1.1                          A bill for an act
  1.2             relating to metropolitan government; abolishing the 
  1.3             metropolitan council except for advisory planning, the 
  1.4             metropolitan parks and open space commission, the 
  1.5             metropolitan sports facilities commission, and the 
  1.6             metropolitan radio board; transferring regional 
  1.7             transit financing and operations to the commissioner 
  1.8             of transportation; establishing the metropolitan 
  1.9             wastewater control commission; transferring ownership 
  1.10            and operation of metropolitan sports facilities to the 
  1.11            city of Minneapolis, or in the alternative to the 
  1.12            Minnesota amateur sports commission; transferring the 
  1.13            powers and duties of the metropolitan radio board to 
  1.14            the commissioner of transportation; transferring the 
  1.15            housing bond credit enhancement program and livable 
  1.16            communities program to the housing finance agency, 
  1.17            with jurisdiction over the tax base revitalization 
  1.18            account to the commissioner of trade and economic 
  1.19            development; appropriating money; amending Minnesota 
  1.20            Statutes 1996, sections 3.9741, subdivision 1; 4A.02; 
  1.21            6.76; 10A.01, subdivisions 18, 26, 27, and 29; 13.55, 
  1.22            subdivision 1; 15.0597, subdivision 1; 15.0599, 
  1.23            subdivision 1; 15.50, subdivision 2; 16B.122, 
  1.24            subdivision 1; 16B.42, subdivision 1; 47.52; 65B.43, 
  1.25            subdivision 20; 85.015, subdivision 14; 85.016; 
  1.26            103B.231, subdivisions 7, 8, and 11; 103B.235, 
  1.27            subdivisions 3 and 3a; 103B.255, subdivisions 8, 9, 
  1.28            and 12; 103D.401, subdivisions 1 and 2; 103F.715; 
  1.29            103F.721; 103F.761, subdivision 1; 103G.293; 115.54; 
  1.30            115.741, subdivision 2; 115A.471; 115A.52; 116.16, 
  1.31            subdivision 2; 116.182, subdivision 1; 116D.04, 
  1.32            subdivision 1a; 116G.03, subdivision 5; 116G.15; 
  1.33            116J.401; 116J.402; 116M.14, subdivision 4; 116M.15, 
  1.34            subdivision 1; 117.57, subdivision 3; 121.1601, 
  1.35            subdivision 1; 134.201, subdivision 5; 145A.02, 
  1.36            subdivision 16; 145A.09, subdivision 6; 160.265, 
  1.37            subdivision 1; 161.17, subdivision 2; 161.171, 
  1.38            subdivision 5; 161.173; 161.174; 162.09, subdivision 
  1.39            4; 169.781, subdivision 1; 169.791, subdivision 5; 
  1.40            169.792, subdivision 11; 174.03, subdivisions 4 and 5; 
  1.41            174.031, subdivision 3; 174.04, subdivisions 1 and 2; 
  1.42            174.32, subdivision 2; 174.50, subdivision 4; 216C.15, 
  1.43            subdivision 1; 221.022; 221.025; 221.031, subdivision 
  1.44            3a; 221.041, subdivision 4; 221.071, subdivision 1; 
  1.45            221.295; 240.06, subdivision 2; 240A.08; 270.12, 
  1.46            subdivision 3; 275.065, subdivisions 3 and 5a; 
  2.1             275.066; 275.14; 275.62, subdivision 3; 340A.404, 
  2.2             subdivision 1; 340A.504, subdivision 1; 352.01, 
  2.3             subdivisions 2a and 2b; 352.03, subdivision 1; 352.04, 
  2.4             subdivision 6; 352D.02, subdivision 1; 353.64, 
  2.5             subdivision 7a; 403.07, subdivision 1; 414.02, 
  2.6             subdivision 3; 414.031, subdivision 4; 422A.01, 
  2.7             subdivision 9; 422A.101, subdivision 2a; 462.382; 
  2.8             462A.04, subdivision 1; 462A.07, subdivision 11; 
  2.9             462C.04, subdivision 2; 462C.071, subdivisions 2 and 
  2.10            4; 465.797, subdivision 3; 465.798; 465.799; 465.801; 
  2.11            471.425, subdivision 1; 471.591, subdivision 1; 
  2.12            473.121, subdivisions 2, 5a, 6, 8, 10, 14, 24, and by 
  2.13            adding a subdivision; 473.123, subdivisions 1, 2a, 3, 
  2.14            3a, 3c, 4, and by adding subdivisions; 473.129, 
  2.15            subdivisions 1, 3, 8, and 9; 473.142; 473.1425; 
  2.16            473.143; 473.144; 473.151; 473.156, subdivision 1; 
  2.17            473.157; 473.166; 473.167, subdivisions 2 and 2a; 
  2.18            473.168, subdivision 2; 473.171; 473.191; 473.192, 
  2.19            subdivisions 2 and 3; 473.197; 473.223; 473.23; 
  2.20            473.241; 473.242; 473.243; 473.244, subdivision 1; 
  2.21            473.245; 473.25; 473.252; 473.253; 473.254; 473.301, 
  2.22            subdivisions 2 and 4; 473.313; 473.315, subdivision 1; 
  2.23            473.334, subdivision 1; 473.341; 473.351; 473.375, 
  2.24            subdivisions 9, 11, 12, 13, 14, and 15; 473.382; 
  2.25            473.384; 473.385, subdivisions 1 and 2; 473.386, 
  2.26            subdivisions 1, 2, 2a, 3, 4, 5, and 6; 473.387, 
  2.27            subdivisions 2, 3, and 4; 473.391; 473.3915, 
  2.28            subdivisions 3 and 4; 473.392; 473.399; 473.3994, 
  2.29            subdivisions 4, 5, 7, 8, 9, 10, 12, and 13; 473.3997; 
  2.30            473.405, subdivisions 1, 3, 4, 5, 9, 10, 12, and 15; 
  2.31            473.4051; 473.407, subdivisions 1, 3, 4, and 5; 
  2.32            473.408, subdivisions 1, 2, 2a, 2b, 4, 6, and 7; 
  2.33            473.409; 473.411, subdivision 5; 473.415, subdivision 
  2.34            1; 473.416; 473.42; 473.448; 473.449; 473.504, 
  2.35            subdivisions 4, 5, 6, 9, 10, 11, 12, and by adding 
  2.36            subdivisions; 473.505; 473.511; 473.512, subdivision 
  2.37            1; 473.513; 473.515; 473.5155, subdivision 1; 473.516; 
  2.38            473.517, subdivisions 1, 2, 3, 6, and 9; 473.519; 
  2.39            473.521; 473.523; 473.535; 473.541; 473.542; 473.543; 
  2.40            473.545; 473.547; 473.549; 473.551, subdivisions 4, 5, 
  2.41            8, 9, and 12; 473.556, subdivisions 4, 5, 6, 11, 12, 
  2.42            14, and 17; 473.561; 473.564, subdivision 2; 473.572, 
  2.43            subdivision 2; 473.592; 473.595; 473.601, by adding a 
  2.44            subdivision; 473.602; 473.604, subdivision 1; 473.608, 
  2.45            subdivision 19; 473.611, subdivision 5; 473.621, 
  2.46            subdivision 6; 473.638; 473.64; 473.655; 473.667, 
  2.47            subdivision 8; 473.8011; 473.834, subdivision 2; 
  2.48            473.852, subdivisions 2 and 10; 473.853; 473.891, 
  2.49            subdivisions 2 and 7; 473.894, subdivisions 1, 2, 3, 
  2.50            4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 15, 19, 20, 21, 22, 
  2.51            23, and 24; 473.897, subdivisions 1, 2, and 4; 
  2.52            473.901, subdivisions 2 and 3; 473.902, subdivisions 
  2.53            1, 2, 3, 4, and 5; 473.904, subdivisions 1, 3, and 4; 
  2.54            473.905, subdivision 2; 473F.02, subdivisions 7 and 8; 
  2.55            473F.08, subdivisions 5 and 7a; 473F.13; 473H.04, 
  2.56            subdivision 3; 473H.06, subdivisions 1 and 5; 473H.08, 
  2.57            subdivision 4; and 477A.011, subdivision 3; proposing 
  2.58            coding for new law in Minnesota Statutes, chapter 473; 
  2.59            repealing Minnesota Statutes 1996, sections 115A.03, 
  2.60            subdivision 19; 174.22, subdivision 3; 403.07, 
  2.61            subdivision 2; 465.795, subdivision 3; 473.121, 
  2.62            subdivisions 3 and 12; 473.123, subdivisions 7 and 8; 
  2.63            473.125; 473.127; 473.129, subdivisions 2, 4, 5, 6, 
  2.64            and 7; 473.13; 473.132; 473.145; 473.146; 473.147; 
  2.65            473.149, subdivision 3; 473.155; 473.1551; 473.1623; 
  2.66            473.164; 473.167, subdivisions 3, 3a, and 4; 473.173; 
  2.67            473.175; 473.181; 473.194; 473.195; 473.199; 473.201; 
  2.68            473.206; 473.208; 473.244, subdivision 6; 473.247; 
  2.69            473.249; 473.302; 473.303; 473.315, subdivision 2; 
  2.70            473.325; 473.326; 473.333; 473.388, subdivisions 1, 2, 
  2.71            3, 4, and 5; 473.39, subdivisions 1, 1a, 1b, 2, and 4; 
  3.1             473.3915, subdivisions 5 and 6; 473.411, subdivisions 
  3.2             3 and 4; 473.436, subdivisions 2, 3, and 6; 473.446; 
  3.3             473.552; 473.553; 473.556, subdivisions 1, 2, 3, 7, 8, 
  3.4             9, 10, 13, and 16; 473.564, subdivision 3; 473.565; 
  3.5             473.572, subdivision 1; 473.581; 473.595, subdivisions 
  3.6             1a and 4; 473.598; 473.599; 473.616; 473.618; 473.619; 
  3.7             473.851; 473.854; 473.856; 473.857; 473.858; 473.859; 
  3.8             473.863; 473.864; 473.865; 473.866; 473.867; 473.868; 
  3.9             473.869; 473.893; 473.894, subdivisions 14, 16, 17, 
  3.10            and 18; 473.895; 473.896; 473.897, subdivision 3; 
  3.11            473.898; 473.899; 473.900; 473.903; 473F.02, 
  3.12            subdivision 21; and 473F.08, subdivision 3b. 
  3.13  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  3.14                             ARTICLE 1 
  3.15                 MISCELLANEOUS METROPOLITAN COUNCIL
  3.16     Section 1.  Minnesota Statutes 1996, section 4A.02, is 
  3.17  amended to read: 
  3.18     4A.02 [STATE DEMOGRAPHER.] 
  3.19     The director shall appoint a state demographer.  The 
  3.20  demographer must be professionally competent in demography and 
  3.21  must possess demonstrated ability based upon past performance.  
  3.22  The demographer shall: 
  3.23     (1) continuously gather and develop demographic data 
  3.24  relevant to the state; 
  3.25     (2) design and test methods of research and data 
  3.26  collection; 
  3.27     (3) periodically prepare population projections for the 
  3.28  state and designated regions and periodically prepare 
  3.29  projections for each county or other political subdivision of 
  3.30  the state as necessary to carry out the purposes of this 
  3.31  section; 
  3.32     (4) review, comment on, and prepare analysis of population 
  3.33  estimates and projections made by state agencies, political 
  3.34  subdivisions, other states, federal agencies, or nongovernmental 
  3.35  persons, institutions, or commissions; 
  3.36     (5) serve as the state liaison with the federal Bureau of 
  3.37  the Census, coordinate state and federal demographic activities 
  3.38  to the fullest extent possible, and aid the legislature in 
  3.39  preparing a census data plan and form for each decennial census; 
  3.40     (6) compile an annual study of population estimates on the 
  3.41  basis of county, regional, or other political or geographical 
  4.1   subdivisions as necessary to carry out the purposes of this 
  4.2   section and section 4A.03; 
  4.3      (7) by January 1 of each year, issue a report to the 
  4.4   legislature containing an analysis of the demographic 
  4.5   implications of the annual population study and population 
  4.6   projections; 
  4.7      (8) prepare maps for all counties in the state, all 
  4.8   municipalities with a population of 10,000 or more, and other 
  4.9   municipalities as needed for census purposes, according to scale 
  4.10  and detail recommended by the federal Bureau of the Census, with 
  4.11  the maps of cities showing precinct boundaries; and 
  4.12     (9) prepare an estimate of population and of the number of 
  4.13  households for each governmental subdivision for which the 
  4.14  metropolitan council does not prepare an annual estimate, and 
  4.15  convey the estimates to the governing body of each political 
  4.16  subdivision by May 1 of each year. 
  4.17     Sec. 2.  Minnesota Statutes 1996, section 6.76, is amended 
  4.18  to read: 
  4.19     6.76 [LOCAL GOVERNMENTAL EXPENDITURES FOR LOBBYISTS.] 
  4.20     On or before January 31, 1990, and each year thereafter, 
  4.21  all counties, cities, school districts, metropolitan 
  4.22  agencies, and regional railroad authorities, and the 
  4.23  metropolitan council shall report to the state auditor, on forms 
  4.24  prescribed by the auditor, their estimated expenditures paid for 
  4.25  the previous calendar year to a lobbyist as defined in section 
  4.26  10A.01, subdivision 11, and to any staff person not registered 
  4.27  as a lobbyist, over 25 percent of whose time is spent during the 
  4.28  legislative session on legislative matters. 
  4.29     Sec. 3.  Minnesota Statutes 1996, section 10A.01, 
  4.30  subdivision 18, is amended to read: 
  4.31     Subd. 18.  "Public official" means any: 
  4.32     (a) member of the legislature; 
  4.33     (b) constitutional officer in the executive branch and the 
  4.34  officer's chief administrative deputy; 
  4.35     (c) member, chief administrative officer or deputy chief 
  4.36  administrative officer of a state board or commission which has 
  5.1   at least one of the following powers:  (i) the power to adopt, 
  5.2   amend or repeal rules, or (ii) the power to adjudicate contested 
  5.3   cases or appeals; 
  5.4      (d) commissioner, deputy commissioner, or assistant 
  5.5   commissioner of any state department as designated pursuant to 
  5.6   section 15.01; 
  5.7      (e) individual employed in the executive branch who is 
  5.8   authorized to adopt, amend or repeal rules or adjudicate 
  5.9   contested cases; 
  5.10     (f) executive director of the state board of investment; 
  5.11     (g) executive director of the Indian affairs intertribal 
  5.12  board; 
  5.13     (h) commissioner of the iron range resources and 
  5.14  rehabilitation board; 
  5.15     (i) commissioner of mediation services; 
  5.16     (j) deputy of any official listed in clauses (e) to (i); 
  5.17     (k) judge of the workers' compensation court of appeals; 
  5.18     (l) administrative law judge or compensation judge in the 
  5.19  state office of administrative hearings or referee in the 
  5.20  department of economic security; 
  5.21     (m) solicitor general or deputy, assistant or special 
  5.22  assistant attorney general; 
  5.23     (n) individual employed by the legislature as secretary of 
  5.24  the senate, legislative auditor, chief clerk of the house, 
  5.25  revisor of statutes, or researcher, legislative analyst, or 
  5.26  attorney in the office of senate counsel and research or house 
  5.27  research; 
  5.28     (o) member, regional administrator, division director, 
  5.29  general counsel, or operations manager of the metropolitan 
  5.30  council; 
  5.31     (p) the director of the racing commission, the director of 
  5.32  the gambling control board, the director of the state lottery, 
  5.33  and the deputy director of the state lottery; 
  5.34     (q) (p) director of the division of gambling enforcement in 
  5.35  the department of public safety; 
  5.36     (r) (q) member or executive director of the higher 
  6.1   education facilities authority; 
  6.2      (s) (r) member of the board of directors or president of 
  6.3   the Minnesota world trade center corporation; or 
  6.4      (t) (s) member or chief administrator of a metropolitan 
  6.5   agency. 
  6.6      Sec. 4.  Minnesota Statutes 1996, section 10A.01, 
  6.7   subdivision 26, is amended to read: 
  6.8      Subd. 26.  [METROPOLITAN GOVERNMENTAL UNIT.] "Metropolitan 
  6.9   governmental unit" means any of the seven counties in the 
  6.10  metropolitan area as defined in section 473.121, subdivision 2, 
  6.11  a regional railroad authority established by one or more of 
  6.12  those counties under section 398A.03, a city with a population 
  6.13  of over 50,000 located in the seven-county metropolitan area, 
  6.14  the metropolitan council, a metropolitan agency as defined in 
  6.15  section 473.121, subdivision 5a, the Minnesota state high school 
  6.16  league, and Minnesota Technology, Inc. 
  6.17     Sec. 5.  Minnesota Statutes 1996, section 10A.01, 
  6.18  subdivision 27, is amended to read: 
  6.19     Subd. 27.  [POLITICAL SUBDIVISION.] "Political subdivision" 
  6.20  means the metropolitan council, a metropolitan agency as defined 
  6.21  in section 473.121, subdivision 5a, a municipality as defined in 
  6.22  section 471.345, subdivision 1, the Minnesota state high school 
  6.23  league, and Minnesota Technology, Inc. 
  6.24     Sec. 6.  Minnesota Statutes 1996, section 10A.01, 
  6.25  subdivision 29, is amended to read: 
  6.26     Subd. 29.  [POPULATION.] "Population" means the population 
  6.27  established by the most recent federal census, by a special 
  6.28  census taken by the United States Bureau of the Census, by an 
  6.29  estimate made by the metropolitan council, or by an estimate 
  6.30  made by the state demographer under section 4A.02, whichever has 
  6.31  the latest stated date of count or estimate. 
  6.32     Sec. 7.  Minnesota Statutes 1996, section 15.0597, 
  6.33  subdivision 1, is amended to read: 
  6.34     Subdivision 1.  [DEFINITIONS.] As used in this section, the 
  6.35  following terms shall have the meanings given them. 
  6.36     (a) "Agency" means (1) a state board, commission, council, 
  7.1   committee, authority, task force, including an advisory task 
  7.2   force created under section 15.014 or 15.0593, a group created 
  7.3   by executive order of the governor, or other similar multimember 
  7.4   agency created by law and having statewide jurisdiction; and (2) 
  7.5   the metropolitan council, metropolitan agency, capitol area 
  7.6   architectural and planning board, and any agency with a regional 
  7.7   jurisdiction created in this state pursuant to an interstate 
  7.8   compact. 
  7.9      (b) "Vacancy" or "vacant agency position" means (1) a 
  7.10  vacancy in an existing agency, or (2) a new, unfilled agency 
  7.11  position.  Vacancy includes a position that is to be filled 
  7.12  through appointment of a nonlegislator by a legislator or group 
  7.13  of legislators; vacancy does not mean (1) a vacant position on 
  7.14  an agency composed exclusively of persons employed by a 
  7.15  political subdivision or another agency, or (2) a vacancy to be 
  7.16  filled by a person required to have a specific title or position.
  7.17     (c) "Secretary" means the secretary of state. 
  7.18     Sec. 8.  Minnesota Statutes 1996, section 15.0599, 
  7.19  subdivision 1, is amended to read: 
  7.20     Subdivision 1.  [APPLICABILITY.] For purposes of this 
  7.21  section, "agency" means: 
  7.22     (1) a state board, commission, council, committee, 
  7.23  authority, task force, including an advisory task force 
  7.24  established under section 15.014 or 15.0593, other multimember 
  7.25  agency, however designated, established by statute or order and 
  7.26  having statewide jurisdiction; 
  7.27     (2) a multimember body, however designated, appointed by 
  7.28  the metropolitan council established by section 473.123 or a 
  7.29  metropolitan agency as defined in section 473.121, subdivision 
  7.30  5a, if the membership includes at least one person who is not a 
  7.31  member of the council or the agency; and 
  7.32     (3) a multimember body whose members are appointed by the 
  7.33  legislature if the body has at least one nonlegislative member. 
  7.34     "Secretary" means the secretary of state. 
  7.35     Sec. 9.  Minnesota Statutes 1996, section 15.50, 
  7.36  subdivision 2, is amended to read: 
  8.1      Subd. 2.  [CAPITOL AREA PLAN.] (a) The board shall prepare, 
  8.2   prescribe, and from time to time, after a public hearing, amend 
  8.3   a comprehensive use plan for the capitol area, called the area 
  8.4   in this subdivision, which consists of that portion of the city 
  8.5   of Saint Paul comprehended within the following boundaries:  
  8.6   Beginning at the point of intersection of the center line of the 
  8.7   Arch-Pennsylvania freeway and the center line of Marion Street, 
  8.8   thence southerly along the center line of Marion Street extended 
  8.9   to a point 50 feet south of the south line of Concordia Avenue, 
  8.10  thence southeasterly along a line extending 50 feet from the 
  8.11  south line of Concordia Avenue to a point 125 feet from the west 
  8.12  line of John Ireland Boulevard, thence southwesterly along a 
  8.13  line extending 125 feet from the west line of John Ireland 
  8.14  Boulevard to the south line of Dayton Avenue, thence 
  8.15  northeasterly from the south line of Dayton Avenue to the west 
  8.16  line of John Ireland Boulevard, thence northeasterly to the 
  8.17  center line of the intersection of Old Kellogg Boulevard and 
  8.18  Summit Avenue, thence northeasterly along the center line of 
  8.19  Summit Avenue to the center line of the new West Kellogg 
  8.20  Boulevard, thence southerly along the east line of the new West 
  8.21  Kellogg Boulevard, to the center line of West Seventh Street, 
  8.22  thence northeasterly along the center line of West Seventh 
  8.23  Street to the center line of the Fifth Street ramp, thence 
  8.24  northwesterly along the center line of the Fifth Street ramp to 
  8.25  the east line of the right-of-way of Interstate Highway 35-E, 
  8.26  thence northeasterly along the east line of the right-of-way of 
  8.27  Interstate Highway 35-E to the south line of the right-of-way of 
  8.28  Interstate Highway 94, thence easterly along the south line of 
  8.29  the right-of-way of Interstate Highway 94 to the west line of 
  8.30  St. Peter Street, thence southerly to the south line of Exchange 
  8.31  Street, thence easterly along the south line of Exchange Street 
  8.32  to the west line of Cedar Street, thence northerly along the 
  8.33  west line of Cedar Street to the center line of Tenth Street, 
  8.34  thence northeasterly along the center line of Tenth Street to 
  8.35  the center line of Minnesota Street, thence northwesterly along 
  8.36  the center line of Minnesota Street to the center line of 
  9.1   Eleventh Street, thence northeasterly along the center line of 
  9.2   Eleventh Street to the center line of Jackson Street, thence 
  9.3   northwesterly along the center line of Jackson Street to the 
  9.4   center line of the Arch-Pennsylvania freeway extended, thence 
  9.5   westerly along the center line of the Arch-Pennsylvania freeway 
  9.6   extended and Marion Street to the point of origin.  If 
  9.7   construction of the labor interpretive center does not commence 
  9.8   prior to December 31, 2000, at the site recommended by the 
  9.9   board, the boundaries of the capitol area revert to their 
  9.10  configuration as of 1992.  
  9.11     Under the comprehensive plan, or a portion of it, the board 
  9.12  may regulate, by means of zoning rules adopted under the 
  9.13  administrative procedure act, the kind, character, height, and 
  9.14  location, of buildings and other structures constructed or used, 
  9.15  the size of yards and open spaces, the percentage of lots that 
  9.16  may be occupied, and the uses of land, buildings and other 
  9.17  structures, within the area.  To protect and enhance the 
  9.18  dignity, beauty, and architectural integrity of the capitol 
  9.19  area, the board is further empowered to include in its zoning 
  9.20  rules design review procedures and standards with respect to any 
  9.21  proposed construction activities in the capitol area 
  9.22  significantly affecting the dignity, beauty, and architectural 
  9.23  integrity of the area.  No person may undertake these 
  9.24  construction activities as defined in the board's rules in the 
  9.25  capitol area without first submitting construction plans to the 
  9.26  board, obtaining a zoning permit from the board, and receiving a 
  9.27  written certification from the board specifying that the person 
  9.28  has complied with all design review procedures and standards.  
  9.29  Violation of the zoning rules is a misdemeanor.  The board may, 
  9.30  at its option, proceed to abate any violation by injunction.  
  9.31  The board and the city of Saint Paul shall cooperate in assuring 
  9.32  that the area adjacent to the capitol area is developed in a 
  9.33  manner that is in keeping with the purpose of the board and the 
  9.34  provisions of the comprehensive plan.  
  9.35     (b) The commissioner of administration shall act as a 
  9.36  consultant to the board with regard to the physical structural 
 10.1   needs of the state.  The commissioner shall make studies and 
 10.2   report the results to the board when it requests reports for its 
 10.3   planning purpose.  
 10.4      (c) No public building, street, parking lot, or monument, 
 10.5   or other construction may be built or altered on any public 
 10.6   lands within the area unless the plans for the project conform 
 10.7   to the comprehensive use plan as specified in paragraph (d) and 
 10.8   to the requirement for competitive plans as specified in 
 10.9   paragraph (e).  No alteration substantially changing the 
 10.10  external appearance of any existing public building approved in 
 10.11  the comprehensive plan or the exterior or interior design of any 
 10.12  proposed new public building the plans for which were secured by 
 10.13  competition under paragraph (e) may be made without the prior 
 10.14  consent of the board.  The commissioner of administration shall 
 10.15  consult with the board regarding internal changes having the 
 10.16  effect of substantially altering the architecture of the 
 10.17  interior of any proposed building.  
 10.18     (d) The comprehensive plan must show the existing land uses 
 10.19  and recommend future uses including:  areas for public taking 
 10.20  and use; zoning for private land and criteria for development of 
 10.21  public land, including building areas, open spaces, monuments, 
 10.22  and other memorials; vehicular and pedestrian circulation; 
 10.23  utilities systems; vehicular storage; elements of landscape 
 10.24  architecture.  No substantial alteration or improvement may be 
 10.25  made to public lands or buildings in the area without the 
 10.26  written approval of the board.  
 10.27     (e) The board shall secure by competitions plans for any 
 10.28  new public building.  Plans for any comprehensive plan, 
 10.29  landscaping scheme, street plan, or property acquisition that 
 10.30  may be proposed, or for any proposed alteration of any existing 
 10.31  public building, landscaping scheme or street plan may be 
 10.32  secured by a similar competition.  A competition must be 
 10.33  conducted under rules prescribed by the board and may be of any 
 10.34  type which meets the competition standards of the American 
 10.35  Institute of Architects.  Designs selected become the property 
 10.36  of the state of Minnesota, and the board may award one or more 
 11.1   premiums in each competition and may pay the costs and fees that 
 11.2   may be required for its conduct.  At the option of the board, 
 11.3   plans for projects estimated to cost less than $1,000,000 may be 
 11.4   approved without competition provided the plans have been 
 11.5   considered by the advisory committee described in paragraph 
 11.6   (h).  Plans for projects estimated to cost less than $400,000 
 11.7   and for construction of streets need not be considered by the 
 11.8   advisory committee if in conformity with the comprehensive plan. 
 11.9      (f) Notwithstanding paragraph (e), an architectural 
 11.10  competition is not required for the design of any light rail 
 11.11  transit station and alignment within the capitol area.  The 
 11.12  board and its advisory committee shall select a preliminary 
 11.13  design for any transit station in the capitol area.  Each stage 
 11.14  of any station's design through working drawings must be 
 11.15  reviewed by the board's advisory committee and approved by the 
 11.16  board to ensure that the station's design is compatible with the 
 11.17  comprehensive plan for the capitol area and the board's design 
 11.18  criteria.  The guideway and track design of any light rail 
 11.19  transit alignment within the capitol area must also be reviewed 
 11.20  by the board's advisory committee and approved by the board. 
 11.21     (g) Of the amount available for the light rail transit 
 11.22  design, adequate funds must be available to the board for design 
 11.23  framework studies and review of preliminary plans for light rail 
 11.24  transit alignment and stations in the capitol area. 
 11.25     (h) The board may not adopt any plan under paragraph (e) 
 11.26  unless it first receives the comments and criticism of an 
 11.27  advisory committee of three persons, each of whom is either an 
 11.28  architect or a planner, who have been selected and appointed as 
 11.29  follows:  one by the board of the arts, one by the board, and 
 11.30  one by the Minnesota Society of the American Institute of 
 11.31  Architects.  Members of the committee may not be contestants 
 11.32  under paragraph (e).  The comments and criticism must be a 
 11.33  matter of public information.  The committee shall advise the 
 11.34  board on all architectural and planning matters.  For that 
 11.35  purpose, the committee must be kept currently informed 
 11.36  concerning, and have access to, all data, including all plans, 
 12.1   studies, reports and proposals, relating to the area as the data 
 12.2   are developed or in the process of preparation, whether by the 
 12.3   commissioner of administration, the commissioner of trade and 
 12.4   economic development, the metropolitan council, the city of 
 12.5   Saint Paul, or by any architect, planner, agency or 
 12.6   organization, public or private, retained by the board or not 
 12.7   retained and engaged in any work or planning relating to the 
 12.8   area, and a copy of any data prepared by any public employee or 
 12.9   agency must be filed with the board promptly upon completion.  
 12.10     The board may employ stenographic or technical help that 
 12.11  may be reasonable to assist the committee to perform its duties. 
 12.12     When so directed by the board, the committee may serve as, 
 12.13  and any member or members of the committee may serve on, the 
 12.14  jury or as professional advisor for any architectural 
 12.15  competition, and the board shall select the architectural 
 12.16  advisor and jurors for any competition with the advice of the 
 12.17  committee.  
 12.18     The city of Saint Paul shall advise the board.  
 12.19     (i) The comprehensive plan for the area must be developed 
 12.20  and maintained in close cooperation with the commissioner of 
 12.21  trade and economic development, the planning department and the 
 12.22  council for the city of Saint Paul, and the board of the arts, 
 12.23  and no plan or amendment of a plan may be effective without 90 
 12.24  days' notice to the planning department of the city of Saint 
 12.25  Paul and the board of the arts and without a public hearing with 
 12.26  opportunity for public testimony.  
