AREA; GOVERNING BODY.
A Metropolitan Mosquito Control District is created to control mosquitoes, disease vectoring
ticks, and black gnats (Simuliidae) in the metropolitan area. The area of the district is the
metropolitan area defined in section 473.121. The Metropolitan Mosquito Control Commission is
created as the governing body of the district, composed and exercising the powers as prescribed in
sections 473.701 to 473.716.
History: 1975 c 13 s 127; 1982 c 579 s 4; 1983 c 129 s 1; 1989 c 146 s 1; 2003 c 127
art 13 s 2

473.703 COMMISSION.
    Subdivision 1. Metro county commissioners. The district shall be operated by a commission
which shall consist of three members from Anoka County, two members from Carver County,
three members from Dakota County, three members from Hennepin County, three members from
Ramsey County, two members from Scott County, and two members from Washington County.
Commissioners shall be members of the Board of County Commissioners of their respective
counties, and shall be appointed by their respective boards of county commissioners.
    Subd. 2. Terms. The terms of the members of the first commission shall expire on December
31 next following their appointment. Thereafter the terms of the commissioners shall be one
year commencing on January 1 of each year.
    Subd. 3. Vacancy. If a vacancy occurs on the commission, it shall be filled by the appropriate
board of county commissioners.
    Subd. 4. Appointment certificate, acceptance. A person appointed to the commission shall
qualify as a commissioner by filing with the director of the commission a written certificate of
appointment from the person's county auditor, together with a written acceptance of appointment
from the county auditor, together with a written acceptance of the appointment; provided that the
members of the first commission shall file in the office of the county auditor of Hennepin County.
    Subd. 5. January organizational meeting. The commission shall meet on the first Thursday
after the first Monday in January of each year in order to select the officers of the commission for
the current year and to conduct such other organizational business as may be necessary.
    Subd. 6. Officers. The officers, who shall be commissioners, shall be a chair, a vice-chair,
and a secretary, no two of whom shall be from the same county. The chair shall preside at all
meetings of the commission, and in the chair's absence, the vice-chair shall preside. The secretary
shall keep a complete record of the minutes of each meeting.
    Subd. 7. Contract signatories. Contracts and other written instruments of the commission
shall be signed by the chair or vice-chair and by the business administrator of the commission
pursuant to authority from the commission.
    Subd. 8. Bylaws. The commission may adopt bylaws to regulate its own proceedings.
    Subd. 9. One vote per member; quorum. Each commissioner shall have one vote. The
majority of the voting power of the commission shall be a quorum although a smaller number may
adjourn from time to time. Any motion other than adjournment shall be favored by a majority of
the voting power of the commission in order to carry.
    Subd. 10. Legislative audit. The legislative auditor shall audit the books and accounts of the
commission once each year or as often as the legislative auditor's funds and personnel permit. The
commission shall pay the total cost of the audit pursuant to section 3.9741.
History: 1975 c 13 s 128; 1982 c 579 s 5; 1983 c 129 s 2,3; 1984 c 638 s 6; 1986 c 444;
2003 c 127 art 13 s 3

473.704 POWERS AND DUTIES.
    Subdivision 1. Listed here. The commission shall have the powers and duties set forth
in this section.
    Subd. 2. Control programs. It may undertake control programs in the district in accordance
with expert and technical plans.
    Subd. 3. Director; to be entomologist. It may employ and fix the duties and compensation
of a director who shall develop the control programs of the district and shall supervise its
execution; such director shall be an entomologist.
    Subd. 4. Business administrator. It may employ and fix the duties and compensation of a
business administrator who shall administer the business affairs of the commission.
    Subd. 5. Employees, contractors; no nepotism. It may employ such other persons and
contract for such other services as may be needed to carry out the control programs in the district,
except that no person may be employed by the commission who is related to any commissioner.
    Subd. 6.[Repealed, 1996 c 305 art 1 s 108]
    Subd. 7. Materials, supplies, equipment. It may purchase materials, supplies, and
equipment as may be necessary to carry out the control programs in the district.
    Subd. 8. Gifts. It may accept gifts of property for control program purposes.
    Subd. 9. Surplus property. It may sell and dispose of any of the property of the commission
whenever such property is no longer needed for the purposes of the commission. If the estimated
value of any such property is over $2,500, it shall be sold on competitive bids after two weeks'
published notice.
    Subd. 10. Minutes; public inspection. It shall keep proper minutes of all its proceedings
which shall be open to public inspection at all reasonable times.
    Subd. 11. Account books. It shall keep proper and adequate books of accounts showing all
its receipts and disbursements by date, source, and amount.
    Subd. 12. Insurance. It may obtain suitable, proper, and adequate public liability and
workers' compensation insurance and such other insurance as it deems necessary.
    Subd. 13. Pacts outside district. It may enter into agreements with counties, cities or towns
of the state of Minnesota outside of the district to conduct control program activities in these
political subdivisions in order to effectuate control programs in the district and subdivisions.
    Subd. 14. Money from district counties. It may collect and receive from all counties in the
district the money for operation of the district.
    Subd. 15. Any reasonable and necessary acts. It may perform whatever other acts are
reasonable and necessary to carry out the general and specific powers of the commission.
    Subd. 16. Surety bonds. It may require employees of the commission who handle
commission funds to furnish surety bonds in such amount as is determined by the commission.
    Subd. 17. Entry to property. (a) Members of the commission, its officers, and employees,
while on the business of the commission, may enter upon any property within or outside the
district at reasonable times to determine the need for control programs. They may take all
necessary and proper steps for the control programs on property within the district as the director
of the commission may designate. Subject to the paramount control of the county and state
authorities, commission members and officers and employees of the commission may enter
upon any property and clean up any stagnant pool of water, the shores of lakes and streams, and
other breeding places for mosquitoes within the district. The commission may apply insecticides
approved by the director to any area within or outside the district that is found to be a breeding
place for mosquitoes. The commission shall give reasonable notification to the governing body
of the local unit of government prior to applying insecticides outside of the district on land
located within the jurisdiction of the local unit of government. The commission shall not enter
upon private property if the owner objects except (1) to monitor for disease-bearing mosquitoes,
ticks, or black gnats, or (2) for control of mosquito species capable of carrying a human disease in
the local area of a human disease outbreak regardless of whether there has been an occurrence
of the disease in a human being. The commission shall make a reasonable attempt to contact an
objecting owner before entering on the owner's private property.
(b) The commissioner of natural resources must approve mosquito control plans or make
modifications as the commissioner of natural resources deems necessary for the protection of
public water, wild animals, and natural resources before control operations are started on state
lands administered by the commissioner of natural resources.
    Subd. 18. Research control effects on fauna. The commission may establish a research
program to evaluate the effects of control programs on other fauna. The purpose of the program
is to identify the types and magnitude of the adverse effects of the control program on fish and
wildlife and associated food chain invertebrates. The commission may conduct research through
contracts with qualified outside researchers.
    Subd. 19.[Repealed, 1Sp2003 c 16 s 11]
    Subd. 20. Cooperation on tick control. The commission shall consult and cooperate with
the state department of health in developing management techniques to control disease vectoring
ticks.
History: 1975 c 13 s 129; 1975 c 359 s 23; 1982 c 579 s 6; 1983 c 129 s 4; 1984 c 492 s 1;
1985 c 295 s 3; 1986 c 460 s 52; 1989 c 146 s 2; 1990 c 460 s 4; 1993 c 13 art 1 s 42; 1995 c 255
art 2 s 8; 1996 c 464 art 1 s 6; 2000 c 339 s 1; 2003 c 127 art 13 s 4; 1Sp2003 c 21 art 11 s 30

473.705 CONTRACTS FOR MATERIALS, SUPPLIES AND EQUIPMENT.
Contracts for the purchase of materials, supplies, and equipment must comply with and be
governed by the Minnesota Uniform Municipal Contracting Law, section 471.345. A sealed bid
solicitation must not be done by the commission without publishing the notice once in the official
newspaper of each of the counties in the district that bids or proposals will be received. The notice
shall be published at least ten days before bids are opened. Such notice shall state the nature of the
work or purchase and the terms and conditions upon which the contract is to be awarded, naming
therein a time and place where such bids will be received, opened, and read publicly. After such
bids have been duly received, opened, read publicly, and recorded, the commission shall award
such contract to the lowest responsible bidder or it may reject all bids. Each contract shall be duly
executed in writing and the party to whom the contract is awarded may be required to give
sufficient bond to the commission for the faithful performance of the contract. If no satisfactory
bid is received the commission may readvertise. The commission shall have the right to set
qualifications and specifications and to require bids to meet such qualifications and specifications
before bids are accepted. All contracts involving employment of labor shall stipulate terms thereof
and such conditions as the commission deems reasonable as to hours and wages.
History: 1975 c 13 s 130; 1982 c 579 s 7; 2003 c 127 art 13 s 5

473.706 ADVERSE INTEREST OF COMMISSIONERS.
No commissioner shall have any personal or financial interest in any sale, lease, or other
contract made by the commission nor shall a commissioner benefit therefrom directly or
indirectly. Any violation of this section may make such sale, lease, or other contract void. Upon
conviction for a violation of this section a commissioner shall be automatically disqualified from
further service on the commission.
History: 1975 c 13 s 131; 1986 c 444

473.711 FINANCING; BUDGET AND TAX LEVIES.
    Subdivision 1. In this section. The method of providing funds for the commission shall be
as set forth in this section.
    Subd. 2. Budget. The Metropolitan Mosquito Control Commission shall prepare an annual
budget. The budget may provide for expenditures in an amount not exceeding the property tax
levy limitation determined in this subdivision.
    Subd. 2a. Tax levy. (a) The commission may levy a tax on all taxable property in the district
as defined in section 473.702 to provide funds for the purposes of sections 473.701 to 473.716.
The tax shall not exceed the property tax levy limitation determined in this subdivision. A
participating county may agree to levy an additional tax to be used by the commission for the
purposes of sections 473.701 to 473.716 but the sum of the county's and commission's taxes
may not exceed the county's proportionate share of the property tax levy limitation determined
under this subdivision based on the ratio of its total net tax capacity to the total net tax capacity
of the entire district as adjusted by section 270.12, subdivision 3. The auditor of each county in
the district shall add the amount of the levy made by the district to other taxes of the county for
collection by the county treasurer with other taxes. When collected, the county treasurer shall
make settlement of the tax with the district in the same manner as other taxes are distributed
to political subdivisions. No county shall levy any tax for mosquito, disease vectoring tick,
and black gnat (Simuliidae) control except under this section. The levy shall be in addition to
other taxes authorized by law.
(b) The property tax levied by the Metropolitan Mosquito Control Commission shall not
exceed the product of (i) the commission's property tax levy limitation for the previous year
determined under this subdivision multiplied by (ii) an index for market valuation changes equal
to the total market valuation of all taxable property for the current tax payable year located
within the district plus any area that has been added to the district since the previous year,
divided by the total market valuation of all taxable property located within the district for the
previous taxes payable year.
(c) For the purpose of determining the commission's property tax levy limitation under this
subdivision, "total market valuation" means the total market valuation of all taxable property
within the district without valuation adjustments for fiscal disparities (chapter 473F), tax increment
financing (sections 469.174 to 469.179), and high voltage transmission lines (section 273.425).
    Subd. 2b.[Repealed, 2003 c 127 art 13 s 9]
    Subd. 2c. Emergency tax levy. If the commissioner of the department of health declares a
health emergency due to a threatened or actual outbreak of disease caused by mosquitoes, disease
vectoring ticks, or black gnats (Simuliidae), the commission may levy an additional tax not to
exceed $500,000 on all taxable property in the district to pay for the required control measures.
    Subd. 2d. Optional county levy. A participating county may levy a tax in an amount to be
determined by the county board for mosquito, disease vectoring tick, and black gnat (Simuliidae)
nuisance control. If the county levies the tax for nuisance control, it must contract with the
commission to provide for nuisance control activities within the county. The levy for nuisance
control shall be in addition to other levies authorized by law to the county.
    Subd. 3. Deposits; depository; disbursements. Each county in the district shall turn over to
the commission all proceeds of such special tax and any subsequent special tax immediately after
such proceeds are received, to be deposited in a bank or banks designated by the commission as
its official depository, in an account to be known as the metropolitan mosquito control fund; and
such funds may only be expended by the commission for the activities of the commission. Any
bank or trust company so designated shall qualify as a depository by furnishing a corporate surety
bond or collateral as required by section 118A.03, and shall thereafter, as long as money of the
commission in excess of $10,000 is on deposit therein, maintain such bond or collateral in the
amounts required by said section. However, no bond or collateral shall be required to secure any
deposit, insofar as it is insured under federal law as provided in section 118A.03. Any county
which issues certificates of indebtedness in anticipation of the collection and payment of such
special tax shall deposit the funds procured thereby in the metropolitan mosquito control fund and
said county shall redeem these certificates of indebtedness out of the special tax levy provided
in this section. Any balance shall be deposited in the metropolitan mosquito control fund. All
disbursements made pursuant to sections 473.702 to 473.716 shall be made from said fund upon
order of the commission signed by the chair or vice-chair and by the business administrator, and
each claim voucher shall be signed by the business administrator and shall specify the name of the
payee, the amount to be disbursed, and the purpose of the disbursement.
    Subd. 4. Certificates of indebtedness. The commission may issue certificates of
indebtedness in anticipation of the collection and payment of a tax levied under this section in
the same manner as a statutory city under section 412.261 and use their proceeds to accomplish
its duties.
    Subd. 5. State review. The commission must certify its property tax levy to the commissioner
of revenue by August 1 of the levy year. The commissioner of revenue shall annually determine
whether the property tax certified by the metropolitan mosquito control commission for levy
following the adoption of its budget is within the levy limitation imposed by subdivision 2. The
determination must be completed prior to September 10 of each year. If current information
regarding market valuation in any county is not transmitted to the commissioner in a timely
manner, the commissioner may estimate the current market valuation within that county for
purposes of making the calculation.
History: 1975 c 13 s 132; 1982 c 579 s 8; 1983 c 129 s 5; 1986 c 444; 1986 c 460 s 53;
1987 c 384 art 2 s 1; 1988 c 675 s 21,22; 1988 c 719 art 5 s 84; 1989 c 146 s 3; 1989 c 329 art 13
s 20; 1Sp1989 c 1 art 9 s 69; 1992 c 511 art 2 s 37; art 5 s 15; 1993 c 375 art 7 s 20; 1994 c 416
art 1 s 56; 1994 c 505 art 6 s 5; 1995 c 255 art 2 s 9; 1995 c 264 art 16 s 20; 1996 c 399 art 2 s
12; 1997 c 7 art 1 s 156; 2003 c 127 art 13 s 6

473.712 WITHDRAWAL; ASSETS.
A county may terminate its participation in the district only as provided by other law. If a
county terminates its participation in the district, an appraisal of the property of the commission
shall be made by a board of appraisers and the value determined as of the termination date. The
board shall be three members, one appointed by the terminated county, one by the remaining
counties within the district, and the third by the first two. If the first two appraisers cannot agree
to the appointment of the third appraiser within 30 days, the commission shall appoint the third
appraiser. An amount equal to the withdrawing county's share in the net assets of the commission
proportionate to its financial contribution to the metropolitan mosquito control fund shall be paid
to the treasurer of the terminated county. If a participating county furnishes specific funds and
materials to be used in special projects, they shall be returned to it. If the district is dissolved, all
property of the commission shall be sold and the proceeds remaining after the payment of the
debts, obligations, and liabilities of the district, along with any balance in the fund, shall be paid
to the counties which are members of the district in proportion to their financial contributions.
History: 1983 c 129 s 6

473.713 [Repealed, 1982 c 579 s 9]

473.714 COMPENSATION OF COMMISSIONERS.
    Subdivision 1. Compensation. Each commissioner, including the officers of the commission,
may be reimbursed for actual and necessary expenses incurred in the performance of duties. The
annual budget of the commission shall provide as a separate account anticipated expenditures for
travel and associated expenses for the chair and members, and compensation or reimbursement
shall be made to the chair or members only when budgeted. No commissioner may be paid a
per diem.
    Subd. 2.[Repealed, 2003 c 127 art 13 s 9]
History: 1975 c 13 s 134; 1Sp1985 c 13 s 358; 1986 c 444; 1992 c 511 art 2 s 38; 2003 c
127 art 13 s 7

473.715 CONTIGUOUS COUNTIES; MEMBERSHIP.
Any county contiguous to the district may become a party to the district whenever the county
board of such county petitions the district to be admitted and the commission by resolution gives
its consent to include such county in the district.
History: 1975 c 13 s 135

473.716 COOPERATION WITH OTHER AGENCIES; ADVISORS.
    Subdivision 1. For research, health, welfare. The commission shall cooperate for the
purposes of research and protection of public health and welfare, with the state Department of
Agriculture, the state Department of Health, the state Department of Natural Resources, the
University of Minnesota, the state Agricultural Experiment Station, the state Transportation
Department, the United States Department of Agriculture, and United States Public Health
Service.
    Subd. 2. Plans and reports to advisors. The commissioners of agriculture, of natural
resources, of transportation, the commissioner of the Minnesota Department of Health, and the
head of the Department of Entomology and Economic Zoology of the University of Minnesota
shall act in an advisory capacity to the Metropolitan Mosquito Control Commission and the
director of said commission shall furnish to each of these departments a copy of the operational
plan and pertinent technical reports of said district.
History: 1975 c 13 s 136; 1976 c 166 s 7; 1977 c 305 s 45

473.717 [Repealed, 1982 c 579 s 9]

BASEBALL STADIUM

473.75 PURPOSE.
The purpose of sections 473.75 to 473.763 is to provide for the construction, financing,
and long-term use of a ballpark primarily as a venue for major league baseball. It is found and
declared that the expenditure of public money for this purpose is necessary and serves a public
purpose, and that property acquired by the county for the construction of the ballpark and related
public infrastructure is acquired for a public use or public purpose under chapter 117. It is further
found and declared that any provision in a lease or use agreement with a major league team,
that requires the team to play its home games in a publicly funded ballpark for the duration of
the lease or use agreement, serves a unique public purpose for which the remedies of specific
performance and injunctive relief are essential to its enforcement. It is further found and declared
that government assistance to facilitate the presence of major league baseball provides to the state
of Minnesota and its citizens highly valued intangible benefits that are virtually impossible to
quantify and, therefore, not recoverable even if the government receives monetary damages in
the event of a team's breach of contract. Minnesota courts are, therefore, charged with protecting
those benefits through the use of specific performance and injunctive relief as provided herein
and in the lease and use agreements.
History: 2006 c 257 s 5

473.751 DEFINITIONS.
    Subdivision 1. Terms. As used in sections 473.75 to 473.763, the terms defined in this
section have the meanings given them in this section, except as otherwise expressly provided
or indicated by the context.
    Subd. 2. Authority. "Authority" means the Minnesota Ballpark Authority established under
section 473.755.
    Subd. 3. Ballpark. "Ballpark" means the stadium suitable for major league baseball to be
constructed and financed under Laws 2006, chapter 257.
    Subd. 4. Ballpark costs. "Ballpark costs" means the cost of designing, constructing, and
equipping a ballpark suitable for major league baseball. Ballpark costs excludes the cost of land
acquisition, site improvements, utilities, site demolition, environmental remediation, railroad
crash wall, site furnishings, landscaping, railroad right-of-way development, district energy, site
graphics and artwork and other site improvements identified by the authority, public infrastructure,
capital improvement reserves, bond reserves, capitalized interest, and financing costs.
    Subd. 5. County. "County" means Hennepin County.
    Subd. 6. Development area. "Development area" means the area in the city of Minneapolis
bounded by marked Interstate Highway 394, vacated Holden Street, the Burlington Northern
right-of-way, Seventh Street North, Sixth Avenue North, Fifth Street North, the Burlington
Northern right-of-way, and the Interstate Highway 94 exit ramp.
    Subd 7. Public infrastructure. "Public infrastructure" means all property, facilities, and
improvements determined by the authority or the county to facilitate the development and use of
the ballpark, including but not limited to property and improvements for drainage, environmental
remediation, parking, roadways, walkways, skyways, pedestrian bridges, bicycle paths, and
transit improvements to facilitate public access to the ballpark, lighting, landscaping, utilities,
streets, and streetscapes.
    Subd. 8. Streetscape. "Streetscape" means improvements to streets and sidewalks or
other public right-of-way for the purpose of enhancing the movement, safety, convenience, or
enjoyment of ballpark patrons and other pedestrians, including decorative lighting and surfaces,
plantings, display and exhibit space, adornments, seating, and transit and bus shelters, which
are designated as streetscape by the county.
    Subd. 9. Team. "Team" means the owner and operator of the baseball team currently
known as the Minnesota Twins or any team owned and operated by someone who purchases or
otherwise takes ownership or control of or reconstitutes the baseball team currently known as
the Minnesota Twins.
History: 2006 c 257 s 6

473.752 LOCATION.
The ballpark must be located in the city of Minneapolis at a site within the development area.
History: 2006 c 257 s 7

473.753 PROPERTY TAX EXEMPTION; SPECIAL ASSESSMENTS.
Any real or personal property acquired, owned, leased, controlled, used, or occupied by the
authority or county for any of the purposes of Laws 2006, chapter 257, is declared to be acquired,
owned, leased, controlled, used, and occupied for public, governmental, and municipal purposes,
and is exempt from ad valorem taxation by the state or any political subdivision of the state;
provided that the properties are subject to special assessments levied by a political subdivision
for a local improvement in amounts proportionate to and not exceeding the special benefit
received by the properties from the improvement. No possible use of any of the properties in any
manner different from their use under Laws 2006, chapter 257, at the time may be considered
in determining the special benefit received by the properties. Notwithstanding section 272.01,
subdivision 2, or 273.19, real or personal property subject to a lease or use agreement between the
authority or county and another person for uses related to the purposes of Laws 2006, chapter
257, including the operation of the ballpark and related parking facilities, is exempt from taxation
regardless of the length of the lease or use agreement. This section, insofar as it provides an
exemption or special treatment, does not apply to any real property that is leased for residential,
business, or commercial development or other purposes different from those contemplated
in Laws 2006, chapter 257.
History: 2006 c 257 s 8

473.754 EMPLOYEES AND VENDORS.
(a) The Minnesota Ballpark Authority shall make good faith efforts to have entry-level
middle management and upper management staffed by minority and female employees. The
authority shall also make best efforts to employ women and members of minority communities.
The authority shall make good faith efforts to utilize minority and female-owned businesses in
Hennepin County. Best efforts shall be made to use vendors of goods and services provided by
minority and female-owned businesses from Hennepin County.
(b) The authority shall contract with an employment assistance firm, preferably minority
owned, to create an employment program to recruit, hire, and retain minorities for the stadium
facility. The authority shall hold a job fair and recruit and advertise at Minneapolis Urban League,
Sabathani, American Indian OIC, Youthbuild organizations, and other such organizations.
(c) The authority shall report the efforts made in paragraphs (a) and (b) to the attorney
general.
History: 2006 c 257 s 9

473.755 MINNESOTA BALLPARK AUTHORITY.
    Subdivision 1. Establishment. To achieve the purposes of Laws 2006, chapter 257, the
Minnesota Ballpark Authority is established as a public body, corporate and politic, and political
subdivision of the state. The authority is not a joint powers entity or an agency or instrumentality
of the county.
    Subd. 2. Composition. (a) The Minnesota Ballpark Authority shall be governed by a
commission consisting of:
(1) two members appointed by the governor;
(2) two members, including the chair, appointed by the county board; and
(3) one member appointed by the governing body of the city of Minneapolis.
(b) All members serve at the pleasure of the appointing authority.
(c) Compensation of members appointed under paragraph (a) is governed by section 15.0575.
(d) One member appointed under paragraph (a), clause (1), must be a resident of a county
other than Hennepin. All other members appointed under paragraph (a) must be residents of
Hennepin County.
(e) No member of the Minnesota Ballpark Authority may have served as an elected official
of the city of Minneapolis or Hennepin County for a period of two years prior to appointment
to the authority.
(f) The legislature intends that the ballpark be constructed to be operational for the team and
the public no later than the opening of the 2010 season. Accordingly, the appointing authorities
must make their appointments to the authority within 30 days of May 27, 2006, and if the
governing bodies of the city of Minneapolis or the county should fail to do so, the governor may
appoint an interim member to serve until the authorized appointment is made. The first meeting of
the members shall take place at the direction of the chair within 45 days of May 27, 2006. Further,
the authority must proceed with due speed in all of its official organizing activities and in making
decisions with respect to the development agreement and lease or use agreement authorized by
Laws 2006, chapter 257, or any other agreements or matters as necessary to meet the timetables
set forth in Laws 2006, chapter 257. Any three members shall constitute a quorum for the conduct
of business and action may be taken upon the vote of a majority of members present at a meeting
duly called and held.
    Subd. 3. Chair. The chair shall preside at all meetings of the authority, if present, and shall
perform all other assigned duties and functions. The authority may appoint from among its
members a vice-chair to act for the chair during the temporary absence or disability of the chair.
    Subd. 4. Bylaws. The authority shall adopt bylaws to establish rules of procedure, the
powers and duties of its officers, and other matters relating to the governance of the authority
and the exercise of its powers. Except as provided in this section, the bylaws adopted under this
subdivision shall be similar in form and substance to bylaws adopted by the Metropolitan Sports
Facilities Commission pursuant to section 473.553.
    Subd. 5. Executive director. The authority shall appoint an executive director to serve as
the chief executive officer of the authority, which appointment shall be made within 30 days of
the first meeting of the members.
    Subd. 6. Web site. The authority shall establish a Web site for purposes of providing
information to the public concerning all actions taken by the authority. At a minimum, the Web site
must contain a current version of the authority's bylaws, notices of upcoming meetings, minutes
of the authority's meetings, and contact telephone and facsimile numbers for public comments.
History: 2006 c 257 s 10

473.756 POWERS OF AUTHORITY.
    Subdivision 1. Actions. The authority may sue and be sued. The authority is a public body
and the ballpark and public infrastructure are public improvements within the meaning of chapter
562. The authority is a municipality within the meaning of chapter 466.
    Subd. 2. Acquisition of property. The authority may acquire from any public or private
entity by lease, purchase, gift, or devise all necessary right, title, and interest in and to real
property, air rights, and personal property deemed necessary to the purposes contemplated by
Laws 2006, chapter 257.
    Subd. 3. Data practices; open meetings. Except as otherwise provided in Laws 2006,
chapter 257, the authority is subject to chapters 13 and 13D.
    Subd. 4. Facility operation. The authority may equip, improve, operate, manage, maintain,
and control the ballpark and related facilities constructed, remodeled, or acquired under Laws
2006, chapter 257, as smoke-free facilities, subject to the rights and obligations transferred to and
assumed by the team or other user under the terms of a lease or use agreement, but in no case
may a lease or use agreement permit smoking in the ballpark.
    Subd. 5. Disposition of property. The authority may sell, lease, or otherwise dispose of
any real or personal property acquired by it that is no longer required for accomplishment of its
purposes. The property may be sold in accordance with the procedures provided by section
469.065, except subdivisions 6 and 7, to the extent the authority deems it to be practical and
consistent with Laws 2006, chapter 257. Title to the ballpark shall not be transferred or sold prior
to the effective date of enactment of any legislation approving such transfer or sale.
    Subd. 6. Employees; contracts for services. The authority may employ persons and contract
for services necessary to carry out its functions, including the utilization of employees and
consultants retained by other governmental entities. The authority shall enter into an agreement
with the city of Minneapolis regarding traffic control for the ballpark.
    Subd. 7. Gifts and grants. The authority may accept monetary contributions, property,
services, and grants or loans of money or other property from the United States, the state, any
subdivision of the state, any agency of those entities, or any person for any of its purposes, and
may enter into any agreement required in connection with them. The authority shall hold, use, and
dispose of the money, property, or services according to the terms of the monetary contributions,
grant, loan, or agreement.
    Subd. 8. Research. The authority may conduct research studies and programs; collect and
analyze data; prepare reports, maps, charts, and tables; and conduct all necessary hearings and
investigations in connection with its functions.
    Subd. 9. Use agreements. The authority may lease, license, or enter into use agreements
and may fix, alter, charge, and collect rentals, fees, and charges for the use, occupation, and
availability of part or all of any premises, property, or facilities under its ownership, operation,
or control for purposes that will provide athletic, educational, cultural, commercial, or other
entertainment, instruction, or activity for the citizens of Minnesota and visitors. Any such use
agreement may provide that the other contracting party has exclusive use of the premises at the
times agreed upon, as well as the right to retain some or all revenues from ticket sales, suite
licenses, concessions, advertising, naming rights, and other revenues derived from the ballpark.
The lease or use agreement with a team shall provide for the payment by the team of operating
and maintenance costs and expenses and provide other terms the authority and team agree to.
    Subd. 10. Insurance. The authority may require any employee to obtain and file with it an
individual bond or fidelity insurance policy. It may procure insurance in the amounts it considers
necessary against liability of the authority or its officers and employees for personal injury or
death and property damage or destruction, consistent with chapter 466, and against risks of
damage to or destruction of any of its facilities, equipment, or other property.
    Subd. 11. Exemption from council review; Business Subsidy Act. The acquisition and
betterment of a ballpark by the authority must be conducted pursuant to Laws 2006, chapter 257,
and are not subject to sections 473.165 and 473.173. Section 116J.994, does not apply to any
transactions of the county, the authority, or other governmental entity related to the ballpark or
public infrastructure, or to any tenant or other users of them.
    Subd. 12. Contracts. The authority may enter into a development agreement with the team,
the county, or any other entity relating to the construction, financing, and use of the ballpark and
related facilities and public infrastructure. The authority may contract for materials, supplies, and
equipment in accordance with sections 471.345 and 473.754, except that the authority, with the
consent of the county, may employ or contract with persons, firms, or corporations to perform
one or more or all of the functions of architect, engineer, or construction manager with respect to
all or any part of the ballpark and public infrastructure. Alternatively, at the request of the team
and with the consent of the county, the authority shall authorize the team to provide for the
design and construction of the ballpark and related public infrastructure, subject to terms of
Laws 2006, chapter 257. The construction manager may enter into contracts with contractors for
labor, materials, supplies, and equipment for the construction of the ballpark and related public
infrastructure through the process of public bidding, except that the construction manager may,
with the consent of the authority or the team:
    (1) narrow the listing of eligible bidders to those which the construction manager determines
to possess sufficient expertise to perform the intended functions;
    (2) award contracts to the contractors that the construction manager determines provide the
best value under a request for proposals as described in section 16C.28, subdivision 1, paragraph
(a), clause (2), and paragraph (c), which are not required to be the lowest responsible bidder; and
    (3) for work the construction manager determines to be critical to the completion schedule,
award contracts on the basis of competitive proposals or perform work with its own forces without
soliciting competitive bids if the construction manager provides evidence of competitive pricing.
The authority shall require that the construction manager certify, before the contract is signed,
a fixed and stipulated construction price and completion date to the authority and post a
performance bond in an amount at least equal to 100 percent of the certified price, to cover
any costs which may be incurred in excess of the certified price, including but not limited to
costs incurred by the authority or loss of revenues resulting from incomplete construction on the
completion date. The authority may secure surety bonds as provided in section 574.26, securing
payment of just claims in connection with all public work undertaken by it. Persons entitled to the
protection of the bonds may enforce them as provided in sections 574.28 to 574.32, and shall not
be entitled to a lien on any property of the authority under the provisions of sections 514.01 to
514.16. Contracts for construction and operation of the ballpark must include programs, including
Youthbuild, to provide for participation by small local businesses and businesses owned by people
of color, and the inclusion of women and people of color in the workforces of contractors and
ballpark operators. The construction of the ballpark is a "project" as that term is defined in section
177.42, subdivision 2, and is subject to the prevailing wage law under sections 177.41 to 177.43.
    Subd. 13. Incidental powers. In addition to the powers expressly granted in Laws 2006,
chapter 257, the authority has all powers necessary or incidental thereto.
    Subd. 14. Review of ballpark design. The authority must consider the ballpark
implementation committee's recommendations as they relate to the design and construction
of the ballpark, after the recommendations are considered by the city council as provided in
section 473.758.
History: 2006 c 257 s 11; 2007 c 148 art 3 s 35