 12.27     (j) The board and the commissioner of administration, 
 12.28  jointly, shall prepare, prescribe, and from time to time revise 
 12.29  standards and policies governing the repair, alteration, 
 12.30  furnishing, appearance, and cleanliness of the public and 
 12.31  ceremonial areas of the state capitol building.  The board shall 
 12.32  consult with and receive advice from the director of the 
 12.33  Minnesota state historical society regarding the historic 
 12.34  fidelity of plans for the capitol building.  The standards and 
 12.35  policies developed under this paragraph are binding upon the 
 12.36  commissioner of administration.  The provisions of sections 
 13.1   14.02, 14.04 to 14.28, 14.38, and 14.44 to 14.45 do not apply to 
 13.2   this paragraph.  
 13.3      (k) The board in consultation with the commissioner of 
 13.4   administration shall prepare and submit to the legislature and 
 13.5   the governor no later than October 1 of each even-numbered year 
 13.6   a report on the status of implementation of the comprehensive 
 13.7   plan together with a program for capital improvements and site 
 13.8   development, and the commissioner of administration shall 
 13.9   provide the necessary cost estimates for the program.  The board 
 13.10  shall report any changes to the comprehensive plan adopted by 
 13.11  the board to the committee on governmental operations and 
 13.12  gambling of the house of representatives and the committee on 
 13.13  governmental operations and reform of the senate and upon 
 13.14  request shall provide testimony concerning the changes.  The 
 13.15  board shall also provide testimony to the legislature on 
 13.16  proposals for memorials in the capitol area as to their 
 13.17  compatibility with the standards, policies, and objectives of 
 13.18  the comprehensive plan. 
 13.19     (l) The state shall, by the attorney general upon the 
 13.20  recommendation of the board and within appropriations available 
 13.21  for that purpose, acquire by gift, purchase, or eminent domain 
 13.22  proceedings any real property situated in the area described in 
 13.23  this section, and it may also acquire an interest less than a 
 13.24  fee simple interest in the property, if it finds that the 
 13.25  property is needed for future expansion or beautification of the 
 13.26  area.  
 13.27     (m) The board is the successor of the state veterans 
 13.28  service building commission, and as such may adopt rules and may 
 13.29  reenact the rules adopted by its predecessor under Laws 1945, 
 13.30  chapter 315, and amendments to it.  
 13.31     (n) The board shall meet at the call of the chair and at 
 13.32  such other times as it may prescribe.  
 13.33     (o) The commissioner of administration shall assign 
 13.34  quarters in the state veterans service building to (1) the 
 13.35  department of veterans affairs, of which a part that the 
 13.36  commissioner of administration and commissioner of veterans 
 14.1   affairs may mutually determine must be on the first floor above 
 14.2   the ground, and (2) the American Legion, Veterans of Foreign 
 14.3   Wars, Disabled American Veterans, Military Order of the Purple 
 14.4   Heart, United Spanish War Veterans, and Veterans of World War I, 
 14.5   and their auxiliaries, incorporated, or when incorporated, under 
 14.6   the laws of the state, and (3) as space becomes available, to 
 14.7   other state departments and agencies as the commissioner may 
 14.8   deem desirable. 
 14.9      Sec. 10.  Minnesota Statutes 1996, section 16B.122, 
 14.10  subdivision 1, is amended to read: 
 14.11     Subdivision 1.  [DEFINITIONS.] The definitions in this 
 14.12  subdivision apply to this section. 
 14.13     (a) "Copier paper" means paper purchased for use in copying 
 14.14  machines. 
 14.15     (b) "Office paper" means notepads, loose-leaf fillers, 
 14.16  tablets, and other paper commonly used in offices. 
 14.17     (c) "Postconsumer material" means a finished material that 
 14.18  would normally be discarded as a solid waste, having completed 
 14.19  its life cycle as a consumer item. 
 14.20     (d) "Practicable" means capable of being used, consistent 
 14.21  with performance, in accordance with applicable specifications, 
 14.22  and availability within a reasonable time. 
 14.23     (e) "Printing paper" means paper designed for printing, 
 14.24  other than newsprint, such as offset and publication paper. 
 14.25     (f) "Public entity" means the state, an office, agency, or 
 14.26  institution of the state, the metropolitan council, a 
 14.27  metropolitan agency, the metropolitan mosquito control district, 
 14.28  the legislature, the courts, a county, a statutory or home rule 
 14.29  charter city, a town, a school district, another special taxing 
 14.30  district, or any contractor acting pursuant to a contract with a 
 14.31  public entity. 
 14.32     (g) "Soy-based ink" means printing ink made from soy oil. 
 14.33     (h) "Uncoated" means not coated with plastic, clay, or 
 14.34  other material used to create a glossy finish. 
 14.35     Sec. 11.  Minnesota Statutes 1996, section 16B.42, 
 14.36  subdivision 1, is amended to read: 
 15.1      Subdivision 1.  [COMPOSITION.] The intergovernmental 
 15.2   information systems advisory council is composed of (1) two 
 15.3   members from each of the following groups:  counties outside of 
 15.4   the seven-county metropolitan area, cities of the second and 
 15.5   third class outside the metropolitan area, cities of the second 
 15.6   and third class within the metropolitan area, and cities of the 
 15.7   fourth class; (2) one member from each of the following groups:  
 15.8   the metropolitan council, an outstate regional body, counties 
 15.9   within the metropolitan area, cities of the first class, school 
 15.10  districts in the metropolitan area, school districts outside the 
 15.11  metropolitan area, and public libraries; (3) one member each 
 15.12  appointed by the state departments of children, families, and 
 15.13  learning, human services, revenue, and economic security, the 
 15.14  office of strategic and long-range planning, and the legislative 
 15.15  auditor; (4) one member from the office of the state auditor, 
 15.16  appointed by the auditor; (5) the assistant commissioner of 
 15.17  administration for the information policy office; (6) one member 
 15.18  appointed by each of the following organizations:  league of 
 15.19  Minnesota cities, association of Minnesota counties, Minnesota 
 15.20  association of township officers, and Minnesota association of 
 15.21  school administrators; and (7) one member of the house of 
 15.22  representatives appointed by the speaker and one member of the 
 15.23  senate appointed by the subcommittee on committees of the 
 15.24  committee on rules and administration.  The legislative members 
 15.25  appointed under clause (7) are nonvoting members.  The 
 15.26  commissioner of administration shall appoint members under 
 15.27  clauses (1) and (2).  The terms, compensation, and removal of 
 15.28  the appointed members of the advisory council are as provided in 
 15.29  section 15.059, but the council does not expire until June 30, 
 15.30  1997. 
 15.31     Sec. 12.  Minnesota Statutes 1996, section 47.52, is 
 15.32  amended to read: 
 15.33     47.52 [AUTHORIZATION.] 
 15.34     (a) With the prior approval of the commissioner, any bank 
 15.35  doing business in this state may establish and maintain detached 
 15.36  facilities provided the facilities are located within:  (1) the 
 16.1   municipality in which the principal office of the applicant bank 
 16.2   is located; or (2) 5,000 feet of its principal office measured 
 16.3   in a straight line from the closest points of the closest 
 16.4   structures involved; or (3) a municipality in which no bank is 
 16.5   located at the time of application; or (4) a municipality having 
 16.6   a population of more than 10,000; or (5) a municipality having a 
 16.7   population of 10,000 or less, as determined by the commissioner 
 16.8   from the latest available data from the state demographer, or 
 16.9   for municipalities located in the seven-county metropolitan area 
 16.10  from the metropolitan council, and all the banks having a 
 16.11  principal office in the municipality have consented in writing 
 16.12  to the establishment of the facility. 
 16.13     (b) A detached facility shall not be closer than 50 feet to 
 16.14  a detached facility operated by any other bank and shall not be 
 16.15  closer than 100 feet to the principal office of any other bank, 
 16.16  the measurement to be made in the same manner as provided 
 16.17  above.  This paragraph shall not be applicable if the proximity 
 16.18  to the facility or the bank is waived in writing by the other 
 16.19  bank and filed with the application to establish a detached 
 16.20  facility. 
 16.21     (c) A bank is allowed, in addition to other facilities, 
 16.22  part-time deposit-taking locations at elementary and secondary 
 16.23  schools located within the municipality in which the main 
 16.24  banking house or a detached facility is located if they are 
 16.25  established in connection with student education programs 
 16.26  approved by the school administration and consistent with safe, 
 16.27  sound banking practices. 
 16.28     (d) A bank whose home state is Minnesota as defined in 
 16.29  section 48.92 is allowed, in addition to facilities otherwise 
 16.30  permitted, to establish and operate a de novo detached facility 
 16.31  in a location in the host states of Iowa, North Dakota, South 
 16.32  Dakota, and Wisconsin not more than 30 miles from its principal 
 16.33  office measured in a straight line from the closest points of 
 16.34  the closest structures involved and subject to requirements of 
 16.35  sections 47.54 and 47.561 and the following additional 
 16.36  requirements and conditions: 
 17.1      (1) there is in effect in the host state a law, rule, or 
 17.2   ruling that permits Minnesota home state banks to establish de 
 17.3   novo branches in the host state under conditions substantially 
 17.4   similar to those imposed by the laws of Minnesota as determined 
 17.5   by the commissioner; and 
 17.6      (2) there is in effect a cooperative agreement between the 
 17.7   home and host state banking regulators to facilitate their 
 17.8   respective regulation and supervision of the bank including the 
 17.9   coordination of examinations. 
 17.10     For purposes of this paragraph, "host state" means a state 
 17.11  other than the home state, as defined in section 48.92. 
 17.12     Sec. 13.  Minnesota Statutes 1996, section 65B.43, 
 17.13  subdivision 20, is amended to read: 
 17.14     Subd. 20.  "Political subdivision" means any statutory or 
 17.15  home rule charter city; county; town; school district; or 
 17.16  metropolitan council, board or commission agency operating under 
 17.17  chapter 473. 
 17.18     Sec. 14.  Minnesota Statutes 1996, section 85.015, 
 17.19  subdivision 14, is amended to read: 
 17.20     Subd. 14.  [STATE TRAIL, RAMSEY AND WASHINGTON COUNTIES.] 
 17.21  (a) The trail shall originate at milepost 446.19 on the Soo Line 
 17.22  Railroad right-of-way in the Southeast Quarter of Section 19, 
 17.23  Township 29 North, Range 22 West, Ramsey County, and shall 
 17.24  extend in an easterly and northeasterly direction along the Soo 
 17.25  Line Railroad right-of-way to milepost 438.33 in the Southwest 
 17.26  Quarter of Section 5, Township 29 North, Range 21 West, in 
 17.27  Washington County, and there terminate.  
 17.28     (b) The trail shall be developed primarily for hiking and 
 17.29  nonmotorized riding.  
 17.30     (c) In addition to the authority granted in Minnesota 
 17.31  Statutes, section 85.015, subdivision 1, lands and interests in 
 17.32  lands for the trail may be acquired by eminent domain.  
 17.33     (d) The commissioner of natural resources, after consulting 
 17.34  with all local units of government affected by the trail, and 
 17.35  with the commissioner of transportation and the metropolitan 
 17.36  council office of strategic and long-range planning, shall 
 18.1   prepare a master plan for the trail.  After completion of the 
 18.2   master plan, any land or interest in land not needed for the 
 18.3   trail may be disposed of by the commissioner of natural 
 18.4   resources as follows:  
 18.5      (1) by transfer to the department of transportation, the 
 18.6   historical society, or another state agency; 
 18.7      (2) by sale at not less than the purchase price to a city, 
 18.8   town, school district, park district, or other political 
 18.9   subdivision whose boundaries include or are adjacent to the 
 18.10  land, for public purposes only, after written notice to each of 
 18.11  these political subdivisions; or 
 18.12     (3) if no offer to purchase is received from any political 
 18.13  subdivision within one year after the completion of the master 
 18.14  plan, then by public sale, at not less than the purchase price, 
 18.15  upon notice published in the manner provided in section 92.14, 
 18.16  and otherwise in the same manner as trust fund lands are sold, 
 18.17  so far as applicable.  
 18.18     All proceeds derived from sales of unneeded land and 
 18.19  interest in land shall be deposited in the state bond fund.  For 
 18.20  the purposes of United States Code, title 23, section 138, and 
 18.21  title 49, section 1653(f), any land or interest in land not 
 18.22  needed for the trail and transferred to another state agency, or 
 18.23  sold, does not constitute permanent park, recreation area, or 
 18.24  wildlife or waterfowl refuge facility land.  
 18.25     Sec. 15.  Minnesota Statutes 1996, section 85.016, is 
 18.26  amended to read: 
 18.27     85.016 [BICYCLE TRAIL PROGRAM.] 
 18.28     The commissioner of natural resources shall establish a 
 18.29  program for the development of bicycle trails utilizing the 
 18.30  state trails authorized by section 85.015, other state parks and 
 18.31  recreation land, and state forests.  "Bicycle trail," as used in 
 18.32  this section, has the meaning given in section 169.01.  The 
 18.33  program shall be coordinated with the local park trail grant 
 18.34  program established by the commissioner pursuant to section 
 18.35  85.019, with the bikeway program established by the commissioner 
 18.36  of transportation pursuant to section 160.265, and with existing 
 19.1   and proposed local bikeways.  In the metropolitan area as 
 19.2   defined in section 473.121, the program shall be developed in 
 19.3   accordance with the metropolitan council may make 
 19.4   recommendations about plans and priorities established by the 
 19.5   metropolitan council. The commissioner shall provide technical 
 19.6   assistance to local units of government in planning and 
 19.7   developing bicycle trails in local parks.  The bicycle trail 
 19.8   program shall, as a minimum, describe the location, design, 
 19.9   construction, maintenance, and land acquisition needs of each 
 19.10  component trail and shall give due consideration to the model 
 19.11  standards for the establishment of recreational vehicle lanes 
 19.12  promulgated by the commissioner of transportation pursuant to 
 19.13  section 160.262.  The program shall be developed after 
 19.14  consultation with the state trail council and regional and local 
 19.15  units of government and bicyclist organizations. 
 19.16     Sec. 16.  Minnesota Statutes 1996, section 103B.231, 
 19.17  subdivision 7, is amended to read: 
 19.18     Subd. 7.  [REVIEW OF THE DRAFT PLAN.] (a) Upon completion 
 19.19  of the plan but before final adoption by the organization, the 
 19.20  organization must submit the draft plan for a 60-day review and 
 19.21  comment period to all counties, the metropolitan council, the 
 19.22  state review agencies, the board of water and soil resources, 
 19.23  soil and water conservation districts, towns, and statutory and 
 19.24  home rule charter cities having territory within the watershed.  
 19.25  The organization may submit the plan for review and comment by 
 19.26  the metropolitan council.  A local government unit that expects 
 19.27  that substantial amendment of its local comprehensive plan will 
 19.28  be necessary to bring local water management into conformance 
 19.29  with the watershed plan must describe as specifically as 
 19.30  possible, within its comments, the amendments to the local plan 
 19.31  that it expects will be necessary.  If the county has a 
 19.32  groundwater plan, the county must review and comment on the 
 19.33  consistency of the watershed plan with the county groundwater 
 19.34  plan.  Differences among local governmental agencies regarding 
 19.35  the plan must be mediated.  Notwithstanding sections 103D.401, 
 19.36  103D.405, and 473.165, the council shall review the plan in the 
 20.1   same manner and with the same authority and effect as provided 
 20.2   for the council's review of the comprehensive plans of local 
 20.3   government units under section 473.175.  The council shall 
 20.4   comment on the apparent conformity with metropolitan system 
 20.5   plans of any anticipated amendments to local comprehensive 
 20.6   plans.  The council shall advise the board of water and soil 
 20.7   resources on whether the plan conforms with the management 
 20.8   objectives and target pollution loads stated in the council's 
 20.9   water resources plan and shall recommend changes in the plan 
 20.10  that would satisfy the council's plan. 
 20.11     (b) The watershed management organization must respond in 
 20.12  writing to any concerns expressed by the review agencies within 
 20.13  30 days of receipt thereof. 
 20.14     (c) The watershed management organization must hold a 
 20.15  public hearing on the draft plan no sooner than 30 days and no 
 20.16  later than 45 days after the 60-day review period of the draft 
 20.17  plan.  The board or boards of the affected counties shall 
 20.18  approve or disapprove projects in the capital improvement 
 20.19  program which may require the provision of county funds pursuant 
 20.20  to section 103B.251 or 103D.901, subdivision 2.  Each county has 
 20.21  up until the date of the public hearing on the draft plan to 
 20.22  complete its review of the capital improvement program.  If the 
 20.23  county fails to complete its review within the prescribed 
 20.24  period, unless an extension is agreed to by the organization the 
 20.25  program shall be deemed approved.  If the watershed extends into 
 20.26  more than one county and one or more counties disapprove of all 
 20.27  or part of a capital improvement program while the other county 
 20.28  or counties approve, the program shall be submitted to the board 
 20.29  of water and soil resources for review pursuant to subdivision 9.
 20.30     Sec. 17.  Minnesota Statutes 1996, section 103B.231, 
 20.31  subdivision 8, is amended to read: 
 20.32     Subd. 8.  [REVIEW BY METROPOLITAN COUNCIL OFFICE OF 
 20.33  STRATEGIC AND LONG-RANGE PLANNING AND STATE REVIEW AGENCIES.] 
 20.34  After completion of the review under subdivision 7, the draft 
 20.35  plan, any amendments thereto, all written comments received on 
 20.36  the plan, a record of the public hearing, and a summary of 
 21.1   changes incorporated as a result of the review process shall be 
 21.2   submitted to the metropolitan council, the state review 
 21.3   agencies, and the board of water and soil resources for final 
 21.4   review and may be submitted to the metropolitan council for 
 21.5   review.  The state review agencies shall review and comment on 
 21.6   the consistency of the plan with state laws and rules relating 
 21.7   to water and related land resources.  The state review agencies 
 21.8   shall forward their comments within 45 days after they receive 
 21.9   the final review draft of the plan to the board.  A state review 
 21.10  agency may request and receive up to a 30-day extension of this 
 21.11  review period from the board. 
 21.12     Sec. 18.  Minnesota Statutes 1996, section 103B.231, 
 21.13  subdivision 11, is amended to read: 
 21.14     Subd. 11.  [AMENDMENTS.] To the extent and in the manner 
 21.15  required by the adopted plan, all amendments to the adopted plan 
 21.16  shall be submitted to the towns, cities, county, the 
 21.17  metropolitan council, the state review agencies, and the board 
 21.18  of water and soil resources for review in accordance with the 
 21.19  provisions of subdivisions 7, 8, and 9 and may be submitted to 
 21.20  the metropolitan council.  Amendments necessary to revise the 
 21.21  plan to be consistent with the county groundwater plan, as 
 21.22  required by subdivision 4, must be submitted for review in 
 21.23  accordance with subdivisions 7, 8, and 9.  Minor amendments to a 
 21.24  plan shall be reviewed in accordance with standards prescribed 
 21.25  in the watershed management plan.  
 21.26     Sec. 19.  Minnesota Statutes 1996, section 103B.235, 
 21.27  subdivision 3, is amended to read: 
 21.28     Subd. 3.  [REVIEW.] After consideration but before adoption 
 21.29  by the governing body, each local unit shall submit its water 
 21.30  management plan to the watershed management organization for 
 21.31  review for consistency with the watershed plan adopted pursuant 
 21.32  to section 103B.231.  If the county or counties having territory 
 21.33  within the local unit have a state-approved and locally adopted 
 21.34  groundwater plan, the local unit shall submit its plan to the 
 21.35  county or counties for review.  The county or counties have 45 
 21.36  days to review and comment on the plan.  The organization shall 
 22.1   approve or disapprove the local plan or parts of the plan.  The 
 22.2   organization shall have 60 days to complete its review; 
 22.3   provided, however, that the watershed management organization 
 22.4   shall may, as part of its review, take into account the comments 
 22.5   submitted to it by the metropolitan council pursuant to 
 22.6   subdivision 3a.  If the organization fails to complete its 
 22.7   review within the prescribed period, the local plan shall be 
 22.8   deemed approved unless an extension is agreed to by the local 
 22.9   unit.  
 22.10     Sec. 20.  Minnesota Statutes 1996, section 103B.235, 
 22.11  subdivision 3a, is amended to read: 
 22.12     Subd. 3a.  [REVIEW BY METROPOLITAN COUNCIL.] Concurrently 
 22.13  with its submission of its local water management plan to the 
 22.14  watershed management organization as provided in subdivision 3, 
 22.15  each local unit of government shall may submit its water 
 22.16  management plan to the metropolitan council for review and 
 22.17  comment by the council.  The council shall have 45 days to 
 22.18  review and comment upon the local plan or parts of the plan with 
 22.19  respect to consistency with the council's comprehensive 
 22.20  development guide for the metropolitan area.  The council's 
 22.21  45-day review period shall run concurrently with the 60-day 
 22.22  review period by the watershed management organization provided 
 22.23  in subdivision 3.  The metropolitan council shall submit its 
 22.24  comments to the watershed management organization and shall send 
 22.25  a copy of its comments to the local government unit.  If the 
 22.26  metropolitan council fails to complete its review and make 
 22.27  comments to the watershed management organization within the 
 22.28  45-day period, the watershed management organization shall 
 22.29  complete its review as provided in subdivision 3. 
 22.30     Sec. 21.  Minnesota Statutes 1996, section 103B.255, 
 22.31  subdivision 8, is amended to read: 
 22.32     Subd. 8.  [REVIEW OF THE DRAFT PLAN.] (a) Upon completion 
 22.33  of the groundwater plan but before final adoption by the county, 
 22.34  the county shall submit the draft plan for a 60-day review and 
 22.35  comment period to adjoining counties, the metropolitan council, 
 22.36  the state review agencies, the board of water and soil 
 23.1   resources, each soil and water conservation district, town, 
 23.2   statutory and home rule charter city, and watershed management 
 23.3   organization having territory within the county.  The 
 23.4   organization may also submit the draft plan to the metropolitan 
 23.5   council for review and comment.  The county also shall submit 
 23.6   the plan to any other county or watershed management 
 23.7   organization or district in the affected groundwater system that 
 23.8   could affect or be affected by implementation of the plan.  Any 
 23.9   political subdivision or watershed management organization that 
 23.10  expects that substantial amendment of its plans would be 
 23.11  necessary in order to bring them into conformance with the 
 23.12  county groundwater plan shall describe as specifically as 
 23.13  possible, within its comments, the amendments that it expects 
 23.14  would be necessary and the cost of amendment and 
 23.15  implementation.  Reviewing entities have 60 days to review and 
 23.16  comment.  Differences among local governmental agencies 
 23.17  regarding the plan must be mediated.  Notwithstanding sections 
 23.18  103D.401, 103D.405, and 473.165, the council shall review the 
 23.19  plan in the same manner and with the same authority and effect 
 23.20  as provided in section 473.175 for review of the comprehensive 
 23.21  plans of local government units.  The council shall comment on 
 23.22  the apparent conformity with metropolitan system plans of any 
 23.23  anticipated amendments to watershed plans and local 
 23.24  comprehensive plans.  The council shall advise the board of 
 23.25  water and soil resources on whether the plan conforms with the 
 23.26  management objectives stated in the council's water resources 
 23.27  plan and shall recommend changes in the plan that would satisfy 
 23.28  the council's plan. 
 23.29     (b) The county must respond in writing to any concerns 
 23.30  expressed by the reviewing agencies within 30 days of receipt 
 23.31  thereof. 
 23.32     (c) The county shall hold a public hearing on the draft 
 23.33  plan no sooner than 30 days and no later than 45 days after the 
 23.34  60-day review period of the draft plan. 
 23.35     Sec. 22.  Minnesota Statutes 1996, section 103B.255, 
 23.36  subdivision 9, is amended to read: 
 24.1      Subd. 9.  [REVIEW BY METROPOLITAN COUNCIL AND STATE 
 24.2   AGENCIES.] After completion of the review under subdivision 8, 
 24.3   the draft plan, any amendments thereto, all written comments 
 24.4   received on the plan, a record of the public hearing, and a 
 24.5   summary of changes incorporated as part of the review process 
 24.6   must be submitted to the metropolitan council, the state review 
 24.7   agencies, and the board of water and soil resources for final 
 24.8   review and may be submitted to the metropolitan council.  The 
 24.9   state review agencies shall review and comment on the 
 24.10  consistency of the plan with state laws and rules relating to 
 24.11  water and related land resources.  The state review agencies 
 24.12  shall forward their comments to the board within 45 days after 
 24.13  they receive the final review draft of the plan.  A state review 
 24.14  agency may request and receive up to a 30-day extension of this 
 24.15  review period from the board. 
 24.16     Sec. 23.  Minnesota Statutes 1996, section 103B.255, 
 24.17  subdivision 12, is amended to read: 
 24.18     Subd. 12.  [AMENDMENTS.] To the extent and in the manner 
 24.19  required by the adopted plan, all amendments to the adopted plan 
 24.20  must be submitted to the towns, cities, counties, the 
 24.21  metropolitan council, the state review agencies, and the board 
 24.22  of water and soil resources for review in accordance with the 
 24.23  provisions of subdivisions 8 to 10 and may also be submitted to 
 24.24  the metropolitan council.  
 24.25     Sec. 24.  Minnesota Statutes 1996, section 103D.401, 
 24.26  subdivision 1, is amended to read: 
 24.27     Subdivision 1.  [CONTENTS.] (a) The managers must adopt a 
 24.28  watershed management plan for any or all of the purposes for 
 24.29  which a watershed district may be established.  The watershed 
 24.30  management plan must give a narrative description of existing 
 24.31  water and water-related problems within the watershed district, 
 24.32  possible solutions to the problems, and the general objectives 
 24.33  of the watershed district.  The watershed management plan must 
 24.34  also conform closely with watershed management plan guidelines 
 24.35  as adopted and amended from time to time by the board of water 
 24.36  and soil resources.  
 25.1      (b) The watershed management plan may include a separate 
 25.2   section on proposed projects.  If the watershed district is 
 25.3   within the metropolitan area, the separate section of proposed 
 25.4   projects or petitions for projects to be undertaken according to 
 25.5   the watershed management plan is a comprehensive plan of the 
 25.6   watershed district for purposes of review by the metropolitan 
 25.7   council under section 473.165.  
 25.8      Sec. 25.  Minnesota Statutes 1996, section 103D.401, 
 25.9   subdivision 2, is amended to read: 
 25.10     Subd. 2.  [REVIEW.] The managers must send a copy of the 
 25.11  proposed watershed management plan to the county auditor of each 
 25.12  county affected by the watershed district, the board, the 
 25.13  commissioner, the director, the governing body of each 
 25.14  municipality affected by the watershed district, and soil and 
 25.15  water conservation districts affected by the watershed 
 25.16  district.  For a watershed district within the metropolitan 
 25.17  area, a copy of the proposed watershed management plan must may 
 25.18  also be submitted to the metropolitan council.  
 25.19     Sec. 26.  Minnesota Statutes 1996, section 103F.715, is 
 25.20  amended to read: 
 25.21     103F.715 [CLEAN WATER PARTNERSHIP PROGRAM ESTABLISHED.] 
 25.22     A clean water partnership program is established as 
 25.23  provided in sections 103F.701 to 103F.761.  The agency shall 
 25.24  administer the program in accordance with these sections.  As a 
 25.25  basis for the program, the agency and the metropolitan council 
 25.26  shall conduct an assessment of waters in accordance with section 
 25.27  103F.721.  The agency shall then provide financial and technical 
 25.28  assistance in accordance with section 103F.725 to local units of 
 25.29  government for projects in geographical areas that contribute to 
 25.30  surface or ground water flows.  The projects shall provide for 
 25.31  protection and improvement of surface and ground water from 
 25.32  nonpoint sources of water pollution.  
 25.33     Sec. 27.  Minnesota Statutes 1996, section 103F.721, is 
 25.34  amended to read: 
 25.35     103F.721 [STATEWIDE RESOURCE ASSESSMENT.] 
 25.36     The agency shall conduct an assessment of waters of the 
 26.1   state that have been polluted by nonpoint sources and of 
 26.2   geographical areas with waters of the state that have a high 
 26.3   potential for water pollution caused by nonpoint sources.  The 
 26.4   metropolitan council shall conduct the assessment in the 
 26.5   metropolitan area, as defined in section 473.121, subdivision 2, 
 26.6   in cooperation with the agency.  
 26.7      Sec. 28.  Minnesota Statutes 1996, section 103F.761, 
 26.8   subdivision 1, is amended to read: 
 26.9      Subdivision 1.  [PROJECT COORDINATION TEAM; MEMBERSHIP.] 
 26.10  The commissioner shall establish and chair a project 
 26.11  coordination team made up of representatives of the pollution 
 26.12  control agency, department of natural resources, board of water 
 26.13  and soil resources, department of agriculture, department of 
 26.14  health, Minnesota extension service, University of Minnesota 
 26.15  agricultural experiment stations, United States Army Corps of 
 26.16  Engineers, United States Environmental Protection Agency, United 
 26.17  States Department of Agriculture Agricultural Stabilization and 
 26.18  Conservation Service, United States Department of Agriculture 
 26.19  Soil Conservation Service, metropolitan council, Association of 
 26.20  Minnesota Counties, League of Minnesota Cities, Minnesota 
 26.21  Association of Townships, and other agencies as the commissioner 
 26.22  may determine.  
 26.23     Sec. 29.  Minnesota Statutes 1996, section 103G.293, is 
 26.24  amended to read: 
 26.25     103G.293 [STATEWIDE DROUGHT PLAN.] 
 26.26     The commissioner shall establish a plan to respond to 
 26.27  drought-related emergencies and to prepare a statewide framework 
 26.28  for drought response.  The plan must may consider metropolitan 
 26.29  water supply plans recommendations of the metropolitan council 
 26.30  prepared under section 473.156.  The plan must provide a 
 26.31  framework for implementing drought response actions in a staged 
 26.32  approach related to decreasing levels of flows.  Permits issued 
 26.33  under section 103G.271 must provide conditions on water 
 26.34  appropriation consistent with the drought response plan 
 26.35  established by this section.  
 26.36     Sec. 30.  Minnesota Statutes 1996, section 115A.471, is 
 27.1   amended to read: 
 27.2      115A.471 [PUBLIC ENTITIES; MANAGEMENT OF SOLID WASTE.] 