473.757 COUNTY ACTIVITIES; BONDS; TAXES.
    Subdivision 1. Ballpark grants. The county may authorize, by resolution, and make one or
more grants to the authority for ballpark development and construction, public infrastructure,
reserves for capital improvements, and other purposes related to the ballpark on the terms and
conditions agreed to by the county and the authority.
    Subd. 2. Youth sports; library. To the extent funds are available from collections of the tax
authorized by subdivision 10 after payment each year of debt service on the bonds authorized
and issued under subdivision 9 and payments for the purposes described in subdivision 1, the
county may also authorize, by resolution, and expend or make grants to the authority and to other
governmental units and nonprofit organizations in an aggregate amount of up to $4,000,000
annually, increased by up to 1.5 percent annually to fund equally: (1) youth activities and youth
and amateur sports within Hennepin County; and (2) the cost of extending the hours of operation
of Hennepin County libraries and Minneapolis public libraries.
The money provided under this subdivision is intended to supplement and not supplant
county expenditures for these purposes as of May 27, 2006.
Hennepin County must provide reports to the chairs of the committees and budget divisions
in the senate and the house of representatives that have jurisdiction over education policy and
funding, describing the uses of the money provided under this subdivision. The first report must
be made by January 15, 2009, and subsequent reports must be made on January 15 of each
subsequent odd-numbered year.
    Subd. 3. Expenditure limitations. The amount that the county may grant or expend for
ballpark costs shall not exceed $260,000,000. The amount of any grant for capital improvement
reserves shall not exceed $1,000,000 annually, subject to the agreement under section 473.759,
subdivision 3, and to annual increases according to an inflation index acceptable to the county.
The amount of grants or expenditures for land, site improvements, and public infrastructure shall
not exceed $90,000,000, excluding capital improvement reserves, bond reserves, capitalized
interest, and financing costs. The authority to spend money for land, site improvements, and public
infrastructure is limited to payment of amounts incurred or for construction contracts entered into
during the period ending five years after the date of the issuance of the initial series of bonds
under Laws 2006, chapter 257. Such grant agreements are valid and enforceable notwithstanding
that they involve payments in future years and they do not constitute a debt of the county within
the meaning of any constitutional or statutory limitation or for which a referendum is required.
    Subd. 4. Property acquisition and disposition. The county may acquire by purchase,
eminent domain, or gift, land, air rights, and other property interests within the development area
for the ballpark site and public infrastructure and convey it to the authority with or without
consideration, prepare a site for development as a ballpark, and acquire and construct any related
public infrastructure. The purchase of property and development of public infrastructure financed
with revenues under this section is limited to infrastructure within the development area or within
1,000 feet of the border of the development area. The public infrastructure may include the
construction and operation of parking facilities within the development area notwithstanding any
law imposing limits on county parking facilities in the city of Minneapolis. The county may
acquire and construct property, facilities, and improvements within the stated geographical limits
for the purpose of drainage and environmental remediation for property within the development
area, walkways and a pedestrian bridge to link the ballpark to Third Avenue distributor ramps,
street and road improvements and access easements for the purpose of providing access to
the ballpark, streetscapes, connections to transit facilities and bicycle trails, and any utility
modifications which are incidental to any utility modifications within the development area.
To the extent property parcels or interests acquired are more extensive than the public
infrastructure requirements, the county may sell or otherwise dispose of the excess. The proceeds
from sales of excess property must be deposited in the debt service reserve fund.
    Subd. 5. Grant agreement. The county may review and approve ballpark designs, plans,
and specifications to the extent provided in a grant agreement and in order to ensure that the
public purposes of the grant are carried out. The county board may delegate responsibility
for implementing the terms of an approved grant agreement to the county administrator or
other designated officers. Public infrastructure designs must optimize area transit and bicycle
opportunities, including connections to existing trails, as determined by the county board.
The county may enforce the provisions of any grant agreement by specific performance.
Except to require compliance with the conditions of the grant or as may be mutually agreed to
by the county and the authority, the county has no interest in or claim to any assets or revenues
of the authority.
    Subd. 6. Environmental. The county may initiate or continue an environmental impact
statement as the responsible governmental unit under section 116D.04, pay for any costs in
connection with the environmental impact statement or reimburse others for such costs, and
conduct other studies and tests necessary to evaluate the suitability of the ballpark site. The county
has all powers necessary or convenient for those purposes and may enter into any contract for
those purposes.
    Subd. 7. Local government expenditures. The county may make expenditures or grants
for other costs incidental and necessary to further the purposes of Laws 2006, chapter 257, and
may by agreement, reimburse in whole or in part, any entity that has granted, loaned, or advanced
funds to the county to further the purposes of Laws 2006, chapter 257. The county shall reimburse
a local governmental entity within its jurisdiction or make a grant to such a governmental unit
for site acquisition, preparation of the site for ballpark development, and public infrastructure.
Amounts expended by a local governmental unit with the proceeds of a grant or under an
agreement that provides for reimbursement by the county shall not be deemed an expenditure or
other use of local governmental resources by the governmental unit within the meaning of any
law or charter limitation. Exercise by the county of its powers under this section shall not affect
the amounts that the county is otherwise eligible to spend, borrow, tax, or receive under any law.
    Subd. 8. County authority. It is the intent of the legislature that, except as expressly
limited herein, the county has the authority to acquire and develop a site for the ballpark and
public infrastructure, to enter into contracts with the authority and other governmental or
nongovernmental entities, to appropriate funds, and to make employees, consultants, and other
revenues available for those purposes.
    Subd. 9. County revenue bonds. The county may, by resolution, authorize, sell, and issue
revenue bonds to provide funds to make a grant or grants to the authority and to finance all or
a portion of the costs of site acquisition, site improvements, and other activities necessary to
prepare a site for development of a ballpark, to construct, improve, and maintain the ballpark and
to establish and fund any capital improvement reserves, and to acquire and construct any related
parking facilities and other public infrastructure and for other costs incidental and necessary
to further the purposes of Laws 2006, chapter 257. The county may also, by resolution, issue
bonds to refund the bonds issued pursuant to this section. The bonds must be limited obligations,
payable solely from or secured by taxes levied under subdivision 10, and any other revenues to
become available under Laws 2006, chapter 257. The bonds may be issued in one or more series
and sold without an election. The bonds shall be sold in the manner provided by section 475.60.
The bonds shall be secured, bear the interest rate or rates or a variable rate, have the rank or
priority, be executed in the manner, be payable in the manner, mature, and be subject to the
defaults, redemptions, repurchases, tender options, or other terms, as the county may determine.
The county may enter into and perform all contracts deemed necessary or desirable by it to issue
and secure the bonds, including an indenture of trust with a trustee within or without the state. The
debt represented by the bonds shall not be included in computing any debt limitation applicable to
the county. Subject to this subdivision, the bonds must be issued and sold in the manner provided
in chapter 475. The bonds shall recite that they are issued under Laws 2006, chapter 257, and the
recital shall be conclusive as to the validity of the bonds and the imposition and pledge of the
taxes levied for their payment. In anticipation of the issuance of the bonds authorized under this
subdivision and the collection of taxes levied under subdivision 10, the county may provide funds
for the purposes authorized by Laws 2006, chapter 257, through temporary interfund loans from
other available funds of the county which shall be repaid with interest.
    Subd. 10. Sales and use tax. (a) Notwithstanding section 477A.016, or other law, the
governing body of the county may by ordinance, impose a sales and use tax at the rate of 0.15
percent for the purposes listed in this section. The taxes authorized under this section and the
manner in which they are imposed are exempt from the rules of section 297A.99, subdivisions 2
and 3. The provisions of section 297A.99, except for subdivisions 2 and 3, apply to the imposition,
administration, collection, and enforcement of this tax.
(b) The tax imposed under this section is not included in determining if the total tax on
lodging in the city of Minneapolis exceeds the maximum allowed tax under Laws 1986, chapter
396, section 5, as amended by Laws 2001, First Special Session chapter 5, article 12, section 87,
or in determining a tax that may be imposed under any other limitations.
    Subd. 11. Uses of tax. (a) Revenues received from the tax imposed under subdivision 10
may be used:
(1) to pay costs of collection;
(2) to pay or reimburse or secure the payment of any principal of, premium, or interest
on bonds issued in accordance with this act;
(3) to pay costs and make expenditures and grants described in this section, including
financing costs related to them;
(4) to maintain reserves for the foregoing purposes deemed reasonable and appropriate
by the county;
(5) to pay for operating costs of the ballpark authority other than the cost of operating or
maintaining the ballpark; and
(6) to make expenditures and grants for youth activities and amateur sports and extension of
library hours as described in subdivision 2;
and for no other purpose.
(b) Revenues from the tax designated for use under paragraph (a), clause (5), must be
deposited in the operating fund of the ballpark authority.
(c) After completion of the ballpark and public infrastructure, the tax revenues not required
for current payments of the expenditures described in paragraph (a), clauses (1) to (6), shall be
used to (i) redeem or defease the bonds and (ii) prepay or establish a fund for payment of future
obligations under grants or other commitments for future expenditures which are permitted by
this section. Upon the redemption or defeasance of the bonds and the establishment of reserves
adequate to meet such future obligations, the taxes shall terminate and shall not be reimposed.
History: 2006 c 257 s 12

473.758 IMPLEMENTATION.
    Subdivision 1. Environmental review. The county shall be the responsible governmental
unit for any environmental impact statement for the ballpark and public infrastructure prepared
under section 116D.04. Notwithstanding section 116D.04, subdivision 2b, and implementing rules:
(1) the environmental impact statement shall not be required to consider alternative ballpark
sites; and
(2) the environmental impact statement must be determined to be adequate before
commencing work on the foundation of the ballpark, but the ballpark and public infrastructure
may otherwise be started and all preliminary and final government decisions and actions may be
made and taken, including but not limited to acquiring land, obtaining financing, imposing the tax
under section 473.757, granting permits or other land use approvals, entering into grant, lease, or
use agreements, or preparing the site or related public infrastructure prior to a determination of
the adequacy of the environmental impact statement.
    Subd. 2. Ballpark implementation committee; city review. In order to accomplish the
objectives of Laws 2006, chapter 257, within the required time frame, it is necessary to establish
an alternative process for municipal land use and development review. It is hereby found and
declared that the construction of a ballpark within the development area is consistent with the
adopted area plan, is the preferred ballpark location, and is a permitted land use. This subdivision
establishes a procedure for all land use and development reviews and approvals by the city of
Minneapolis for the ballpark and related public infrastructure and supersedes all land use and
development rules and restrictions and procedures imposed by other law, charter, or ordinance,
including without limitation section 15.99. No later than 30 days after May 27, 2006, the city
of Minneapolis and the county shall establish a ballpark implementation committee with equal
representation from the city of Minneapolis and the county to make recommendations on
the design plans submitted for the ballpark, public infrastructure and related improvements,
including but not limited to street vacation, parking, roadways, walkways, skyways, pedestrian
bridges, bicycle paths, transit improvements to facilitate public street access to the ballpark and
integration into the transportation plan for downtown and the region, lighting, landscaping,
utilities, streets, drainage, environmental remediation, and land acquired and prepared for private
redevelopment in a manner related to the use of the ballpark. The implementation committee must
take action to issue its recommendations within the time frames established in the planning and
construction timetable issued by the county which shall provide for no less than 60 days for the
committee's review. The recommendations of the implementation committee shall be forwarded
to the city of Minneapolis Planning Commission for an advisory recommendation and then to
the city council for final action in a single resolution, which final action must be taken within 45
days of the submission of the recommendations to the planning commission. The city council
shall not impose any unnecessary or unreasonable conditions on the recommendations of the
implementation committee, nor take any action or impose any conditions that will result in delay
from the time frames established in the planning and construction timetable or in additional
overall costs. Failure of the city council to act within the 45-day period shall be deemed to be
approval. The county may seek de novo review in the district court of any city council action. The
district court or any appellate court shall expedite review to the maximum extent possible and
timely issue relief, orders or opinions as necessary to give effect to the provisions and objectives
in Laws 2006, chapter 257.
History: 2006 c 257 s 13

473.759 CRITERIA AND CONDITIONS.
    Subdivision 1. Binding and enforceable. In developing the ballpark and entering into
related contracts, the authority must follow and enforce the criteria and conditions in subdivisions
2 to 15, provided that a determination by the authority that those criteria or conditions have been
met under any agreement or otherwise shall be conclusive.
    Subd. 2. Team contributions. The team must agree to contribute $130,000,000 toward
ballpark costs, less a proportionate share of any amount by which actual ballpark costs may be
less than a budgeted amount of $390,000,000. The team contributions must be funded in cash
during the construction period. The team shall deposit $45,000,000 to the construction fund to
pay for the first ballpark costs. The balance of the team's contribution must be used to pay the last
costs of the ballpark construction. In addition to any other team contribution, the team must agree
to assume and pay when due all cost overruns for the ballpark costs that exceed the budget.
    Subd. 3. Reserve for capital improvements. The authority shall require that a reserve
fund for capital improvements to the ballpark be established and funded with annual payments
of $2,000,000, with the team's share of those payments to be approximately $1,000,000, as
determined by agreement of the team and county. The annual payments shall increase according to
an inflation index determined by the authority, provided that any portion of the team's contribution
that has already been reduced to present value shall not increase according to an inflation index.
The authority may accept contributions from the county or other source for the portion of the
funding not required to be provided by the team.
    Subd. 4. Lease or use agreements. The authority must agree to a long-term lease or use
agreement with the team for its use of the ballpark. The team must agree to play all regularly
scheduled and postseason home games at the ballpark. Preseason games may also be scheduled
and played at the ballpark. The lease or use agreement must be for a term of at least 30 years from
the date of ballpark completion. The lease or use agreement must include terms for default,
termination, and breach of the agreement. Recognizing that the presence of major league baseball
provides to Hennepin County, the state of Minnesota, and its citizens highly valued, intangible
benefits that are virtually impossible to quantify and, therefore, not recoverable in the event
of a team owner's breach of contract, the lease and use agreements must provide for specific
performance and injunctive relief to enforce provisions relating to use of the ballpark for major
league baseball and must not include escape clauses or buyout provisions. The team must not
enter into or accept any agreement or requirement with or from Major League Baseball or any
other entity that is inconsistent with the team's binding commitment to the 30-year term of the
lease or use agreement or that would in any manner dilute, interfere with, or negate the provisions
of the lease or use agreement, or of any grant agreement under section 473.757 that includes
a specific performance clause, providing for specific performance or injunctive relief. The
legislature conclusively determines, as a matter of public policy, that the lease or use agreement,
and any grant agreement under section 473.757 that includes a specific performance clause: (a)
explicitly authorize specific performance as a remedy for breach; (b) are made for adequate
consideration and upon terms which are otherwise fair and reasonable; (c) have not been included
through sharp practice, misrepresentation, or mistake; (d) if specifically enforced, do not cause
unreasonable or disproportionate hardship or loss to the team or to third parties; and (e) involve
performance in such a manner and the rendering of services of such a nature and under such
circumstances that the beneficiary cannot be adequately compensated in damages.
    Subd. 5. Notice requirement for certain events. Until 30 years from the date of ballpark
completion, the team must provide written notice to the authority not less than 90 days prior to
any action, including any action imposed upon the team by Major League Baseball, which would
result in a breach or default of provisions of the lease or use agreements required to be included
under subdivision 4. If this notice provision is violated and the team has already breached or been
in default under the required provisions, the authority, the county, or the state of Minnesota is
authorized to specifically enforce the lease or use agreement, and Minnesota courts are authorized
and directed to fashion equitable remedies so that the team may fulfill the conditions of the lease
and use agreements, including, but not limited to, remedies against Major League Baseball.
    Subd. 6. Enforceable financial commitments. The authority must determine before ballpark
construction begins that all public and private funding sources for construction of the ballpark
are included in written agreements. The committed funds must be adequate to design, construct,
furnish, and equip the ballpark.
    Subd. 7. Environmental requirements. The authority must comply with all environmental
requirements imposed by regulatory agencies for the ballpark, site, and structure, except as
provided by section 473.758, subdivision 1.
    Subd. 8. Right of first refusal. The lease or use agreement must provide that, prior to any
planned sale of the team, the team must offer a corporation formed under section 473.763 a right
of first refusal to purchase the team at the same price and upon the same terms and conditions as
are contemplated in the intended sale.
    Subd. 9. Public share upon sale of team. The lease or use agreement must provide that,
if the team is sold after May 27, 2006, a portion of the sale price must be paid to the authority
and deposited in a reserve fund for improvements to the ballpark or expended as the authority
may otherwise direct. The portion required to be so paid to the authority is 18 percent of the
gross sale price, declining to zero ten years after commencement of ballpark construction in
increments of 1.8 percent each year. The agreement shall provide exceptions for sales to members
of the owner's family and entities and trusts beneficially owned by family members, sales to
employees of equity interests aggregating up to ten percent, and sales related to capital infusions
not distributed to the owners.
    Subd. 10. Access to books and records. The lease or use agreement must provide the
authority access to annual audited financial statements of the team and other financial books and
records that the authority deems necessary to determine compliance by the team with Laws 2006,
chapter 257, and to enforce the terms of any lease or use agreements entered into under Laws
2006, chapter 257. Any financial information obtained by the authority under this subdivision is
nonpublic data under section 13.02, subdivision 9.
    Subd. 11. Affordable access. To the extent determined by the authority or required by a
grant agreement, any lease or use agreement must provide for affordable access to the professional
sporting events held in the ballpark.
    Subd. 12. No strikes; lockouts. The authority must negotiate a public sector project labor
agreement or other agreement to prevent strikes and lockouts that would halt, delay, or impede
construction of the ballpark and related facilities.
    Subd. 13. Youth and amateur sports. The lease or use agreement must require that the
team provide or cause to be provided $250,000 annually for the term of the agreement for
youth activities and youth and amateur sports without reducing the amounts otherwise normally
provided for and on behalf of the team for those purposes. The amounts shall increase according
to an inflation factor not to exceed 2.5 percent annually and may be subject to a condition that
the county fund grants for similar purposes.
    Subd. 14. Name retention. The lease or use agreement must provide that the team and
league will transfer to the state of Minnesota the Minnesota Twins' heritage and records, including
the name, logo, colors, history, playing records, trophies, and memorabilia in the event of any
dissolution or relocation of the Twins franchise.
    Subd. 15. Ballpark design. (a) If the authority obtains grants sufficient to cover the increased
costs, the authority must ensure that the ballpark receives Leadership in Energy and Environmental
Design (LEED) certification for environmental design, and to the extent practicable, that
the ballpark design is architecturally significant. The Department of Administration and the
Department of Commerce must cooperate with the authority to obtain any grants or other funds
that are available to help to pay for the cost of meeting the requirements for the LEED certification.
(b) The ballpark design must, to the extent feasible, follow sustainable building guidelines
established under section 16B.325.
(c) The authority must ensure that the ballpark be, to the greatest extent practicable,
constructed of American-made steel.
History: 2006 c 257 s 14

473.76 METROPOLITAN SPORTS FACILITIES COMMISSION.
The Metropolitan Sports Facilities Commission may authorize, by resolution, technical,
professional, or financial assistance to the county and authority for the development and operation
of the ballpark upon such terms and conditions as the county or authority and the Metropolitan
Sports Facilities Commission may agree, including reimbursement of financial assistance from
the proceeds of the bonds authorized in this chapter. Without limiting the foregoing permissive
powers, the Metropolitan Sports Facilities Commission shall transfer $300,000 from its cash
reserves to the county on or prior to January 1, 2007, for use in connection with preliminary
ballpark and public infrastructure costs, which amount shall be repaid by the county from
collections of the tax authorized by section 473.757, if any.
History: 2006 c 257 s 15

473.761 CITY REQUIREMENTS.
    Subdivision 1. Land conveyance. At the request of the authority or county, the city of
Minneapolis shall convey to the authority or county, as applicable, at fair market value all real
property it owns that is located in the development area and is not currently used for road,
sidewalk, or utility purposes and that the authority or county determines to be necessary for
ballpark or public infrastructure purposes.
    Subd. 2. Liquor licenses. At the request of the authority, the city of Minneapolis shall issue
intoxicating liquor licenses that are reasonably requested for the premises of the ballpark. These
licenses are in addition to the number authorized by law. All provisions of chapter 340A, not
inconsistent with this section apply to the licenses authorized under this subdivision.
    Subd. 3. Charter limitations. Actions taken by the city of Minneapolis under Laws
2006, chapter 257, in a planning or regulatory capacity, actions for which fair market value
reimbursement is provided or for which standard fees are collected, and any tax exemptions
established under Laws 2006, chapter 257, shall not be deemed to be an expenditure or other use
of city resources within the meaning of any charter limitation.
History: 2006 c 257 s 16

473.762 LOCAL TAXES.
No new or additional local sales or use tax shall be imposed on sales at the ballpark site
unless the tax is applicable throughout the taxing jurisdiction. No new or additional local tax shall
be imposed on sales of tickets and admissions to baseball events at the ballpark, notwithstanding
any law or ordinance, unless the tax is applicable throughout the taxing jurisdiction. The
admissions and amusements tax currently imposed by the city of Minneapolis pursuant to Laws
1969, chapter 1092, may apply to admissions for baseball events at the ballpark.
History: 2006 c 257 s 17