 27.3      (a) Prior to entering into or approving a contract for the 
 27.4   management of mixed municipal solid waste which would manage the 
 27.5   waste using a waste management practice that is ranked lower on 
 27.6   the list of preferred waste management practices in section 
 27.7   115A.02, paragraph (b), than the waste management practice 
 27.8   selected for such waste in the county plan for the county in 
 27.9   which the waste was generated, a public entity must: 
 27.10     (1) determine the potential liability to the public entity 
 27.11  and its taxpayers for managing the waste in this manner; 
 27.12     (2) develop and implement a plan for managing the potential 
 27.13  liability; and 
 27.14     (3) submit the information from clauses (1) and (2) to the 
 27.15  agency. 
 27.16     (b) For the purpose of this subdivision, "public entity" 
 27.17  means the state; an office, agency, or institution of the state; 
 27.18  the metropolitan council; a metropolitan agency; the 
 27.19  metropolitan mosquito control district; the legislature; the 
 27.20  courts; a county; a statutory or home rule charter city; a town; 
 27.21  a school district; another special taxing district; or any other 
 27.22  general or special purpose unit of government in the state. 
 27.23     Sec. 31.  Minnesota Statutes 1996, section 115A.52, is 
 27.24  amended to read: 
 27.25     115A.52 [TECHNICAL ASSISTANCE FOR PROJECTS.] 
 27.26     The director shall ensure the delivery of technical 
 27.27  assistance for projects eligible under the program.  The 
 27.28  director may contract for the delivery of technical assistance 
 27.29  by any state or federal agency, a regional development 
 27.30  commission, the metropolitan council, or private consultants and 
 27.31  may use program funds to reimburse the agency, commission, 
 27.32  council, or consultants.  The director shall prepare and publish 
 27.33  an inventory of sources of technical assistance, including 
 27.34  studies, publications, agencies, and persons available.  The 
 27.35  director shall ensure statewide benefit from projects assisted 
 27.36  under the program by developing exchange and training programs 
 28.1   for local officials and employees and by using the experience 
 28.2   gained in projects to provide technical assistance and education 
 28.3   for other solid waste management projects in the state. 
 28.4      Sec. 32.  Minnesota Statutes 1996, section 116D.04, 
 28.5   subdivision 1a, is amended to read: 
 28.6      Subd. 1a.  For the purposes of this chapter, the following 
 28.7   terms have the meanings given to them in this subdivision.  
 28.8      (a) "Natural resources" has the meaning given it in section 
 28.9   116B.02, subdivision 4.  
 28.10     (b) "Pollution, impairment or destruction" has the meaning 
 28.11  given it in section 116B.02, subdivision 5.  
 28.12     (c) "Environmental assessment worksheet" means a brief 
 28.13  document which is designed to set out the basic facts necessary 
 28.14  to determine whether an environmental impact statement is 
 28.15  required for a proposed action.  
 28.16     (d) "Governmental action" means activities, including 
 28.17  projects wholly or partially conducted, permitted, assisted, 
 28.18  financed, regulated, or approved by units of government 
 28.19  including the federal government.  
 28.20     (e) "Governmental unit" means any state agency and any 
 28.21  general or special purpose unit of government in the state 
 28.22  including, but not limited to, watershed districts organized 
 28.23  under chapter 103D, counties, towns, cities, port authorities, 
 28.24  housing authorities, and economic development authorities 
 28.25  established under sections 469.090 to 469.108, but not including 
 28.26  courts, school districts, and regional development commissions 
 28.27  other than the metropolitan council.  
 28.28     Sec. 33.  Minnesota Statutes 1996, section 116G.03, 
 28.29  subdivision 5, is amended to read: 
 28.30     Subd. 5.  "Regional development commission" means any 
 28.31  regional development commission created pursuant to sections 
 28.32  462.381 to 462.396 and the metropolitan council created by 
 28.33  chapter 473.  
 28.34     Sec. 34.  Minnesota Statutes 1996, section 116G.15, is 
 28.35  amended to read: 
 28.36     116G.15 [MISSISSIPPI RIVER CRITICAL AREA.] 
 29.1      (a) The federal Mississippi National River and Recreation 
 29.2   Area established pursuant to United States Code, title 16, 
 29.3   section 460zz-2(k), is designated an area of critical concern in 
 29.4   accordance with this chapter.  The governor shall review the 
 29.5   existing Mississippi river critical area plan and specify any 
 29.6   additional standards and guidelines to affected communities in 
 29.7   accordance with section 116G.06, subdivision 2, paragraph (b), 
 29.8   clauses (3) and (4), needed to insure preservation of the area 
 29.9   pending the completion of the federal plan. 
 29.10     The results of an environmental impact statement prepared 
 29.11  under chapter 116D begun before and completed after July 1, 
 29.12  1994, for a proposed project that is located in the Mississippi 
 29.13  river critical area north of the United States Army Corps of 
 29.14  Engineers Lock and Dam Number One must be submitted in a report 
 29.15  to the chairs of the environment and natural resources policy 
 29.16  and finance committees of the house of representatives and the 
 29.17  senate prior to the issuance of any state or local permits and 
 29.18  the authorization for an issuance of any bonds for the project.  
 29.19  A report made under this paragraph shall be submitted by the 
 29.20  responsible governmental unit that prepared the environmental 
 29.21  impact statement, and must list alternatives to the project that 
 29.22  are determined by the environmental impact statement to be 
 29.23  economically less expensive and environmentally superior to the 
 29.24  proposed project and identify any legislative actions that may 
 29.25  assist in the implementation of environmentally superior 
 29.26  alternatives.  This paragraph does not apply to a proposed 
 29.27  project to be carried out by the metropolitan council or a 
 29.28  metropolitan agency as defined in section 473.121. 
 29.29     (b) If the results of an environmental impact statement 
 29.30  required to be submitted by paragraph (a) indicate that there is 
 29.31  an economically less expensive and environmentally superior 
 29.32  alternative, then no member agency of the environmental quality 
 29.33  board shall issue a permit for the facility that is the subject 
 29.34  of the environmental impact statement, other than an 
 29.35  economically less expensive and environmentally superior 
 29.36  alternative, nor shall any government bonds be issued for the 
 30.1   facility, other than an economically less expensive and 
 30.2   environmentally superior alternative, until after the 
 30.3   legislature has adjourned its regular session sine die in 1996. 
 30.4      Sec. 35.  Minnesota Statutes 1996, section 116J.401, is 
 30.5   amended to read: 
 30.6      116J.401 [POWERS AND DUTIES.] 
 30.7      The commissioner of trade and economic development shall:  
 30.8      (1) provide regional development commissions, the 
 30.9   metropolitan council, and units of local government with 
 30.10  information, technical assistance, training, and advice on using 
 30.11  federal and state programs; 
 30.12     (2) receive and administer the small cities community 
 30.13  development block grant program authorized by Congress under the 
 30.14  Housing and Community Development Act of 1974, as amended; 
 30.15     (3) receive and administer the section 107 technical 
 30.16  assistance program grants authorized by Congress under the 
 30.17  Housing and Community Development Act of 1974, as amended; 
 30.18     (4) receive and administer grants for the Minnesota jail 
 30.19  resource center authorized by Congress under the Juvenile 
 30.20  Justice and Delinquency Prevention Act of 1974, as amended; 
 30.21     (5) receive and administer other state and federal grants 
 30.22  and grant programs for planning, community affairs, community 
 30.23  development purposes, and other state and federal programs 
 30.24  assigned to the department by law or by the governor in 
 30.25  accordance with section 4.07; and 
 30.26     (6) receive applications for state and federal grants and 
 30.27  grant programs for planning, community affairs, and community 
 30.28  development purposes, and other state and federal programs 
 30.29  assigned to the department by law or by the governor in 
 30.30  accordance with section 4.07.  
 30.31     Sec. 36.  Minnesota Statutes 1996, section 116J.402, is 
 30.32  amended to read: 
 30.33     116J.402 [COOPERATIVE CONTRACTS.] 
 30.34     The commissioner of trade and economic development may 
 30.35  apply for, receive, and spend money for community development 
 30.36  from municipal, county, regional, and other planning agencies. 
 31.1   The commissioner may also apply for, accept, and disburse grants 
 31.2   and other aids for community development and related planning 
 31.3   from the federal government and other sources.  The commissioner 
 31.4   may enter into contracts with agencies of the federal 
 31.5   government, local governmental units, regional development 
 31.6   commissions, and the metropolitan council, other state agencies, 
 31.7   the University of Minnesota, and other educational institutions, 
 31.8   and private persons as necessary to perform the commissioner's 
 31.9   duties.  Contracts made according to this section, except those 
 31.10  with private persons, are not subject to the provisions of 
 31.11  chapter 16B concerning competitive bidding.  
 31.12     The commissioner may apply for, receive, and spend money 
 31.13  made available from federal sources or other sources for the 
 31.14  purposes of carrying out the duties and responsibilities of the 
 31.15  commissioner.  
 31.16     Money received by the commissioner under this section must 
 31.17  be deposited in the state treasury and is appropriated to the 
 31.18  commissioner for the purposes for which the money has been 
 31.19  received.  The money does not cancel and is available until 
 31.20  spent.  
 31.21     Sec. 37.  Minnesota Statutes 1996, section 116M.14, 
 31.22  subdivision 4, is amended to read: 
 31.23     Subd. 4.  [LOW-INCOME AREA.] "Low-income area" means 
 31.24  Minneapolis, St. Paul, and inner ring suburbs as defined by the 
 31.25  metropolitan council that had a median household income below 
 31.26  $31,000 as reported in the 1990 census. 
 31.27     Sec. 38.  Minnesota Statutes 1996, section 116M.15, 
 31.28  subdivision 1, is amended to read: 
 31.29     Subdivision 1.  [CREATION; MEMBERSHIP.] The urban 
 31.30  initiative board is created and consists of the commissioners of 
 31.31  trade and economic development and economic security, the chair 
 31.32  of the metropolitan council, and eight nine members from the 
 31.33  general public appointed by the governor.  Six of the public 
 31.34  members must be representatives from minority business 
 31.35  enterprises.  No more than four five of the public members may 
 31.36  be of one gender.  All public members must be experienced in 
 32.1   business or economic development. 
 32.2      Sec. 39.  Minnesota Statutes 1996, section 121.1601, 
 32.3   subdivision 1, is amended to read: 
 32.4      Subdivision 1.  [ESTABLISHMENT.] (a) An office of 
 32.5   desegregation/integration is established in the department of 
 32.6   children, families, and learning to coordinate and support 
 32.7   activities related to student enrollment, student and staff 
 32.8   recruitment and retention, transportation, and interdistrict 
 32.9   cooperation among metropolitan school districts.  
 32.10     (b) At the request of a metropolitan school district 
 32.11  involved in cooperative desegregation/integration efforts, the 
 32.12  office shall perform any of the following activities: 
 32.13     (1) assist districts with interdistrict student transfers, 
 32.14  including student recruitment, counseling, placement, and 
 32.15  transportation; 
 32.16     (2) coordinate and disseminate information about schools 
 32.17  and programs; 
 32.18     (3) assist districts with new magnet schools and programs; 
 32.19     (4) assist districts in providing staff development and 
 32.20  in-service training; and 
 32.21     (5) coordinate and administer staff exchanges. 
 32.22     (c) The office shall collect data on the efficacy of 
 32.23  districts' desegregation/integration efforts and make 
 32.24  recommendations based on the data.  The office shall may 
 32.25  periodically consult with the metropolitan council to coordinate 
 32.26  school desegregation/integration efforts with the housing, 
 32.27  social, economic, and infrastructure needs of the metropolitan 
 32.28  area.  The office shall develop a process for resolving 
 32.29  students' disputes and grievances about student transfers under 
 32.30  a desegregation/integration plan.  
 32.31     Sec. 40.  Minnesota Statutes 1996, section 134.201, 
 32.32  subdivision 5, is amended to read: 
 32.33     Subd. 5.  [GENERAL LEVY AUTHORITY.] The board may levy for 
 32.34  operation of public library service.  This levy shall replace 
 32.35  levies for operation of public library service by cities and 
 32.36  counties authorized in section 134.07.  The amount levied shall 
 33.1   be spread on the net tax capacity of all taxable property in the 
 33.2   district at a uniform tax rate.  
 33.3      (a) The maximum amount that may be levied by a board under 
 33.4   this section is the greater of:  
 33.5      (1) the statewide average local support per capita for 
 33.6   public library services for the most recent reporting period 
 33.7   available, as certified by the commissioner of children, 
 33.8   families, and learning, multiplied by the population of the 
 33.9   district according to the most recent estimate of the state 
 33.10  demographer or the metropolitan council; or 
 33.11     (2) the total amount provided by participating counties and 
 33.12  cities under section 134.34, subdivision 4, during the year 
 33.13  preceding the first year of operation. 
 33.14     (b) For its first year of operation, the board shall levy 
 33.15  an amount not less than the total dollar amount provided by 
 33.16  participating cities and counties during the preceding year 
 33.17  under section 134.34, subdivision 4. 
 33.18     Sec. 41.  Minnesota Statutes 1996, section 145A.02, 
 33.19  subdivision 16, is amended to read: 
 33.20     Subd. 16.  [POPULATION.] "Population" means the total 
 33.21  number of residents of the state or any city or county as 
 33.22  established by the last federal census, by a special census 
 33.23  taken by the United States Bureau of the Census, or by the state 
 33.24  demographer under section 4A.02, or by an estimate of city 
 33.25  population prepared by the metropolitan council, whichever is 
 33.26  the most recent as to the stated date of count or estimate. 
 33.27     Sec. 42.  Minnesota Statutes 1996, section 145A.09, 
 33.28  subdivision 6, is amended to read: 
 33.29     Subd. 6.  [BOUNDARIES OF COMMUNITY HEALTH SERVICE AREAS.] 
 33.30  The community health service area of a multicounty or multicity 
 33.31  community health board must be within a region designated under 
 33.32  sections 462.381 to 462.398, unless this condition is waived by 
 33.33  the commissioner with the approval of the regional development 
 33.34  commission directly involved or the metropolitan council, if 
 33.35  appropriate.  In a region without a regional development 
 33.36  commission, the commissioner of trade and economic development 
 34.1   shall act in place of the regional development commission. 
 34.2      Sec. 43.  Minnesota Statutes 1996, section 162.09, 
 34.3   subdivision 4, is amended to read: 
 34.4      Subd. 4.  [FEDERAL CENSUS TO BE CONCLUSIVE.] (a) In 
 34.5   determining whether any city has a population of 5,000 or more, 
 34.6   the last federal census shall be conclusive, except as otherwise 
 34.7   provided in this subdivision.  
 34.8      (b) A city that has previously been classified as having a 
 34.9   population of 5,000 or more for the purposes of chapter 162 and 
 34.10  whose population decreases by less than 15 percent from the 
 34.11  census figure that last qualified the city for inclusion shall 
 34.12  receive the following percentages of its 1981 apportionment for 
 34.13  the years indicated:  1982, 66 percent and 1983, 33 percent.  
 34.14  Thereafter the city shall not receive any apportionment from the 
 34.15  municipal state-aid street fund unless its population is 
 34.16  determined to be 5,000 or over by a federal census.  The 
 34.17  governing body of the city may contract with the United States 
 34.18  Bureau of the Census to take one special census before January 
 34.19  1, 1986.  A certified copy of the results of the census shall be 
 34.20  filed with the appropriate state authorities by the city.  The 
 34.21  result of the census shall be the population of the city for the 
 34.22  purposes of any law providing that population is a required 
 34.23  qualification for distribution of highway aids under chapter 
 34.24  162.  The special census shall remain in effect until the 1990 
 34.25  federal census is completed and filed.  The expense of taking 
 34.26  the special census shall be paid by the city.  
 34.27     (c) If an entire area not heretofore incorporated as a city 
 34.28  is incorporated as such during the interval between federal 
 34.29  censuses, its population shall be determined by its 
 34.30  incorporation census.  The incorporation census shall be 
 34.31  determinative of the population of the city only until the next 
 34.32  federal census. 
 34.33     (d) The population of a city created by the consolidation 
 34.34  of two or more previously incorporated cities shall be 
 34.35  determined by the most recent population estimate of the 
 34.36  metropolitan council or state demographer, until the first 
 35.1   federal decennial census or special census taken after the 
 35.2   consolidation. 
 35.3      Sec. 44.  Minnesota Statutes 1996, section 240.06, 
 35.4   subdivision 2, is amended to read: 
 35.5      Subd. 2.  [HEARINGS.] Before granting a class A license the 
 35.6   commission shall conduct one or more public hearings in the area 
 35.7   where the racetrack is or will be located.  The commission shall 
 35.8   also request comments on the application from the city council 
 35.9   or town board of the city or town where the track is or will be 
 35.10  located, or from the county board if it is to be located outside 
 35.11  a city or town and from the appropriate regional development 
 35.12  commission or the metropolitan council, as the case may be.  
 35.13     Sec. 45.  Minnesota Statutes 1996, section 270.12, 
 35.14  subdivision 3, is amended to read: 
 35.15     Subd. 3.  [JURISDICTIONS IN TWO OR MORE COUNTIES.] When a 
 35.16  taxing jurisdiction lies in two or more counties, if the sales 
 35.17  ratio studies prepared by the department of revenue show that 
 35.18  the average levels of assessment in the several portions of the 
 35.19  taxing jurisdictions in the different counties differ by more 
 35.20  than five percent, the board may order the apportionment of the 
 35.21  levy.  When the sales ratio studies prepared by the department 
 35.22  of revenue show that the average levels of assessment in the 
 35.23  several portions of the taxing jurisdictions in the different 
 35.24  counties differ by more than ten percent, the board shall order 
 35.25  the apportionment of the levy unless (a) the proportion of total 
 35.26  adjusted gross tax capacity in one of the counties is less than 
 35.27  ten percent of the total adjusted gross tax capacity in the 
 35.28  taxing jurisdiction and the average level of assessment in that 
 35.29  portion of the taxing jurisdiction is the level which differs by 
 35.30  more than five percent from the assessment level in any one of 
 35.31  the other portions of the taxing jurisdiction; (b) significant 
 35.32  changes have been made in the level of assessment in the taxing 
 35.33  jurisdiction which have not been reflected in the sales ratio 
 35.34  study, and those changes alter the assessment levels in the 
 35.35  portions of the taxing jurisdiction so that the assessment level 
 35.36  now differs by five percent or less; or (c) commercial, 
 36.1   industrial, mineral, or public utility property predominates in 
 36.2   one county within the taxing jurisdiction and another class of 
 36.3   property predominates in another county within that same taxing 
 36.4   jurisdiction.  If one or more of these factors are present, the 
 36.5   board may order the apportionment of the levy.  
 36.6      Notwithstanding any other provision, the levy for the 
 36.7   metropolitan mosquito control district, metropolitan council, 
 36.8   metropolitan transit district, and metropolitan transit area the 
 36.9   metropolitan waste control commission, and the levies authorized 
 36.10  by section 473.834, subdivision 2, and Minnesota Statutes 1994, 
 36.11  sections 473.325, 473.326, 473.39, 473.436, and 473.446 must be 
 36.12  apportioned without regard to the percentage difference. 
 36.13     If, pursuant to this subdivision, the board apportions the 
 36.14  levy, then that levy apportionment among the portions in the 
 36.15  different counties shall be made in the same proportion as the 
 36.16  adjusted gross tax capacity as determined by the commissioner in 
 36.17  each portion is to the total adjusted gross tax capacity of the 
 36.18  taxing jurisdiction. 
 36.19     For the purposes of this section, the average level of 
 36.20  assessment in a taxing jurisdiction or portion thereof shall be 
 36.21  the aggregate assessment sales ratio.  Gross tax capacities as 
 36.22  determined by the commissioner shall be the gross tax capacities 
 36.23  as determined for the year preceding the year in which the levy 
 36.24  to be apportioned is levied. 
 36.25     Actions pursuant to this subdivision shall be commenced 
 36.26  subsequent to the annual meeting on April 15 of the state board 
 36.27  of equalization, but notice of the action shall be given to the 
 36.28  affected jurisdiction and the appropriate county auditors by the 
 36.29  following June 30. 
 36.30     Apportionment of a levy pursuant to this subdivision shall 
 36.31  be considered as a remedy to be taken after equalization 
 36.32  pursuant to subdivision 2, and when equalization within the 
 36.33  jurisdiction would disturb equalization within other 
 36.34  jurisdictions of which the several portions of the jurisdiction 
 36.35  in question are a part. 
 36.36     Sec. 46.  Minnesota Statutes 1996, section 275.065, 
 37.1   subdivision 3, is amended to read: 
 37.2      Subd. 3.  [NOTICE OF PROPOSED PROPERTY TAXES.] (a) The 
 37.3   county auditor shall prepare and the county treasurer shall 
 37.4   deliver after November 10 and on or before November 24 each 
 37.5   year, by first class mail to each taxpayer at the address listed 
 37.6   on the county's current year's assessment roll, a notice of 
 37.7   proposed property taxes and, in the case of a town, final 
 37.8   property taxes.  
 37.9      (b) The commissioner of revenue shall prescribe the form of 
 37.10  the notice. 
 37.11     (c) The notice must inform taxpayers that it contains the 
 37.12  amount of property taxes each taxing authority other than a town 
 37.13  proposes to collect for taxes payable the following year and, 
 37.14  for a town, the amount of its final levy.  It must clearly state 
 37.15  that each taxing authority, including regional library districts 
 37.16  established under section 134.201, and including the 
 37.17  metropolitan taxing districts as defined in paragraph (i), but 
 37.18  excluding all other special taxing districts and towns, will 
 37.19  hold a public meeting to receive public testimony on the 
 37.20  proposed budget and proposed or final property tax levy, or, in 
 37.21  case of a school district, on the current budget and proposed 
 37.22  property tax levy.  It must clearly state the time and place of 
 37.23  each taxing authority's meeting and an address where comments 
 37.24  will be received by mail.  
 37.25     (d) The notice must state for each parcel: 
 37.26     (1) the market value of the property as determined under 
 37.27  section 273.11, and used for computing property taxes payable in 
 37.28  the following year and for taxes payable in the current year; 
 37.29  and, in the case of residential property, whether the property 
 37.30  is classified as homestead or nonhomestead.  The notice must 
 37.31  clearly inform taxpayers of the years to which the market values 
 37.32  apply and that the values are final values; 
 37.33     (2) by county, city or town, school district excess 
 37.34  referenda levy, remaining school district levy, regional library 
 37.35  district, if in existence, the total of the metropolitan special 
 37.36  taxing districts as defined in paragraph (i) and the sum of the 
 38.1   remaining special taxing districts, and as a total of the taxing 
 38.2   authorities, including all special taxing districts, the 
 38.3   proposed or, for a town, final net tax on the property for taxes 
 38.4   payable the following year and the actual tax for taxes payable 
 38.5   the current year.  If a school district has certified under 
 38.6   section 124A.03, subdivision 2, that a referendum will be held 
 38.7   in the school district at the November general election, the 
 38.8   county auditor must note next to the school district's proposed 
 38.9   amount that a referendum is pending and that, if approved by the 
 38.10  voters, the tax amount may be higher than shown on the notice.  
 38.11  For the purposes of this subdivision, "school district excess 
 38.12  referenda levy" means school district taxes for operating 
 38.13  purposes approved at referendums, including those taxes based on 
 38.14  net tax capacity as well as those based on market value.  
 38.15  "School district excess referenda levy" does not include school 
 38.16  district taxes for capital expenditures approved at referendums 
 38.17  or school district taxes to pay for the debt service on bonds 
 38.18  approved at referenda.  In the case of the city of Minneapolis, 
 38.19  the levy for the Minneapolis library board and the levy for 
 38.20  Minneapolis park and recreation shall be listed separately from 
 38.21  the remaining amount of the city's levy.  In the case of a 
 38.22  parcel where tax increment or the fiscal disparities areawide 
 38.23  tax under chapter 276A or 473F applies, the proposed tax levy on 
 38.24  the captured value or the proposed tax levy on the tax capacity 
 38.25  subject to the areawide tax must each be stated separately and 
 38.26  not included in the sum of the special taxing districts; and 
 38.27     (3) the increase or decrease in the amounts in clause (2) 
 38.28  from taxes payable in the current year to proposed or, for a 
 38.29  town, final taxes payable the following year, expressed as a 
 38.30  dollar amount and as a percentage. 
 38.31     (e) The notice must clearly state that the proposed or 
 38.32  final taxes do not include the following: 
 38.33     (1) special assessments; 
 38.34     (2) levies approved by the voters after the date the 
 38.35  proposed taxes are certified, including bond referenda, school 
 38.36  district levy referenda, and levy limit increase referenda; 
 39.1      (3) amounts necessary to pay cleanup or other costs due to 
 39.2   a natural disaster occurring after the date the proposed taxes 
 39.3   are certified; 
 39.4      (4) amounts necessary to pay tort judgments against the 
 39.5   taxing authority that become final after the date the proposed 
 39.6   taxes are certified; and 
 39.7      (5) the contamination tax imposed on properties which 
 39.8   received market value reductions for contamination. 
 39.9      (f) Except as provided in subdivision 7, failure of the 
 39.10  county auditor to prepare or the county treasurer to deliver the 
 39.11  notice as required in this section does not invalidate the 
 39.12  proposed or final tax levy or the taxes payable pursuant to the 
 39.13  tax levy. 
 39.14     (g) If the notice the taxpayer receives under this section 
 39.15  lists the property as nonhomestead and the homeowner provides 
 39.16  satisfactory documentation to the county assessor that the 
 39.17  property is owned and used as the owner's homestead, the 
 39.18  assessor shall reclassify the property to homestead for taxes 
 39.19  payable in the following year. 
 39.20     (h) In the case of class 4 residential property used as a 
 39.21  residence for lease or rental periods of 30 days or more, the 
 39.22  taxpayer must either: 
 39.23     (1) mail or deliver a copy of the notice of proposed 
 39.24  property taxes to each tenant, renter, or lessee; or 
 39.25     (2) post a copy of the notice in a conspicuous place on the 
 39.26  premises of the property.  
 39.27     The notice must be mailed or posted by the taxpayer by 
 39.28  November 27 or within three days of receipt of the notice, 
 39.29  whichever is later.  A taxpayer may notify the county treasurer 
 39.30  of the address of the taxpayer, agent, caretaker, or manager of 
 39.31  the premises to which the notice must be mailed in order to 
 39.32  fulfill the requirements of this paragraph. 
 39.33     (i) For purposes of this subdivision, subdivisions 5a and 
 39.34  6, "metropolitan special taxing districts" means the following 
 39.35  taxing districts in the seven-county metropolitan area that levy 
 39.36  a property tax for any of the specified purposes listed below: 
 40.1      (1) metropolitan council under section 473.132, 473.167, 
 40.2   473.249, 473.325, 473.446, 473.521, 473.547, or 473.834 counties 
 40.3   as provided in this act; 
 40.4      (2) metropolitan airports commission under section 473.667, 
 40.5   473.671, or 473.672; and 
 40.6      (3) metropolitan mosquito control commission under section 
 40.7   473.711; and 
 40.8      (4) metropolitan waste control commission under sections 
 40.9   473.521, 473.541, and 473.547. 
 40.10     For purposes of this section, any levies made by the 
 40.11  regional rail authorities in the county of Anoka, Carver, 
 40.12  Dakota, Hennepin, Ramsey, Scott, or Washington under chapter 
 40.13  398A shall be included with the appropriate county's levy and 
 40.14  shall be discussed at that county's public hearing. 
 40.15     (j) For taxes levied in 1996, payable in 1997 only, in the 
 40.16  case of a statutory or home rule charter city or town that 
 40.17  exercises the local levy option provided in section 473.388, 
 40.18  subdivision 7, the notice of its proposed taxes may include a 
 40.19  statement of the amount by which its proposed tax increase for 
 40.20  taxes payable in 1997 is attributable to its exercise of that 
 40.21  option, together with a statement that the levy of the 
 40.22  metropolitan council was decreased by a similar amount because 
 40.23  of the exercise of that option. 
 40.24     Sec. 47.  Minnesota Statutes 1996, section 275.065, 
 40.25  subdivision 5a, is amended to read: 
 40.26     Subd. 5a.  [PUBLIC ADVERTISEMENT.] (a) A city that has a 
 40.27  population of more than 2,500, county, a metropolitan special 
 40.28  taxing district as defined in subdivision 3, paragraph (i), a 
 40.29  regional library district established under section 134.201, or 
 40.30  school district shall advertise in a newspaper a notice of its 
 40.31  intent to adopt a budget and property tax levy or, in the case 
 40.32  of a school district, to review its current budget and proposed 
 40.33  property taxes payable in the following year, at a public 
 40.34  hearing.  The notice must be published not less than two 
 40.35  business days nor more than six business days before the hearing.
 40.36     The advertisement must be at least one-eighth page in size 
 41.1   of a standard-size or a tabloid-size newspaper.  The 
 41.2   advertisement must not be placed in the part of the newspaper 
 41.3   where legal notices and classified advertisements appear.  The 
 41.4   advertisement must be published in an official newspaper of 
 41.5   general circulation in the taxing authority.  The newspaper 
 41.6   selected must be one of general interest and readership in the 
 41.7   community, and not one of limited subject matter.  The 
 41.8   advertisement must appear in a newspaper that is published at 
 41.9   least once per week.  
 41.10     For purposes of this section, the metropolitan special 
 41.11  taxing district's advertisement must only be published in the 
 41.12  Minneapolis Star and Tribune and the Saint Paul Pioneer Press. 
 41.13     (b) The advertisement must be in the following form, except 
 41.14  that the notice for a school district may include references to 
 41.15  the current budget in regard to proposed property taxes. 
 41.16                             "NOTICE OF
 41.17                      PROPOSED PROPERTY TAXES
 41.18             (City/County/School District/Metropolitan
 41.19                  Special Taxing District/Regional
 41.20                   Library District) of .........
 41.21  The governing body of ........ will soon hold budget hearings 
 41.22  and vote on the property taxes for (city/county/metropolitan 
 41.23  special taxing district/regional library district services that 
 41.24  will be provided in 199_/school district services that will be 
 41.25  provided in 199_ and 199_). 
 41.26                     NOTICE OF PUBLIC HEARING:
 41.27  All concerned citizens are invited to attend a public hearing 
 41.28  and express their opinions on the proposed (city/county/school 
 41.29  district/metropolitan special taxing district/regional library 
 41.30  district) budget and property taxes, or in the case of a school 
 41.31  district, its current budget and proposed property taxes, 
 41.32  payable in the following year.  The hearing will be held on 
 41.33  (Month/Day/Year) at (Time) at (Location, Address)." 