473.763 COMMUNITY OWNERSHIP.
    Subdivision 1. Purpose. The legislature determines that:
(1) a professional baseball franchise is an important asset to the state of Minnesota and
ensuring that a franchise remains in Minnesota is an important public purpose;
(2) providing broad-based local ownership of a Major League Baseball franchise develops
trust among fans, taxpayers, and the team, and helps ensure this important asset will remain in
the state;
(3) providing community ownership of a professional baseball franchise ensures that the
financial benefits of any increased value of the franchise will accrue to those members of the
community who own the franchise; and
(4) enacting legislation providing for community ownership indicates to Major League
Baseball continuing support for professional baseball in Minnesota.
    Subd. 2. Acquisition. Subject to the rules of Major League Baseball, the governor and
the Metropolitan Sports Facilities Commission must attempt to facilitate the formation of a
corporation to acquire the baseball franchise and to identify an individual private managing owner
of the corporation. The corporation formed to acquire the franchise shall have a capital structure
in compliance with all of the following provisions:
(1) there may be two classes of capital stock: common stock and preferred stock. Both
classes of stock must give holders voting rights with respect to any relocation or voluntary
contraction of the franchise;
(2) the private managing owner must own no less than 25 percent and no more than 35
percent of the common stock. For purposes of this restriction, shares of common stock owned by
the private managing owner include shares of common stock owned by any related taxpayer as
defined in section 1313(c) of the Internal Revenue Code of 1986, as amended. Other than the
rights of all other holders of common stock and preferred stock with respect to relocation or
voluntary contraction of the franchise, the private managing owner must control all aspects
of the operation of the corporation;
(3) other than the private managing owner, no individual or entity may own more than five
percent of the common stock of the corporation;
(4) at least 50 percent of the ownership of the common stock must be sold to members of
the general public in a general solicitation and a person or entity must not own more than one
percent of common stock of the corporation; and
(5) the articles of incorporation, bylaws, and other governing documents must provide that
the franchise may not move outside of the state or agree to voluntary contraction without approval
of at least 75 percent of the shares of common stock and at least 75 percent of the shares of
preferred stock. Notwithstanding any law to the contrary, these 75 percent approval requirements
shall not be amended by the shareholders or by any other means.
Except as specifically provided by Laws 2006, chapter 257, no state agency may spend
money from any state fund for the purpose of generating revenue under this subdivision or for the
purpose of providing operating support or defraying operating losses of a professional baseball
franchise.
History: 2006 c 257 s 18

SOLID AND HAZARDOUS WASTE

473.801 DEFINITIONS.
    Subdivision 1. Terms. For the purposes of sections 473.801 to 473.849, the terms defined in
this section have the meanings given them.
    Subd. 2. Local government unit. "Local government unit" means any municipal corporation
or governmental subdivision other than a metropolitan county located in whole or part in the
metropolitan area, authorized by law to provide for the processing of solid waste.
    Subd. 3. Agency. "Agency" means the Minnesota Pollution Control Agency.
    Subd. 4. Application. Unless otherwise provided the definitions of terms in section 115A.03
shall apply to sections 473.801 to 473.845.
    Subd. 5. Commissioner. "Commissioner" means the commissioner of the Pollution Control
Agency.
    Subd. 6.[Repealed, 1Sp2005 c 1 art 2 s 162]
History: 1975 c 13 s 138; 1976 c 179 s 11,12; 1980 c 564 art 10 s 6; 1981 c 352 s 40; 1984
c 644 s 61,62; 1985 c 274 s 22; 1995 c 247 art 2 s 27-29; 1Sp2005 c 1 art 2 s 161

473.8011 METROPOLITAN AGENCY RECYCLING GOAL.
By December 31, 1993, the Metropolitan Council, each metropolitan agency as defined in
section 473.121, and the Metropolitan Mosquito Control District established in section 473.702
shall recycle at least 40 percent by weight of the solid waste generated by their offices or other
operations. The commissioner shall provide information and technical assistance to the council,
agencies, and the district to implement effective recycling programs.
By August 1 of each year, the council, each agency, and the district shall submit to the
Pollution Control Agency a report for the previous fiscal year describing recycling rates, specified
by the county in which the council, agency, or operation is located, and progress toward meeting
the recycling goal. The Pollution Control Agency shall incorporate the recycling rates reported in
the respective county's recycling rates for the previous fiscal year.
If the goal is not met, the council, agency, or district must include in its 1994 report reasons
for not meeting the goal and a plan for meeting it in the future.
History: 1991 c 337 s 65; 1995 c 247 art 2 s 30; 1Sp2005 c 1 art 2 s 161

473.802 [Repealed, 1986 c 460 s 59]

473.803 METROPOLITAN COUNTY PLANNING.
    Subdivision 1. County master plans; general requirements. Each metropolitan county,
following adoption or revision of the metropolitan policy plan and in accordance with the dates
specified therein, and after consultation with all affected local government units, shall prepare
and submit to the commissioner for approval, a county solid waste master plan to implement the
policy plan. The master plan shall be revised and resubmitted at such times as the metropolitan
policy plan may require. The master plan shall describe county solid waste activities, functions,
and facilities; the existing system of solid waste generation, collection, and processing, and
disposal within the county; proposed mechanisms for complying with the recycling requirements
of section 115A.551, and the household hazardous waste management requirements of section
115A.96, subdivision 6; existing and proposed county and municipal ordinances and license and
permit requirements relating to solid waste facilities and solid waste generation, collection, and
processing, and disposal; existing or proposed municipal, county, or private solid waste facilities
and collection services within the county together with schedules of existing rates and charges
to users and statements as to the extent to which such facilities and services will or may be
used to implement the policy plan; and any solid waste facility which the county owns or plans
to acquire, construct, or improve together with statements as to the planned method, estimated
cost and time of acquisition, proposed procedures for operation and maintenance of each facility;
an estimate of the annual cost of operation and maintenance of each facility; an estimate of the
annual gross revenues which will be received from the operation of each facility; and a proposal
for the use of each facility after it is no longer needed or usable as a waste facility. The master
plan shall, to the extent practicable and consistent with the achievement of other public policies
and purposes, encourage ownership and operation of solid waste facilities by private industry. For
solid waste facilities owned or operated by public agencies or supported primarily by public funds
or obligations issued by a public agency, the master plan shall contain criteria and standards to
protect comparable private and public facilities already existing in the area from displacement
unless the displacement is required in order to achieve the waste management objectives identified
in the plan.
    Subd. 1a.[Repealed, 1991 c 337 s 90]
    Subd. 1b.[Repealed, 1995 c 247 art 1 s 67]
    Subd. 1c. County abatement plan. Each county shall revise its master plan to include a
land disposal abatement element to implement the metropolitan land disposal abatement plan
adopted under section 473.149, subdivision 2d, and shall submit the revised master plan to the
commissioner for review under subdivision 2 within nine months after the adoption of the
metropolitan abatement plan. The county plan must implement the local abatement objectives
for the county and cities within the county as stated in the metropolitan abatement plan. The
county abatement plan must include specific and quantifiable county objectives, based on the
objectives in the metropolitan abatement plan, for abating to the greatest feasible and prudent
extent the need for and practice of land disposal of mixed municipal solid waste and of specific
components of the solid waste stream generated in the county, stated in six-year increments for a
period of at least 20 years from the date of metropolitan policy plan revisions. The plan must
include measurable performance standards for local abatement of solid waste through resource
recovery and waste reduction and separation programs and activities for the county as a whole
and for statutory or home rule charter cities of the first, second, and third class, respectively, in the
county, stated in six-year increments for a period of at least 20 years from the date of metropolitan
policy plan revisions. The performance standards must implement the metropolitan and county
abatement objectives. The plan must include standards and procedures to be used by the county in
determining annually under subdivision 3 whether a city within the county has implemented the
plan and has satisfied the performance standards for local abatement. The master plan revision
required by this subdivision must be prepared in consultation with the advisory committee
established pursuant to subdivision 4.
    Subd. 1d. Plans for required use of resource recovery facilities. Plans proposing
designation of resource recovery facilities pursuant to section 473.811, subdivision 10, shall
evaluate the benefits of the proposal, including the public purposes achieved by the conservation
and recovery of resources, the furtherance of local, district, or regional waste management
plans and policies, and the furtherance of the state policies and purposes expressed in section
115A.02, and also the costs of the proposal, including not only the direct capital and operating
costs of the facility but also any indirect costs and adverse long-term effects of the designation. In
particular the plan shall evaluate:
(a) whether the required use will result in the recovery of resources or energy from materials
which would otherwise be wasted;
(b) whether the required use will lessen the demand for and use of land disposal;
(c) whether the required use is necessary for the financial support of the facility;
(d) whether less restrictive methods for ensuring an adequate solid waste supply are available;
(e) all other feasible and prudent waste processing alternatives for accomplishing the
purposes of the proposed designation, the direct and indirect costs of the alternatives, including
capital and operating costs, and the effects of the alternatives on the cost to generators.
    Subd. 1e.[Repealed, 1995 c 247 art 1 s 67]
    Subd. 2. Commissioner review. The commissioner shall review each master plan or revision
thereof to determine whether it is consistent with the metropolitan policy plan. If it is not
consistent, the commissioner shall disapprove and return the plan with its comments to the county
for revision and resubmittal. The county shall have 90 days to revise and resubmit the plan for the
commissioner's approval. Any county solid waste plan or report approved by the council prior to
July 1, 1994, shall remain in effect until a new master plan is submitted to and approved by the
commissioner in accordance with this section.
The commissioner shall review the household hazardous waste management portion of
each county's plan.
    Subd. 2a. Waste abatement. The commissioner may require any county that fails to meet
the waste abatement objectives contained in the metropolitan policy plan to amend its master plan
to address methods to achieve the objectives. The master plan amendment is subject to review and
approval as provided in subdivision 2 and must consider at least:
(1) minimum recycling service levels for solid waste generators;
(2) mandatory generator participation in recycling programs including separation of
recyclable material from mixed municipal solid waste;
(3) use of organized solid waste collection under section 115A.94; and
(4) waste abatement participation incentives including provision of storage bins, weekly
collection of recyclable material, expansion of the types of recyclable material for collection,
collection of recyclable material on the same day as collection of solid waste, and financial
incentives such as basing charges to generators for waste collection services on the volume
of waste generated and discounting collection charges for generators who separate recyclable
material for collection separate from their solid waste.
    Subd. 3. Annual report. By April 1 of each year, each metropolitan county shall prepare
and submit to the commissioner for approval a report containing information, as prescribed in
the metropolitan policy plan, concerning solid waste generation and management within the
county. The report shall include a statement of progress in achieving the land disposal abatement
objectives for the county and classes of cities in the county as stated in the metropolitan policy
plan and county master plan. The report must list cities that have not satisfied the county
performance standards for local abatement required by subdivision 1c. The report must include a
schedule of rates and charges in effect or proposed for the use of any solid waste facility owned or
operated by or on its behalf, together with a statement of the basis for such charges.
The report shall contain the recycling development grant report required by section 473.8441
and the annual certification report required by section 473.848.
    Subd. 4. Advisory committee. Each county shall establish a solid waste management
advisory committee to aid in the preparation of the county master plan, any revisions thereof, and
such additional matters as the county deems appropriate. The committee must consist of citizen
representatives, representatives from towns and cities within the county, and representatives from
private waste management firms. The committee must include residents of towns or cities within
the county containing solid waste disposal facilities. The commissioner or the commissioner's
appointee is a nonvoting ex officio member of the committee.
    Subd. 5. Role of private sector; county oversight. A county may include in its solid waste
management master plan and in its plan for county land disposal abatement a determination that
the private sector will achieve, either in part or in whole, the goals and requirements of sections
473.149 and 473.803, as long as the county:
(1) retains active oversight over the efforts of the private sector and monitors performance
to ensure compliance with the law and the goals and standards in the metropolitan policy plan
and the county master plan;
(2) continues to meet its responsibilities under the law for ensuring proper waste
management, including, at a minimum, enforcing waste management law, providing waste
education, promoting waste reduction, and providing its residents the opportunity to recycle
waste materials; and
(3) continues to provide all required reports on the county's progress in meeting the waste
management goals and standards of this chapter and chapter 115A.
History: 1975 c 13 s 140; 1976 c 179 s 14; 1980 c 564 art 10 s 8; 1981 c 352 s 41; 1982 c
424 s 130; 1982 c 569 s 26-28; 1983 c 373 s 57,58; 1984 c 455 s 1; 1984 c 640 s 32; 1984 c 644 s
63-65; 1985 c 274 s 23,24; 1987 c 348 s 41; 1988 c 685 s 30; 1989 c 325 s 54; 1Sp1989 c 1 art 20
s 28; 1991 c 337 s 66,67; 1993 c 249 s 40; 1994 c 585 s 41; 1995 c 247 art 1 s 52-54; art 2 s
31-34; 1997 c 45 s 2; 1Sp2005 c 1 art 2 s 161

473.804 HOUSEHOLD HAZARDOUS WASTE MANAGEMENT.
By June 30, 1992, each metropolitan county shall develop and implement a permanent
program to manage household hazardous waste. Each program must include at least quarterly
collection of wastes. Each program must be consistent with the metropolitan policy plan and must
be described as part of each county's solid waste master plan revision as required under section
473.803, subdivision 1.
History: 1Sp1989 c 1 art 20 s 29; 1995 c 247 art 2 s 35

473.806 [Repealed, 1991 c 337 s 90]