 41.34     (c) A city with a population of over 500 but not more than 
 41.35  2,500 must advertise by posted notice as defined in section 
 41.36  645.12, subdivision 1.  The advertisement must be posted at the 
 42.1   time provided in paragraph (a).  It must be in the form required 
 42.2   in paragraph (b). 
 42.3      (d) For purposes of this subdivision, the population of a 
 42.4   city is the most recent population as determined by the state 
 42.5   demographer under section 4A.02. 
 42.6      (e) The commissioner of revenue, subject to the approval of 
 42.7   the chairs of the house and senate tax committees, shall 
 42.8   prescribe the form and format of the advertisement. 
 42.9      (f) For calendar year 1993, each taxing authority required 
 42.10  to publish an advertisement must include on the advertisement a 
 42.11  statement that information on the increases or decreases of the 
 42.12  total budget, including employee and independent contractor 
 42.13  compensation in the prior year, current year, and proposed 
 42.14  budget year will be discussed at the hearing. 
 42.15     (g) Notwithstanding paragraph (f), for 1993, the 
 42.16  commissioner of revenue shall prescribe the form, format, and 
 42.17  content of an advertisement comparing current and proposed 
 42.18  expense budgets for the metropolitan council, the metropolitan 
 42.19  airports commission, and the metropolitan mosquito control 
 42.20  commission special taxing districts.  The expense budget must 
 42.21  include occupancy, personnel, contractual and capital 
 42.22  improvement expenses.  The form, format, and content of the 
 42.23  advertisement must be approved by the chairs of the house and 
 42.24  senate tax committees prior to publication. 
 42.25     Sec. 48.  Minnesota Statutes 1996, section 275.14, is 
 42.26  amended to read: 
 42.27     275.14 [CENSUS.] 
 42.28     For the purposes of sections 275.124 to 275.16, the 
 42.29  population of a city shall be that established by the last 
 42.30  federal census, by a special census taken by the United States 
 42.31  Bureau of the Census, by an estimate made by the metropolitan 
 42.32  council, or by the state demographer made according to section 
 42.33  4A.02, whichever has the latest stated date of count or 
 42.34  estimate, before July 2 of the current levy year.  The 
 42.35  population of a school district must be as certified by the 
 42.36  department of children, families, and learning from the most 
 43.1   recent federal census. 
 43.2      In any year in which no federal census is taken pursuant to 
 43.3   law in any school district affected by sections 275.124 to 
 43.4   275.16 a population estimate may be made and submitted to the 
 43.5   state demographer for approval as hereinafter provided.  The 
 43.6   school board of a school district, in case it desires a 
 43.7   population estimate, shall pass a resolution by July 1 
 43.8   containing a current estimate of the population of the school 
 43.9   district and shall submit the resolution to the state 
 43.10  demographer.  The resolution shall describe the criteria on 
 43.11  which the estimate is based and shall be in a form and 
 43.12  accompanied by the data prescribed by the state demographer.  
 43.13  The state demographer shall determine whether or not the 
 43.14  criteria and process described in the resolution provide a 
 43.15  reasonable basis for the population estimate and shall inform 
 43.16  the school district of that determination within 30 days of 
 43.17  receipt of the resolution.  If the state demographer determines 
 43.18  that the criteria and process described in the resolution do not 
 43.19  provide a reasonable basis for the population estimate, the 
 43.20  resolution shall be of no effect.  If the state demographer 
 43.21  determines that the criteria and process do provide a reasonable 
 43.22  basis for the population estimate, the estimate shall be treated 
 43.23  as the population of the school district for the purposes of 
 43.24  sections 275.124 to 275.16 until the population of the school 
 43.25  district has been established by the next federal census or 
 43.26  until a more current population estimate is prepared and 
 43.27  approved as provided herein, whichever occurs first.  The state 
 43.28  demographer shall establish guidelines for acceptable population 
 43.29  estimation criteria and processes.  The state demographer shall 
 43.30  issue advisory opinions upon request in writing to cities or 
 43.31  school districts as to proposed criteria and processes prior to 
 43.32  their implementation in an estimation.  The advisory opinion 
 43.33  shall be final and binding upon the demographer unless the 
 43.34  demographer can show cause why it should not be final and 
 43.35  binding.  
 43.36     In the event that a census tract employed in taking a 
 44.1   federal or local census overlaps two or more school districts, 
 44.2   the county auditor shall, on the basis of the best information 
 44.3   available, allocate the population of said census tract to the 
 44.4   school districts involved.  
 44.5      The term "council," as used in sections 275.124 to 275.16, 
 44.6   means any board or body, whether composed of one or more 
 44.7   branches, authorized to make ordinances for the government of a 
 44.8   city within this state.  
 44.9      Sec. 49.  Minnesota Statutes 1996, section 275.62, 
 44.10  subdivision 3, is amended to read: 
 44.11     Subd. 3.  [POPULATION ESTIMATE.] For the purposes of this 
 44.12  section, the population of a local governmental unit shall be 
 44.13  that established by the last federal census, by a census taken 
 44.14  under section 275.14, or by an estimate made by the metropolitan 
 44.15  council or by the state demographer made under section 4A.02, 
 44.16  whichever is the most recent as to the stated date of count or 
 44.17  estimate for the calendar year preceding the current levy year. 
 44.18     Sec. 50.  Minnesota Statutes 1996, section 352.01, 
 44.19  subdivision 2a, is amended to read: 
 44.20     Subd. 2a.  [INCLUDED EMPLOYEES.] (a) "State employee" 
 44.21  includes: 
 44.22     (1) employees of the Minnesota historical society; 
 44.23     (2) employees of the state horticultural society; 
 44.24     (3) employees of the Disabled American Veterans, Department 
 44.25  of Minnesota, Veterans of Foreign Wars, Department of Minnesota, 
 44.26  if employed before July 1, 1963; 
 44.27     (4) employees of the Minnesota crop improvement 
 44.28  association; 
 44.29     (5) employees of the adjutant general who are paid from 
 44.30  federal funds and who are not covered by any federal civilian 
 44.31  employees retirement system; 
 44.32     (6) employees of the state universities employed under the 
 44.33  university activities program; 
 44.34     (7) currently contributing employees covered by the system 
 44.35  who are temporarily employed by the legislature during a 
 44.36  legislative session or any currently contributing employee 
 45.1   employed for any special service as defined in clause (8) of 
 45.2   subdivision 2b; 
 45.3      (8) employees of the armory building commission; 
 45.4      (9) permanent employees of the legislature and persons 
 45.5   employed or designated by the legislature or by a legislative 
 45.6   committee or commission or other competent authority to conduct 
 45.7   a special inquiry, investigation, examination, or installation; 
 45.8      (10) trainees who are employed on a full-time established 
 45.9   training program performing the duties of the classified 
 45.10  position for which they will be eligible to receive immediate 
 45.11  appointment at the completion of the training period; 
 45.12     (11) employees of the Minnesota safety council; 
 45.13     (12) any employees on authorized leave of absence from the 
 45.14  transit operating division of the former metropolitan transit 
 45.15  commission who are employed by the labor organization which is 
 45.16  the exclusive bargaining agent representing employees of the 
 45.17  transit operating division; 
 45.18     (13) employees of the metropolitan council, metropolitan 
 45.19  parks and open space commission, metropolitan sports facilities 
 45.20  commission, metropolitan mosquito control commission, or 
 45.21  metropolitan radio board waste control commission unless 
 45.22  excluded or covered by another public pension fund or plan under 
 45.23  section 473.415, subdivision 3; 
 45.24     (14) judges of the tax court; and 
 45.25     (15) personnel employed on June 30, 1992, by the University 
 45.26  of Minnesota in the management, operation, or maintenance of its 
 45.27  heating plant facilities, whose employment transfers to an 
 45.28  employer assuming operation of the heating plant facilities, so 
 45.29  long as the person is employed at the University of Minnesota 
 45.30  heating plant by that employer or by its successor organization. 
 45.31     (b) Employees specified in paragraph (a), clause (15), are 
 45.32  included employees under paragraph (a) providing that employer 
 45.33  and employee contributions are made in a timely manner in the 
 45.34  amounts required by section 352.04.  Employee contributions must 
 45.35  be deducted from salary.  Employer contributions are the sole 
 45.36  obligation of the employer assuming operation of the University 
 46.1   of Minnesota heating plant facilities or any successor 
 46.2   organizations to that employer. 
 46.3      Sec. 51.  Minnesota Statutes 1996, section 403.07, 
 46.4   subdivision 1, is amended to read: 
 46.5      Subdivision 1.  [RULES.] The department of administration 
 46.6   shall establish and adopt in accordance with chapter 14, rules 
 46.7   for the administration of this chapter and for the development 
 46.8   of 911 systems in the state including: 
 46.9      (a) design standards for 911 systems incorporating the 
 46.10  standards adopted pursuant to subdivision 2 for the seven-county 
 46.11  metropolitan area; and 
 46.12     (b) a procedure for determining and evaluating requests for 
 46.13  variations from the established design standards. 
 46.14     Sec. 52.  Minnesota Statutes 1996, section 414.02, 
 46.15  subdivision 3, is amended to read: 
 46.16     Subd. 3.  [BOARD FACTORS, ORDER.] In arriving at its 
 46.17  decision, the board shall consider the following factors: 
 46.18     (a) Present population and number of households, past 
 46.19  population and projected population growth for the subject area; 
 46.20     (b) Quantity of land within the subject area; the natural 
 46.21  terrain including recognizable physical features, general 
 46.22  topography, major watersheds, soil conditions and such natural 
 46.23  features as rivers, lakes and major bluffs; 
 46.24     (c) Present pattern of physical development, planning, and 
 46.25  intended land uses in the subject area including residential, 
 46.26  industrial, commercial, agricultural, and institutional land 
 46.27  uses and the impact of the proposed action on those uses; 
 46.28     (d) The present transportation network and potential 
 46.29  transportation issues, including proposed highway development; 
 46.30     (e) Land use controls and planning presently being utilized 
 46.31  in the subject area, including comprehensive plans, policies of 
 46.32  the metropolitan council; and whether there are inconsistencies 
 46.33  between proposed development and existing land use controls; 
 46.34     (f) Existing levels of governmental services being provided 
 46.35  to the subject area, including water and sewer service, fire 
 46.36  rating and protection, law enforcement, street improvements and 
 47.1   maintenance, administrative services, and recreational 
 47.2   facilities and the impact of the proposed action on the delivery 
 47.3   of the services; 
 47.4      (g) Existing or potential environmental problems and 
 47.5   whether the proposed action is likely to improve or resolve 
 47.6   these problems; 
 47.7      (h) Fiscal impact on the subject area and adjacent units of 
 47.8   local government, including present bonded indebtedness; local 
 47.9   tax rates of the county, school district, and other governmental 
 47.10  units, including, where applicable, the net tax capacity of 
 47.11  platted and unplatted lands and the division of homestead and 
 47.12  nonhomestead property; and other tax and governmental aid 
 47.13  issues; 
 47.14     (i) Relationship and effect of the proposed action on 
 47.15  affected and adjacent school districts and communities; 
 47.16     (j) Whether delivery of services to the subject area can be 
 47.17  adequately and economically delivered by the existing 
 47.18  government; 
 47.19     (k) Analysis of whether necessary governmental services can 
 47.20  best be provided through the proposed action or another type of 
 47.21  boundary adjustment; 
 47.22     (1) Degree of contiguity of the boundaries of the subject 
 47.23  area and adjacent units of local government; and 
 47.24     (m) Analysis of the applicability of the state building 
 47.25  code. 
 47.26     Based upon these factors, the board may order the 
 47.27  incorporation if it finds that (a) the property to be 
 47.28  incorporated is now, or is about to become, urban or suburban in 
 47.29  character, or (b) that the existing township form of government 
 47.30  is not adequate to protect the public health, safety, and 
 47.31  welfare, or (c) the proposed incorporation would be in the best 
 47.32  interests of the area under consideration.  The board may deny 
 47.33  the incorporation if the area, or a part thereof, would be 
 47.34  better served by annexation to an adjacent municipality. 
 47.35     The board may alter the boundaries of the proposed 
 47.36  incorporation by increasing or decreasing the area to be 
 48.1   incorporated so as to include only that property which is now, 
 48.2   or is about to become, urban or suburban in character, or may 
 48.3   exclude property that may be better served by another unit of 
 48.4   government.  The board may also alter the boundaries of the 
 48.5   proposed incorporation so as to follow visible, clearly 
 48.6   recognizable physical features for municipal boundaries.  In all 
 48.7   cases, the board shall set forth the factors which are the basis 
 48.8   for the decision. 
 48.9      Notwithstanding any other provision of law to the contrary 
 48.10  relating to the number of wards which may be established, the 
 48.11  board may provide for election of council members by wards, not 
 48.12  less than three nor more than seven in number, whose limits are 
 48.13  prescribed in the board order upon a finding that area 
 48.14  representation is required to accord proper representation in 
 48.15  the proposed incorporated area because of uneven population 
 48.16  density in different parts thereof or the existence of 
 48.17  agricultural lands therein which are in the path of suburban 
 48.18  development, but after four years from the effective date of an 
 48.19  incorporation the council of the municipality may by resolution 
 48.20  adopted by a four-fifths vote abolish the ward system and 
 48.21  provide for the election of all council members at large as in 
 48.22  other municipalities. 
 48.23     The board's order for incorporation shall provide for the 
 48.24  election of municipal officers in accordance with section 
 48.25  414.09.  The plan of government shall be "Optional Plan A", 
 48.26  provided that an alternate plan may be adopted pursuant to 
 48.27  section 412.551, at any time.  The ordinances of the township in 
 48.28  which the new municipality is located shall continue in effect 
 48.29  until repealed by the governing body of the new municipality. 
 48.30     Sec. 53.  Minnesota Statutes 1996, section 414.031, 
 48.31  subdivision 4, is amended to read: 
 48.32     Subd. 4.  [BOARD FACTORS, ORDER.] In arriving at its 
 48.33  decision, the board shall consider the following factors: 
 48.34     (a) Present population and number of households, past 
 48.35  population and projected population growth of the subject area 
 48.36  and adjacent units of local government; 
 49.1      (b) Quantity of land within the subject area and adjacent 
 49.2   units of local government; and natural terrain including 
 49.3   recognizable physical features, general topography, major 
 49.4   watersheds, soil conditions and such natural features as rivers, 
 49.5   lakes and major bluffs; 
 49.6      (c) Degree of contiguity of the boundaries between the 
 49.7   annexing municipality and the subject area; 
 49.8      (d) Present pattern of physical development, planning, and 
 49.9   intended land uses in the subject area and the annexing 
 49.10  municipality including residential, industrial, commercial, 
 49.11  agricultural and institutional land uses and the impact of the 
 49.12  proposed action on those land uses; 
 49.13     (e) The present transportation network and potential 
 49.14  transportation issues, including proposed highway development; 
 49.15     (f) Land use controls and planning presently being utilized 
 49.16  in the annexing municipality and the subject area, including 
 49.17  comprehensive plans for development in the area and plans and 
 49.18  policies of the metropolitan council, and whether there are 
 49.19  inconsistencies between proposed development and existing land 
 49.20  use controls and the reasons therefore; 
 49.21     (g) Existing levels of governmental services being provided 
 49.22  in the annexing municipality and the subject area, including 
 49.23  water and sewer service, fire rating and protection, law 
 49.24  enforcement, street improvements and maintenance, administrative 
 49.25  services, and recreational facilities and the impact of the 
 49.26  proposed action on the delivery of said services; 
 49.27     (h) Existing or potential environmental problems and 
 49.28  whether the proposed action is likely to improve or resolve 
 49.29  these problems; 
 49.30     (i) Plans and programs by the annexing municipality for 
 49.31  providing needed governmental services to the subject area; 
 49.32     (j) An analysis of the fiscal impact on the annexing 
 49.33  municipality, the subject area, and adjacent units of local 
 49.34  government, including net tax capacity and the present bonded 
 49.35  indebtedness, and the local tax rates of the county, school 
 49.36  district, and township; 
 50.1      (k) Relationship and effect of the proposed action on 
 50.2   affected and adjacent school districts and communities; 
 50.3      (l) Adequacy of town government to deliver services to the 
 50.4   subject area; 
 50.5      (m) Analysis of whether necessary governmental services can 
 50.6   best be provided through the proposed action or another type of 
 50.7   boundary adjustment; and 
 50.8      (n) If only a part of a township is annexed, the ability of 
 50.9   the remainder of the township to continue or the feasibility of 
 50.10  it being incorporated separately or being annexed to another 
 50.11  municipality. 
 50.12     Based upon the factors, the board may order the annexation 
 50.13  (a) if it finds that the subject area is now, or is about to 
 50.14  become, urban or suburban in character, or (b) if it finds that 
 50.15  municipal government in the area proposed for annexation is 
 50.16  required to protect the public health, safety, and welfare, or 
 50.17  (c) if it finds that the annexation would be in the best 
 50.18  interest of the subject area.  If only a part of a township is 
 50.19  to be annexed, the board shall consider whether the remainder of 
 50.20  the township can continue to carry on the functions of 
 50.21  government without undue hardship.  The board shall deny the 
 50.22  annexation if it finds that the increase in revenues for the 
 50.23  annexing municipality bears no reasonable relation to the 
 50.24  monetary value of benefits conferred upon the annexed area.  The 
 50.25  board may deny the annexation (a) if it appears that annexation 
 50.26  of all or a part of the property to an adjacent municipality 
 50.27  would better serve the interests of the residents of the 
 50.28  property or (b) if the remainder of the township would suffer 
 50.29  undue hardship. 
 50.30     The board may alter the boundaries of the area to be 
 50.31  annexed by increasing or decreasing the area so as to include 
 50.32  only that property which is now or is about to become urban or 
 50.33  suburban in character or to add property of such character 
 50.34  abutting the area proposed for annexation in order to preserve 
 50.35  or improve the symmetry of the area, or to exclude property that 
 50.36  may better be served by another unit of government.  The board 
 51.1   may also alter the boundaries of the proposed annexation so as 
 51.2   to follow visible, clearly recognizable physical features.  If 
 51.3   the board determines that part of the area would be better 
 51.4   served by another municipality or township, the board may 
 51.5   initiate and approve annexation on its own motion by conducting 
 51.6   further hearings and issuing orders pursuant to subdivisions 3 
 51.7   and 4.  In all cases, the board shall set forth the factors 
 51.8   which are the basis for the decision. 
 51.9      Sec. 54.  Minnesota Statutes 1996, section 462.382, is 
 51.10  amended to read: 
 51.11     462.382 [APPLICATION.] 
 51.12     The provisions of sections 462.381 to 462.398 have no 
 51.13  application to the metropolitan council created by or the region 
 51.14  area defined by Laws 1967, chapter 896 in section 473.121, 
 51.15  subdivision 2.  
 51.16     Sec. 55.  Minnesota Statutes 1996, section 462A.04, 
 51.17  subdivision 1, is amended to read: 
 51.18     Subdivision 1.  There is created a public body corporate 
 51.19  and politic to be known as the "Minnesota housing finance 
 51.20  agency," which shall perform the governmental functions and 
 51.21  exercise the sovereign powers delegated to it in this chapter in 
 51.22  furtherance of the public policies and purposes declared in 
 51.23  section 462A.02.  The agency shall consist of the commissioner 
 51.24  of trade and economic development, state auditor, and five 
 51.25  public members appointed by the governor with advice and consent 
 51.26  of the senate.  No more than two public members shall reside in 
 51.27  the metropolitan area of jurisdiction of the metropolitan 
 51.28  council as provided defined in section 473.123 473.121, 
 51.29  subdivision 1 2, and no more than one public member shall reside 
 51.30  in any one of the development regions established under the 
 51.31  provisions of sections 462.381 to 462.396.  Each member shall 
 51.32  hold office until a successor has been appointed and has 
 51.33  qualified.  A certificate of appointment or reappointment of any 
 51.34  member shall be conclusive evidence of the due and proper 
 51.35  appointment of the member. 
 51.36     Sec. 56.  Minnesota Statutes 1996, section 462A.07, 
 52.1   subdivision 11, is amended to read: 
 52.2      Subd. 11.  [COOPERATIVE RELATIONSHIPS.] It may establish 
 52.3   cooperative relationships with such regional county and 
 52.4   multicounty housing authorities as may be established, including 
 52.5   the metropolitan council, and may develop priorities for the 
 52.6   utilization of agency resources and assistance within a region 
 52.7   in cooperation with regional county and multicounty housing 
 52.8   authorities. 
 52.9      Sec. 57.  Minnesota Statutes 1996, section 462C.04, 
 52.10  subdivision 2, is amended to read: 
 52.11     Subd. 2.  [PROGRAM REVIEW.] A public hearing shall be held 
 52.12  on each program after one publication of notice in a newspaper 
 52.13  circulating generally in the city, at least 15 days before the 
 52.14  hearing.  On or before the day on which notice of the public 
 52.15  hearing is published, the city shall may submit the program to 
 52.16  the metropolitan council, if the city is located in the 
 52.17  metropolitan area as defined in section 473.121, subdivision 2, 
 52.18  or to the regional development commission for the area in which 
 52.19  the city is located, if any, for review and comment.  The 
 52.20  appropriate reviewing agency shall comment on:  
 52.21     (a) whether the program furthers local and regional housing 
 52.22  policies and is consistent with the metropolitan development 
 52.23  guide, if the city is located in the metropolitan area, or 
 52.24  adopted policies of the regional development commission; and 
 52.25     (b) the compatibility of the program with the housing 
 52.26  portion of the comprehensive plan of the city, if any. 
 52.27     Review of the program may be conducted either by the board 
 52.28  of the reviewing agency or by the staff of the agency.  Any 
 52.29  comment submitted by the reviewing agency to the city must be 
 52.30  presented to the body considering the proposed program at the 
 52.31  public hearing held on the program. 
 52.32     A member or employee of the reviewing agency shall be 
 52.33  permitted to present the comments of the reviewing agency at the 
 52.34  public hearing.  After conducting the public hearing, the 
 52.35  program may be adopted with or without amendment, provided that 
 52.36  any amendments must not be inconsistent with the comments, if 
 53.1   any, of the reviewing agency and must not contain any material 
 53.2   changes from the program submitted to the reviewing agency other 
 53.3   than changes in the financial aspects of any proposed issue of 
 53.4   bonds or obligations.  If any material change other than a 
 53.5   change in the financial aspects of a proposed issue of bonds or 
 53.6   obligations, or any change which is inconsistent with the 
 53.7   comments of the reviewing agency is adopted, the amended program 
 53.8   shall be resubmitted to the appropriate reviewing agency for 
 53.9   review and comment, and a public hearing shall be held on the 
 53.10  amended program after one publication of notice in a newspaper 
 53.11  circulating generally in the city at least 15 days before the 
 53.12  hearing.  The amended program shall be considered after the 
 53.13  public hearing in the same manner as consideration of the 
 53.14  initial program. 
 53.15     Sec. 58.  Minnesota Statutes 1996, section 462C.071, 
 53.16  subdivision 2, is amended to read: 
 53.17     Subd. 2.  [LIMITATION; ORIGINATION PERIOD.] During the 
 53.18  first ten months of an origination period, a city may make loans 
 53.19  financed with proceeds of mortgage bonds for the purchase of 
 53.20  existing housing.  Loans financed with the proceeds of mortgage 
 53.21  bonds for new housing in the metropolitan area may be made 
 53.22  during the first ten months of an origination period only if at 
 53.23  least one of the following conditions is met: 
 53.24     (1) the new housing is located in a redevelopment area; 
 53.25     (2) the new housing is replacing a structurally substandard 
 53.26  structure or structures; 
 53.27     (3) the new housing is located on a parcel purchased by the 
 53.28  city or conveyed to the city under section 282.01, subdivision 
 53.29  1; or 
 53.30     (4) the new housing is part of a housing affordability 
 53.31  initiative, other than those financed with the proceeds from the 
 53.32  sale of bonds, in which federal, state, or local assistance is 
 53.33  used to substantially improve the terms of the financing or to 
 53.34  substantially write down the purchase price of the new housing; 
 53.35  or 
 53.36     (5) the new housing is located in a city that has entered 
 54.1   into a housing affordability agreement with the metropolitan 
 54.2   council.  
 54.3      Upon expiration of the first ten-month period, a city may 
 54.4   make loans financed with the proceeds of mortgage bonds for the 
 54.5   purchase of new and existing housing. 
 54.6      Sec. 59.  Minnesota Statutes 1996, section 462C.071, 
 54.7   subdivision 4, is amended to read: 
 54.8      Subd. 4.  [REDEVELOPMENT AREA.] A city located within the 
 54.9   metropolitan area must may submit to the metropolitan council 
 54.10  the resolution adopted by the governing body of the city finding 
 54.11  an area to be a redevelopment area and a map of the 
 54.12  redevelopment area.  
 54.13     Sec. 60.  Minnesota Statutes 1996, section 465.797, 
 54.14  subdivision 3, is amended to read: 
 54.15     Subd. 3.  [REVIEW PROCESS.] (a) Upon receipt of an 
 54.16  application from a local government unit, the board shall review 
 54.17  the application.  The board shall dismiss an application if it 
 54.18  finds that the application proposes a waiver of rules or 
 54.19  exemption from enforcement of laws that would result in due 
 54.20  process violations, violations of federal law or the state or 
 54.21  federal constitution, or the loss of services to people who are 
 54.22  entitled to them.  
 54.23     (b) The board shall determine whether a law from which an 
 54.24  exemption for enforcement is sought is a procedural law, 
 54.25  specifying how a local government unit is to achieve an outcome, 
 54.26  rather than a substantive law prescribing the outcome or 
 54.27  otherwise establishing policy.  In making its determination, the 
 54.28  board shall consider whether the law specifies such requirements 
 54.29  as: 
 54.30     (1) who must deliver a service; 
 54.31     (2) where the service must be delivered; 
 54.32     (3) to whom and in what form reports regarding the service 
 54.33  must be made; and 
 54.34     (4) how long or how often the service must be made 
 54.35  available to a given recipient. 
 54.36     (c) If the commissioner of finance, the commissioner of 
 55.1   administration, or the state auditor has jurisdiction over a 
 55.2   rule or law affected by an application, the chief administrative 
 55.3   law judge, as soon as practicable after receipt of the 
 55.4   application, shall designate a third administrative law judge to 
 55.5   serve as a member of the board in place of that official while 
 55.6   the board is deciding whether to grant the waiver or exemption. 
 55.7      (d) If the application is submitted by a local government 
 55.8   unit in the metropolitan area or the unit requests a waiver of a 
 55.9   rule or temporary, limited exemptions from enforcement of a 
 55.10  procedural law over which the metropolitan council or a 
 55.11  metropolitan agency has jurisdiction, the board shall also 
 55.12  transmit a copy of the application to the council for review and 
 55.13  comment.  The council shall report its comments to the board 
 55.14  within 60 days of the date the application was transmitted to 
 55.15  the council.  The council may point out any resources or 
 55.16  technical assistance it may be able to provide a local 
 55.17  government submitting a request under this section.  
 55.18     (e) Within 15 days after receipt of the application, the 
 55.19  board shall transmit a copy of it to the commissioner of each 
 55.20  agency having jurisdiction over a rule or law from which a 
 55.21  waiver or exemption is sought.  The agency may mail a notice 
 55.22  that it has received an application for a waiver or exemption to 
 55.23  all persons who have registered with the agency under section 
 55.24  14.14, subdivision 1a, identifying the rule or law from which a 
 55.25  waiver or exemption is requested.  If no agency has jurisdiction 
 55.26  over the rule or law, the board shall transmit a copy of the 
 55.27  application to the attorney general.  The agency shall inform 
 55.28  the board of its agreement with or objection to and grounds for 
 55.29  objection to the waiver or exemption request within 60 days of 
 55.30  the date when the application was transmitted to it.  An 
 55.31  agency's failure to do so is considered agreement to the waiver 
 55.32  or exemption.  The board shall decide whether to grant a waiver 
 55.33  or exemption at its next regularly scheduled meeting following 
 55.34  its receipt of an agency's response or the end of the 60-day 
 55.35  response period.  If consideration of an application is not 
 55.36  concluded at that meeting, the matter may be carried over to the 
 56.1   next meeting of the board.  Interested persons may submit 
 56.2   written comments to the board on the waiver or exemption request 
 56.3   up to the time of its vote on the application.  
 56.4      (f) (e) If the exclusive representative of the affected 
 56.5   employees of the requesting local government unit objects to the 
 56.6   waiver or exemption request it may inform the board of the 
 56.7   objection to and the grounds for the objection to the waiver or 
 56.8   exemption request within 60 days of the receipt of the 
 56.9   application. 
 56.10     Sec. 61.  Minnesota Statutes 1996, section 465.798, is 
 56.11  amended to read: 
 56.12     465.798 [SERVICE BUDGET MANAGEMENT MODEL GRANTS.] 
 56.13     One or more local units of governments, an association of 
 56.14  local governments, the metropolitan council, a local unit of 
 56.15  government acting in conjunction with an organization or a state 
 56.16  agency, or an organization established by two or more local 
 56.17  units of government under a joint powers agreement may apply to 
 56.18  the board of government innovation and management for a grant to 
 56.19  be used to develop models for innovative service budget 
 56.20  management.  The application to the board must state what other 
 56.21  sources of funding have been considered by the local units of 
 56.22  government to implement the project and explain why it is not 
 56.23  possible to complete the project without assistance from the 
 56.24  board.  The board may not award a grant if it determines that 
 56.25  the local units of government could complete the project without 
 56.26  board assistance.  A copy of the application must be provided by 
 56.27  the units to the exclusive representatives certified under 
 56.28  section 179A.12 to represent employees who provide the service 
 56.29  or program affected by the application.  
 56.30     Proposed models may provide options to local governments, 
 56.31  neighborhood or community organizations, or individuals for 
 56.32  managing budgets for service delivery.  A copy of the work 
 56.33  product for which the grant was provided must be furnished to 
 56.34  the board upon completion, and the board may disseminate it to 
 56.35  other local units of government or interested groups.  If the 
 56.36  board finds that the model was not completed or implemented 
 57.1   according to the terms of the grant agreement, it may require 
 57.2   the grantee to repay all or a portion of the grant.  The board 
 57.3   shall award grants on the basis of each qualified applicant's 
 57.4   score under the scoring system in section 465.802.  The amount 
 57.5   of a grant under this section may not exceed $50,000. 
 57.6      Sec. 62.  Minnesota Statutes 1996, section 465.799, is 
 57.7   amended to read: 
 57.8      465.799 [COOPERATION PLANNING GRANTS.] 
 57.9      Two or more local government units; an association of local 
 57.10  governments; a local unit of government acting in conjunction 
 57.11  with the metropolitan council, an organization, or a state 
 57.12  agency; or an organization formed by two or more local units of 
 57.13  government under a joint powers agreement may apply to the board 
 57.14  of government innovation and cooperation for a grant to be used 
 57.15  to develop a plan for intergovernmental cooperation in providing 
 57.16  services.  The application to the board must state what other 
 57.17  sources of funding have been considered by the local units of 
 57.18  government to implement the project and explain why it is not 
 57.19  possible to complete the project without assistance from the 
 57.20  board.  The board may not award a grant if it determines that 
 57.21  the local units of government could complete the project without 
 57.22  board assistance.  A copy of the application must be submitted 
 57.23  by the applicants to the exclusive representatives certified 
 57.24  under section 179A.12 to represent employees who provide the 
 57.25  service or program affected by the application.  
 57.26     The plan may include model contracts or agreements to be 
 57.27  used to implement the plan.  A copy of the work product for 
 57.28  which the grant was provided must be furnished to the board upon 
 57.29  completion, and the board may disseminate it to other local 
 57.30  units of government or interested groups.  If the board finds 
 57.31  that the grantee has failed to implement the plan according to 
 57.32  the terms of the agreement, it may require the grantee to repay 
 57.33  all or a portion of the grant.  The board shall award grants on 
 57.34  the basis of each qualified applicant's score under the scoring 
 57.35  system in section 465.802.  The amount of a grant under this 
 57.36  section may not exceed $50,000. 
 58.1      Sec. 63.  Minnesota Statutes 1996, section 465.801, is 
 58.2   amended to read: 
 58.3      465.801 [SERVICE SHARING GRANTS.] 
 58.4      Two or more local units of government; an association of 
 58.5   local governments; a local unit of government acting in 
 58.6   conjunction with the metropolitan council, an organization, or a 
 58.7   state agency; or an organization established by two or more 
 58.8   local units of government under a joint powers agreement may 
 58.9   apply to the board of government innovation and cooperation for 
 58.10  a grant to be used to meet the start-up costs of providing 
 58.11  shared services or functions.  Agreements solely to make joint 
 58.12  purchases are not sufficient to qualify under this section.  The 
 58.13  application to the board must state what other sources of 
 58.14  funding have been considered by the local units of government to 
 58.15  implement the project and explain why it is not possible to 
 58.16  complete the project without assistance from the board.  The 
 58.17  board may not award a grant if it determines that the local 
 58.18  units of government could complete the project without board 
 58.19  assistance.  A copy of the application must be provided by the 
 58.20  applicants to the exclusive representatives certified under 
 58.21  section 179A.12 to represent employees who provide the service 
 58.22  or program affected by the application. 
 58.23     The proposal must include plans fully to integrate a 
 58.24  service or function provided by two or more local government 
 58.25  units.  A copy of the work product for which the grant was 
 58.26  provided must be furnished to the board upon completion, and the 
 58.27  board may disseminate it to other local units of government or 
 58.28  interested groups.  If the board finds that the grantee has 
 58.29  failed to implement the plan according to the terms of the 
 58.30  agreement, it may require the grantee to repay all or a portion 
 58.31  of the grant.  The board shall award grants on the basis of each 
 58.32  qualified applicant's score under the scoring system in section 
 58.33  465.802.  The amount of a grant under this section may not 
 58.34  exceed $100,000. 
 58.35     Sec. 64.  Minnesota Statutes 1996, section 471.425, 
 58.36  subdivision 1, is amended to read: 
 59.1      Subdivision 1.  [DEFINITIONS.] For the purposes of this 
 59.2   section, the following terms have the meanings here given them. 
 59.3      (a) "Contract" means any written legal document or 
 59.4   documents signed by both parties in which the terms and 
 59.5   conditions of any interest or other penalty for late payments 
 59.6   are clearly stated. 
 59.7      (b) "Date of receipt" means the completed delivery of the 
 59.8   goods or services or the satisfactory installation, assembly or 
 59.9   specified portion thereof, or the receipt of the invoice for the 
 59.10  delivery of the goods or services, whichever is later. 
 59.11     (c) "Governing board" means the elected or appointed board 
 59.12  of the municipality and includes, but is not limited to, city 
 59.13  councils, town boards and county boards. 
 59.14     (d) "Municipality" means any home rule charter or statutory 
 59.15  city, county, town, school district, political subdivision or 
 59.16  agency of local government.  "Municipality" means the a 
 59.17  metropolitan council or any board or agency created under 
 59.18  chapter 473. 
 59.19     Sec. 65.  Minnesota Statutes 1996, section 473.121, 
 59.20  subdivision 2, is amended to read: 
 59.21     Subd. 2.  [METROPOLITAN AREA OR AREA.] "Metropolitan area" 
 59.22  or "area" means the area over which the metropolitan council has 
 59.23  jurisdiction, including only the counties of Anoka, Carver, 
 59.24  Dakota excluding the city of Northfield, Hennepin excluding the 
 59.25  city of Hanover, Ramsey, Scott excluding the city of New Prague, 
 59.26  and Washington. 
 59.27     Sec. 66.  Minnesota Statutes 1996, section 473.121, 
 59.28  subdivision 6, is amended to read: 
 59.29     Subd. 6.  [LOCAL GOVERNMENTAL UNIT.] "Local governmental 
 59.30  unit" means any county, city, town, school district, special 
 59.31  district or other political subdivisions or public corporation, 
 59.32  other than the council or a metropolitan agency, lying in whole 
 59.33  or part within the metropolitan area. 
 59.34     Sec. 67.  Minnesota Statutes 1996, section 473.121, 
 59.35  subdivision 8, is amended to read: 
 59.36     Subd. 8.  [METROPOLITAN SIGNIFICANCE.] "Metropolitan 
 60.1   significance" means a status determined recommended by the 
 60.2   metropolitan council pursuant to the rules and procedures 
 60.3   established by section 473.173. 
 60.4      Sec. 68.  Minnesota Statutes 1996, section 473.121, 
 60.5   subdivision 10, is amended to read: 
 60.6      Subd. 10.  [POLICY PLAN.] "Policy plan" means a long-range 
 60.7   comprehensive plan of recommended by the metropolitan council. 
 60.8      Sec. 69.  Minnesota Statutes 1996, section 473.142, is 
 60.9   amended to read: 
 60.10     473.142 [SMALL BUSINESSES.] 
 60.11     (a) The metropolitan council and agencies specified in 
 60.12  section 473.143, subdivision 1, may award up to a six percent 
 60.13  preference in the amount bid for specified goods or services to 
 60.14  small targeted group businesses designated under section 16B.19. 
 60.15     (b) The council and Each agency specified in section 
 60.16  473.143, subdivision 1, may designate a purchase of goods or 
 60.17  services for award only to small targeted group businesses 
 60.18  designated under section 16B.19 if the council or agency 
 60.19  determines that at least three small targeted group businesses 
 60.20  are likely to bid. 
 60.21     (c) The council and Each agency specified in section 
 60.22  473.143, subdivision 1, as a condition of awarding a 
 60.23  construction contract or approving a contract for consultant, 
 60.24  professional, or technical services, may set goals that require 
 60.25  the prime contractor to subcontract a portion of the contract to 
 60.26  small targeted group businesses designated under section 16B.19. 
 60.27  The council or agency must establish a procedure for granting 
 60.28  waivers from the subcontracting requirement when qualified small 
 60.29  targeted group businesses are not reasonably available.  The 
 60.30  council or agency may establish financial incentives for prime 
 60.31  contractors who exceed the goals for use of subcontractors and 
 60.32  financial penalties for prime contractors who fail to meet goals 
 60.33  under this paragraph.  The subcontracting requirements of this 
 60.34  paragraph do not apply to prime contractors who are small 
 60.35  targeted group businesses.  At least 75 percent of the value of 
 60.36  the subcontracts awarded to small targeted group businesses 
 61.1   under this paragraph must be performed by the business to which 
 61.2   the subcontract is awarded or by another small targeted group 
 61.3   business. 
 61.4      (d) The council and Each agency listed in section 473.143, 
 61.5   subdivision 1, are is encouraged to purchase from small targeted 
 61.6   group businesses designated under section 16B.19 when making 
 61.7   purchases that are not subject to competitive bidding procedures.
 61.8      (e) The council and Each agency may adopt rules to 
 61.9   implement this section. 
 61.10     (f) Each council or agency contract must require the prime 
 61.11  contractor to pay any subcontractor within ten days of the prime 
 61.12  contractor's receipt of payment from the council or agency for 
 61.13  undisputed services provided by the subcontractor.  The contract 
 61.14  must require the prime contractor to pay interest of 1-1/2 
 61.15  percent per month or any part of a month to the subcontractor on 
 61.16  any undisputed amount not paid on time to the subcontractor.  
 61.17  The minimum monthly interest penalty payment for an unpaid 
 61.18  balance of $100 or more is $10.  For an unpaid balance of less 
 61.19  than $100, the prime contractor shall pay the actual penalty due 
 61.20  to the subcontractor.  A subcontractor who prevails in a civil 
 61.21  action to collect interest penalties from a prime contractor 
 61.22  must be awarded its costs and disbursements, including attorney 
 61.23  fees, incurred in bringing the action. 
 61.24     (g) This section does not apply to procurement financed in 
 61.25  whole or in part with federal funds if the procurement is 
 61.26  subject to federal disadvantaged, minority, or women business 
 61.27  enterprise regulations.  The council and Each agency shall 
 61.28  report to the commissioner of administration on compliance with 
 61.29  this section.  The information must be reported at the time and 
 61.30  in the manner requested by the commissioner. 
 61.31     Sec. 70.  Minnesota Statutes 1996, section 473.1425, is 
 61.32  amended to read: 
 61.33     473.1425 [WORKING CAPITAL FUND.] 
 61.34     The metropolitan council or A metropolitan agency defined 
 61.35  in section 473.121, subdivision 5a, to the extent allowed by 
 61.36  other law or contract, may grant available money that has been 
 62.1   appropriated for socially or economically disadvantaged business 
 62.2   programs to a guaranty fund administered by a nonprofit 
 62.3   organization that makes or guarantees working capital loans to 
 62.4   businesses owned and operated by socially or economically 
 62.5   disadvantaged persons as defined in Code of Federal Regulations, 
 62.6   title 49, section 23.5.  The purpose of loans made or guaranteed 
 62.7   by the organization must be to provide short-term working 
 62.8   capital to enable eligible businesses to be awarded contracts 
 62.9   for goods and services or for construction related services from 
 62.10  government agencies. 
 62.11     Sec. 71.  Minnesota Statutes 1996, section 473.143, is 
 62.12  amended to read: 
 62.13     473.143 [AFFIRMATIVE ACTION PLANS.] 
 62.14     Subdivision 1.  [APPLICATION.] For purposes of this 
 62.15  section, "agency" means a metropolitan agency as defined in 
 62.16  section 473.121, except the metropolitan parks and open space 
 62.17  commission.  Agency also means the metropolitan mosquito control 
 62.18  commission.  For purposes of this section, "commissioner" means 
 62.19  the commissioner of the state department of employee relations.  
 62.20     Subd. 2.  [DEVELOPMENT AND CONTENTS.] The council and Each 
 62.21  agency shall develop an affirmative action plan and submit its 
 62.22  plan to the commissioner for approval.  The commissioner may not 
 62.23  approve a plan unless the commissioner determines that it will 
 62.24  be effective in assuring that employment positions are equally 
 62.25  accessible to all qualified persons, in eliminating the 
 62.26  underutilization of qualified members of protected groups, in 
 62.27  providing a supportive work environment to all employees, 
 62.28  regardless of race, religion, sex, national origin, or 
 62.29  disability, and in dealing with discrimination complaints.  For 
 62.30  purposes of this section, "protected group" has the meaning 
 62.31  given it in section 43A.02, subdivision 33.  A plan must contain 
 62.32  at least the elements required in this subdivision. 
 62.33     (a) It must identify protected groups that are 
 62.34  underrepresented in the council's or agency's work force. 
 62.35     (b) It must designate a person responsible for directing 
 62.36  and implementing the affirmative action program and assign the 
 63.1   specific responsibilities and duties of that person.  The person 
 63.2   responsible for implementing the program shall report directly 
 63.3   to the council's or agency's chief operating officer regarding 
 63.4   the person's affirmative action duties.  The person responsible 
 63.5   for the affirmative action program shall review examination and 
 63.6   other selection criteria to assure compliance with law.  This 
 63.7   person shall be involved in the filling of all vacancies in the 
 63.8   council or agency work force, to the extent necessary to 
 63.9   facilitate attainment of affirmative action goals.  
 63.10     (c) It must describe the methods by which the plan will be 
 63.11  communicated to employees and to other persons. 
 63.12     (d) It must describe methods for recruiting members of 
 63.13  protected groups.  These methods may include internship 
 63.14  programs, cooperation with union apprenticeship programs, and 
 63.15  other steps necessary to expand the number of protected group 
 63.16  members in applicant pools. 
 63.17     (e) It must describe internal procedures in accordance with 
 63.18  this paragraph for processing complaints of alleged 
 63.19  discrimination from job applicants and employees.  The 
 63.20  procedures must provide for an initial determination of whether 
 63.21  the complaint is properly a discrimination complaint subject to 
 63.22  the procedure under the affirmative action plan.  Complaints 
 63.23  filed under the discrimination procedures that allege reprisals 
 63.24  against an employee for opposing a forbidden practice or for 
 63.25  filing a charge, testifying, or participating in an 
 63.26  investigation, proceeding, or hearing relating to a forbidden 
 63.27  practice are appealable to the chief operating officer of the 
 63.28  council or agency.  Procedures under this paragraph must be 
 63.29  distinct from any procedures available under a union contract or 
 63.30  personnel policy for nondiscrimination complaints.  Use of 
 63.31  procedures developed under this paragraph is not a prerequisite 
 63.32  to filing charges with a governmental enforcement agency, nor 
 63.33  does it limit a person's right to file these charges. 
 63.34     (f) It must set goals and timetables to eliminate 
 63.35  underutilization of members of each protected group in the 
 63.36  council or agency work force. 
 64.1      (g) It must provide a plan for retaining and promoting 
 64.2   protected group members in the council or agency work force.  
 64.3   This plan should encourage training opportunities for protected 
 64.4   group members, to the extent necessary to eliminate 
 64.5   underutilization in specific parts of the work force.  
 64.6      (h) It must describe methods of auditing, evaluating, and 
 64.7   reporting program success, including a procedure that requires a 
 64.8   preemployment review of all hiring decisions for occupational 
 64.9   groups with unmet affirmative action goals. 
 64.10     (i) It must provide for training of management and 
 64.11  supervisory personnel in implementation of the plan and in 
 64.12  dealing with alleged acts of discrimination in the workplace. 
 64.13     (j) It must provide for periodic surveying of the council 
 64.14  or agency work force to determine employee attitudes toward 
 64.15  implementation of the plan. 
 64.16     (k) It must provide for creation of an employee committee 
 64.17  to advise on implementation of the plan and on any changes 
 64.18  needed in the plan. 
 64.19     Subd. 3.  [HARASSMENT.] The council and Each agency shall 
 64.20  adopt written policies forbidding harassment based on sex, 
 64.21  disability, or race in their workplaces and establishing 
 64.22  implementation plans and grievance procedures to deal with 
 64.23  complaints of harassment based on sex, disability, or race. 
 64.24     Subd. 4.  [PERFORMANCE EVALUATION.] The evaluation of the 
 64.25  performance of each supervisory and managerial employee of 
 64.26  the council and the agencies must include evaluation of the 
 64.27  person's performance in implementing the council's or agency's 
 64.28  affirmative action plan and in preventing forbidden 
 64.29  discrimination in the workplace. 
 64.30     Subd. 5.  [REPORT.] By March 1 each year, the commissioner 
 64.31  shall report to the legislature on affirmative action progress 
 64.32  of the council and of each agency.  The report must include: 
 64.33     (1) an audit of the record of the council and each agency 
 64.34  to determine compliance with affirmative action goals and to 
 64.35  evaluate overall progress in attainment of overall affirmative 
 64.36  action objectives; 
 65.1      (2) if the council or any agency has failed to make 
 65.2   satisfactory progress toward its affirmative action goals, a 
 65.3   list of unmet goals and an analysis of why the failure occurred; 
 65.4      (3) a summary of all personnel actions taken by the council 
 65.5   and each agency during the past calendar year, categorized by 
 65.6   occupational group, protected group status, and full-time, 
 65.7   part-time, temporary, and seasonal status; and 
 65.8      (4) a summary of discrimination complaints and lawsuits 
 65.9   against the council and each agency filed or resolved during the 
 65.10  past calendar year, including the basis for the complaints and 
 65.11  lawsuits. 
 65.12     For purposes of this subdivision, "personnel action"  means 
 65.13  a new hire, promotion, transfer, demotion, layoff, recall from 
 65.14  layoff, suspension with or without pay, letter of reprimand, 
 65.15  involuntary termination, other disciplinary action, and 
 65.16  voluntary termination. 
 65.17     The council and Each agency shall report to the 
 65.18  commissioner all information that the commissioner requests to 
 65.19  make the report required by this subdivision.  In providing this 
 65.20  information, the council and agencies are not required to reveal 
 65.21  information that is not public data under chapter 13.  
 65.22     The council and Each agency shall submit these reports at 
 65.23  the time and in the manner requested by the commissioner.  The 
 65.24  commissioner shall report to the legislature on the failure of 
 65.25  the council or an agency to file the required report in a timely 
 65.26  manner. 
 65.27     Subd. 6.  [COORDINATION.] The commissioner or a designee 
 65.28  shall meet with affirmative action officers of the council and 
 65.29  all of the agencies to share successful techniques and foster 
 65.30  innovative means to implement affirmative action plans and 
 65.31  eliminate discrimination in the workplace. 
 65.32     Subd. 7.  [COORDINATION WITH LEGISLATURE.] The council and 
 65.33  Each agency shall facilitate legislative oversight of equal 
 65.34  opportunity practices by providing the legislature access, 
 65.35  including access to computerized records if compatible systems 
 65.36  exist, to public data maintained by the agency.  The council and 
 66.1   agencies must not provide access to information that is not 
 66.2   public data as defined in section 13.02, subdivision 8a. 
 66.3      Sec. 72.  Minnesota Statutes 1996, section 473.144, is 
 66.4   amended to read: 
 66.5      473.144 [CERTIFICATES OF COMPLIANCE FOR CONTRACTS.] 
 66.6      Neither the council nor An agency listed in section 
 66.7   473.143, subdivision 1, may shall not accept any bid or proposal 
 66.8   for a contract or execute a contract for goods or services in 
 66.9   excess of $50,000 with any business having more than 20 
 66.10  full-time employees on a single working day during the previous 
 66.11  12 months, unless the business has an affirmative action plan 
 66.12  for the employment of minority persons, women, and the disabled 
 66.13  that has been approved by the commissioner of human rights.  
 66.14  Receipt of a certificate of compliance from the commissioner of 
 66.15  human rights signifies that a business has an approved 
 66.16  affirmative action plan.  A certificate is valid for two years.  
 66.17  Section 363.073 governs revocation of certificates.  The rules 
 66.18  adopted by the commissioner of human rights under section 
 66.19  363.074 apply to this section. 
 66.20     Sec. 73.  Minnesota Statutes 1996, section 473.151, is 
 66.21  amended to read: 
 66.22     473.151 [DISCLOSURE.] 
 66.23     For the purpose of the rules, plans, and reports required 
 66.24  or authorized by sections 473.149, 473.516, 473.801 to 473.823 
 66.25  and this section, each generator of hazardous waste and each 
 66.26  owner or operator of a collection service or waste facility 
 66.27  annually shall make the following information available to the 
 66.28  agency, council, office of environmental assistance, and 
 66.29  metropolitan counties:  a schedule of rates and charges in 
 66.30  effect or proposed for a collection service or the processing of 
 66.31  waste delivered to a waste facility and a description, in 
 66.32  aggregate amounts indicating the general character of the solid 
 66.33  and hazardous waste collection and processing system, of the 
 66.34  types and the quantity, by types, of waste generated, collected, 
 66.35  or processed.  The county, council, office, and agency shall act 
 66.36  in accordance with the provisions of section 116.075, 
 67.1   subdivision 2, with respect to information for which 
 67.2   confidentiality is claimed. 
 67.3      Sec. 74.  Minnesota Statutes 1996, section 473.156, 
 67.4   subdivision 1, is amended to read: 
 67.5      Subdivision 1.  [PLAN COMPONENTS.] The metropolitan council 
 67.6   shall may develop a short-term and long-term plan 
 67.7   recommendations for existing and expected water use and supply 
 67.8   in the metropolitan area.  The plan shall be submitted to and 
 67.9   reviewed by at the request of the commissioner of natural 
 67.10  resources for consistency with the statewide drought plan under 
 67.11  section 103G.293.  At a minimum, the plans must: 
 67.12     (1) update the data and information on water supply and use 
 67.13  within the metropolitan area and develop a water use and 
 67.14  availability database; 
 67.15     (2) identify and evaluate alternative courses of action, 
 67.16  including water conservation initiatives and economic 
 67.17  alternatives, in case of drought or contamination conditions; 
 67.18     (3) develop regional surface water and use projection 
 67.19  models for resource evaluation; 
 67.20     (4) recommend long-term approaches to resolving problems 
 67.21  that may develop because of water use and supply with 
 67.22  consideration given to problems that occur outside of the 
 67.23  metropolitan area, but which have an effect within the area; and 
 67.24     (5) be consistent with the statewide drought plan under 
 67.25  section 103G.293. 
 67.26     Sec. 75.  Minnesota Statutes 1996, section 473.157, is 
 67.27  amended to read: 
 67.28     473.157 [WATER RESOURCES PLAN.] 
 67.29     If requested, to help achieve federal and state water 
 67.30  quality standards, provide effective water pollution control, 
 67.31  and help reduce unnecessary investments in advanced wastewater 
 67.32  treatment, the council shall adopt may recommend a water 
 67.33  resources plan that includes management objectives and target 
 67.34  pollution loads for watersheds in the metropolitan area.  The 
 67.35  council shall recommend to the board of water and soil resources 
 67.36  performance standards for watershed plans in the metropolitan 
 68.1   area, including standards relating to the timing of plan 
 68.2   revisions and proper water quality management. 
 68.3      Sec. 76.  Minnesota Statutes 1996, section 473.171, is 
 68.4   amended to read: 
 68.5      473.171 [COUNCIL REVIEW; APPLICATIONS FOR FEDERAL AND STATE 
 68.6   AID.] 
 68.7      Subdivision 1.  The council shall, if requested, may review 
 68.8   all applications of a metropolitan agency, independent 
 68.9   commission, board or agency, and local governmental units for 
 68.10  funds, grants, loans or loan guarantees from the United States 
 68.11  of America or agencies thereof submitted in connection with 
 68.12  proposed matters of metropolitan significance, all other 
 68.13  applications by metropolitan agencies, independent commissions, 
 68.14  boards and agencies, and local governmental units for grants, 
 68.15  loans, or loan guarantees from the United States of America or 
 68.16  any agency thereof if review by a regional agency is required by 
 68.17  federal law or the federal agency, and all applications for 
 68.18  grants, loans, or allocations from funds made available by the 
 68.19  United States of America to the metropolitan area for regional 
 68.20  facilities pursuant to a federal revenue sharing or similar 
 68.21  program requiring that the funds be received and granted or 
 68.22  allocated or that the grants and allocations be approved by a 
 68.23  regional agency.  
 68.24     Subd. 2.  The council shall may, if requested, review all 
 68.25  applications or requests of a metropolitan agency, independent 
 68.26  commission, board or agency, and local governmental units for 
 68.27  state funds allocated or granted for proposed matters of 
 68.28  metropolitan significance, and all other applications by 
 68.29  metropolitan agencies, independent commissions, boards, 
 68.30  agencies, and local governmental units for state funds if review 
 68.31  by a regional agency is required by state law or the granting 
 68.32  state agency.  
 68.33     Sec. 77.  Minnesota Statutes 1996, section 473.191, is 
 68.34  amended to read: 
 68.35     473.191 [LOCAL PLANNING ASSISTANCE.] 
 68.36     Subdivision 1.  The metropolitan council may, at the 
 69.1   request of local governmental units, enter into contracts or 
 69.2   make other arrangements with local governmental units and others 
 69.3   for the provision of services for and assistance 
 69.4   with recommendations on comprehensive community planning.  This 
 69.5   may include recommendations on: 
 69.6      (a) Assistance in the preparation, as a guide for 
 69.7   long-range development, of general physical plans with respect 
 69.8   to the pattern and intensity of land use and the provision of 
 69.9   public facilities together with long-range fiscal plans for such 
 69.10  development; 
 69.11     (b) Programming of capital improvements based on a 
 69.12  determination of relative urgency, together with definitive 
 69.13  financing plans for the improvements to be constructed in the 
 69.14  earlier years of the program; 
 69.15     (c) Coordination of all related plans of the departments or 
 69.16  subdivision of the government concerned; 
 69.17     (d) Intergovernmental coordination of all related planned 
 69.18  activities among the state and local governmental agencies 
 69.19  concerned; and 
 69.20     (e) Preparation of regulatory and administrative measures 
 69.21  in support of the foregoing.  
 69.22     Subd. 2.  The metropolitan council may provide recommend 
 69.23  technical assistance to cities, counties, and towns to expedite 
 69.24  adoption and enforcement of local ordinances under sections 
 69.25  103F.121, 103F.201 to 103F.221, and 473.204 to 473.208.  
 69.26     Sec. 78.  Minnesota Statutes 1996, section 473.23, is 
 69.27  amended to read: 
 69.28     473.23 [PUBLIC FACILITIES REVIEW.] 
 69.29     Subdivision 1.  [INVENTORY.] The metropolitan council, in 
 69.30  consultation may consult with appropriate state agencies and 
 69.31  local officials, must when they develop an inventory of all 
 69.32  public buildings located within the metropolitan area.  The 
 69.33  inventory must include an assessment of the condition of each 
 69.34  public building and document any underused space in the 
 69.35  buildings. 
 69.36     Subd. 2.  [SHARED FACILITIES.] The metropolitan council 
 70.1   must may review and comment on any joint facility proposed under 
 70.2   section 121.155 and may submit comments to the commissioner of 
 70.3   children, families, and learning on any school district facility 
 70.4   that is proposed within the metropolitan area. 
 70.5      Sec. 79.  Minnesota Statutes 1996, section 473.241, is 
 70.6   amended to read: 
 70.7      473.241 [DATA COLLECTION.] 
 70.8      The metropolitan council in cooperation with other 
 70.9   departments and agencies of the state and the regents of the 
 70.10  University of Minnesota may develop assist in developing a 
 70.11  center for data collection and storage to be used by it and 
 70.12  other governmental users and may accept gifts as otherwise 
 70.13  authorized in this section for the purposes of furnishing 
 70.14  information on such subjects as population, land use, 
 70.15  governmental finances, and the like.  
 70.16     Sec. 80.  Minnesota Statutes 1996, section 473.242, is 
 70.17  amended to read: 
 70.18     473.242 [URBAN RESEARCH.] 
 70.19     Where studies have not been otherwise authorized by law the 
 70.20  metropolitan council may study the feasibility of programs 
 70.21  relating but not limited to water supply, refuse disposal, 
 70.22  surface water drainage, communication, transportation, and other 
 70.23  subjects of concern to the peoples of the metropolitan area, may 
 70.24  institute recommend demonstration projects in connection 
 70.25  therewith, and may accept gifts for such purposes as otherwise 
 70.26  authorized in this section. 
 70.27     Sec. 81.  Minnesota Statutes 1996, section 473.243, is 
 70.28  amended to read: 
 70.29     473.243 [EMERGENCY SERVICES.] 
 70.30     The metropolitan council may make recommendations as to how 
 70.31  to coordinate emergency services, and community shelter planning 
 70.32  within the metropolitan area, accept gifts for such purposes as 
 70.33  otherwise authorized in section 473.129 and contract with local 
 70.34  governmental agencies and consultants in connection therewith.  
 70.35     Sec. 82.  Minnesota Statutes 1996, section 473.244, 
 70.36  subdivision 1, is amended to read: 
 71.1      Subdivision 1.  The metropolitan council shall may engage 
 71.2   in a continuous program of research and study concerning the 
 71.3   matters enumerated in this section.  
 71.4      Sec. 83.  Minnesota Statutes 1996, section 473.245, is 
 71.5   amended to read: 
 71.6      473.245 [REPORTS.] 
 71.7      On or before January 15 of each year, the metropolitan 
 71.8   council shall report to the legislature.  The report shall 
 71.9   include: 
 71.10     (1) A statement of the metropolitan council's receipts and 
 71.11  expenditures by category since the preceding report; 
 71.12     (2) A detailed budget for the year in which the report is 
 71.13  filed and the following year including an outline of its program 
 71.14  for such period; 
 71.15     (3) An explanation of any policy plan and other 
 71.16  comprehensive plan adopted in whole or in part for the 
 71.17  metropolitan area and the review comments of the affected 
 71.18  metropolitan agency; 
 71.19     (4) Summaries of any studies and the recommendations 
 71.20  resulting therefrom made by the metropolitan council, and a 
 71.21  listing of all applications for federal money made by 
 71.22  governmental units within the metropolitan area submitted to the 
 71.23  metropolitan council; 
 71.24     (5) (4) A listing of plans of local governmental units and 
 71.25  proposed matters of metropolitan significance submitted to the 
 71.26  metropolitan council; 
 71.27     (6) A detailed report on the progress of any project 
 71.28  undertaken by the council pursuant to sections 473.194 to 
 71.29  473.201; and 
 71.30     (7) (5) Recommendations of the metropolitan council for 
 71.31  metropolitan area legislation, including the organization and 
 71.32  functions of the metropolitan council and the metropolitan 
 71.33  agencies. 