473.811 WASTE MANAGEMENT BY COUNTIES, DEFINED LOCAL UNITS.
    Subdivision 1. County acquisition of facilities. To accomplish the purpose specified in
section 473.803, each metropolitan county may acquire by purchase, lease, gift or condemnation
as provided by law, upon such terms and conditions as it shall determine, including contracts for
deed and conditional sales contracts, solid waste facilities or properties or easements for solid
waste facilities which are in accordance with rules adopted by the agency, the policy plan and the
approved county master plan, and may improve or construct improvements on any property or
facility so acquired. No metropolitan city, county or town shall own or operate a hazardous waste
facility, except a facility to manage household hazardous waste. Each metropolitan county is
authorized to levy a tax in anticipation of need for expenditure for the acquisition and betterment
of solid waste facilities. If a tax is levied in anticipation of need, the purpose must be specified in
a resolution of the county directing that the levy and the proceeds of the tax may be used only for
that purpose. Until so used, the proceeds shall be retained in a separate fund or invested in the
same manner as surplus in a sinking fund may be invested under section 118A.04. The right of
condemnation shall be exercised in accordance with chapter 117.
For the purposes of this section "solid waste facility" includes a facility to manage household
hazardous waste.
    Subd. 1a. Right of access. Whenever the county deems it necessary to the evaluation of a
waste facility for enforcement purposes or for the accomplishment of any purpose under sections
473.149 and 473.801 to 473.834, the county, or any employee or agent thereof when authorized
by it, may enter upon any property, public or private, for the purpose of obtaining information or
conducting surveys or investigations, provided that the entrance and activity is undertaken after
reasonable notice and during normal business hours and provided that compensation is made for
any damage to the property caused by the entrance and activity.
    Subd. 2. County financing of facilities. Each metropolitan county may by resolution
authorize the issuance of bonds to provide funds for the acquisition or betterment of solid waste
facilities, closure, postclosure, and contingency costs, related transmission facilities, or property
or property rights for the facilities, for responses, as defined in section 115B.02, to releases from
closed solid waste facilities, or for refunding any outstanding bonds issued for any such purpose.
The proceeds of bonds issued under this section for closure, postclosure, and contingency costs
and noncapital responses to releases may be used only for solid waste facilities in existence on
May 15, 1989. The county may pledge to the payment of the bonds and the interest thereon, its
full faith, credit, and taxing powers, or the proceeds of any designated tax levies, or the gross
or net revenues or charges to be derived from any facility operated by or for the county, or any
combination thereof. Taxes levied for the payment of the bonds and interest shall not reduce the
amounts of other taxes which the county is authorized by law to levy. The proceeds of the bonds
may be used in part to establish a reserve as further security for the payment of the principal and
interest of the bonds when due. Bonds issued pursuant to this section may be sold at public
or private sale upon such conditions as the county board shall determine. No election shall be
required to authorize the issuance of the bonds. Except as otherwise provided, the bonds shall be
issued and sold in accordance with the provisions of chapter 475.
    Subd. 2a. County solid waste industrial development revenue bonds. A metropolitan
county may issue revenue bonds to finance solid waste and related facilities projects located inside
or outside the boundaries of cities or towns described in section 368.01 under and pursuant to the
provisions of chapter 474.
    Subd. 3. County operation of facilities. Each metropolitan county may operate and maintain
solid waste facilities, and for this purpose may employ all necessary personnel, may adopt
regulations governing operation, and may establish and collect reasonable, nondiscriminatory
rates and charges, except as authorized under section 115A.919, for the use of the facilities by any
local government unit or person, estimated to be sufficient, with any other moneys appropriated
for the purpose, to pay all costs of acquisition, operation and maintenance. Each metropolitan
county may use itself or sell all or any part of materials or energy recovered from solid waste to
private interests or public agencies for consumption or reuse by them. Section 471.345 and Laws
1951, chapter 556, as amended shall not apply to the sale of the materials or energy.
    Subd. 3a. Service areas. Metropolitan counties have the authority provided in section 400.08.
    Subd. 4. County contracts. Each metropolitan county may contract for the acquisition or
use of existing public or private solid waste facilities or any facilities deemed necessary or useful
for resource recovery from solid waste and may contract with any person for the operation or
maintenance, or both, of any solid waste facility owned by the county. The contract shall provide
for the operation or maintenance, or both, of the facility in accordance with any regulations,
criteria, and standards of the agency, the Metropolitan Council and the county relating thereto.
Any contract for the operation or maintenance of a solid waste facility may provide for the sale of
solid waste, materials, electric energy, steam or other product to the operator or for a fee payable
to the operator, which may be a fixed fee, or a fee based on tonnage or a percentage of income or
other measure, or any combination thereof. A metropolitan county may warrant to the operator of
a solid waste facility or contract purchaser of any solid waste, materials, electric energy, steam or
other product the quality, composition and available quantity of the solid waste, materials, electric
energy, steam or other product to be sold or delivered. A metropolitan county may enter into an
agreement with any local government unit or the University of Minnesota for the purpose of
compensating for the local risks, costs, or other effects of a waste processing facility.
    Subd. 4a. Ordinances; general conditions; restrictions; application. Ordinances of
counties and local government units related to or affecting waste management shall embody plans,
policies, rules, standards and requirements adopted by any state agency authorized to manage or
plan for or regulate the management of waste and the waste management plans adopted under
section 473.149 and shall be consistent with approved county master plans. Except as provided in
this subdivision, a county may establish and operate or contract for the establishment or operation
of a solid waste disposal facility without complying with local ordinances if the commissioner
certifies need under section 473.823, subdivision 6. With the approval of the commissioner, local
government units may impose and enforce reasonable conditions respecting the construction,
operation, inspection, monitoring, and maintenance of the disposal facilities. No local government
unit shall prevent the establishment or operation of any solid waste facility in accordance with the
commissioner's decision under section 473.823, subdivision 5, except that, with the approval of
the commissioner, the local government unit may impose reasonable conditions respecting the
construction, inspection, monitoring, and maintenance of a facility.
    Subd. 4b. Contracts; negotiation. Notwithstanding any other law, a metropolitan county
may contract for the acquisition, construction, improvement, maintenance or operation of solid
waste facilities or property or property rights for solid waste facilities by any means available
and in the manner determined by the county board, with or without advertisement for bids.
A metropolitan county may select and employ a construction manager for construction and
acquisition of solid waste facilities or property or property rights for solid waste facilities
and negotiate and enter into a construction management agreement, which may but need not
include a guaranteed maximum price. A construction manager shall give a bond to the county
in accordance with section 574.26 if a construction management agreement provides for a
guaranteed maximum price, provided that the amount of any bond furnished by any contractor
or subcontractor for performance of and payment of labor and materials under a contract or
subcontract for solid waste facilities or property or property rights for solid waste facilities
included in the guaranteed maximum price may be substituted to the extent of the bond amount
for the bond of the construction manager. A construction management agreement for acquisition
and construction of solid waste facilities or property or property rights for solid waste facilities
may be combined with a contract for maintenance or operation, or both, of the facilities and
negotiated with the same person.
    Subd. 5. Ordinances; solid waste collection and transportation. (a) Each metropolitan
county may adopt ordinances governing the collection of solid waste. A county may adopt, but
may not be required to adopt, an ordinance that requires the separation from mixed municipal
waste, by generators before collection, of materials that can readily be separated for use or reuse
as substitutes for raw materials or for transformation into a usable soil amendment.
(b) Each local unit of government within the metropolitan area shall adopt an ordinance
governing the collection of solid waste within its boundaries. If the county within which it is
located has adopted a collection ordinance, the local unit shall adopt either the county ordinance
by reference or a more strict ordinance. If the county within which it is located has adopted a
separation ordinance, the ordinance applies in all local units within the county that have failed to
meet the local abatement performance standards, as stated in the most recent annual county report.
(c) Ordinances of counties and local government units may establish reasonable conditions
respecting but shall not prevent the transportation of solid waste by a licensed collector through
and between counties and local units, except as required for the enforcement of any designation of
a facility by a county under chapter 115A or for enforcement of the prohibition on disposal of
unprocessed mixed municipal solid waste under sections 473.848 and 473.849.
(d) A licensed collector or a metropolitan county or local government unit may request
review by the commissioner of an ordinance adopted under this subdivision. The commissioner
shall approve or disapprove the ordinance within 60 days of the submission of a request for
review. The ordinance shall remain in effect unless it is disapproved.
(e) Ordinances of counties and local units of government:
(1) shall provide for the enforcement of any designation of facilities by the counties under
chapter 115A;
(2) may require waste collectors and transporters to deliver unprocessed mixed municipal
solid waste generated in the county to processing facilities; and
(3) may prohibit waste collectors and transporters from delivering unprocessed mixed
municipal solid waste generated in the county to disposal facilities for final disposal.
(f) Nothing in this subdivision limits the authority of the local government unit to regulate
and license collectors of solid waste or to require review or approval by the commissioner for
ordinances regulating collection.
    Subd. 5a. Ordinances; solid waste facilities. Each metropolitan county shall by ordinance
establish and from time to time revise rules, regulations, and standards for solid waste facilities
within the county, relating to location, sanitary operation, periodic inspection and monitoring,
maintenance, termination and abandonment, and other pertinent matters. The county ordinance
may require facilities accepting mixed municipal solid waste for disposal to install scales. The
county ordinance may prohibit disposal facilities from accepting unprocessed mixed municipal
solid waste for final disposal. The county ordinance shall require permits or licenses for solid
waste facilities and shall require that such facilities be registered with a county office.
    Subd. 5b. Ordinances; hazardous waste management. (a) Each metropolitan county shall
by ordinance establish and revise rules, regulations, and standards relating to (1) the identification
of hazardous waste, (2) the labeling and classification of hazardous waste, (3) the collection,
storage, transportation, processing, and disposal of hazardous waste, and (4) other matters
necessary for the public health, welfare and safety. The county shall require permits or licenses
for the generation, collection, processing, and disposal of hazardous waste and shall require
registration with a county office. County hazardous waste ordinances may not be inconsistent
with, and must be at least as stringent as, the agency hazardous waste rules. Counties shall
submit adopted ordinances to the agency for review. Counties may adopt ordinances for the
issuance of permits or licenses for generators, collectors, or processors of hazardous waste that
are more stringent than agency rules if the ordinances do not present an obstacle or impediment to
implementation of the agency rules. In the event that agency rules are modified, each county shall
modify its ordinances accordingly and shall submit the modification to the agency for review
within 120 days. Issuing, denying, suspending, modifying, imposing conditions upon, or revoking
hazardous waste permits or licenses, and county hazardous waste regulations and ordinances,
shall be subject to review, denial, suspension, modification, and reversal by the agency. The
agency shall after written notification have 15 days in the case of hazardous waste permits and
licenses and 30 days in the case of hazardous waste ordinances to review, suspend, modify, or
reverse the action of the county. After this period, the action of the county board shall be final
subject to appeal to the district court in the manner provided in chapter 14.
(b) A metropolitan county may not impose a volume-based fee under this subdivision on
material that is reused at the facility where the material is generated in a manner that the facility
owner or operator can demonstrate does not increase the toxicity of, or the level of hazardous
substances or pollutants or contaminants in, products that leave the facility. A metropolitan county
may impose a flat annual fee on a facility that generates the type of material described in the
preceding sentence, provided that the fee reflects the reasonable and necessary costs of inspections
of the facility. A county imposing a fee under this paragraph must comply with section 373.41.
    Subd. 5c. County enforcement. Each metropolitan county shall be responsible for
insuring that waste facilities, solid waste collection operations licensed or regulated by the
county and hazardous waste generation and collection operations are brought into conformance
with, or terminated and abandoned in accordance with, applicable county ordinances; rules
and requirements of the state; and the policy plan. Counties may provide by ordinance that
operators or owners or both of such facilities or operations shall be responsible to the county for
satisfactorily performing the procedures required. If operators or owners or both fail to perform,
the county may recover the costs incurred by the county in completing the procedures in a civil
action in any court of competent jurisdiction or, in the discretion of the board, the costs may be
certified to the county auditor as a special tax against the land. The ordinances may be enforced
by action in district court or administrative penalty order authorized under section 116.072. The
county may prescribe a criminal penalty for the violation of any ordinance enacted under this
section not exceeding the maximum which may be specified for a misdemeanor.
    Subd. 6. Grants and loans to counties. Each metropolitan county may accept gifts, may
apply for and accept grants or loans of money or other property from the United States, the state,
the Metropolitan Council, any local government unit, or any person, to accomplish the purposes
specified in sections 473.149, 473.151, 473.801 to 473.823, and 473.834, may enter into any
agreement required in connection therewith, and may hold, use, and dispose of the money or
property in accordance with the terms of the gift, grant, loan or agreement relating thereto.
    Subd. 7. Joint action. Any local governmental unit or metropolitan agency may act together
with any county, city, or town within or without the metropolitan area, or with the Pollution
Control Agency under the provisions of section 471.59 or any other appropriate law providing for
joint or cooperative action between government units, to accomplish any purpose specified in
sections 473.149, 473.151, 473.801 to 473.823, 473.834, 116.05 and 115A.06.
Any agreement regarding data processing services relating to the generation, management,
identification, labeling, classification, storage, collection, treatment, transportation, processing
or disposal of waste and entered into pursuant to section 471.59, or other law authorizing
joint or cooperative action may provide that any party to the agreement may agree to defend,
indemnify and hold harmless any other party to the agreement providing the services, including
its employees, officers or volunteers, against any judgments, expenses, reasonable attorney's fees
and amounts paid in settlement actually and reasonably incurred in connection with any third
party claim or demand arising out of an alleged act or omission by a party to the agreement, its
employees, officers or volunteers occurring in connection with any exchange, retention, storage
or processing of data, information or records required by the agreement. Any liability incurred
by a party to an agreement under this subdivision shall be subject to the limitations set forth
in section 3.736 or 466.04.
    Subd. 8. County sale or lease. Each metropolitan county may sell or lease any facilities
or property or property rights previously used or acquired to accomplish the purposes specified
by sections 473.149, 473.151, 473.801 to 473.823, and 473.834. Such property may be sold in
the manner provided by section 469.065, or may be sold in the manner and on the terms and
conditions determined by the county board. Each metropolitan county may convey to or permit
the use of any such property by a local government unit, with or without compensation, without
submitting the matter to the voters of the county. No real property or property rights acquired
pursuant to this section may be disposed of in any manner unless and until the county shall have
submitted to the agency for review and comment the terms on and the use for which the property
will be disposed of. The agency shall review and comment on the proposed disposition within 60
days after each has received the data relating thereto from the county.
    Subd. 9. Solid and hazardous waste fund. All money received by any metropolitan county
from any source specified in sections 473.149, 473.151, 473.801 to 473.823, and 473.834 shall
be paid into the county treasury, placed in a special fund designated as the county solid and
hazardous waste fund, and used only for the purposes authorized in those sections, as appropriated
by the county board, subject to any lawful restrictions, conditions, or pledges applicable thereto.
    Subd. 10. County designation of resource recovery facilities. A qualifying county may be
authorized to designate a resource recovery facility under sections 115A.80 to 115A.89.
    Subd. 11.[Repealed, 1986 c 425 s 46]
History: 1975 c 13 s 141; 1976 c 179 s 15; 1980 c 564 art 10 s 9; 1981 c 352 s 42-48; 1982
c 424 s 130; 1982 c 569 s 29,30; 1983 c 373 s 60; 1984 c 644 s 66; 1985 c 248 s 70; 1985 c 274 s
25-27; 1986 c 425 s 40,41; 1986 c 460 s 54; 1987 c 291 s 232; 1987 c 384 art 2 s 103-106; 1989
c 325 s 55; 1989 c 335 art 1 s 269; 1989 c 355 s 14; 1991 c 337 s 68-76; 1991 c 342 s 15; 1992 c
593 art 1 s 40; 1993 c 13 art 2 s 12-15; 1993 c 279 s 2; 1994 c 585 s 42,43; 1995 c 186 s 90,91;
1995 c 247 art 1 s 55; art 2 s 36-40; 1996 c 399 art 2 s 12; 1Sp2005 c 1 art 2 s 161

473.812 RECORDS; INSPECTION.
For the purpose of enforcing section 473.811 or ordinances adopted under that section, a
county has the responsibilities and authorities for record inspection under section 115A.882,
regardless of whether the county has adopted a designation ordinance under sections 115A.80 to
115A.893.
History: 1994 c 585 s 44

473.813 CITIES, COUNTIES, TOWNS; SOLID WASTE CONTRACTS.
    Subdivision 1. For up to 30 years. Notwithstanding any contrary provision of law or charter,
and in addition to the powers or authority granted by any other law or charter, a city, county, or
town in the metropolitan area may directly negotiate and enter into contracts, for a term not to
exceed 30 years, for the delivery of solid waste to a waste facility and the processing of solid
waste. Contracts made by direct negotiations shall be approved by resolution adopted by the
governing body of the city, county, or town.
    Subd. 2. Review by commissioner. Before a city, county, or town enters into any contract
pursuant to subdivision 1 for a period of more than five years, the city, county, or town shall
submit the proposed contract and a description of the proposed activities under the contract
to the commissioner for review and approval. The commissioner shall approve the proposed
contract if the commissioner determines that the contract is consistent with the metropolitan
policy plan, permits issued under section 473.823, and county reports or approved master plans.
The commissioner may consolidate the review of contracts submitted under this section with
the review of related permit applications submitted under section 473.823 and for this purpose
may delay the review required by this section.
History: 1976 c 179 s 16; 1980 c 564 art 10 s 10; 1995 c 247 art 2 s 41; 1Sp2005 c 1
art 2 s 161

473.815 [Repealed, 1976 c 179 s 20]

473.821 [Repealed, 1976 c 179 s 20]

473.823 RULES AND PERMITS.
    Subdivision 1.[Repealed, 1980 c 564 art 13 s 2]
    Subd. 2.[Repealed, 1980 c 564 art 13 s 2]
    Subd. 3. Solid waste facilities; review procedures. (a) The agency shall request applicants
for solid waste facility permits to submit all information deemed relevant by the commissioner for
review, including without limitation information relating to the geographic areas and population
served, the need, the effect on existing facilities and services, the effectiveness of proposed buffer
areas to ensure, at a minimum, protection of surrounding land uses from adverse or incompatible
impacts due to landfill operation and related activities, the anticipated public cost and benefit,
the anticipated rates and charges, the manner of financing, the effect on metropolitan plans and
development programs, the supply of waste, anticipated markets for any product, and alternative
means of disposal or energy production.
(b) A permit may not be issued for the operation of a solid waste facility in the metropolitan
area which is not in accordance with the metropolitan policy plan. The commissioner shall
determine whether a permit is in accordance with the policy plan. In making this determination,
the commissioner shall consider the areawide need and benefit of the applicant facility and the
effectiveness of proposed buffer areas to adequately protect surrounding land uses in accordance
with the policy plan, and may consider, without limitation, the effect of the applicant facility
on existing and planned solid waste facilities.
(c) If the commissioner determines that a permit is in accordance with the policy plan, the
commissioner shall approve the permit. If the commissioner determines that a permit is not
in accordance with the policy plan, the commissioner shall disapprove the permit. Approval
of permits may be subject to conditions the commissioner determines are necessary to satisfy
criteria and standards in the policy plan, including conditions respecting the type, character, and
quantities of waste to be processed at a solid waste facility used primarily for resource recovery
and the geographic territory from which a resource recovery facility or transfer station serving
such a facility may draw its waste.
(d) A permit may not be issued in the metropolitan area for a solid waste facility used
primarily for resource recovery or a transfer station serving the facility, if the facility or station is
owned or operated by a public agency or if the acquisition or betterment of the facility or station
is secured by public funds or obligations issued by a public agency, unless the commissioner finds
and determines that adequate markets exist for the products recovered and that establishment of
the facility is consistent with the criteria and standards in the metropolitan and county plans
respecting the protection of existing resource recovery facilities and transfer stations serving
such facilities.
    Subd. 4.[Repealed, 1980 c 564 art 13 s 2]
    Subd. 5. Review of waste processing facilities. (a) A metropolitan county may establish a
waste processing facility within the county without complying with local ordinances, if the
action is approved by the commissioner in accordance with the review process established by
this subdivision. A county requesting review shall show that:
(1) the required permits for the proposed facility have been or will be issued by the agency;
(2) the facility is consistent with the metropolitan policy plan and the approved county
master plan; and
(3) a local government unit has refused to approve the establishment or operation of the
facility, has failed to deny or approve establishment or operation of the facility within the time
period required in section 115A.31, or has approved the application or request with conditions
that are unreasonable or impossible for the county to meet.
(b) The commissioner shall commence the review within 90 days of the submission of
a request determined by the commissioner to satisfy the requirements for review under this
subdivision. Upon commencing the review the commissioner shall establish a scope and
procedure, including criteria, for the review and final decision on the proposed facility. The
procedure shall require the commissioner to make a final decision on the proposed facility within
120 days following the commencement of review. For facilities other than waste incineration
and mixed municipal solid waste composting facilities, the commissioner shall commence the
review within 45 days of submission of the request and shall make a final decision within 75 days
following commencement of review.
(c) The commissioner shall conduct at least one public hearing in the city or town within
which the proposed facility would be located. Notice of the hearing shall be published in a
newspaper or newspapers of general circulation in the area for two successive weeks ending at
least 15 days before the date of the hearing. The notice shall describe the proposed facility, its
location, the proposed permits, and the scope, procedure, and criteria for review. The notice shall
identify a location or locations within the local government unit and county where the permit
applications and the scope, procedure, and criteria for review are available for review and where
copies may be obtained.
(d) In the review and final decision on the proposed facility, the commissioner shall consider
at least the following matters:
(1) the risk and effect of the proposed facility on local residents, units of government, and the
local public health, safety, and welfare, and the degree to which the risk or effect may be alleviated;
(2) the consistency of the proposed facility with, and its effect on, existing and planned
local land use and development; local laws, ordinances, and permits; and local public facilities
and services;
(3) the adverse effects of the facility on agriculture and natural resources and opportunities to
mitigate or eliminate such adverse effects by additional stipulations, conditions, and requirements
respecting the design and operation of the proposed facility at the proposed site;
(4) the need for the proposed facility and the availability of alternative sites;
(5) the consistency of the proposed facility with the county master plan adopted pursuant to
section 473.803 and the policy plan adopted pursuant to section 473.149; and
(6) transportation facilities and distance to points of waste generation.
(e) The commissioner may either approve or disapprove the proposed facility at the proposed
site. The approval shall embody all terms, conditions, and requirements of the permitting state
agencies, provided that the commissioner may require more stringent permit terms, conditions,
and requirements respecting the design, construction, operation, inspection, monitoring, and
maintenance of the proposed facility at the proposed site.
    Subd. 6. Certification of need. No new mixed municipal solid waste disposal facility or
capacity shall be permitted in the metropolitan area without a certificate of need issued by the
commissioner indicating a determination that the additional disposal capacity planned for the
facility is needed in the metropolitan area. The commissioner shall amend the policy plan, adopted
pursuant to section 473.149, to include standards and procedures for certifying need that conform
to the certification standards stated in this subdivision. The standards and procedures shall be based
on the metropolitan disposal abatement plan adopted pursuant to section 473.149, subdivision
2d , the solid waste disposal facilities development schedule adopted under section 473.149,
subdivision 2e , and the provisions of any master plans of counties that have been approved under
section 473.803, subdivision 2, and that are consistent with the abatement plan and development
schedule. The commissioner shall certify need only to the extent that there are no feasible and
prudent alternatives to the disposal facility, including waste reduction, source separation and
resource recovery which would minimize adverse impact upon natural resources. Alternatives
that are speculative or conjectural shall not be deemed to be feasible and prudent. Economic
considerations alone shall not justify the certification of need or the rejection of alternatives.
History: 1975 c 13 s 144; 1976 c 179 s 17; 1976 c 239 s 117; 1980 c 564 art 10 s 11-13;
1982 c 569 s 31; 1983 c 373 s 61; 1984 c 644 s 67; 1985 c 274 s 28; 1986 c 444; 1986 c 460
s 55; 1989 c 325 s 56; 1991 c 337 s 77,78; 1994 c 628 art 3 s 204; 1995 c 247 art 2 s 42-44;
1Sp2005 c 1 art 2 s 161