 71.34     Sec. 84.  Minnesota Statutes 1996, section 473.8011, is 
 71.35  amended to read: 
 71.36     473.8011 [METROPOLITAN AGENCY RECYCLING GOAL.] 
 72.1      By December 31, 1993, the metropolitan council, Each 
 72.2   metropolitan agency as defined in section 473.121, and the 
 72.3   metropolitan mosquito control district established in section 
 72.4   473.702 shall recycle at least 40 percent by weight of the solid 
 72.5   waste generated by their offices or other operations.  The 
 72.6   director shall provide information and technical assistance to 
 72.7   the council, agencies, and the district to implement effective 
 72.8   recycling programs. 
 72.9      By August 1 of each year, the council, each agency, and the 
 72.10  district shall submit to the office a report for the previous 
 72.11  fiscal year describing recycling rates, specified by the county 
 72.12  in which the council, agency, or operation is located, and 
 72.13  progress toward meeting the recycling goal.  The office shall 
 72.14  incorporate the recycling rates reported in the respective 
 72.15  county's recycling rates for the previous fiscal year. 
 72.16     If the goal is not met, the council, agency, or district 
 72.17  must include in its 1994 annual report reasons for not meeting 
 72.18  the goal and a plan for meeting it in the future. 
 72.19     Sec. 85.  Minnesota Statutes 1996, section 473.834, 
 72.20  subdivision 2, is amended to read: 
 72.21     Subd. 2.  [ALLOCATION OF DEBT SERVICE.] The annual debt 
 72.22  service on the council's solid waste bonds, issued under 
 72.23  Minnesota Statutes 1990, section 473.831, shall be annually 
 72.24  apportioned and certified by the council to each county in the 
 72.25  metropolitan area, in the proportion that the net tax capacity 
 72.26  of all taxable property within each county bears to the net tax 
 72.27  capacity of the taxable property in all the counties, except 
 72.28  that the apportionment to each county shall first be adjusted to 
 72.29  reflect exemptions from payment required by subdivision 1.  The 
 72.30  auditors of the metropolitan counties shall see to the 
 72.31  administration of this section. 
 72.32     Sec. 86.  Minnesota Statutes 1996, section 477A.011, 
 72.33  subdivision 3, is amended to read: 
 72.34     Subd. 3.  [POPULATION.] "Population" means the population 
 72.35  established as of July 1 in an aid calculation year by the most 
 72.36  recent federal census, by a special census conducted under 
 73.1   contract with the United States Bureau of the Census, by a 
 73.2   population estimate made by the metropolitan council, or by a 
 73.3   population estimate of the state demographer made pursuant to 
 73.4   section 4A.02, whichever is the most recent as to the stated 
 73.5   date of the count or estimate for the preceding calendar year.  
 73.6   The term "per capita" refers to population as defined by this 
 73.7   subdivision. 
 73.8      Sec. 87.  [REPEALER.] 
 73.9      Minnesota Statutes 1996, sections 115A.03, subdivision 19; 
 73.10  403.07, subdivision 2; 465.795, subdivision 3; 473.121, 
 73.11  subdivision 3; 473.123, subdivisions 7 and 8; 473.125; 473.127; 
 73.12  473.129, subdivisions 2, 4, 5, 6, and 7; 473.13; 473.132; 
 73.13  473.155; 473.1551; 473.1623; 473.164; 473.244, subdivision 6; 
 73.14  473.247; and 473.249, are repealed.  
 73.15     Sec. 88.  [EFFECTIVE DATE.] 
 73.16     This article is effective July 1, 1998. 
 73.17                             ARTICLE 2
 73.18            METROPOLITAN PARKS AND OPEN SPACE COMMISSION
 73.19     Section 1.  Minnesota Statutes 1996, section 473.121, 
 73.20  subdivision 5a, is amended to read: 
 73.21     Subd. 5a.  [METROPOLITAN AGENCY.] "Metropolitan agency" 
 73.22  means the metropolitan parks and open space commission, 
 73.23  metropolitan airports commission, and the metropolitan sports 
 73.24  facilities commission. 
 73.25     Sec. 2.  Minnesota Statutes 1996, section 473.121, 
 73.26  subdivision 14, is amended to read: 
 73.27     Subd. 14.  [REGIONAL RECREATION OPEN SPACE.] "Regional 
 73.28  recreation open space" means land and water areas, or interests 
 73.29  therein, and facilities determined by the metropolitan 
 73.30  council office of strategic and long-range planning to be of 
 73.31  regional importance in providing for a balanced system of public 
 73.32  outdoor recreation for the metropolitan area, including but not 
 73.33  limited to park reserves, major linear parks and trails, large 
 73.34  recreation parks, and conservatories, zoos, and other special 
 73.35  use facilities. 
 73.36     Sec. 3.  Minnesota Statutes 1996, section 473.301, 
 74.1   subdivision 2, is amended to read: 
 74.2      Subd. 2.  [POLICY PLAN.] "Policy plan" means a plan adopted 
 74.3   by the council office pursuant to section 473.147, generally 
 74.4   describing the extent, type and location of regional recreation 
 74.5   open space needed for the metropolitan area and the timing of 
 74.6   its acquisition and development.  
 74.7      Sec. 4.  Minnesota Statutes 1996, section 473.301, 
 74.8   subdivision 4, is amended to read: 
 74.9      Subd. 4.  [COMMISSION OFFICE.] "Commission" "Office" means 
 74.10  the metropolitan parks and open space commission office of 
 74.11  strategic and long-range planning created by section 
 74.12  473.303 4A.01.  
 74.13     Sec. 5.  Minnesota Statutes 1996, section 473.313, is 
 74.14  amended to read: 
 74.15     473.313 [MASTER PLANS.] 
 74.16     Subdivision 1.  [ADOPTION.] Each park district located 
 74.17  wholly or partially within the metropolitan area, and each 
 74.18  county in the metropolitan area not wholly within a park 
 74.19  district, shall prepare, after consultation with all affected 
 74.20  municipalities, and submit to the metropolitan council office, 
 74.21  and from time to time revise and resubmit to the council office, 
 74.22  a master plan and annual budget for the acquisition and 
 74.23  development of regional recreation open space located within the 
 74.24  district or county, consistent with the council's office's 
 74.25  policy plan.  
 74.26     Subd. 2.  [COUNCIL OFFICE REVIEW.] The metropolitan council 
 74.27  office shall review with the advice of the commission, each 
 74.28  master plan to determine whether it is consistent with 
 74.29  the council's office's policy plan.  If it is not consistent, 
 74.30  the council office shall return the plan with its comments to 
 74.31  the municipalities, park district or county for revision and 
 74.32  resubmittal.  
 74.33     Sec. 6.  Minnesota Statutes 1996, section 473.315, 
 74.34  subdivision 1, is amended to read: 
 74.35     Subdivision 1.  The metropolitan council with the advice of 
 74.36  the commission office may make grants, from any funds available 
 75.1   to it for recreation open space purposes, to any municipality, 
 75.2   park district or county located wholly or partially within the 
 75.3   metropolitan area to cover the cost, or any portion of the cost, 
 75.4   of acquiring or developing regional recreation open space in 
 75.5   accordance with the policy plan; and all such agencies may enter 
 75.6   into contracts for this purpose or rights or interests therein.  
 75.7   The cost of acquisition shall include any payments required for 
 75.8   relocation pursuant to sections 117.50 to 117.56. 
 75.9      Sec. 7.  Minnesota Statutes 1996, section 473.334, 
 75.10  subdivision 1, is amended to read: 
 75.11     Subdivision 1.  [GENERALLY.] In determining the special 
 75.12  benefit received by regional recreation open space system 
 75.13  property as defined in sections 473.301 to 473.351 from an 
 75.14  improvement for which a special assessment upon an implementing 
 75.15  agency as defined in section 473.351 is determined, the 
 75.16  governing body shall not consider any use of the property other 
 75.17  than as regional recreation open space property at the time the 
 75.18  special assessment is determined.  The metropolitan 
 75.19  council implementing agency shall not be bound by the 
 75.20  determination of the governing body of the city but may pay a 
 75.21  lesser amount, as agreed upon by the metropolitan 
 75.22  council implementing agency and the governing body of the city, 
 75.23  as they determine is the measure of benefit to the land from the 
 75.24  improvement. 
 75.25     Sec. 8.  Minnesota Statutes 1996, section 473.341, is 
 75.26  amended to read: 
 75.27     473.341 [TAX EQUIVALENTS.] 
 75.28     In the year in which the metropolitan council or an 
 75.29  implementing agency as defined in section 473.351 acquires fee 
 75.30  title to any real property included in the regional recreation 
 75.31  open space system, the metropolitan council shall grant 
 75.32  sufficient funds to the appropriate implementing agency to must 
 75.33  make the tax equivalent payment required in this section.  The 
 75.34  council implementing agency shall determine the total amount of 
 75.35  property taxes levied on the real property for municipal or 
 75.36  township purposes for collection in the year in which title 
 76.1   passed.  The municipality or township in which the real property 
 76.2   is situated shall be paid 180 percent of the total tax amount 
 76.3   determined by the council implementing agency.  If the 
 76.4   implementing agency has granted a life estate to the seller of 
 76.5   the real property and the seller is obligated to pay property 
 76.6   taxes on the property, this tax equivalent shall not be paid 
 76.7   until the life estate ends.  All amounts paid pursuant to this 
 76.8   section are costs of acquisition of the real property acquired. 
 76.9      Sec. 9.  Minnesota Statutes 1996, section 473.351, is 
 76.10  amended to read: 
 76.11     473.351 [METROPOLITAN AREA REGIONAL PARKS FUNDING.] 
 76.12     Subdivision 1.  [DEFINITIONS.] The definitions in this 
 76.13  subdivision apply to this section.  
 76.14     (a) "Implementing agency" means the counties of Anoka, 
 76.15  Washington, Ramsey, Scott, Carver, Dakota, the city of St. Paul, 
 76.16  the city of Bloomington, the Minneapolis park and recreation 
 76.17  board, and the Hennepin county park reserve district. 
 76.18     (b) "Operation and maintenance expenditures" means the cost 
 76.19  of providing for the operation and maintenance of waters, lands, 
 76.20  and facilities that are a part of the metropolitan area regional 
 76.21  park and open space system, including but not limited to, the 
 76.22  provision of fire, police, maintenance, forestry, rehabilitation 
 76.23  expenses pertaining to routine care, and the allocation of the 
 76.24  administrative overhead costs of the regional park and open 
 76.25  space systems.  
 76.26     (c) "Operation and maintenance money" means money 
 76.27  appropriated by the legislature to the commissioner of trade and 
 76.28  economic development for distribution by the metropolitan 
 76.29  council office. 
 76.30     (d) "Regional recreation open space systems" means those 
 76.31  parks that have been so designated by the metropolitan council 
 76.32  under section 473.145 before January 1, 1997. 
 76.33     Subd. 2.  [METROPOLITAN COUNCIL DNR OBLIGATION.] Annually 
 76.34  before August 1 the metropolitan council shall distribute grant 
 76.35  money received from the commissioner of natural resources shall 
 76.36  distribute grant money to fund the operation and maintenance 
 77.1   expenditures of the implementing agencies for the operation and 
 77.2   maintenance of regional park and open space systems.  
 77.3   The metropolitan council commissioner of natural resources shall 
 77.4   annually report to the legislature the amount distributed to 
 77.5   each implementing agency and its estimate of the percentage of 
 77.6   operation and maintenance expenditures paid for with operation 
 77.7   and maintenance money. 
 77.8      Subd. 3.  [ALLOCATION FORMULA.] By July 1 of every year 
 77.9   each implementing agency must submit to the metropolitan parks 
 77.10  and open space commission commissioner a statement of the next 
 77.11  annual anticipated operation and maintenance expenditures of the 
 77.12  regional recreation open space parks systems within their 
 77.13  respective jurisdictions and the previous year's actual 
 77.14  expenditures.  After reviewing the actual expenditures submitted 
 77.15  and by July 15 of each year, the parks and open space commission 
 77.16  shall forward to the metropolitan council the funding requests 
 77.17  from the implementing agencies based on the actual expenditures 
 77.18  made.  The metropolitan council commissioner shall distribute 
 77.19  the operation and maintenance money as follows: 
 77.20     (1) 40 percent based on the use that each implementing 
 77.21  agency's regional recreation open space system has in proportion 
 77.22  to the total use of the metropolitan regional recreation open 
 77.23  space system; 
 77.24     (2) 40 percent based on the operation and maintenance 
 77.25  expenditures made in the previous year by each implementing 
 77.26  agency in proportion to the total operation and maintenance 
 77.27  expenditures of all of the implementing agencies; and 
 77.28     (3) 20 percent based on the acreage that each implementing 
 77.29  agency's regional recreation open space system has in proportion 
 77.30  to the total acreage of the metropolitan regional recreation 
 77.31  open space system.  The 80 percent natural resource management 
 77.32  land acreage of the park reserves must be divided by four in 
 77.33  calculating the distribution under this clause. 
 77.34     Each implementing agency must receive no less than 40 
 77.35  percent of its actual operation and maintenance expenses to be 
 77.36  incurred in the current calendar year budget as submitted to the 
 78.1   parks and open space commission.  If the available operation and 
 78.2   maintenance money is less than the total amount determined by 
 78.3   the formula including the preceding, the implementing agencies 
 78.4   will share the available money in proportion to the amounts they 
 78.5   would otherwise be entitled to under the formula. 
 78.6      Subd. 4.  [IMPLEMENTING AGENCY CONTROL.] This section does 
 78.7   not affect, change, alter, transfer, or modify the governance, 
 78.8   administration, jurisdiction, or control of the implementing 
 78.9   agencies over the parks, water, lands, and facilities they 
 78.10  presently or in the future may administer, govern, or control, 
 78.11  nor the employment relationship between the implementing 
 78.12  agencies and their present and future employees. 
 78.13     Subd. 6.  [RESTRICTION.] A metropolitan area regional park 
 78.14  receiving grant money for maintenance and operation costs must 
 78.15  agree: 
 78.16     (1) to sell or promote licenses, passes, or registrations 
 78.17  required to engage in recreational activities appropriate to the 
 78.18  park or the site of the park when a building on the park site is 
 78.19  staffed and open to the public; and 
 78.20     (2) to provide drinking water supplies adequate for the 
 78.21  recreational uses of the park.  Each implementing agency must 
 78.22  consult with groups representing users of its parks to determine 
 78.23  the adequacy of drinking water supplies. 
 78.24     Sec. 10.  [BONDS.] 
 78.25     Bonds authorized by Minnesota Statutes, sections 473.325 
 78.26  and 473.326 that are outstanding on the effective date of this 
 78.27  article must be paid and retired according to those sections and 
 78.28  the terms of the bonds.  The auditors of the metropolitan 
 78.29  counties shall see to the administration of this section. 
 78.30     Sec. 11.  [SUCCESSORS; ASSET ALLOCATION.] 
 78.31     (a) The implementing agency as defined in Minnesota 
 78.32  Statutes, section 473.351, or if none, the municipality, as 
 78.33  defined in Minnesota Statutes, section 473.301, in which is 
 78.34  located park or open space land owned by the metropolitan 
 78.35  council or the metropolitan parks and open space commission on 
 78.36  the effective date of this article, is the successor to all 
 79.1   right, title, and interest in the park or open space. 
 79.2      (b) Assets of the metropolitan council or metropolitan 
 79.3   parks and open space commission attributable to the regional 
 79.4   recreation open space systems defined in Minnesota Statutes, 
 79.5   section 473.351, shall be allocated to those implementing 
 79.6   agencies or municipalities by the commissioner of natural 
 79.7   resources using the allocation formula in Minnesota Statutes, 
 79.8   section 473.351. 
 79.9      Sec. 12.  [TAX EQUIVALENTS.] 
 79.10     If tax equivalents under Minnesota Statutes, section 
 79.11  473.341, are owed by an implementing agency as defined in 
 79.12  Minnesota Statutes, section 473.351, to a municipality as 
 79.13  defined in Minnesota Statutes, section 473.301, that is not an 
 79.14  implementing agency, on the termination of a life estate, the 
 79.15  implementing agency must make the payment. 
 79.16     Sec. 13.  [REPEALER.] 
 79.17     Minnesota Statutes 1996, sections 473.121, subdivision 12; 
 79.18  473.302; 473.303; 473.315, subdivision 2; 473.325; 473.326; and 
 79.19  473.333, are repealed. 
 79.20     Sec. 14.  [EFFECTIVE DATE.] 
 79.21     This article is effective July 1, 1998. 
 79.22                             ARTICLE 3
 79.23                           TRANSPORTATION
 79.24     Section 1.  Minnesota Statutes 1996, section 117.57, 
 79.25  subdivision 3, is amended to read: 
 79.26     Subd. 3.  [RELATION TO REGIONAL RAILROAD AUTHORITIES.] An 
 79.27  authority shall not be adjudged to have a superior public use to 
 79.28  that of a regional railroad authority as defined in section 
 79.29  398A.01, a railroad property which has been identified and 
 79.30  approved as a light rail corridor by the former metropolitan 
 79.31  council under chapter 473, or a state trail covered by section 
 79.32  85.015. 
 79.33     Sec. 2.  Minnesota Statutes 1996, section 160.265, 
 79.34  subdivision 1, is amended to read: 
 79.35     Subdivision 1.  [STATE BIKEWAYS.] The commissioner of 
 79.36  transportation shall establish a program for the development of 
 80.1   bikeways primarily on existing road rights-of-way.  The program 
 80.2   shall include a system of bikeways to be established, developed, 
 80.3   maintained, and operated by the commissioner of transportation 
 80.4   and a system of state grants for the development of local 
 80.5   bikeways primarily on existing road rights-of-way.  The program 
 80.6   shall be coordinated with the local park trail grant program 
 80.7   pursuant to section 85.019, with the bicycle trail program 
 80.8   established by the commissioner of natural resources pursuant to 
 80.9   section 85.016, with the development of the statewide 
 80.10  transportation plan pursuant to section 174.03, and with 
 80.11  existing and proposed local bikeways.  In the metropolitan area 
 80.12  as defined in section 473.121, the program shall be developed in 
 80.13  accordance with plans and priorities established by the 
 80.14  metropolitan council office of strategic and long-range planning.
 80.15  The program shall be developed after consultation with the state 
 80.16  trail council, local units of government, and bicyclist 
 80.17  organizations.  The program shall be administered in accordance 
 80.18  with the provisions of sections 160.262 to 160.264 and standards 
 80.19  promulgated pursuant thereto.  The commissioner shall compile 
 80.20  and maintain a current registry of bikeways in the state and 
 80.21  shall publish and distribute the information contained in the 
 80.22  registry in a form and manner suitable to assist persons wishing 
 80.23  to use the bikeways.  The metropolitan council office of 
 80.24  strategic and long-range planning, the commissioner of natural 
 80.25  resources, the commissioner of trade and economic development, 
 80.26  the Minnesota historical society, and local units of government 
 80.27  shall cooperate with and assist the commissioner of 
 80.28  transportation in preparing the registry.  The commissioner 
 80.29  shall have all powers necessary and convenient to establish the 
 80.30  program pursuant to this section including but not limited to 
 80.31  the authority to adopt rules pursuant to chapter 14. 
 80.32     Sec. 3.  Minnesota Statutes 1996, section 161.17, 
 80.33  subdivision 2, is amended to read: 
 80.34     Subd. 2.  [INTERSTATE SYSTEM.] It is hereby declared that 
 80.35  construction of the interstate system of highways will vitally 
 80.36  affect the future development of the cities through which these 
 81.1   routes pass and such municipalities should have an important 
 81.2   role in the development of this highway system; that on the 
 81.3   other hand the future planning and programming of construction 
 81.4   projects over a period of years is necessary to take maximum 
 81.5   advantage of federal aid and to build a unified and coordinated 
 81.6   interstate system; that excessive delay in local approval of 
 81.7   plans for construction of one segment may seriously impede 
 81.8   completion of the entire system and adversely affect other 
 81.9   municipalities along the interstate routes; that the mutual 
 81.10  exchange of information and close cooperation between the 
 81.11  department and local governing bodies should be encouraged by 
 81.12  improved administrative processes for securing orderly review of 
 81.13  plans and the resolution of differences over interstate routes 
 81.14  and projects; and that the provisions of sections 161.171 to 
 81.15  161.177 for local approval of trunk highway plans must be 
 81.16  modified for the interstate highway system in the light of these 
 81.17  various considerations.  Before proceeding with the preparation 
 81.18  of the final plans for the construction, reconstruction, or 
 81.19  improvement of any route on the interstate system lying within 
 81.20  any city, the commissioner shall submit to its governing body 
 81.21  preliminary plans covering the route location.  The preliminary 
 81.22  plans shall be submitted as part of a report containing such 
 81.23  supporting data that the commissioner deems helpful to the 
 81.24  governing body in appraising the plans submitted. 
 81.25     Any public hearing on location of an interstate route held 
 81.26  in compliance with federal requirements shall be held at least 
 81.27  one month after submission to the governing body of the report 
 81.28  provided for in this subdivision.  After the public hearing and 
 81.29  on preparing final plans, the commissioner shall submit the 
 81.30  final plans to the governing body for approval.  If the 
 81.31  governing body does not approve the final plans within three 
 81.32  months after submitted, the commissioner may refer the plans to 
 81.33  (1) the Twin Cities Metropolitan Area Planning Commission office 
 81.34  of strategic and long-range planning, if the project is within 
 81.35  the metropolitan area of its jurisdiction as defined in section 
 81.36  473.121, subdivision 2, or (2) the municipal advisory committee 
 82.1   on state-aid rules established under section 162.09, subdivision 
 82.2   2, if the project is elsewhere in the state.  If a member of the 
 82.3   advisory committee is from the municipality concerned that 
 82.4   member shall be excused.  If the plans are so referred, the 
 82.5   commission or committee shall give the commissioner and the 
 82.6   governing body ample opportunity to present the case for or 
 82.7   against approval of the plans so referred.  Not later than three 
 82.8   months after such hearings and independent study as it deems 
 82.9   desirable, it shall approve or disapprove such plans, making 
 82.10  such additional recommendations consistent with state and 
 82.11  federal requirements as it deems appropriate, and it shall 
 82.12  submit a written report containing its findings and 
 82.13  recommendations to the commissioner and the governing body.  The 
 82.14  commissioner shall not proceed with the proposed construction, 
 82.15  reconstruction, or improvement except in accordance with plans 
 82.16  approved by the governing body or, if referred to the commission 
 82.17  or committee, until after the commission or committee has made 
 82.18  its report, and then only after the governing body has had an 
 82.19  additional 90 days within which to consider the plans originally 
 82.20  submitted or such modified plans as may be submitted to it by 
 82.21  the commissioner following the report of the commission or 
 82.22  committee.  If within such 90-day period, the governing body 
 82.23  does not approve the plans submitted to it, and if the 
 82.24  commissioner then wishes to proceed with the project according 
 82.25  to plans differing substantially from the plans recommended by 
 82.26  the commission or committee in its report, the commissioner 
 82.27  shall, before proceeding with the project, file a written report 
 82.28  with the commission or committee and the governing body stating 
 82.29  fully the reasons for doing so.  Whenever plans are referred to 
 82.30  the Twin Cities Metropolitan Area Planning Commission office of 
 82.31  strategic and long-range planning, the commission office shall 
 82.32  be reimbursed from the trunk highway fund for actual and 
 82.33  necessary expenses incurred by the commission in staff work 
 82.34  incident to consideration of plans and action thereon by the 
 82.35  commission.  Whenever plans are referred to the advisory 
 82.36  committee on rules, members of the committee shall be paid their 
 83.1   necessary expenses to the same extent and in the same manner as 
 83.2   for its duties in considering the commissioner's rules.  
 83.3      Sec. 4.  Minnesota Statutes 1996, section 161.171, 
 83.4   subdivision 5, is amended to read: 
 83.5      Subd. 5.  [METROPOLITAN AREA.] "Metropolitan area" includes 
 83.6   the counties of Anoka, Carver, Dakota, Hennepin, Ramsey, Scott, 
 83.7   and Washington, presently under the jurisdiction, for 
 83.8   metropolitan area planning and coordination purposes, of the 
 83.9   metropolitan council established office of strategic and 
 83.10  long-range planning pursuant to chapter 473, which 
 83.11  council office is hereinafter referred to as "agency". 
 83.12     Sec. 5.  Minnesota Statutes 1996, section 161.173, is 
 83.13  amended to read: 
 83.14     161.173 [SUBMISSION OF CORRIDOR PROPOSAL.] 
 83.15     The commissioner shall submit to the governing body of each 
 83.16  municipality wherein a trunk highway is proposed to be 
 83.17  constructed or improved, and to the governing body of each 
 83.18  municipality adjacent to any such municipality, a report 
 83.19  containing:  a statement of the need for this proposed 
 83.20  construction or improvement, a description of alternate routes 
 83.21  which were considered by the commissioner and an explanation of 
 83.22  the advantages and disadvantages in the selection of any route 
 83.23  considered.  The report shall also contain for each alternate, 
 83.24  the following information:  general alignment and profile, 
 83.25  approximate points of access, highway classification, an 
 83.26  approximate cost estimate, relation to existing and planned 
 83.27  regional and local development and to other transportation 
 83.28  routes and facilities, and a statement of the expected general 
 83.29  effect on present and future use of the property within the 
 83.30  corridor.  Where a state trunk highway is proposed to be 
 83.31  constructed or improved within the metropolitan area, a copy of 
 83.32  the report shall also be submitted to the metropolitan 
 83.33  council office of strategic and long-range planning.  In all 
 83.34  areas of the state a copy of the report shall be sent to 
 83.35  established regional, county and municipal planning commissions 
 83.36  in the area affected by the highway project.  Not less than 45 
 84.1   nor more than 90 days, or as otherwise mutually agreed, after 
 84.2   the report has been submitted, the commissioner shall hold a 
 84.3   public hearing on the proposed highway construction or 
 84.4   improvement at such time and place within any municipality 
 84.5   wherein a portion of the proposed construction or improvement is 
 84.6   located, as the commissioner shall determine.  Not less than 30 
 84.7   days before the hearing the commissioner shall mail notice 
 84.8   thereof to the governing body of each municipality or agency 
 84.9   entitled to receive a copy of the report, and shall cause notice 
 84.10  of the hearing to be published at least once each week for two 
 84.11  successive weeks in a newspaper or newspapers having general 
 84.12  circulation in such municipalities, the second publication to be 
 84.13  not less than five days before the date of the hearing.  The 
 84.14  notice shall state the date, time, place and purpose of the 
 84.15  hearing, shall describe the proposed or actual general location 
 84.16  of the highway to be constructed or improved, and shall state 
 84.17  where the report may be inspected prior to the hearing by any 
 84.18  interested person.  The hearing shall be conducted by the 
 84.19  commissioner or the commissioner's designee, and shall be 
 84.20  transcribed and a record thereof mailed to each municipality or 
 84.21  agency entitled to receive a copy of the report.  All interested 
 84.22  persons shall be permitted to present their views on the 
 84.23  proposed highway construction or improvement.  The hearing may 
 84.24  be continued as often as necessary.  Within 120 days after the 
 84.25  hearing is completed, the governing body of each municipality or 
 84.26  agency entitled to receive a copy of the report shall submit to 
 84.27  the commissioner its approval or disapproval of the report.  If 
 84.28  all or any part of the report is disapproved, the municipality 
 84.29  or agency shall state the reasons for such disapproval and 
 84.30  suggested changes in the report.  The commissioner shall, before 
 84.31  preparing additional plans for the proposed highway construction 
 84.32  or improvement, submit to the governing body of each 
 84.33  municipality or agency disapproving the report, a statement 
 84.34  accepting or rejecting any suggested changes and the reasons for 
 84.35  acceptance or rejection. 
 84.36     Sec. 6.  Minnesota Statutes 1996, section 161.174, is 
 85.1   amended to read: 
 85.2      161.174 [SUBMISSION OF LAYOUT PLANS.] 
 85.3      The commissioner shall submit to the governing body of each 
 85.4   municipality wherein a highway is proposed to be constructed or 
 85.5   improved, a proposed layout plan for the highway construction or 
 85.6   improvement containing:  the proposed location, elevation, width 
 85.7   and geometrics of the construction or improvement, together with 
 85.8   a statement of the reasons therefor.  Said plan shall also 
 85.9   contain:  approximate right-of-way limits; a tentative schedule 
 85.10  for right-of-way acquisition, if known; proposed access points; 
 85.11  frontage roads; separation structures and interchanges; location 
 85.12  of utilities, when known; landscaping, illumination, a tentative 
 85.13  construction schedule, if known; and the estimated cost of the 
 85.14  construction or improvement.  The commissioner shall submit more 
 85.15  than one layout plan.  Each such plan shall also be submitted to 
 85.16  the metropolitan council office of strategic and long-range 
 85.17  planning if any portion of the proposed highway construction or 
 85.18  improvement is located in the metropolitan area.  In all areas 
 85.19  of the state a copy of the layout plan shall be sent to 
 85.20  established regional, county and municipal planning commissions 
 85.21  in the area affected by the highway project.  Not less than 90 
 85.22  nor more than 120 days after said plan has been submitted, the 
 85.23  commissioner shall hold a public hearing on the proposed highway 
 85.24  construction or improvement at such time and place within any 
 85.25  municipality wherein a portion of the construction or 
 85.26  improvement is located, as the commissioner shall determine.  
 85.27  The hearing shall be noticed, held and conducted in the manner 
 85.28  provided in section 161.173, except that the commissioner shall 
 85.29  mail notice of the hearing only to those municipalities and 
 85.30  agencies entitled to receive a copy of the layout plan.  The 
 85.31  hearing shall be transcribed and a record thereof made available 
 85.32  to each municipality or agency entitled to receive a copy of 
 85.33  said plan.  Within 180 days after the hearing is completed, the 
 85.34  commissioner shall formally adopt a layout plan.  A copy of the 
 85.35  layout plan as adopted shall be submitted to each municipality 
 85.36  or agency entitled to receive a copy of the proposed plan, 
 86.1   together with the reasons for any change in the plan as 
 86.2   presented at the hearing.  Within 120 days after the receipt of 
 86.3   the adopted layout plan, each such municipality or agency shall 
 86.4   submit to the commissioner its approval or disapproval of the 
 86.5   layout plan and the reasons for such disapproval, and proposed 
 86.6   alternatives, which may include a recommendation of no highway.  