473.827    Subdivision 1.[Repealed, 1984 c 644 s 82]
    Subd. 2.[Repealed, 1982 c 569 s 39; 1984 c 644 s 82]
    Subd. 3.[Repealed, 1982 c 569 s 39; 1984 c 644 s 82]
    Subd. 4.[Repealed, 1982 c 569 s 39; 1984 c 644 s 82]
    Subd. 5.[Repealed, 1982 c 569 s 39; 1984 c 644 s 82]
    Subd. 6.[Repealed, 1982 c 569 s 39; 1984 c 644 s 82]
    Subd. 7.[Repealed, 1984 c 644 s 82]

473.831 [Repealed, 1991 c 337 s 90]

473.833 [Repealed, 1991 c 337 s 90]

473.834 DEBT SERVICE; SOLID WASTE BONDS.
    Subdivision 1. Certain cities and towns; exemption. Each city or town in which a solid
waste disposal facility is operating after January 1, 1980, shall be permanently exempt from the
payments required by this section, if the facility is a commercial facility disposing of mixed
municipal solid waste under an agency permit.
    Subd. 2. Allocation of debt service. The annual debt service on the council's solid waste
bonds, issued under Minnesota Statutes 1990, section 473.831, shall be annually apportioned and
certified by the council to each county in the metropolitan area, in the proportion that the net tax
capacity of all taxable property within each county bears to the net tax capacity of the taxable
property in all the counties, except that the apportionment to each county shall first be adjusted to
reflect exemptions from payment required by subdivision 1.
History: 1980 c 564 art 10 s 17; 1981 c 352 s 51; 1987 c 348 s 42; 1988 c 719 art 5 s
84; 1989 c 329 art 13 s 20; 1995 c 186 s 92

473.840 [Repealed, 1991 c 337 s 90]

LANDFILL ABATEMENT

473.841 CITATION.
Sections 473.842 to 473.847 may be cited as the "Metropolitan Landfill Abatement Act."
History: 1984 c 644 s 71

473.842 DEFINITIONS.
    Subdivision 1. Scope. As used in sections 473.842 to 473.847, the terms defined in this
section have the meanings given them.
    Subd. 1a. Closure. "Closure" means actions that will prevent, mitigate, or minimize the
threat to public health and the environment posed by a closed solid waste disposal facility
including application of final cover; grading and seeding of final cover; installation of an
adequate monitoring system, if necessary; and construction of ground and surface water diversion
structures.
    Subd. 2. Market development. "Market development" means the location and facilitation of
markets for materials, substances, energy, or other products contained within or derived from
waste.
    Subd. 3. Mixed municipal solid waste disposal facility. "Mixed municipal solid waste
disposal facility" means a waste facility used for the disposal of mixed municipal solid waste.
    Subd. 4. Operator. "Operator" means:
(1) the permittee of a mixed municipal solid waste disposal facility that has an agency
permit; or
(2) the person in control of a mixed municipal solid waste disposal facility that does not
have an agency permit.
    Subd. 4a. Postclosure, postclosure care. "Postclosure" and "postclosure care" mean actions
taken for the care, maintenance, and monitoring of a solid waste disposal facility after closure
that will prevent, mitigate, or minimize the threat to public health and environment posed by the
closed facility.
    Subd. 5. Response. "Response" has the meaning given it in section 115B.02, subdivision 18.
    Subd. 6. Solid waste disposal facility. "Solid waste disposal facility" means a waste facility
which is used for the disposal of solid waste.
History: 1984 c 644 s 72; 1985 c 274 s 31,32; 1987 c 348 s 43

473.843 METROPOLITAN SOLID WASTE LANDFILL FEE.
    Subdivision 1. Amount of fee; application. The operator of a mixed municipal solid waste
disposal facility in the metropolitan area shall pay a fee on solid waste accepted and disposed at
the facility as follows:
(a) A facility that weighs the waste that it accepts must pay a fee of $6.66 per ton of waste
accepted at the entrance of the facility.
(b) A facility that does not weigh the waste but that measures the volume of the waste that it
accepts must pay a fee of $2 per cubic yard of waste accepted at the entrance of the facility. This
fee and the tipping fee must be calculated on the same basis.
(c) Waste residue, from recycling facilities at which recyclable materials are separated or
processed for the purposes of recycling, or from energy and resource recovery facilities at which
solid waste is processed for the purpose of extracting, reducing, converting to energy, or otherwise
separating and preparing solid waste for reuse, is exempt from the fee imposed by this subdivision
if there is at least an 85 percent weight reduction in the solid waste processed. To qualify for
exemption under this clause, waste residue must be brought to a disposal facility separately. The
commissioner of revenue, with the advice and assistance of the agency, shall prescribe procedures
for determining the amount of waste residue qualifying for exemption.
    Subd. 2. Disposition of proceeds. The proceeds of the fees imposed under this section,
including interest and penalties, must be deposited as follows:
(1) three-fourths of the proceeds must be deposited in the environmental fund for
metropolitan landfill abatement for the purposes described in section 473.844; and
(2) one-fourth of the proceeds must be deposited in the metropolitan landfill contingency
action trust account in the remediation fund established in sections 116.155 and 473.845.
    Subd. 3. Payment of fee. On or before the 20th day of each month each operator shall pay
the fee due under this section for the previous month, using a form provided by the commissioner
of revenue.
An operator having a fee of $120,000 or more during a fiscal year ending June 30 must pay
all fees in the subsequent calendar year by electronic means.
    Subd. 4. Exchange of information. Notwithstanding the provisions of section 116.075,
the agency may provide the commissioner of revenue with the information necessary for the
enforcement of this section. Information disclosed in a return filed under this section is public
information. Information exchanged between the commissioner and the agency is public unless
the information is of the type determined to be for the confidential use of the agency under section
116.075 or is trade secret information classified under section 13.37. Information obtained in the
course of an audit by the Department of Revenue is private or nonpublic data to the extent that
it would not be directly divulged in a return.
    Subd. 5. Penalties; enforcement. The audit, penalty, and enforcement provisions applicable
to corporate franchise taxes imposed under chapter 290 apply to the fees imposed under this
section. The commissioner of revenue shall administer the provisions.
    Subd. 6. Rules. The commissioner of revenue may adopt rules necessary to implement
this section.
    Subd. 7.[Repealed, 1985 c 274 s 47]
History: 1984 c 644 s 73; 1988 c 719 art 19 s 24; 1989 c 277 art 1 s 31; 1989 c 325 s
60,61; 1989 c 335 art 4 s 94; 1991 c 291 art 17 s 12; 1993 c 375 art 10 s 50; 1994 c 585 s
45; 1995 c 247 art 1 s 56; 1Sp2001 c 5 art 17 s 21; 2003 c 128 art 2 s 46; 2005 c 151 art 8 s
19; 1Sp2005 c 1 art 2 s 161

473.844 METROPOLITAN LANDFILL ABATEMENT FUND.
    Subdivision 1. Purposes. The money in the environmental fund for landfill abatement must
be used to reduce to the greatest extent feasible and prudent the need for and practice of land
disposal of mixed municipal solid waste in the metropolitan area. This money consists of revenue
deposited in the environmental fund under section 473.843, subdivision 2, clause (1), and interest
earned on investment of this money. All repayments to loans made under this section must be
credited to the environmental fund. The landfill abatement money in the environmental fund may
be spent only for purposes of metropolitan landfill abatement as provided in subdivision 1a and
only upon appropriation by the legislature.
    Subd. 1a. Use of funds. (a) The money in the account may be spent only for the following
purposes:
(1) assistance to any person for resource recovery projects funded under subdivision 4 or
projects to develop and coordinate markets for reusable or recyclable waste materials, including
related public education, planning, and technical assistance;
(2) grants to counties under section 473.8441;
(3) program administration;
(4) public education on solid waste reduction and recycling;
(5) solid waste research; and
(6) grants to multicounty groups for regionwide planning for solid waste management system
operations and use of management capacity.
(b) The commissioner shall allocate at least 50 percent of the annual revenue received by the
account for grants to counties under section 473.8441.
    Subd. 2.[Repealed, 1987 c 348 s 52]
    Subd. 3.[Repealed, 1991 c 337 s 90]
    Subd. 4. Resource recovery grants and loans. The grant and loan program under this
subdivision is administered by the commissioner. Grants and loans may be made to any person for
resource recovery projects. The grants and loans may include the cost of planning, acquisition of
land and equipment, and capital improvements. Grants and loans for planning may not exceed
50 percent of the planning costs. Grants and loans for acquisition of land and equipment and for
capital improvements may not exceed 50 percent of the cost of the project. Grants and loans may
be made for public education on the need for the resource recovery projects. A grant or loan for
land, equipment, or capital improvements may not be made until the director has determined the
total estimated capital cost of the project and ascertained that full financing of the project is
assured. Grants and loans made to cities, counties, or solid waste management districts must be
for projects that are in conformance with approved master plans. A grant or loan to a city or town
must be reviewed and approved by the county for conformance with the county master plan. The
commissioner shall require, where practical, cooperative purchase between cities, counties,
and districts of capital equipment.
    Subd. 5.[Repealed, 1987 c 348 s 52]
History: 1984 c 644 s 74; 1985 c 274 s 33,34; 1987 c 348 s 44,45; 1989 c 325 s 62; 1989 c
335 art 4 s 95,106; 1991 c 199 art 1 s 76; 1992 c 593 art 1 s 41; 1994 c 585 s 46; 1995 c 247
art 2 s 45,46; 2003 c 128 art 2 s 47; 1Sp2005 c 1 art 2 s 161

473.8441 LOCAL RECYCLING DEVELOPMENT PROGRAM.
    Subdivision 1. Definitions. "Number of households" has the meaning given in section
477A.011, subdivision 3a.
    Subd. 2. Program. The commissioner shall encourage the development of permanent local
recycling programs throughout the metropolitan area. The commissioner shall make grants to
qualifying metropolitan counties as provided in this section.
    Subd. 3. Grants; eligible costs. Grants may be used to pay for planning, developing, and
operating yard waste composting and recycling programs.
    Subd. 4. Grant conditions. The commissioner shall administer grants so that the following
conditions are met:
(a) A county must apply for a grant in the manner determined by the commissioner. The
application must describe the activities for which the grant will be used.
(b) The activities funded must be consistent with the metropolitan policy plan and the
county master plan.
(c) A grant must be matched by equal county expenditures for the activities for which the
grant is made.
(d) All grant funds must be used for new activities or to enhance or increase the effectiveness
of existing activities in the county.
(e) Counties shall provide support to maintain effective municipal recycling where it is
already established.
    Subd. 5. Grant allocation procedure. (a) The commissioner shall distribute the funds
annually so that each qualifying county receives an equal share of 50 percent of the allocation to
the program described in this section, plus a proportionate share of the remaining funds available
for the program. A county's proportionate share is an amount that has the same proportion to
the total remaining funds as the number of households in the county has to the total number
of households in all metropolitan counties.
(b) To qualify for distribution of funds, a county, by April 1 of each year, must submit to
the commissioner for approval a report on expenditures and activities under the program during
the preceding fiscal year and any proposed changes in its recycling implementation strategy
or performance funding system. The report shall be included in the county report required by
section 473.803, subdivision 3.
History: 1987 c 348 s 46; 1989 c 325 s 63; 1993 c 249 s 41; 1995 c 247 art 2 s 47-49;
1Sp2005 c 1 art 2 s 161

473.845 METROPOLITAN LANDFILL CONTINGENCY ACTION ACCOUNT.
    Subdivision 1. Establishment. The metropolitan landfill contingency action trust account is
an expendable trust account in the remediation fund. The account consists of revenue deposited in
the account under section 473.843, subdivision 2, clause (2); amounts recovered under subdivision
7; and interest earned on investment of money in the account.
    Subd. 2.[Repealed, 1999 c 231 s 207]
    Subd. 3. Contingency actions and reimbursement. Money in the account is appropriated to
the agency for expenditure for any of the following:
(1) to take reasonable and necessary actions for closure and postclosure care of a mixed
municipal solid waste disposal facility in the metropolitan area for a 30-year period after closure,
if the agency determines that the operator or owner will not take the necessary actions requested
by the agency for closure and postclosure in the manner and within the time requested;
(2) to take reasonable and necessary response actions and postclosure care actions at a mixed
municipal solid waste disposal facility in the metropolitan area that has been closed for 30 years
in compliance with the closure and postclosure rules of the agency;
(3) to reimburse a local government unit for costs incurred over $400,000 under a work plan
approved by the commissioner of the agency to remediate methane at a closed disposal facility
owned by the local government unit; or
(4) reasonable and necessary response costs at an unpermitted facility for mixed municipal
solid waste disposal in the metropolitan area that was permitted by the agency for disposal of
sludge ash from a wastewater treatment facility.
    Subd. 4.[Repealed, 2003 c 128 art 2 s 56]
    Subd. 5. Duty to provide information. The operator or owner of a mixed municipal solid
waste disposal facility or a solid waste disposal facility shall provide the necessary information to
the agency required by sections 473.842 to 473.847 or by agency rules.
    Subd. 6. Access to information and property. The agency or any member, employee, or
agent thereof authorized by the agency, upon presentation of credentials, may:
(1) examine and copy any books, papers, records, memoranda, or data of any person who has
a duty to provide information to the agency under sections 473.842 to 473.847; and
(2) enter upon any property, public or private, for the purpose of taking any action authorized
by this section including obtaining information from any person who has a duty to provide the
information, conducting surveys or investigations, and taking response action.
    Subd. 7. Recovery of expenses. When the agency incurs expenses for response actions at a
facility, the agency is subrogated to any right of action which the operator or owner of the facility
may have against any other person for the recovery of the expenses. The attorney general may
bring an action to recover amounts spent by the agency under this section from persons who may
be liable for them. Amounts recovered, including money paid under any agreement, stipulation,
or settlement must be deposited in the metropolitan landfill contingency action account in the
remediation fund created under section 116.155.
    Subd. 8. Civil penalties. The civil penalties of sections 115.071 and 116.072 apply to any
person in violation of this section.
History: 1984 c 644 s 75; 1985 c 198 s 1; 1988 c 685 s 34; 1989 c 209 art 1 s 38; 1989 c
325 s 64,65; 1989 c 335 art 4 s 96; 1990 c 604 art 10 s 20; 1991 c 182 s 1; 1991 c 199 art 1
s 77; 1991 c 337 s 79,80; 1991 c 347 art 1 s 18; 1992 c 464 art 1 s 52; 1994 c 585 s 47; 1995
c 220 s 124; 1995 c 247 art 2 s 50; 1996 c 470 s 27; 1Sp2001 c 2 s 147; 2003 c 128 art 2 s
48-51; 2005 c 10 art 1 s 72

473.846 REPORT TO LEGISLATURE.
The agency shall submit to the senate Finance Committee, the house Ways and Means
Committee, and the Environment and Natural Resources Committees of the senate and house
of representatives, the Finance Division of the senate Committee on Environment and Natural
Resources, and the house of representatives Committee on Environment and Natural Resources
Finance separate reports describing the activities for which money for landfill abatement has been
spent under sections 473.844 and 473.845. The agency shall report by November 1 of each year
on expenditures during its previous fiscal year. The commissioner shall report on expenditures
during the previous calendar year and must incorporate its report in the report required by section
115A.411, due July 1 of each odd-numbered year. The commissioner shall make recommendations
to the Environment and Natural Resources Committees of the senate and house of representatives,
the Finance Division of the senate Committee on Environment and Natural Resources, and the
house of representatives Committee on Environment and Natural Resources Finance on the future
management and use of the metropolitan landfill abatement account.
History: 1984 c 644 s 76; 1987 c 348 s 47; 1993 c 4 s 33; 1993 c 249 s 42; 1994 c 585 s 48;
1995 c 247 art 1 s 57; 1996 c 470 s 27; 2003 c 128 art 2 s 52; 1Sp2005 c 1 art 2 s 161

473.847 OPERATOR OR OWNER LIABILITY FOR RESPONSE EXPENSES.
The operator or owner of a mixed municipal solid waste disposal facility in the metropolitan
area is not liable under any other law for response costs incurred by the agency at that facility
under section 473.845, if the facility has been closed for 20 years in compliance with the closure
and postclosure rules of the agency. Any provision of this section which relieves the operator
or owner of a facility from liability for the payment of the agency's response costs must not be
construed to affect the liability of any other person who may be liable for those costs.
History: 1984 c 644 s 77

473.848 RESTRICTION ON DISPOSAL.
    Subdivision 1. Restriction. (a) For the purposes of implementing the waste management
policies in section 115A.02 and metropolitan area goals related to landfill abatement established
under this chapter, a person may not dispose of unprocessed mixed municipal solid waste
generated in the metropolitan area at a waste disposal facility unless the waste disposal facility
meets the standards in section 473.849 and:
(1) the waste has been certified as unprocessible by a county under subdivision 2; or
(2)(i) the waste has been transferred to the disposal facility from a resource recovery facility;
(ii) no other resource recovery facility serving the metropolitan area is capable of processing
the waste; and
(iii) the waste has been certified as unprocessible by the operator of the resource recovery
facility under subdivision 3.
(b) For purposes of this section, mixed municipal solid waste does not include street
sweepings, construction debris, mining waste, foundry sand, and other materials, if they are not
capable of being processed by resource recovery as determined by the council.
    Subd. 2. County certification; office approval. (a) By April 1 of each year, each county
shall submit an annual certification report to the office detailing:
(1) the quantity of waste generated in the county that was not processed prior to transfer to a
disposal facility during the year preceding the report;
(2) the reasons the waste was not processed;
(3) a strategy for development of techniques to ensure processing of waste including a
specific timeline for implementation of those techniques; and
(4) any progress made by the county in reducing the amount of unprocessed waste.
The report shall be included in the county report required by section 473.803, subdivision 3.
(b) The Pollution Control Agency shall approve a county's certification report if it determines
that the county is reducing and will continue to reduce the amount of unprocessed waste, based
on the report and the county's progress in development and implementation of techniques to
reduce the amount of unprocessed waste transferred to disposal facilities. If the Pollution Control
Agency does not approve a county's report, it shall negotiate with the county to develop and
implement specific techniques to reduce unprocessed waste. If the Pollution Control Agency
does not approve two or more consecutive reports from any one county, the Pollution Control
Agency shall develop specific reduction techniques that are designed for the particular needs of
the county. The county shall implement those techniques by specific dates to be determined
by the Pollution Control Agency.
    Subd. 3. Facility certification. The operator of each resource recovery facility that receives
waste from counties in the metropolitan area shall certify as unprocessible each load of mixed
municipal solid waste it does not process. Certification must be made to each county that sends its
waste to the facility at intervals specified by the county. Certification must include at least the
number and size of loads certified as unprocessible and the reasons the waste is unprocessible.
Loads certified as unprocessible must include the loads that would otherwise have been processed
but were not processed because the facility was not in operation, but nothing in this section
relieves the operator of its contractual obligations to process mixed municipal solid waste.
    Subd. 4. Pollution Control Agency report. The Pollution Control Agency shall include,
as part of its report to the Environment and Natural Resources Committees of the senate and
house of representatives, the Finance Division of the senate Committee on Environment and
Natural Resources, and the house of representatives Committee on Environment and Natural
Resources Finance required under section 473.149, an accounting of the quantity of unprocessed
waste transferred to disposal facilities, the reasons the waste was not processed, a strategy for
reducing the amount of unprocessed waste, and progress made by counties to reduce the amount
of unprocessed waste. The Pollution Control Agency may adopt standards for determining when
waste is unprocessible and procedures for expediting certification and reporting of unprocessed
waste.
    Subd. 5. Definition. For the purpose of this section, waste is "unprocessed" if it has not,
after collection and before disposal, undergone separation of materials for resource recovery
through recycling, incineration for energy production, production and use of refuse-derived fuel,
composting, or any combination of these processes so that the weight of the waste remaining that
must be disposed of in a mixed municipal solid waste disposal facility is not more than 35 percent
of the weight before processing, on an annual average.
History: 1985 c 274 s 35; 1989 c 325 s 66; 1991 c 337 s 81,82; 1993 c 249 s 43,44; 1994 c
585 s 49,50; 1995 c 247 art 2 s 51,52; 1996 c 470 s 27; 1Sp2005 c 1 art 2 s 161

473.849 PROHIBITION; SOLID WASTE DISPOSAL.
No person may place, or transport for placement, solid waste that is generated in the
metropolitan area in a portion of a disposal facility that does not comply with the minimum
requirements for design, construction, and operation of a new disposal facility for the type of solid
waste being disposed. Each metropolitan county shall, and each county in which is located a
disposal facility may, enforce this prohibition and may impose penalties and recover attorney
fees and court costs to the same extent as for enforcement of a designation ordinance under
section 115A.86, subdivision 6. The commissioner of the pollution control agency may enforce
this section under section 115.071 or 116.072.
History: 1991 c 337 s 83; 1992 c 593 art 1 s 42

LAND USE PLANNING

473.851 LEGISLATIVE FINDINGS AND PURPOSE.
    The legislature finds and declares that the local governmental units within the metropolitan
area are interdependent, that the growth and patterns of urbanization within the area create the
need for additional state, metropolitan and local public services and facilities and increase
the danger of air and water pollution and water shortages, and that developments in one local
governmental unit may affect the provision of regional capital improvements for sewers,
transportation, airports, water supply, and regional recreation open space. Since problems of
urbanization and development transcend local governmental boundaries, there is a need for
the adoption of coordinated plans, programs and controls by all local governmental units in
order to protect the health, safety and welfare of the residents of the metropolitan area and to
ensure coordinated, orderly, and economic development. Therefore, it is the purpose of sections
462.355, 473.175, and 473.851 to 473.871 to (1) establish requirements and procedures to
accomplish comprehensive local planning with land use controls consistent with planned, orderly
and staged development and the metropolitan system plans, and (2) to provide assistance to local
governmental units within the metropolitan area for the preparation of plans and official controls
appropriate for their areas and consistent with metropolitan system plans.
History: 1976 c 127 s 1; 1977 c 347 s 68; 1993 c 186 s 11; 2006 c 194 s 2; 2007 c 113 s 3

473.852 DEFINITIONS.
    Subdivision 1. Terms. As used in sections 462.355, 473.175, and 473.851 to 473.871, the
following terms shall have the meanings given them.
    Subd. 2. Advisory Metropolitan Land Use Committee or advisory committee. "Advisory
Metropolitan Land Use Committee" or "advisory committee" means an advisory committee
established by the Metropolitan Council pursuant to section 473.853.
    Subd. 3. Applicable planning statute. "Applicable planning statute" means sections 394.21
to 394.37 for counties and sections 462.351 to 462.364 for cities and towns.
    Subd. 4. Capital improvement program. "Capital improvement program" means an
itemized program for a five year prospective period, and any amendments thereto, subject to at
least biennial review, setting forth the schedule, timing, and details of specific contemplated capital
improvements by year, together with their estimated cost, the need for each improvement, financial
sources, and the financial impact that the improvements will have on the local governmental unit.
    Subd. 5. Comprehensive plan. "Comprehensive plan" means the comprehensive plan of
each local governmental unit described in sections 473.858 to 473.862, and any amendments
to the plan.
    Subd. 6. Fiscal devices. "Fiscal devices" means the valuation of property pursuant to section
273.111, the designation of urban and rural service districts, pursuant to section 272.67, and
the establishment of development districts pursuant to sections 469.124 to 469.134, and any
other statutes authorizing the creation of districts in which the use of tax increment bonding is
authorized.
    Subd. 7. Local governmental unit or unit. "Local governmental unit" or "unit" means all
cities, counties and towns lying in whole or in part within the metropolitan area, but does not
include school districts.
    Subd. 8. Metropolitan system plans. "Metropolitan system plans" means the transportation
portion of the Metropolitan Development Guide, and the policy plans, and capital budgets for
metropolitan wastewater service, transportation, and regional recreation open space.
    Subd. 9. Official controls or controls. "Official controls" or "controls" means ordinances
and rules which control the physical development of a city, county or town or any part thereof
or any detail thereof and implement the general objectives of the comprehensive plan. Official
controls may include ordinances establishing zoning, subdivision controls, site plan regulations,
sanitary codes, building codes and official maps.
    Subd. 10. Private sewer facility. "Private sewer facility" means a single lot, multiple lot or
other sewage collection or treatment facility owned, constructed or operated by any person other
than a local governmental unit or the council.
    Subd. 11. School district. "School district" has the meaning given it by section 120A.05,
subdivisions 10 and 14 , and includes any independent or special school district whose
administrative offices are located within the metropolitan area as of April 3, 1976.
History: 1976 c 127 s 2; 1977 c 347 s 68; 1985 c 248 s 70; 1986 c 460 s 56; 1987 c 291 s 233;
1994 c 628 art 3 s 205,206; 1998 c 397 art 11 s 3; 2005 c 123 s 7; 2006 c 194 s 3; 2007 c 113 s 4

473.853 ADVISORY COMMITTEE.
The council shall establish an advisory metropolitan land use committee pursuant to section
473.127, comprised of 16 members, one from each council district, and as many additional
members as are necessary to provide representation from each metropolitan county, plus a chair.
At least one-half of the members of the advisory committee shall be elected officials of local
governmental units. The members shall be appointed for the same period as the term of the
council member for the district in which the member resides.
History: 1976 c 127 s 3; 1977 c 347 s 68; 1986 c 444

473.854 GUIDELINES.
    The council shall prepare and adopt guidelines and procedures relating to the requirements
and provisions of sections 462.355, 473.175, and 473.851 to 473.871 which will provide
assistance to local governmental units in accomplishing the provisions of sections 462.355,
473.175, and 473.851 to 473.871.
History: 1976 c 127 s 4; 1977 c 347 s 68; 2006 c 194 s 4; 2007 c 113 s 5

473.855 [Repealed, 1996 c 310 s 1]

473.856 METROPOLITAN SYSTEM STATEMENTS; AMENDMENTS.
     The council shall prepare and transmit to each affected local governmental unit a
metropolitan system statement when the council updates or revises its comprehensive
development guide for the metropolitan area in conjunction with the decennial review required
under section 473.864, subdivision 2, and when the council amends or modifies a metropolitan
system plan. The statement shall contain information relating to the unit and appropriate
surrounding territory that the council determines necessary for the unit to consider in reviewing
the unit's comprehensive plan. The statement may include:
    (1) the timing, character, function, location, projected capacity, and conditions on use for
existing or planned metropolitan public facilities, as specified in metropolitan system plans, and
for state and federal public facilities to the extent known to the council; and
    (2) the population, employment, and household projections which have been used by the
council as a basis for its metropolitan system plans.
    Within nine months after receiving a system statement for an amendment to a metropolitan
system plan, and within three years after receiving a system statement issued in conjunction
with the decennial review required under section 473.864, subdivision 2, each affected local
governmental unit shall review its comprehensive plan to determine if an amendment is necessary
to ensure continued conformity with metropolitan system plans. If an amendment is necessary, the
governmental unit shall prepare the amendment and submit it to the council for review pursuant to
sections 462.355, 473.175, and 473.851 to 473.871.
History: 1976 c 127 s 6; 1977 c 347 s 68; 2006 c 194 s 5; 2007 c 113 s 6

473.857 SYSTEM STATEMENTS; RECONCILIATION PROCEDURES.
    Subdivision 1. Request for hearing. If a local governmental unit and the council are
unable to resolve disagreements over the content of a system statement, the unit may by
resolution request that a hearing be conducted by the advisory committee or by the state Office of
Administrative Hearings for the purpose of considering amendments to the system statement.
The request shall be made by the unit within 60 days after receipt of the system statement and
shall be accompanied by a description of the disagreement together with specified proposed
amendments to the system statement. If no request for a hearing is received by the council within
60 days, the statement shall be final.
    Subd. 2. Within 60 days; report. A hearing shall be conducted within 60 days after the
request, provided that the advisory committee or the administrative law judge shall consolidate
hearings on related requests. The 60-day period within which the hearing shall be conducted
may be extended or suspended by mutual agreement of the council and the local governmental
unit. The hearing shall not consider the need for or reasonableness of the metropolitan system
plans or parts thereof. The hearing shall afford all interested persons an opportunity to testify
and present evidence. The advisory committee or administrative law judge may employ the
appropriate technical and professional services of the office of dispute resolution for the purpose
of evaluating disputes of fact. The proceedings shall not be deemed a contested case. Within
30 days after the hearing, the advisory committee or the administrative law judge shall report
to the council respecting the proposed amendments to the system statements. The report shall
contain findings of fact, conclusions, and recommendations and shall apportion the costs of
the proceedings among the parties.
    Subd. 3. Final determination. Within 30 days of receipt of the report, the council, by
resolution containing findings of fact and conclusions, shall make a final determination respecting
the proposed amendments. At any point in the reconciliation procedure established by this section,
the council and a local governmental unit may resolve their disagreement by stipulation.
History: 1976 c 127 s 7; 1977 c 347 s 68; 1980 c 615 s 60; 1981 c 356 s 241; 1983 c 289
s 115 subd 1; 1984 c 640 s 32; 1987 c 312 art 1 s 26 subd 2; 1993 c 163 art 1 s 32; 2006 c
194 s 6,7; 2007 c 113 s 7

473.858 COMPREHENSIVE PLANS; LOCAL GOVERNMENTAL UNITS.
    Subdivision 1. No conflicting zoning, fiscal device, official control. Within nine months
following the receipt of a metropolitan system statement for an amendment to a metropolitan
system plan and within three years following the receipt of a metropolitan system statement
issued in conjunction with the decennial review required under section 473.864, subdivision 2,
every local governmental unit shall have reviewed and, if necessary, amended its comprehensive
plan in accordance with sections 462.355, 473.175, and 473.851 to 473.871 and the applicable
planning statute and shall have submitted the plan to the Metropolitan Council for review pursuant
to section 473.175. The provisions of sections 462.355, 473.175, and 473.851 to 473.871 shall
supersede the provisions of the applicable planning statute wherever a conflict may exist. If the
comprehensive municipal plan is in conflict with the zoning ordinance, the zoning ordinance shall
be brought into conformance with the plan by local government units in conjunction with the
review and, if necessary, amendment of its comprehensive plan required under section 473.864,
subdivision 2 . After August 1, 1995, a local government unit shall not adopt any fiscal device
or official control which is in conflict with its comprehensive plan, including any amendments
to the plan, or which permits activity in conflict with metropolitan system plans, as defined
by section 473.852, subdivision 8. The comprehensive plan shall provide guidelines for the
timing and sequence of the adoption of official controls to ensure planned, orderly, and staged
development and redevelopment consistent with the comprehensive plan. For purposes of this
section, a fiscal device or official control shall not be considered to be in conflict with a local
government unit's comprehensive plan or to permit an activity in conflict with metropolitan
system plans if such fiscal device or official control is adopted to ensure the planned, orderly, and
staged development of urbanization or redevelopment areas designated in the comprehensive plan
pursuant to section 473.859, subdivision 5.
    Subd. 2. Adjacent review, comment. Local governmental units shall submit their proposed
plans to adjacent governmental units, affected special districts lying in whole or in part within the
metropolitan area, and affected school districts for review and comment at least six months prior
to submission of the plan to the council and shall submit copies to them on the submission of the
plan to the council. For minor plan amendments, the council may prescribe a shorter review and
comment period, or may waive the review and comment period if the minor plan amendments
involve lands that are not contiguous to other local governmental units.
    Subd. 3. When to council. The plans shall be submitted to the council following
recommendation by the planning agency of the unit and after consideration but before final
approval by the governing body of the unit.
    Subd. 4. Status of old, new programs, plans, controls. Comprehensive plans, capital
improvement programs, sewer policy plans and official controls of local governmental units
adopted prior to the requirements of sections 462.355, 473.175, and 473.851 to 473.871 shall
remain in force and effect until amended, repealed or superseded by plans or controls adopted
pursuant to sections 462.355, 473.175, and 473.851 to 473.871. Existing comprehensive plans,
capital improvement programs, sewer policy plans, and official controls may be amended and
new capital improvement programs and official controls may be prepared and adopted prior to the
submission to the council of comprehensive plans required by sections 462.355, 473.175, and
473.851 to 473.871.
History: 1976 c 127 s 8; 1977 c 347 s 68; 1985 c 62 s 4; 1995 c 176 s 5; 2007 c 113 s 8

473.859 COMPREHENSIVE PLAN CONTENT.
    Subdivision 1. Contents. The comprehensive plan shall contain objectives, policies,
standards and programs to guide public and private land use, development, redevelopment and
preservation for all lands and waters within the jurisdiction of the local governmental unit through
1990 and may extend through any year thereafter which is evenly divisible by five. Each plan
shall specify expected industrial and commercial development, planned population distribution,
and local public facility capacities upon which the plan is based. Each plan shall contain a
discussion of the use of the public facilities specified in the metropolitan system statement and
the effect of the plan on adjacent local governmental units and affected school districts. Existing
plans and official controls may be used in whole or in part following modification, as necessary,
to satisfy the requirements of sections 462.355, 473.175, and 473.851 to 473.871. Each plan
may contain an intergovernmental coordination element that describes how its planned land
uses and urban services affect other communities, adjacent local government units, the region,
and the state, and that includes guidelines for joint planning and decision making with other
communities, school districts, and other jurisdictions for siting public schools, building public
facilities, and sharing public services.
    Each plan may contain an economic development element that identifies types of mixed
use development, expansion facilities for businesses, and methods for developing a balanced
and stable economic base.
    The comprehensive plan may contain any additional matter which may be included in a
comprehensive plan of the local governmental unit pursuant to the applicable planning statute.
    Subd. 2. Land use plan. (a) A land use plan shall include the water management plan
required by section 103B.235, and shall designate the existing and proposed location, intensity
and extent of use of land and water, including lakes, wetlands, rivers, streams, natural drainage
courses, and adjoining land areas that affect water natural resources, for agricultural, residential,
commercial, industrial and other public and private purposes, or any combination of such
purposes.
(b) A land use plan shall contain a protection element, as appropriate, for historic sites, the
matters listed in the water management plan required by section 103B.235, and an element for
protection and development of access to direct sunlight for solar energy systems.
(c) A land use plan shall also include a housing element containing standards, plans and
programs for providing adequate housing opportunities to meet existing and projected local and
regional housing needs, including but not limited to the use of official controls and land use
planning to promote the availability of land for the development of low and moderate income
housing.
(d) A land use plan shall also include the local government's goals, intentions, and
priorities concerning aggregate and other natural resources, transportation infrastructure, land
use compatibility, habitat, agricultural preservation, and other planning priorities, considering
information regarding supply from the Minnesota Geological Survey Information Circular No. 46.
    Subd. 2a. Application of subdivision 2, paragraph (d). Subdivision 2, paragraph (d),
applies only to land use plans adopted or amended by the governing body in relation to aggregate
or when the governing body is presented with a written application for adoption or amendment of
a land use plan relating to aggregate, from a landowner after August 1, 2001, in the counties of
Anoka, Carver, Dakota, Hennepin, Ramsey, Scott, and Washington.
    Subd. 3. Public facilities plan. A public facilities plan shall describe the character, location,
timing, sequence, function, use and capacity of existing and future public facilities of the local
governmental unit. A public facilities plan must be in at least such detail as may be necessary
to establish existing or potential effects on or departures from metropolitan system plans and to
protect metropolitan system plans. A public facilities plan shall contain at least the following parts:
    (1) a transportation plan describing, designating and scheduling the location, extent, function
and capacity of existing and proposed local public and private transportation services and
facilities;
    (2) a sewer policy plan describing, designating and scheduling the areas to be sewered by
the public system, the existing and planned capacities of the public system, the standards and
conditions under which the installation of private sewer systems will be permitted, and to the
extent practicable, the areas not suitable for public or private systems because of public health,
safety and welfare considerations;
    (3) a parks and open space plan describing, designating and scheduling the existing and
proposed parks and recreation open spaces within the jurisdiction; and
    (4) a water supply plan as described in section 103G.291, subdivision 3.
    Subd. 4. Implementation program. An implementation program shall describe public
programs, fiscal devices and other specific actions to be undertaken in stated sequence to
implement the comprehensive plan and ensure conformity with metropolitan system plans. An
implementation program must be in at least such detail as may be necessary to establish existing
or potential effects on or departures from metropolitan system plans and to protect metropolitan
system plans. An implementation program shall contain at least the following parts:
(1) a description of official controls, addressing at least the matters of zoning, subdivision,
water supply, and private sewer systems, and a schedule for the preparation, adoption, and
administration of such controls;
(2) a capital improvement program for transportation, sewers, parks, water supply, and
open space facilities; and
(3) a housing implementation program, including official controls to implement the housing
element of the land use plan, which will provide sufficient existing and new housing to meet the
local unit's share of the metropolitan area need for low and moderate income housing.
    Subd. 5. Urbanization and redevelopment areas. The comprehensive plans may designate,
when appropriate, five year urbanization areas and shall specify in the capital improvement
program the timing and sequence of major local public facilities and in the implementation
program official controls which will ensure that urbanization occurs only in urbanization areas
and in accordance with the plan.
The comprehensive plans may designate, when appropriate, redevelopment areas and may,
as appropriate, specify in the capital improvement program the timing and sequence of local
public facilities and in the implementation program the fiscal devices or official controls that will
ensure that redevelopment occurs in accordance with the plan.
    Subd. 6. Plan review. The council shall, by January 1, 1994, prepare guidelines for the
preparation of the water supply plans required in subdivision 3, clause (4). The plans must be
submitted to the council by January 1, 1996. The council shall review the plans under section
473.175, subdivision 1, after submitting them to affected counties that have adopted groundwater
plans under section 103B.255 for their review and comment.
History: 1976 c 127 s 9; 1977 c 347 s 68; 1978 c 786 s 20; 1993 c 186 s 12-14; 1995 c 176 s
6-8; 1997 c 7 art 1 s 157; 1Sp2001 c 8 art 2 s 73,74; 2007 c 113 s 9; 2007 c 131 art 1 s 80