 86.7   Such alternatives submitted by a municipality located within the 
 86.8   metropolitan area shall, upon request of the municipality, be 
 86.9   reviewed by the metropolitan council office of strategic and 
 86.10  long-range planning in order to determine whether such 
 86.11  alternatives are likely to meet minimum federal requirements.  
 86.12  The metropolitan council office is authorized to provide 
 86.13  whatever assistance it deems advisable to the submitting 
 86.14  municipality in order to assist it in arriving at an alternative 
 86.15  which meets minimum federal requirements.  If said plan or any 
 86.16  part thereof is not disapproved within such period, the 
 86.17  commissioner may proceed to prepare final construction plans and 
 86.18  specifications for the highway construction or improvement 
 86.19  consistent with the adopted layout plan, and may acquire the 
 86.20  necessary right-of-way.  If the layout plan or any part thereof 
 86.21  is disapproved by any municipality or agency, and the 
 86.22  commissioner determines to proceed with the plan without 
 86.23  modifications, the commissioner shall proceed in the manner 
 86.24  provided in section 161.175.  On determining to proceed with the 
 86.25  plan with modifications, the commissioner shall submit the 
 86.26  modified layout plan to the municipalities and agencies entitled 
 86.27  to receive the original layout plan in the manner described 
 86.28  above, for approval or disapproval by each such municipality or 
 86.29  agency within 60 days after receipt of the modified layout 
 86.30  plan.  If the modified layout plan or any part thereof is not 
 86.31  disapproved by any municipality or agency within 60 days after 
 86.32  its receipt, the commissioner may proceed to prepare final 
 86.33  construction plans and specifications consistent with the 
 86.34  modified layout plan, and may acquire the necessary 
 86.35  right-of-way.  If the modified plan is disapproved by any 
 86.36  municipality and the commissioner determines to proceed with the 
 87.1   plan without additional modification, the commissioner shall 
 87.2   proceed in the manner provided in section 161.175.  If the 
 87.3   layout plan is disapproved, either as originally submitted or as 
 87.4   modified and the commissioner does not act pursuant to section 
 87.5   161.175, within one year from the date of the completion of the 
 87.6   hearing, any objecting municipality entitled to receive a copy 
 87.7   of the layout plan by virtue of this section may invoke the 
 87.8   appellate procedure pursuant to section 161.175, in the same 
 87.9   manner as the same might be invoked by the commissioner.  In the 
 87.10  event the appellate procedure is invoked by either the 
 87.11  commissioner or the municipality, the commissioner shall hold a 
 87.12  public hearing prior to the appointment of an appeal board.  
 87.13  Such hearing shall be limited to the proposed alternative layout 
 87.14  plans. 
 87.15     Sec. 7.  Minnesota Statutes 1996, section 169.781, 
 87.16  subdivision 1, is amended to read: 
 87.17     Subdivision 1.  [DEFINITIONS.] For purposes of sections 
 87.18  169.781 to 169.783: 
 87.19     (a) "Commercial motor vehicle" means: 
 87.20     (1) a commercial motor vehicle as defined in section 
 87.21  169.01, subdivision 75, paragraph (a); and 
 87.22     (2) each vehicle in a combination of more than 26,000 
 87.23  pounds. 
 87.24     "Commercial motor vehicle" does not include (1) a school 
 87.25  bus or Head Start bus displaying a certificate under section 
 87.26  169.451, (2) a bus operated by the metropolitan council 
 87.27  department of transportation or by a local transit commission 
 87.28  created in chapter 458A, or (3) a motor vehicle with a gross 
 87.29  weight of not more than 26,000 pounds, carrying in bulk tanks a 
 87.30  total of not more than 200 gallons of petroleum products or 
 87.31  liquid fertilizer or pesticide. 
 87.32     (b) "Commissioner" means the commissioner of public safety. 
 87.33     (c) "Owner" means a person who owns, or has control, under 
 87.34  a lease of more than 30 days' duration, of one or more 
 87.35  commercial motor vehicles. 
 87.36     (d) "Storage semitrailer" means a semitrailer that (1) is 
 88.1   used exclusively to store property at a location not on a street 
 88.2   or highway, (2) does not contain any load when moved on a street 
 88.3   or highway, (3) is operated only during daylight hours, and (4) 
 88.4   is marked on each side of the semitrailer "storage only" in 
 88.5   letters at least six inches high. 
 88.6      (e) "Building mover vehicle" means a vehicle owned or 
 88.7   leased by a building mover as defined in section 221.81, 
 88.8   subdivision 1, paragraph (a), and used exclusively for moving 
 88.9   buildings. 
 88.10     Sec. 8.  Minnesota Statutes 1996, section 169.791, 
 88.11  subdivision 5, is amended to read: 
 88.12     Subd. 5.  [EXEMPTIONS.] Buses or other commercial vehicles 
 88.13  operated by the metropolitan council department of 
 88.14  transportation, commercial vehicles required to file proof of 
 88.15  insurance pursuant to chapter 221, and school buses as defined 
 88.16  in section 171.01, subdivision 21, are exempt from this section. 
 88.17     Sec. 9.  Minnesota Statutes 1996, section 169.792, 
 88.18  subdivision 11, is amended to read: 
 88.19     Subd. 11.  [EXEMPTIONS.] Buses or other commercial vehicles 
 88.20  operated by the metropolitan council department of 
 88.21  transportation, commercial vehicles required to file proof of 
 88.22  insurance pursuant to chapter 221, and school buses as defined 
 88.23  in section 171.01, subdivision 21, are exempt from this section. 
 88.24     Sec. 10.  Minnesota Statutes 1996, section 174.03, 
 88.25  subdivision 4, is amended to read: 
 88.26     Subd. 4.  [OTHER DUTIES.] The commissioner shall: 
 88.27     (a) Construct and maintain transportation facilities as 
 88.28  authorized by law; 
 88.29     (b) Cooperate with, and may provide technical and financial 
 88.30  assistance to, the metropolitan council office of strategic and 
 88.31  long-range planning and regional development commissions in the 
 88.32  regional transportation planning process, in accordance with 
 88.33  mutually acceptable terms and conditions; 
 88.34     (c) Cooperate with and may provide planning and technical 
 88.35  assistance upon the request of any political subdivision or 
 88.36  other governmental agency in accordance with mutually accepted 
 89.1   terms and conditions, except as otherwise restricted by law; and 
 89.2      (d) Develop, revise and monitor a statewide rail 
 89.3   transportation plan as part of the statewide transportation 
 89.4   planning process, including a study and evaluation of 
 89.5   alternative methods for insuring adequate and economical 
 89.6   transportation of agricultural commodities, supplies and other 
 89.7   goods to and from rural areas of the state.  The plan shall 
 89.8   include an analysis of rail lines in the state for the purpose 
 89.9   of determining:  (1) eligibility of rail lines for assistance 
 89.10  under federal and state rail assistance programs; (2) 
 89.11  eligibility of rail lines for inclusion in the state rail bank; 
 89.12  and (3) the actions required by the state to insure the 
 89.13  continuation of rail service that meets essential state needs 
 89.14  and objectives. 
 89.15     Sec. 11.  Minnesota Statutes 1996, section 174.03, 
 89.16  subdivision 5, is amended to read: 
 89.17     Subd. 5.  [REGIONAL TRANSPORTATION PLANNING.] The 
 89.18  metropolitan council office of strategic and long-range 
 89.19  planning, pursuant to section 473.146, and the regional 
 89.20  development commissions shall develop regional long-range 
 89.21  transportation policy plans in cooperation with the commissioner 
 89.22  and local units of government.  Upon promulgation of the 
 89.23  statewide transportation plan, and periodically as necessary 
 89.24  thereafter, each regional policy plan shall be reviewed and 
 89.25  amended, if necessary, by the appropriate regional agency to 
 89.26  insure that the regional policy plan is not in conflict with the 
 89.27  statewide transportation plan. 
 89.28     Sec. 12.  Minnesota Statutes 1996, section 174.031, 
 89.29  subdivision 3, is amended to read: 
 89.30     Subd. 3.  [STUDIES COMMISSIONED.] (a) On and after August 
 89.31  1, 1985, the commissioner shall enter into agreements with 
 89.32  regional development commissions by which the commissions will 
 89.33  conduct studies of highway jurisdiction in each region.  The 
 89.34  studies must include: 
 89.35     (1) the jurisdiction of each road in the region; 
 89.36     (2) criteria for changes in jurisdiction, based on the 
 90.1   commissioner's guidelines; 
 90.2      (3) jurisdictional changes actually made since January 1, 
 90.3   1985; 
 90.4      (4) recommended changes in jurisdiction based on the 
 90.5   criteria; 
 90.6      (5) changes in financial obligations resulting from the 
 90.7   recommended jurisdictional change, based on the commissioner's 
 90.8   guidelines; 
 90.9      (6) estimated effects of the recommended jurisdictional 
 90.10  changes on highway staffing needs of each level of government in 
 90.11  the region; and 
 90.12     (7) estimated effects of the recommended jurisdictional 
 90.13  changes on law enforcement on the affected roads. 
 90.14     (b) In development regions where no regional development 
 90.15  commission is functioning, or where a regional development 
 90.16  commission declines to enter into an agreement to perform a 
 90.17  jurisdiction study, the jurisdiction study must be organized by 
 90.18  a district office of the department of transportation as 
 90.19  designated by the commissioner.  A district office so designated 
 90.20  must act through the counties in the development region and 
 90.21  through other public agencies the commissioner directs.  For 
 90.22  purposes of this section the metropolitan council is a regional 
 90.23  development commission. 
 90.24     (c) The agreements must provide that each entity 
 90.25  undertaking a study under this subdivision must produce and 
 90.26  present to the commissioner, not later than July 31, 1987, a 
 90.27  jurisdiction proposal for the region.  Each jurisdiction 
 90.28  proposal must identify each instance where a proposed 
 90.29  jurisdictional change is based on a factor that deviates from 
 90.30  the commissioner's guidelines and explain the reasons for each 
 90.31  deviation. 
 90.32     (d) The commissioner shall pay not more than two-thirds of 
 90.33  the cost of each study. 
 90.34     Sec. 13.  Minnesota Statutes 1996, section 174.04, 
 90.35  subdivision 1, is amended to read: 
 90.36     Subdivision 1.  [REVIEW OF APPLICATION.] Any state agency 
 91.1   which receives an application from a regional development 
 91.2   commission, metropolitan council, public transit commission, 
 91.3   airport commission, port authority or other political 
 91.4   subdivision of the state, or any nonpublic organization, for 
 91.5   financial assistance for transportation planning, capital 
 91.6   expenditures or operations to any state or federal agency, shall 
 91.7   first submit the application to the commissioner of 
 91.8   transportation.  The commissioner shall review the application 
 91.9   to determine whether it contains matters that substantially 
 91.10  affect the statewide transportation plan and priorities.  If the 
 91.11  application does not contain such matters, the commissioner 
 91.12  shall within 15 days after receipt return the application to the 
 91.13  applicant political subdivision or nonpublic organization for 
 91.14  forwarding to the appropriate agency.  If the application 
 91.15  contains such matters, the commissioner shall review and comment 
 91.16  on the application as being consistent with the plan and 
 91.17  priorities.  The commissioner shall return the application 
 91.18  together with comments within 45 days after receipt to the 
 91.19  applicant political subdivision or nonpublic organization for 
 91.20  forwarding with the commissioner's comments to the appropriate 
 91.21  agency. 
 91.22     Sec. 14.  Minnesota Statutes 1996, section 174.04, 
 91.23  subdivision 2, is amended to read: 
 91.24     Subd. 2.  [DESIGNATED AGENT.] A regional development 
 91.25  commission, metropolitan council, public transit commission, 
 91.26  airport commission, port authority, or any other political 
 91.27  subdivision of the state, or any nonpublic organization, may 
 91.28  designate the commissioner as its agent to receive and disburse 
 91.29  funds by entering into an agreement with the commissioner 
 91.30  prescribing the terms and conditions of the receipt and 
 91.31  expenditure of the funds in accordance with federal and state 
 91.32  laws, rules, and regulations. 
 91.33     Sec. 15.  Minnesota Statutes 1996, section 174.32, 
 91.34  subdivision 2, is amended to read: 
 91.35     Subd. 2.  [TRANSIT ASSISTANCE FUND; DISTRIBUTION.] The 
 91.36  transit assistance fund receives money distributed under section 
 92.1   297B.09.  Eighty percent of the receipts of the fund must be 
 92.2   placed into a metropolitan account for distribution to 
 92.3   recipients located in the metropolitan area and 20 percent into 
 92.4   a separate account for distribution to recipients located 
 92.5   outside of the metropolitan area.  Except as otherwise provided 
 92.6   in this subdivision, the metropolitan council is responsible for 
 92.7   distributing assistance from the metropolitan account, and the 
 92.8   commissioner is responsible for distributing assistance from the 
 92.9   other account. 
 92.10     Sec. 16.  Minnesota Statutes 1996, section 174.50, 
 92.11  subdivision 4, is amended to read: 
 92.12     Subd. 4.  [CERTIFICATION AND DISBURSAL FOR STATE PROJECTS.] 
 92.13  Before disbursement of an appropriation made from the fund to 
 92.14  the commissioner of transportation or any other officer or 
 92.15  agency of the state the commissioner shall certify to the 
 92.16  commissioner of finance that the project for which the funds are 
 92.17  appropriated has been reviewed by the proper regional 
 92.18  development commission or the metropolitan council office of 
 92.19  strategic and long-range planning as the case may be, for 
 92.20  consistency with the long-term comprehensive development plans 
 92.21  and guides for which that agency is responsible. 
 92.22     Sec. 17.  Minnesota Statutes 1996, section 216C.15, 
 92.23  subdivision 1, is amended to read: 
 92.24     Subdivision 1.  [PRIORITIES AND REQUIREMENTS.] The 
 92.25  commissioner shall maintain an emergency conservation and 
 92.26  allocation plan.  The plan shall provide a variety of strategies 
 92.27  and staged conservation measures to reduce energy use and in the 
 92.28  event of an energy supply emergency, shall establish guidelines 
 92.29  and criteria for allocation of fuels to priority users.  The 
 92.30  plan shall contain alternative conservation actions and 
 92.31  allocation plans to reasonably meet various foreseeable shortage 
 92.32  circumstances and allow a choice of appropriate responses.  The 
 92.33  plan shall be consistent with requirements of federal emergency 
 92.34  energy conservation and allocation laws and regulations, shall 
 92.35  be based on reasonable energy savings or transfers from scarce 
 92.36  energy resources and shall: 
 93.1      (a) give priority to individuals, institutions, 
 93.2   agriculture, businesses, and public transit under contract with 
 93.3   the commissioner of transportation or the metropolitan council 
 93.4   which demonstrate they have engaged in energy-saving measures 
 93.5   and shall include provisions to insure that: 
 93.6      (1) immediate allocations to individuals, institutions, 
 93.7   agriculture, businesses, and public transit be based on needs at 
 93.8   energy conservation levels; 
 93.9      (2) successive allocations to individuals, institutions, 
 93.10  agriculture, businesses, and public transit be based on needs 
 93.11  after implementation of required action to increase energy 
 93.12  conservation; and 
 93.13     (3) needs of individuals, institutions, and public transit 
 93.14  are adjusted to insure the health and welfare of the young, old 
 93.15  and infirm; 
 93.16     (b) insure maintenance of reasonable job safety conditions 
 93.17  and avoid environmental sacrifices; 
 93.18     (c) establish programs, controls, standards, priorities or 
 93.19  quotas for the allocation, conservation and consumption of 
 93.20  energy resources; and for the suspension and modification of 
 93.21  existing standards and the establishment of new standards 
 93.22  affecting or affected by the use of energy resources, including 
 93.23  those related to the type and composition of energy sources, and 
 93.24  to the hours and days during which public buildings, commercial 
 93.25  and industrial establishments, and other energy consuming 
 93.26  facilities may or are required to remain open; 
 93.27     (d) establish programs to control the use, sale or 
 93.28  distribution of commodities, materials, goods or services; 
 93.29     (e) establish regional programs and agreements for the 
 93.30  purpose of coordinating the energy resources, programs and 
 93.31  actions of the state with those of the federal government, of 
 93.32  local governments, and of other states and localities; 
 93.33     (f) determine at what level of an energy supply emergency 
 93.34  situation the pollution control agency shall be requested to ask 
 93.35  the governor to petition the president for a temporary emergency 
 93.36  suspension of air quality standards as required by the Clean Air 
 94.1   Act, United States Code, title 42, section 7410f; and 
 94.2      (g) establish procedures for fair and equitable review of 
 94.3   complaints and requests for special exemptions regarding 
 94.4   emergency conservation measures or allocations. 
 94.5      Sec. 18.  Minnesota Statutes 1996, section 221.022, is 
 94.6   amended to read: 
 94.7      221.022 [EXCEPTION.] 
 94.8      The powers granted to the board under sections 221.011 to 
 94.9   221.296 do not include the power to regulate any service or 
 94.10  vehicles operated by the metropolitan council department of 
 94.11  transportation or to regulate passenger transportation service 
 94.12  provided under contract to the department or the metropolitan 
 94.13  council.  A provider of passenger transportation service under 
 94.14  contract to the department or the metropolitan council may not 
 94.15  provide charter service without first having obtained a permit 
 94.16  to operate as a charter carrier. 
 94.17     Sec. 19.  Minnesota Statutes 1996, section 221.025, is 
 94.18  amended to read: 
 94.19     221.025 [EXEMPTIONS.] 
 94.20     The provisions of this chapter requiring a certificate or 
 94.21  permit to operate as a motor carrier do not apply to the 
 94.22  intrastate transportation described below:  
 94.23     (a) the transportation of students to or from school or 
 94.24  school activities in a school bus inspected and certified under 
 94.25  section 169.451 and the transportation of children or parents to 
 94.26  or from a Head Start facility or Head Start activity in a Head 
 94.27  Start bus inspected and certified under section 169.451; 
 94.28     (b) the transportation of solid waste, as defined in 
 94.29  section 116.06, subdivision 22, including recyclable materials 
 94.30  and waste tires, except that the term "hazardous waste" has the 
 94.31  meaning given it in section 221.011, subdivision 31; 
 94.32     (c) a commuter van as defined in section 221.011, 
 94.33  subdivision 27; 
 94.34     (d) authorized emergency vehicles as defined in section 
 94.35  169.01, subdivision 5, including ambulances; and tow trucks 
 94.36  equipped with proper and legal warning devices when picking up 
 95.1   and transporting (1) disabled or wrecked motor vehicles or (2) 
 95.2   vehicles towed or transported under a towing order issued by a 
 95.3   public employee authorized to issue a towing order; 
 95.4      (e) the transportation of grain samples under conditions 
 95.5   prescribed by the board; 
 95.6      (f) the delivery of agricultural lime; 
 95.7      (g) the transportation of dirt and sod within an area 
 95.8   having a 50-mile radius from the home post office of the person 
 95.9   performing the transportation; 
 95.10     (h) the transportation of sand, gravel, bituminous asphalt 
 95.11  mix, concrete ready mix, concrete blocks or tile and the mortar 
 95.12  mix to be used with the concrete blocks or tile, or crushed rock 
 95.13  to or from the point of loading or a place of gathering within 
 95.14  an area having a 50-mile radius from that person's home post 
 95.15  office or a 50-mile radius from the site of construction or 
 95.16  maintenance of public roads and streets; 
 95.17     (i) the transportation of pulpwood, cordwood, mining 
 95.18  timber, poles, posts, decorator evergreens, wood chips, sawdust, 
 95.19  shavings, and bark from the place where the products are 
 95.20  produced to the point where they are to be used or shipped; 
 95.21     (j) the transportation of fresh vegetables from farms to 
 95.22  canneries or viner stations, from viner stations to canneries, 
 95.23  or from canneries to canneries during the harvesting, canning, 
 95.24  or packing season, or transporting sugar beets, wild rice, or 
 95.25  rutabagas from the field of production to the first place of 
 95.26  delivery or unloading, including a processing plant, warehouse, 
 95.27  or railroad siding; 
 95.28     (k) the transportation of property or freight, other than 
 95.29  household goods and petroleum products in bulk, entirely within 
 95.30  the corporate limits of a city or between contiguous cities 
 95.31  except as provided in section 221.296; 
 95.32     (l) the transportation of unprocessed dairy products in 
 95.33  bulk within an area having a 100-mile radius from the home post 
 95.34  office of the person providing the transportation; 
 95.35     (m) the transportation of agricultural, horticultural, 
 95.36  dairy, livestock, or other farm products within an area having a 
 96.1   25-mile radius from the person's home post office and the 
 96.2   carrier may transport other commodities within the 25-mile 
 96.3   radius if the destination of each haul is a farm; 
 96.4      (n) passenger transportation service that is not charter 
 96.5   service and that is under contract to and with operating 
 96.6   assistance from the department or the metropolitan council; 
 96.7      (o) the transportation of newspapers, as defined in section 
 96.8   331A.01, subdivision 5, telephone books, handbills, circulars, 
 96.9   or pamphlets in a vehicle with a gross vehicle weight of 10,000 
 96.10  pounds or less; and 
 96.11     (p) transportation of potatoes from the field of 
 96.12  production, or a storage site owned or otherwise controlled by 
 96.13  the producer, to the first place of processing. 
 96.14     The exemptions provided in this section apply to a person 
 96.15  only while the person is exclusively engaged in exempt 
 96.16  transportation. 
 96.17     Sec. 20.  Minnesota Statutes 1996, section 221.031, 
 96.18  subdivision 3a, is amended to read: 
 96.19     Subd. 3a.  [CONTRACTORS OR RECIPIENTS OF TRANSPORTATION 
 96.20  ASSISTANCE.] Notwithstanding subdivision 3, providers of 
 96.21  passenger transportation service under contract to and with 
 96.22  operating assistance from the department or the metropolitan 
 96.23  council must comply with rules for driver qualifications; 
 96.24  driving of motor vehicles; parts and accessories necessary for 
 96.25  safe operation; hours of service of drivers; inspection, repair, 
 96.26  and maintenance; and the rules adopted in section 221.0314, 
 96.27  subdivision 8, for accident reporting.  
 96.28     This subdivision does not apply to (1) a local transit 
 96.29  commission, (2) a transit authority created by the legislature, 
 96.30  (3) special transportation service certified by the commissioner 
 96.31  under section 174.30, or (4) special transportation service 
 96.32  defined in section 174.29, subdivision 1, when provided by a 
 96.33  volunteer driver operating a private passenger vehicle defined 
 96.34  in section 169.01, subdivision 3a. 
 96.35     Sec. 21.  Minnesota Statutes 1996, section 221.041, 
 96.36  subdivision 4, is amended to read: 
 97.1      Subd. 4.  [NONAPPLICABILITY.] This section does not apply 
 97.2   to any regular route passenger transportation in the 
 97.3   metropolitan area being performed with operating assistance 
 97.4   provided by the metropolitan council department. 
 97.5      Sec. 22.  Minnesota Statutes 1996, section 221.071, 
 97.6   subdivision 1, is amended to read: 
 97.7      Subdivision 1.  [CONSIDERATIONS; TEMPORARY CERTIFICATES; 
 97.8   AMENDING.] If the board finds from the evidence that the 
 97.9   petitioner is fit and able to properly perform the services 
 97.10  proposed and that public convenience and necessity require the 
 97.11  granting of the petition or a part of the petition, it shall 
 97.12  issue a certificate of public convenience and necessity to the 
 97.13  petitioner.  In determining whether a certificate should be 
 97.14  issued, the board shall give primary consideration to the 
 97.15  interests of the public that might be affected, to the 
 97.16  transportation service being furnished by a railroad which may 
 97.17  be affected by the granting of the certificate, and to the 
 97.18  effect which the granting of the certificate will have upon 
 97.19  other transportation service essential to the communities which 
 97.20  might be affected by the granting of the certificate.  The board 
 97.21  may issue a certificate as applied for or issue it for a part 
 97.22  only of the authority sought and may attach to the authority 
 97.23  granted terms and conditions as in its judgment public 
 97.24  convenience and necessity may require.  If the petitioner is 
 97.25  seeking authority to operate regular route transit service 
 97.26  wholly within the seven-county metropolitan area with operating 
 97.27  assistance provided by the metropolitan council department, the 
 97.28  board shall consider only whether the petitioner is fit and able 
 97.29  to perform the proposed service.  The operating authority 
 97.30  granted to such a petitioner must be the operating authority for 
 97.31  which the petitioner is receiving operating assistance from the 
 97.32  metropolitan council department.  A carrier in the metropolitan 
 97.33  area receiving operating assistance from the metropolitan 
 97.34  council department may amend the certificate to provide for 
 97.35  additional routes by filing a copy of the amendment with the 
 97.36  board, and approval of the amendment by the board is not 
 98.1   required if the additional service is provided with operating 
 98.2   assistance from the metropolitan council department. 
 98.3      The board may grant a temporary certificate, ex parte, 
 98.4   valid for a period not exceeding 180 days, upon a showing that 
 98.5   no regular route common carrier or petroleum carrier is then 
 98.6   authorized to serve on the route sought, that no other petition 
 98.7   is on file with the board covering the route, and that a need 
 98.8   for the proposed service exists. 
 98.9      A certificate may be amended by the board on ex parte 
 98.10  petition and payment of a $25 fee to the commissioner, to grant 
 98.11  an additional or alternate route if there is no other means of 
 98.12  transportation over the proposed additional route or between its 
 98.13  termini, and the proposed additional route does not exceed ten 
 98.14  miles in length. 
 98.15     Sec. 23.  Minnesota Statutes 1996, section 221.295, is 
 98.16  amended to read: 
 98.17     221.295 [NOTICE TO METROPOLITAN COUNCIL OFFICE OF STRATEGIC 
 98.18  AND LONG-RANGE PLANNING.] 
 98.19     Notwithstanding any provision of any statute to the 
 98.20  contrary, the metropolitan council office of strategic and 
 98.21  long-range planning must be notified by the commissioner of any 
 98.22  matter affecting public transit or an existing or proposed 
 98.23  transit system within the seven-county metropolitan area, which 
 98.24  matter is formally or informally before the commissioner or 
 98.25  board for action or which is under study, including the 
 98.26  initiation of any request for action or study and prior to any 
 98.27  hearings on other proceedings, whether ex parte or otherwise.  
 98.28  Notification must in all cases be given in a manner, at such 
 98.29  time, and with such information and data available to the 
 98.30  commissioner or board as to enable the metropolitan council 
 98.31  office to meaningfully evaluate, participate in, and comment 
 98.32  upon the matter.  The commissioner or board shall not approve, 
 98.33  deny, or otherwise attempt to resolve or act upon the matter 
 98.34  until receipt of the comments and advice of the metropolitan 
 98.35  council office with respect thereto, but if none are received 
 98.36  they may act within 30 days after demand of the metropolitan 
 99.1   council office, or otherwise by mutual agreement.  If the 
 99.2   commissioner or board takes action in any way contrary to or 
 99.3   different from the comments and advice of the metropolitan 
 99.4   council office, they shall specifically state the reasons and 
 99.5   factual data for the action. 