473.86 CITIES.
Except as provided in the metropolitan system statement, comprehensive plans of cities shall
include the matters specified in section 473.859.
History: 1976 c 127 s 10; 1977 c 347 s 68

473.861 TOWNS.
    Subdivision 1. As in section 473.859. Except as provided in the metropolitan system
statement, comprehensive plans of towns shall include the matters specified in section 473.859.
    Subd. 2. By 1976. By December 31, 1976, each town within the counties of Anoka, Carver,
Dakota, Scott and Washington, authorized to plan under sections 462.351 to 462.364, or under
special law, shall by resolution determine whether it will prepare the comprehensive plan for its
jurisdiction. Each such town also shall specify, pursuant to agreement with the county within
which it is situated, any parts of its plan and official controls, if any, the preparation of which
it delegates to the county.
    Subd. 3. Use county. Towns within counties which have adopted comprehensive
plans applicable to the town shall, to the maximum extent, use county preparation of their
comprehensive plans.
History: 1976 c 127 s 11; 1977 c 347 s 68

473.862 METRO COUNTIES OTHER THAN HENNEPIN, RAMSEY.
    Subdivision 1. Contents of plan. Comprehensive plans of counties shall contain at least
the following:
(a) Except for the counties of Hennepin and Ramsey, a land use plan as specified in section
473.859, subdivision 2, for all unincorporated territory within the county;
(b) A public facilities plan which shall include all appropriate matters specified in section
473.859, subdivision 3, including a transportation plan, and a description of existing and projected
solid waste disposal sites and facilities;
(c) An implementation program, as specified in section 473.859, subdivision 4.
    Subd. 2. Towns with no plan by 1976. Each county other than Hennepin and Ramsey shall
prepare, with the participation and assistance of the town, the comprehensive plan for any town
within the county which fails by December 31, 1976, to take action by resolution pursuant to
section 473.861, subdivision 2 and shall prepare all or part of any plan delegated to it pursuant
to section 473.861, subdivision 2.
    Subd. 3. Towns that cannot plan. Each county other than Hennepin and Ramsey shall
prepare, with the participation and assistance of the town, the comprehensive plan for each town
within the county not authorized to plan under sections 462.351 to 462.364, or under special law.
History: 1976 c 127 s 12; 1977 c 347 s 68

473.863 [Repealed, 1Sp2003 c 16 s 11]

473.864 PLANS; ADOPTION; AMENDMENT.
    Subdivision 1. When adopted. Each local governmental unit shall adopt its comprehensive
plan with required modifications within nine months following a final decision, order, or judgment
made pursuant to section 473.866.
    Subd. 2. Decennial review. By December 31, 1998, and at least once every ten years
thereafter, each local governmental unit shall review and, if necessary, amend its entire
comprehensive plan and its fiscal devices and official controls. Such review and, if necessary,
amendment shall ensure that, as provided in section 473.865, the fiscal devices and official
controls of each local government unit are not in conflict with its comprehensive plan. Upon
completion of review and, if necessary, amendment of its comprehensive plan, fiscal devices, and
official controls as required by this section, each local government unit shall either:
(a) submit to the Metropolitan Council the entire current comprehensive plan together with
written certification by the governing body of the local government unit that it has complied
with this section and that no amendments to its plan or fiscal devices or official controls are
necessary; or
(b)(1) submit the entire updated comprehensive plan and amendment or amendments to its
comprehensive plan necessitated by its review to the Metropolitan Council for review; and
(2) submit the amendment or amendments to its fiscal devices or official controls necessitated
by its review to the Metropolitan Council for information purposes as provided by section 473.865.
Except as otherwise provided in this paragraph, local governments shall consider, in
preparing their updated comprehensive plans, amendments to metropolitan system plans in effect
on December 31, 1996. For metropolitan system plans, or amendments thereto, adopted after
December 31, 1996, local governments shall review their comprehensive plans to determine if
an amendment is necessary to conform to the metropolitan system plans. If an amendment is
necessary, the local government shall prepare the amendment and submit it to the council for
review by September 30, 1999, or nine months after the council transmits the metropolitan system
plan amendment to the local government, whichever is later.
The periodic review required in this subdivision shall be in addition to the review required
by section 473.856.
The Metropolitan Council may grant extensions to local government units in order to allow
local government units to complete the review and, if necessary, amendment required by this
subdivision. Such extensions, if granted by the Metropolitan Council, must include a timetable
and plan for completion of the review and amendment.
Amendments to comprehensive plans of local governmental units shall be prepared,
submitted, and adopted in conformance with guidelines adopted by the Metropolitan Council
pursuant to section 473.854.
History: 1976 c 127 s 15; 1977 c 347 s 68; 1981 c 242 s 1; 1995 c 176 s 9; 2006 c 194 s 8

473.865 ADOPTION; CONFLICTS, AMENDMENT OF CONTROLS, DEVICES.
    Subdivision 1. Control copies to council. Each local governmental unit shall adopt official
controls as described in its adopted comprehensive plan and shall submit copies of the official
controls to the council within 30 days following adoption thereof, for information purposes only.
    Subd. 2. No conflict with plans. A local governmental unit shall not adopt any official
control or fiscal device which is in conflict with its comprehensive plan or which permits activity
in conflict with metropolitan system plans.
    Subd. 3. Amendments. If an official control conflicts with a comprehensive plan as the result
of an amendment to the plan, the official control shall be amended by the unit within nine months
following the amendment to the plan so as to not conflict with the amended comprehensive plan.
History: 1976 c 127 s 16; 1977 c 347 s 68

473.866 CONTESTED CASES; ADMINISTRATIVE AND JUDICIAL REVIEW.
    The council's decision to require modification under section 473.175 may be contested by the
affected local governmental unit. The unit shall have 60 days within which to request a hearing
on the council's decision to require modification. If within 60 days the unit has not requested a
hearing, the council shall make its final decision with respect to the required modifications. If an
affected unit requests a hearing, the request for hearing shall be granted, and the hearing shall be
conducted within 60 days by the state Office of Administrative Hearings in the manner provided
by chapter 14 for contested cases. The 60-day period within which the hearing shall be conducted
may be extended by mutual agreement of the council and the affected local governmental unit.
The subject of the hearing shall not extend to questions concerning the need for or reasonableness
of the metropolitan system plans or any part thereof. In the report of the administrative law judge
the costs of the hearing shall be apportioned among the parties to the proceeding. Within 30 days
after the receipt of the report the council shall, by resolution containing findings of fact and
conclusions, make a final decision with respect to the required modifications of the comprehensive
plan. Any party to the proceeding aggrieved by the decision of the council may appeal to the court
in the manner provided in chapter 14 for contested cases. The record on appeal shall consist of:
(1) the administrative law judge's record and report, and (2) the findings, conclusions and final
decision of the council. The scope of review shall be that of section 14.69, provided that: (1) the
court shall not give preference to either the administrative law judge's record and report or the
findings, conclusions and final decision of the council, and (2) the decision of the court shall be
based upon a preponderance of the evidence as contained in the record on appeal. The costs of
the appeal shall be apportioned by the court.
History: 1976 c 127 s 17; 1977 c 347 s 68; 1980 c 615 s 60; 1982 c 424 s 130; 1984 c
640 s 32; 2007 c 113 s 10

473.867 PLANNING ASSISTANCE; GRANTS; LOANS.
    Subdivision 1. Advisory materials, models, assistance. The council shall prepare and
provide advisory materials, model plan provisions and official controls, and on the request of a
local governmental unit may provide assistance, to accomplish the purposes of sections 462.355,
473.175, and 473.851 to 473.871. The council may also provide specific technical and legal
assistance in connection with the preparation, adoption and defense of plans, programs, and
controls.
    Subd. 2. Planning assistance fund. The council may establish a planning assistance fund as
a separate bookkeeping account in its general fund for the purpose of making grants and loans
to local governmental units under this section. The council shall adopt uniform procedures for
the award, disbursement and repayment of grants and loans.
    Subd. 3. Loans, grants. Local governmental units may apply, contract for and receive loans
and grants as provided herein, and the provisions of chapter 475 shall not apply to loans made
pursuant hereto. Applications for grants and loans shall be submitted to the council describing
the activities for which the grant or loan funds will be used; the persons which the grantee or
borrower plans to use in performing the grant contract; services and activities which will be
paid for by funds of the grantee or borrower; the grantee or borrower's need and ability to pay
for the contract services; and other information as the council may reasonably request. Grants
and loans shall be made subject to contracts between the council and the recipient specifying the
use and disbursement of the funds and, for loans, the terms and conditions of repayment, and
other appropriate matters. In making grants and loans, the council shall base its decisions on the
recipient's demonstrated need and available financial resources.
    Subd. 4.[Repealed, 2000 c 493 s 25]
    Subd. 5. Loan terms. Loans made by the council shall be payable on such terms and
conditions as the council determines appropriate, provided that no loan shall carry an interest rate
nor be for a term in excess of five years. Funds received in payment of loans shall be credited to
the planning assistance fund and shall be used for additional loans or grants under this section.
    Subd. 6. Assistance for plan updates. The council shall give priority for the use of loan and
grant funds available under this section to local governmental units for review and amendment of
local comprehensive plans and fiscal devices and official controls, as required by section 473.864,
subdivision 2 . The council shall consult with affected local government units to evaluate the
need for technical and financial assistance.
History: 1976 c 127 s 18; 1977 c 347 s 68; 1995 c 176 s 10; 2007 c 113 s 11,12

473.868 [Repealed, 2007 c 113 s 20]

473.869 EXTENSION.
    A local governmental unit may by resolution request that the council extend the time for
fulfilling the requirements of sections 462.355, subdivision 1a, 473.175, and 473.851 to 473.871.
A request for extension shall be accompanied by a description of the activities previously
undertaken by a local governmental unit in fulfillment of the requirements of sections 462.355,
473.175, and 473.851 to 473.871, and an explanation of the reasons necessitating and justifying
the request. Upon a finding of exceptional circumstances or undue hardship, the council may, in
its discretion, grant by resolution a request for extension and may attach reasonable requirements
or conditions to the extension.
History: 1976 c 127 s 20; 1977 c 347 s 68; 2007 c 113 s 13

473.87 LEVY FOR INCREASED COSTS.
The increased costs to a municipality of implementing sections 473.175; 473.858,
subdivisions 1 to 3 ; 473.859 to 473.862; and 473.866 shall be deemed a levy and the proceeds of
any tax levied under this section shall be deposited in the municipal treasury in a separate fund
and expended only for the purposes authorized by this section.
History: 1976 c 127 s 22; 1977 c 347 s 68; 1Sp1989 c 1 art 5 s 40

473.871 NEW MUNICIPAL SEWER SYSTEMS.
    Notwithstanding the provisions of sections 462.355, 473.175, and 473.851 to 473.871 the
council shall have no authority under this chapter to require a local governmental unit to construct
a new sewer system.
History: 1976 c 127 s 23; 1977 c 347 s 68; 2007 c 113 s 14

473.872 [Repealed, 1994 c 465 art 1 s 56]

473.875 [Repealed, 1990 c 391 art 10 s 4; renumbered 103B.201]

473.876 [Repealed, 1990 c 391 art 10 s 4; renumbered 103B.205, subd 10a]

473.877 [Repealed, 1990 c 391 art 10 s 4; renumbered 103B.211, subdivision 1]

473.8771 [Repealed, 1990 c 391 art 10 s 4]

473.8775 [Renumbered 103B.227]

473.878 [Repealed, 1990 c 391 art 10 s 4; renumbered 103B.231, subds 1-6,8,10,12-14]

473.8785 [Repealed, 1990 c 391 art 10 s 4]

473.879 [Repealed, 1990 c 391 art 10 s 4; renumbered 103B.235, subd 2]

473.88 [Renumbered 103B.239]

473.881 [Repealed, 1990 c 391 art 10 s 4; renumbered 103B.241]

473.882 [Repealed, 1990 c 391 art 10 s 4; renumbered 103B.245, subdivision 1]

473.883 [Repealed, 1990 c 391 art 10 s 4; renumbered 103B.251, subds 5,8,9]

473.891 [Renumbered 403.21]

473.893 [Renumbered 403.22]

473.894 [Renumbered 403.23]

473.895 [Renumbered 403.24]

473.896 [Renumbered 403.25]

473.897 [Renumbered 403.26]

473.898 [Renumbered 403.27]

473.899 [Renumbered 403.28]

473.900 [Renumbered 403.29]

473.901 [Renumbered 403.30]

473.902 [Renumbered 403.31]

473.903 [Renumbered 403.32]

473.904 [Renumbered 403.33]

473.905 [Renumbered 403.34]

473.906 [Renumbered 403.35]

473.907 [Renumbered 403.36]

MIDTOWN BOARD

473.910 MIDTOWN PLANNING AND COORDINATION BOARD.
    Subdivision 1. Established. The Midtown Planning and Coordination Board is established.
    Subd. 2. Purpose. The purpose of the board is to do planning for the Lake Street corridor
area along with and including neighborhoods one-half mile on either side of Lake Street in
Minneapolis from the western city limits to the Mississippi River, and to do planning and
coordination for economic development, transportation, and residential renewal, with the
cooperation of affected government, civic, business, and neighborhood entities.
    Subd. 3. Membership. The board shall be composed of 13 members. Three members must
be appointed by the Minneapolis City Council from among its members; three by the Hennepin
County Board, from among its members; one by the Minneapolis Park Board, from among its
members; one by the Metropolitan Council, from among its members; two members of the public
appointed by the Minneapolis City Council; two members of the public appointed by the Hennepin
County Board; and one member appointed by the member of Congress from the fifth district or
the member's designee. The public members must reside or do business in the affected area.
    Subd. 4. Officers. The chair of the board shall be elected by, and from among, the members
of the board for a one-year term. The chair shall preside at meetings of the board, if present, and
shall perform all other duties assigned by the board or by law. The board shall elect officers in
addition to the chair as it deems necessary for the conduct of its duties.
    Subd. 5. Membership terms. The terms of the members shall be three years with the terms
ending on June 30, 2001.
    Subd. 6. Compensation and membership. Compensation of members, removal of members,
and filling of membership vacancies is governed by section 15.0575, if not covered in this section.
    Subd. 7. Duration. The board continues to exist until expressly abolished by law.
History: 1998 c 372 art 2 s 7

473.912 POWERS OF BOARD.
    Subdivision 1. General powers. The board has all powers that may be necessary or
convenient to enable it to perform the duties and responsibilities imposed on it by law. The
powers include the specific powers enumerated in this section.
    Subd. 2. Gifts and appropriations. The board may accept gifts; apply for and use grants of
money or other property from the United States, the state, or any person for any board purpose,
and may enter into agreements required in connection therewith; and may hold, use, and dispose
of the money or property in accordance with the terms of the gift, grant, or agreement relating to it.
History: 1998 c 372 art 2 s 8

473.915 PROCUREMENTS.
    All proposed Metropolitan Council procurements over $125,000,000 must be reviewed by
the members of the Legislative Advisory Commission under section 3.30 and the ranking minority
members of the house of representatives and senate committees or divisions responsible for
overseeing the items subject to the proposed procurement. The chair of the Metropolitan Council
shall give notice to the Legislative Advisory Commission secretary when a procurement over
$125,000,000 is being considered. The commission shall take testimony on the procurements.
History: 2007 c 32 s 12