 99.6      Sec. 24.  Minnesota Statutes 1996, section 352.01, 
 99.7   subdivision 2b, is amended to read: 
 99.8      Subd. 2b.  [EXCLUDED EMPLOYEES.] "State employee" does not 
 99.9   include: 
 99.10     (1) elective state officers; 
 99.11     (2) students employed by the University of Minnesota, the 
 99.12  state universities, and community colleges unless approved for 
 99.13  coverage by the board of regents, the state university board, or 
 99.14  the state board for community colleges, as the case may be; 
 99.15     (3) employees who are eligible for membership in the state 
 99.16  teachers retirement association except employees of the 
 99.17  department of children, families, and learning who have chosen 
 99.18  or may choose to be covered by the Minnesota state retirement 
 99.19  system instead of the teachers retirement association; 
 99.20     (4) employees of the University of Minnesota who are 
 99.21  excluded from coverage by action of the board of regents; 
 99.22     (5) officers and enlisted personnel in the national guard 
 99.23  and the naval militia who are assigned to permanent peacetime 
 99.24  duty and who under federal law are or are required to be members 
 99.25  of a federal retirement system; 
 99.26     (6) election officers; 
 99.27     (7) persons engaged in public work for the state but 
 99.28  employed by contractors when the performance of the contract is 
 99.29  authorized by the legislature or other competent authority; 
 99.30     (8) officers and employees of the senate and house of 
 99.31  representatives or a legislative committee or commission who are 
 99.32  temporarily employed; 
 99.33     (9) receivers, jurors, notaries public, and court employees 
 99.34  who are not in the judicial branch as defined in section 43A.02, 
 99.35  subdivision 25, except referees and adjusters employed by the 
 99.36  department of labor and industry; 
100.1      (10) patient and inmate help in state charitable, penal, 
100.2   and correctional institutions including the Minnesota veterans 
100.3   home; 
100.4      (11) persons employed for professional services where the 
100.5   service is incidental to regular professional duties and whose 
100.6   compensation is paid on a per diem basis; 
100.7      (12) employees of the Sibley House Association; 
100.8      (13) the members of any state board or commission who serve 
100.9   the state intermittently and are paid on a per diem basis; the 
100.10  secretary, secretary-treasurer, and treasurer of those boards if 
100.11  their compensation is $5,000 or less per year, or, if they are 
100.12  legally prohibited from serving more than three years; and the 
100.13  board of managers of the state agricultural society and its 
100.14  treasurer unless the treasurer is also its full-time secretary; 
100.15     (14) state troopers; 
100.16     (15) temporary employees of the Minnesota state fair 
100.17  employed on or after July 1 for a period not to extend beyond 
100.18  October 15 of that year; and persons employed at any time by the 
100.19  state fair administration for special events held on the 
100.20  fairgrounds; 
100.21     (16) emergency employees in the classified service; except 
100.22  that if an emergency employee, within the same pay period, 
100.23  becomes a provisional or probationary employee on other than a 
100.24  temporary basis, the employee shall be considered a "state 
100.25  employee" retroactively to the beginning of the pay period; 
100.26     (17) persons described in section 352B.01, subdivision 2, 
100.27  clauses (2) to (5); 
100.28     (18) temporary employees in the classified service, 
100.29  temporary employees in the unclassified service appointed for a 
100.30  definite period of not more than six months and employed less 
100.31  than six months in any one-year period and seasonal help in the 
100.32  classified service employed by the department of revenue; 
100.33     (19) trainee employees, except those listed in subdivision 
100.34  2a, clause (10); 
100.35     (20) persons whose compensation is paid on a fee basis; 
100.36     (21) state employees who in any year have credit for 12 
101.1   months service as teachers in the public schools of the state 
101.2   and as teachers are members of the teachers retirement 
101.3   association or a retirement system in St. Paul, Minneapolis, or 
101.4   Duluth; 
101.5      (22) employees of the adjutant general employed on an 
101.6   unlimited intermittent or temporary basis in the classified and 
101.7   unclassified service for the support of army and air national 
101.8   guard training facilities; 
101.9      (23) chaplains and nuns who are excluded from coverage 
101.10  under the federal Old Age, Survivors, Disability, and Health 
101.11  Insurance Program for the performance of service as specified in 
101.12  United States Code, title 42, section 410(a)(8)(A), as amended, 
101.13  if no irrevocable election of coverage has been made under 
101.14  section 3121(r) of the Internal Revenue Code of 1986, as amended 
101.15  through December 31, 1992; 
101.16     (24) examination monitors employed by departments, 
101.17  agencies, commissions, and boards to conduct examinations 
101.18  required by law; 
101.19     (25) persons appointed to serve as members of fact-finding 
101.20  commissions or adjustment panels, arbitrators, or labor referees 
101.21  under chapter 179; 
101.22     (26) temporary employees employed for limited periods under 
101.23  any state or federal program for training or rehabilitation 
101.24  including persons employed for limited periods from areas of 
101.25  economic distress except skilled and supervisory personnel and 
101.26  persons having civil service status covered by the system; 
101.27     (27) full-time students employed by the Minnesota 
101.28  historical society intermittently during part of the year and 
101.29  full-time during the summer months; 
101.30     (28) temporary employees, appointed for not more than six 
101.31  months, of the metropolitan council and of any of its statutory 
101.32  boards, if the board members are appointed by the metropolitan 
101.33  council; 
101.34     (29) persons employed in positions designated by the 
101.35  department of employee relations as student workers; 
101.36     (30) (29) members of trades employed by the successor to 
102.1   the metropolitan waste control commission with trade union 
102.2   pension plan coverage under a collective bargaining agreement 
102.3   first employed after June 1, 1977; 
102.4      (31) (30) persons employed in subsidized on-the-job 
102.5   training, work experience, or public service employment as 
102.6   enrollees under the federal Comprehensive Employment and 
102.7   Training Act after March 30, 1978, unless the person has as of 
102.8   the later of March 30, 1978, or the date of employment 
102.9   sufficient service credit in the retirement system to meet the 
102.10  minimum vesting requirements for a deferred annuity, or the 
102.11  employer agrees in writing on forms prescribed by the director 
102.12  to make the required employer contributions, including any 
102.13  employer additional contributions, on account of that person 
102.14  from revenue sources other than funds provided under the federal 
102.15  Comprehensive Employment and Training Act, or the person agrees 
102.16  in writing on forms prescribed by the director to make the 
102.17  required employer contribution in addition to the required 
102.18  employee contribution; 
102.19     (32) (31) off-duty peace officers while employed by the 
102.20  metropolitan council commissioner of transportation; 
102.21     (33) (32) persons who are employed as full-time police 
102.22  officers by the metropolitan council commissioner of 
102.23  transportation and as police officers are members of the public 
102.24  employees police and fire fund; 
102.25     (34) (33) persons who are employed as full-time 
102.26  firefighters by the department of military affairs and as 
102.27  firefighters are members of the public employees police and fire 
102.28  fund; 
102.29     (35) (34) foreign citizens with a work permit of less than 
102.30  three years, or an H-1b/JV visa valid for less than three years 
102.31  of employment, unless notice of extension is supplied which 
102.32  allows them to work for three or more years as of the date the 
102.33  extension is granted, in which case they are eligible for 
102.34  coverage from the date extended; and 
102.35     (36) (35) persons who are employed by the board of trustees 
102.36  of the Minnesota state colleges and universities and who elect 
103.1   to remain members of the public employees retirement association 
103.2   or the Minneapolis employees retirement fund, whichever applies, 
103.3   under section 136C.75. 
103.4      Sec. 25.  Minnesota Statutes 1996, section 352.03, 
103.5   subdivision 1, is amended to read: 
103.6      Subdivision 1.  [MEMBERSHIP OF BOARD; ELECTION; TERM.] The 
103.7   policy-making function of the system is vested in a board of 11 
103.8   members, who must be known as the board of directors.  This 
103.9   board shall consist of three members appointed by the governor, 
103.10  one of whom must be a constitutional officer or appointed state 
103.11  official and two of whom must be public members knowledgeable in 
103.12  pension matters, four state employees elected by state employees 
103.13  covered by the system excluding employees in categories 
103.14  specifically authorized to designate or elect a member by this 
103.15  subdivision, one employee of the transit operating division of 
103.16  the metropolitan transit commission or its successor agency 
103.17  designated by the executive committee of the labor organization 
103.18  that is the exclusive bargaining agent representing employees of 
103.19  the transit division, one member of the state patrol retirement 
103.20  fund elected by members of that fund at a time and in a manner 
103.21  fixed by the board, one employee covered by the correctional 
103.22  employees plan elected by employees covered by that plan, and 
103.23  one retired employee elected by disabled and retired employees 
103.24  of all plans administered by the system at a time and in a 
103.25  manner to be fixed by the board.  Two state employee members, 
103.26  whose terms of office begin on the first Monday in May after 
103.27  their election, must be elected biennially.  Elected members and 
103.28  the appointed member of the metropolitan council's department of 
103.29  transportation's office of metropolitan transit operations hold 
103.30  office for a term of four years, except the retired member whose 
103.31  term is two years, and until their successors are elected or 
103.32  appointed, and have qualified.  An employee of the system is not 
103.33  eligible for membership on the board of directors.  A state 
103.34  employee on leave of absence is not eligible for election or 
103.35  reelection to membership on the board of directors.  The term of 
103.36  any board member who is on leave for more than six months 
104.1   automatically ends on expiration of this period. 
104.2      Sec. 26.  Minnesota Statutes 1996, section 353.64, 
104.3   subdivision 7a, is amended to read: 
104.4      Subd. 7a.  [PENSION COVERAGE FOR CERTAIN METROPOLITAN 
104.5   TRANSIT POLICE OFFICERS.] A person who is employed as a 
104.6   full-time police officer on or after the first day of the first 
104.7   payroll period after July 1, 1993, by the metropolitan council 
104.8   commissioner of transportation and who is not eligible for 
104.9   coverage under the agreement with the Secretary of the federal 
104.10  Department of Health and Human Services making the provisions of 
104.11  the federal Old Age, Survivors, and Disability Insurance Act 
104.12  because the person's position is excluded from application under 
104.13  United States Code, sections 418(d)(5)(A) and 418(d)(8)(D), and 
104.14  under section 355.07, is a member of the public employees police 
104.15  and fire fund and is considered to be a police officer within 
104.16  the meaning of this section.  The metropolitan council employer 
104.17  shall deduct the employee contribution from the salary of each 
104.18  full-time police officer as required by section 353.65, 
104.19  subdivision 2, shall make the employer contribution for each 
104.20  full-time police officer as required by section 353.65, 
104.21  subdivision 3, and shall meet the employer recording and 
104.22  reporting requirements in section 353.65, subdivision 4. 
104.23     Sec. 27.  Minnesota Statutes 1996, section 473.166, is 
104.24  amended to read: 
104.25     473.166 [CONTROLLED ACCESS; TRANSIT FIXED-GUIDEWAY; COUNCIL 
104.26  OFFICE APPROVAL.] 
104.27     Before acquiring land for or constructing a controlled 
104.28  access highway or transit fixed-guideway in the area, the state 
104.29  transportation department or local government unit proposing the 
104.30  acquisition or construction shall submit to the council office 
104.31  of strategic and long-range planning a statement describing the 
104.32  proposed project.  The statement must be in the form and detail 
104.33  required by the council office.  The council office shall review 
104.34  the statement to ascertain its consistency with its policy plan 
104.35  and the development guide.  No project may be undertaken unless 
104.36  the council office determines that it is consistent with the 
105.1   policy plan.  This approval is in addition to the requirements 
105.2   of any other statute, ordinance or rule. 
105.3      Sec. 28.  Minnesota Statutes 1996, section 473.167, 
105.4   subdivision 2, is amended to read: 
105.5      Subd. 2.  [LOANS FOR ACQUISITION.] (a) The council 
105.6   commissioner of transportation may make loans to counties, 
105.7   towns, and statutory and home rule charter cities within the 
105.8   metropolitan area for the purchase of property within the 
105.9   right-of-way of a state trunk highway shown on an official map 
105.10  adopted pursuant to section 394.361 or 462.359 or for the 
105.11  purchase of property within the proposed right-of-way of a 
105.12  principal or intermediate arterial highway designated by 
105.13  the council commissioner as a part of the metropolitan highway 
105.14  system plan and approved by the council office of strategic and 
105.15  long-range planning pursuant to subdivision 1.  The loans shall 
105.16  be made by the council commissioner, from the fund established 
105.17  pursuant to this subdivision, for purchases approved by 
105.18  the council commissioner.  The loans shall bear no interest. 
105.19     (b) The council commissioner shall make loans only: 
105.20     (1) to accelerate the acquisition of primarily undeveloped 
105.21  property when there is a reasonable probability that the 
105.22  property will increase in value before highway construction, and 
105.23  to update an expired environmental impact statement on a project 
105.24  for which the right-of-way is being purchased; 
105.25     (2) to avert the imminent conversion or the granting of 
105.26  approvals which would allow the conversion of property to uses 
105.27  which would jeopardize its availability for highway 
105.28  construction; 
105.29     (3) to advance planning and environmental activities on 
105.30  highest priority major metropolitan river crossing projects, 
105.31  under the transportation development guide chapter/policy plan; 
105.32  or 
105.33     (4) to take advantage of open market opportunities when 
105.34  developed properties become available for sale, provided all 
105.35  parties involved are agreeable to the sale and funds are 
105.36  available.  
106.1      (c) The council commissioner shall not make loans for the 
106.2   purchase of property at a price which exceeds the fair market 
106.3   value of the property or which includes the costs of relocating 
106.4   or moving persons or property.  The eminent domain process may 
106.5   be used to settle differences of opinion as to fair market 
106.6   value, provided all parties agree to the process. 
106.7      (d) A private property owner may elect to receive the 
106.8   purchase price either in a lump sum or in not more than four 
106.9   annual installments without interest on the deferred 
106.10  installments.  If the purchase agreement provides for 
106.11  installment payments, the council commissioner shall make the 
106.12  loan in installments corresponding to those in the purchase 
106.13  agreement.  The recipient of an acquisition loan shall convey 
106.14  the property for the construction of the highway at the same 
106.15  price which the recipient paid for the property.  The price may 
106.16  include the costs of preparing environmental documents that were 
106.17  required for the acquisition and that were paid for with money 
106.18  that the recipient received from the loan fund.  Upon 
106.19  notification by the council commissioner that the plan to 
106.20  construct the highway has been abandoned or the anticipated 
106.21  location of the highway changed, the recipient shall sell the 
106.22  property at market value in accordance with the procedures 
106.23  required for the disposition of the property.  All rents and 
106.24  other money received because of the recipient's ownership of the 
106.25  property and all proceeds from the conveyance or sale of the 
106.26  property shall be paid to the council commissioner.  If a 
106.27  recipient is not permitted to include in the conveyance price 
106.28  the cost of preparing environmental documents that were required 
106.29  for the acquisition, then the recipient is not required to repay 
106.30  the council an amount equal to 40 percent of the money received 
106.31  from the loan fund and spent in preparing the environmental 
106.32  documents.  
106.33     (e) The proceeds of the tax authorized by subdivision 3 and 
106.34  distributed to the right-of-way acquisition loan fund pursuant 
106.35  to subdivision 3a, paragraph (a), all money paid to the council 
106.36  commissioner by recipients of loans, and all interest on 
107.1   the proceeds fund and payments shall be maintained as a separate 
107.2   fund.  For administration of the loan program, the council 
107.3   commissioner may expend from the fund each year an amount no 
107.4   greater than three percent of the amount of the proceeds 
107.5   distributed to from the right-of-way acquisition loan 
107.6   fund pursuant to subdivision 3a, paragraph (a), for that year. 
107.7      Sec. 29.  Minnesota Statutes 1996, section 473.167, 
107.8   subdivision 2a, is amended to read: 
107.9      Subd. 2a.  [HARDSHIP ACQUISITION AND RELOCATION.] (a) 
107.10  The council commissioner may make hardship loans to acquiring 
107.11  authorities within the metropolitan area to purchase homestead 
107.12  property located in a proposed state trunk highway right-of-way 
107.13  or project, and to provide relocation assistance.  Acquiring 
107.14  authorities are authorized to accept the loans and to acquire 
107.15  the property. Except as provided in this subdivision, the loans 
107.16  shall be made as provided in subdivision 2.  Loans shall be in 
107.17  the amount of the fair market value of the homestead property 
107.18  plus relocation costs and less salvage value.  Before 
107.19  construction of the highway begins, the acquiring authority 
107.20  shall convey the property to the commissioner of transportation 
107.21  at the same price it paid, plus relocation costs and less its 
107.22  salvage value. Acquisition and assistance under this subdivision 
107.23  must conform to sections 117.50 to 117.56.  
107.24     (b) The council commissioner may make hardship loans only 
107.25  when: 
107.26     (1) the owner of affected homestead property requests 
107.27  acquisition and relocation assistance from an acquiring 
107.28  authority; 
107.29     (2) federal or other state financial participation is not 
107.30  available; 
107.31     (3) the owner is unable to sell the homestead property at 
107.32  its appraised market value because the property is located in a 
107.33  proposed state trunk highway right-of-way or project as 
107.34  indicated on an official map or plat adopted under section 
107.35  160.085, 394.361, or 462.359; 
107.36     (4) the council commissioner agrees to and approves the 
108.1   fair market value of the homestead property, which approval 
108.2   shall not be unreasonably withheld; and 
108.3      (5) the owner of the homestead property is burdened by 
108.4   circumstances that constitute a hardship, such as catastrophic 
108.5   medical expenses; a transfer of the homestead owner by the 
108.6   owner's employer to a distant site of employment; or inability 
108.7   of the owner to maintain the property due to physical or mental 
108.8   disability or the permanent departure of children from the 
108.9   homestead.  
108.10     (c) For purposes of this subdivision, the following terms 
108.11  have the meanings given them. 
108.12     (1) "Acquiring authority" means counties, towns, and 
108.13  statutory and home rule charter cities in the metropolitan area. 
108.14     (2) "Homestead property" means a single-family dwelling 
108.15  occupied by the owner, and the surrounding land, not exceeding a 
108.16  total of ten acres. 
108.17     (3) "Salvage value" means the probable sale price of the 
108.18  dwelling and other property that is severable from the land if 
108.19  offered for sale on the condition that it be removed from the 
108.20  land at the buyer's expense, allowing a reasonable time to find 
108.21  a buyer with knowledge of the possible uses of the property, 
108.22  including separate use of serviceable components and scrap when 
108.23  there is no other reasonable prospect of sale. 
108.24     Sec. 30.  Minnesota Statutes 1996, section 473.168, 
108.25  subdivision 2, is amended to read: 
108.26     Subd. 2.  The metropolitan council office of strategic and 
108.27  long-range planning may require that any freeway constructed in 
108.28  the metropolitan area on which actual construction has not been 
108.29  commenced by April 12, 1974 the effective date of this act 
108.30  include provisions for exclusive lanes for buses and, as 
108.31  the council office may determine, other forms of multipassenger 
108.32  transit.  The council office, in making its determination, must 
108.33  demonstrate that the exclusive lanes are necessary to implement 
108.34  the transportation policy plan of the development guide. 
108.35     Sec. 31.  Minnesota Statutes 1996, section 473.223, is 
108.36  amended to read: 
109.1      473.223 [FEDERAL AID.] 
109.2      For the purposes of this section the term "governmental 
109.3   subdivision" includes municipalities, counties and other 
109.4   political subdivisions generally.  If federal aid for 
109.5   transportation programs and projects is otherwise unavailable to 
109.6   an existing agency or governmental subdivision, the metropolitan 
109.7   council commissioner of transportation may cooperate with the 
109.8   government of the United States and any agency or department 
109.9   thereof and the affected agency or other governmental 
109.10  subdivision in establishing metropolitan area eligibility to 
109.11  receive federal aid, and may comply with the provisions of the 
109.12  laws of the United States and any rules and regulations made 
109.13  thereunder for the expenditure of federal moneys upon such 
109.14  projects as are proposed for federal assistance. 
109.15  The metropolitan council commissioner may accept federal aid and 
109.16  other aid, either public or private, for and in behalf of the 
109.17  metropolitan area or any governmental subdivision of the state, 
109.18  for transportation programs and projects within the metropolitan 
109.19  area upon such terms and conditions as are or may be prescribed 
109.20  by the laws of the United States and any rules or regulations 
109.21  made thereunder, and is authorized to act as agent of any 
109.22  governmental subdivision of the state with jurisdiction in the 
109.23  metropolitan area upon request of such subdivision in accepting 
109.24  the aid in its behalf for such programs or projects financed 
109.25  either in whole or in part by federal aid.  The governing body 
109.26  of any such subdivision is authorized to designate the 
109.27  metropolitan council commissioner as its agent for such purposes 
109.28  and to enter into an agreement with the council commissioner 
109.29  prescribing the terms and conditions of the agency relationship 
109.30  in accordance with state and federal laws, rules and 
109.31  regulations.  The metropolitan council is authorized to 
109.32  designate an appropriate state agency as its agent for such 
109.33  purposes and to enter into an agreement with such agency 
109.34  prescribing the terms and conditions of the agency relationship 
109.35  in accordance with state and federal laws, rules and regulations.
109.36     Nothing contained herein shall limit any separate authority 
110.1   of agencies or governmental subdivisions of the state to 
110.2   contract for and receive federal aid. 
110.3      Sec. 32.  [473.3715] [DEFINITIONS.] 
110.4      Subdivision 1.  [COMMISSIONER.] "Commissioner" means the 
110.5   commissioner of transportation for the purposes of sections 
110.6   473.371 to 473.449. 
110.7      Subd. 2.  [DEPARTMENT.] "Department" means the department 
110.8   of transportation for the purposes of sections 473.371 to 
110.9   473.449. 
110.10     Sec. 33.  Minnesota Statutes 1996, section 473.375, 
110.11  subdivision 9, is amended to read: 
110.12     Subd. 9.  [ADVISORY COMMITTEES.] The council commissioner 
110.13  may establish one or more advisory committees composed of and 
110.14  representing transit providers, transit users, and local units 
110.15  of government to advise it in carrying out its purposes.  The 
110.16  members of advisory committees serve without compensation.  
110.17     Sec. 34.  Minnesota Statutes 1996, section 473.375, 
110.18  subdivision 11, is amended to read: 
110.19     Subd. 11.  [RIDESHARING.] The council commissioner shall 
110.20  administer a ridesharing program in the metropolitan area, 
110.21  except for the statewide vanpool leasing program conducted by 
110.22  the commissioner of transportation and shall cooperate with the 
110.23  commissioner in the conduct of ridesharing activities in areas 
110.24  where the commissioner's programs and the council's program 
110.25  overlap.  The council commissioner shall establish a rideshare 
110.26  advisory committee to advise it in carrying out the program.  
110.27  The council commissioner may contract for services in operating 
110.28  the program.  
110.29     Sec. 35.  Minnesota Statutes 1996, section 473.375, 
110.30  subdivision 12, is amended to read: 
110.31     Subd. 12.  [ASSISTANCE.] The council commissioner shall 
110.32  offer, use, and apply its services to assist and advise transit 
110.33  providers in the metropolitan transit area in the planning, 
110.34  promotion, development, operation, and evaluation of programs 
110.35  and projects which are undertaken or proposed to be undertaken 
110.36  by contract with the council commissioner, and shall seek out 
111.1   and select recipients of this assistance and advice.  
111.2      Sec. 36.  Minnesota Statutes 1996, section 473.375, 
111.3   subdivision 13, is amended to read: 
111.4      Subd. 13.  [FINANCIAL ASSISTANCE.] The council commissioner 
111.5   may provide financial assistance to public transit providers as 
111.6   provided in sections 473.371 to 473.449.  The council may not 
111.7   use the proceeds of bonds issued under section 473.39 to provide 
111.8   capital assistance to private, for-profit operators of public 
111.9   transit, unless the operators provide service under a contract 
111.10  with the council, the former regional transit board, or 
111.11  recipients of financial assistance under sections 473.371 to 
111.12  473.449. 
111.13     No political subdivision within the metropolitan area may 
111.14  apply for federal transit assistance unless its application has 
111.15  been submitted to and approved by the council commissioner. 
111.16     Sec. 37.  Minnesota Statutes 1996, section 473.375, 
111.17  subdivision 14, is amended to read: 
111.18     Subd. 14.  [COORDINATION.] The council commissioner shall 
111.19  coordinate transit operations within the metropolitan area and 
111.20  shall establish a transit information program to provide transit 
111.21  users with accurate information on transit schedules and service.
111.22     Sec. 38.  Minnesota Statutes 1996, section 473.375, 
111.23  subdivision 15, is amended to read: 
111.24     Subd. 15.  [PERFORMANCE STANDARDS.] The council 
111.25  commissioner may establish performance standards for recipients 
111.26  of financial assistance. 
111.27     Sec. 39.  Minnesota Statutes 1996, section 473.382, is 
111.28  amended to read: 
111.29     473.382 [LOCAL PLANNING AND DEVELOPMENT PROGRAM.] 
111.30     The council commissioner shall establish a program to 
111.31  ensure participation by representatives of local government 
111.32  units and the coordination of the planning and development of 
111.33  transit by local government units.  The council commissioner 
111.34  shall encourage the establishment of local transit planning and 
111.35  development boards by local governments for the purpose of:  
111.36     (a) identifying service needs and objectives; 
112.1      (b) preparing, or advising and assisting local units of 
112.2   government in preparing the transit study and service plan 
112.3   required by section 473.384; 
112.4      (c) preparing or advising the council commissioner in the 
112.5   review of applications for assistance under section 473.384.  
112.6      The council commissioner may provide local boards with 
112.7   whatever assistance it the commissioner deems necessary and 
112.8   appropriate.  
112.9      Sec. 40.  Minnesota Statutes 1996, section 473.384, is 
112.10  amended to read: 
112.11     473.384 [CONTRACTS.] 
112.12     Subdivision 1.  [CONTRACTS REQUIRED.] The council 
112.13  commissioner shall make contracts with eligible recipients for 
112.14  financial assistance to transit service within the metropolitan 
112.15  area.  The council commissioner may not give financial 
112.16  assistance to another transit provider without first having 
112.17  executed a contract.  The provisions of this section do not 
112.18  apply to contracts made under sections section 473.386 and 
112.19  473.388.  
112.20     Subd. 2.  [ELIGIBILITY.] To be eligible to receive 
112.21  financial assistance by contract under this section a recipient 
112.22  must be:  
112.23     (a) a county, statutory or home rule charter city or town 
112.24  or combination thereof, or public authority organized and 
112.25  existing pursuant to chapter 398A, providing financial 
112.26  assistance to or providing or operating public transit; or 
112.27     (b) a private provider of public transit; or 
112.28     (c) a transit provider formerly operated under section 
112.29  473.388.  
112.30     Subd. 3.  [APPLICATIONS.] The council commissioner shall 
112.31  establish procedures and standards for review and approval of 
112.32  applications for financial assistance under this section.  An 
112.33  applicant must provide the council commissioner with the 
112.34  financial and other information the council commissioner 
112.35  requires to carry out its duties.  The council commissioner may 
112.36  specify procedures, including public hearing requirements, to be 
113.1   followed by applicants that are cities, towns, or counties or 
113.2   combinations thereof in conducting transit studies and 
113.3   formulating service plans under subdivisions 4 and 5.  
113.4      Subd. 4.  [TRANSIT STUDY.] The council commissioner shall 
113.5   require that prior to applying for financial assistance by 
113.6   contract under clause (a) of subdivision 2, the applicant must 
113.7   prepare and submit a transit study which includes the following 
113.8   elements: 
113.9      (a) a determination of existing and future transit needs 
113.10  within the area to be served, and an assessment of the adequacy 
113.11  of existing service to meet the needs; 
113.12     (b) an assessment of the level and type of service required 
113.13  to meet unmet needs; 
113.14     (c) an assessment of existing and future resources 
113.15  available for the financing of transit service; and 
113.16     (d) the type or types of any new government arrangements or 
113.17  agreements needed to provide adequate service.  
113.18     The transit study for any applicant may be done by the 
113.19  council commissioner.  
113.20     Subd. 5.  [SERVICE PLAN.] The council commissioner shall, 
113.21  before making a contract with an eligible recipient, require the 
113.22  submission of a service plan which includes the following 
113.23  elements:  
113.24     (a) a description of the service proposed for financial 
113.25  assistance, including vehicles, routes, and schedules; 
113.26     (b) an assessment of the extent to which the proposed 
113.27  service meets the needs as determined by the transit study; 
113.28     (c) a description of the contract administration and review 
113.29  process if the operation of the proposed service is to be done 
113.30  by a private contractor; 
113.31     (d) a description of the amount required to establish and 
113.32  operate the proposed service and the proposed sources of the 
113.33  required amount including operating revenue, other local 
113.34  sources, and assistance from the council commissioner and from 
113.35  federal sources; 
113.36     (e) the fare structure of the proposed service; and 
114.1      (f) projections of usage of the system.  
114.2      The council commissioner may specify procedures, including 
114.3   public hearing requirements, to be followed by applicants that 
114.4   are cities, towns, or counties or combinations thereof in 
114.5   conducting transit studies and formulating service plans.  
114.6      Subd. 6.  [FINANCIAL ASSISTANCE FOR CERTAIN PROVIDERS.] The 
114.7   council commissioner shall provide financial assistance to 
114.8   recipients who were receiving assistance by contract with the 
114.9   commissioner of transportation under Minnesota Statutes 1982, 
114.10  section 174.24, subdivision 3 on July 1, 1984, so that the 
114.11  percentage of total operating cost, as defined by the council 
114.12  commissioner, paid by the recipient from all local sources of 
114.13  revenue, including operating revenue, does not exceed the 
114.14  percentage for the recipient's classification as determined by 
114.15  the commissioner of transportation under the commissioner's 
114.16  final contract with the recipient.  The council may include 
114.17  funds received under section 473.446, subdivision 1a, as a local 
114.18  source of revenue.  The remainder of the total operating cost 
114.19  will be paid by the council commissioner less all assistance 
114.20  received by the recipient for that purpose from any federal 
114.21  source.  
114.22     If a recipient informs the council commissioner in writing 
114.23  prior to the distribution of financial assistance for any year 
114.24  that paying its designated percentage of total operating cost 
114.25  from local sources will cause undue hardship, the council 
114.26  commissioner may adjust the percentage as it deems equitable.  
114.27  If for any year the funds available to the council commissioner 
114.28  are insufficient to allow the council commissioner to pay its 
114.29  the department's share of total operating cost for those 
114.30  recipients, the council commissioner shall reduce its share in 
114.31  each classification to the extent necessary.  
114.32     Subd. 7.  [TRANSIT OPERATIONS IMPACT ASSESSMENT.] Prior to 
114.33  entering into a contract for operating assistance with a 
114.34  recipient, the council commissioner shall evaluate the effect, 
114.35  if any, of the contract on the ridership, routes, schedules, 
114.36  fares, and staffing levels of the existing and proposed service 
115.1   provided by the council department.  The council commissioner 
115.2   may enter into the contract only if it determines that the 
115.3   service to be assisted under the contract will not impose an 
115.4   undue hardship on the ridership or financial condition of 
115.5   the council's department's transit operations.  The requirements 
115.6   of this subdivision do not apply to contracts for assistance to 
115.7   recipients who, as part of a negotiated cost-sharing arrangement 
115.8   with the council commissioner, pay a substantial part of the 
115.9   cost of services that directly benefit the recipient as an 
115.10  institution or organization. 
115.11     Subd. 8.  [PARATRANSIT CONTRACTS.] In executing and 
115.12  administering contracts for paratransit projects, the council 
115.13  commissioner has the powers and duties given to the commissioner 
115.14  of transportation in section 174.255, subdivisions 1 and 2 
115.15  relating to handicapped accessibility and insurance coverage.  
115.16  The provisions of section 174.255, subdivision 3, apply to 
115.17  paratransit projects which receive assistance by contract with 
115.18  the council commissioner. 
115.19     Sec. 41.  Minnesota Statutes 1996, section 473.385, 
115.20  subdivision 1, is amended to read: 
115.21     Subdivision 1.  [DEFINITIONS.] (a) "Fully developed service 
115.22  area" means the fully developed area, as defined in by the 
115.23  metropolitan council's development guide, plus office of 
115.24  strategic and long-range planning, and including the cities of 
115.25  Mendota Heights, Maplewood, North St. Paul, and Little Canada. 
115.26     (b) "Regular route transit" has the meaning given it in 
115.27  section 174.22, subdivision 8, except that, for purposes of this 
115.28  section, the term does not include services on fixed routes and 
115.29  schedules that are primarily intended to provide circulator 
115.30  service within a community or adjacent communities rather than 
115.31  feeder service to the system of metropolitan regular route 
115.32  transit operated by the council department. 
115.33     Sec. 42.  Minnesota Statutes 1996, section 473.385, 
115.34  subdivision 2, is amended to read: 
115.35     Subd. 2.  [SERVICE AREAS.] The council commissioner may 
115.36  provide financial assistance (whether directly or through 
116.1   another entity) to private, for-profit operators of public 
116.2   transit only for the following services: 
116.3      (1) services that are not regular route services; 
116.4      (2) regular route services provided on June 2, 1989, by a 
116.5   private, for-profit operator under contract with the former 
116.6   regional transit board or under a certificate of convenience and 
116.7   necessity issued by the transportation regulation board; 
116.8      (3) regular route services outside of the fully developed 
116.9   service area that are not operated on June 2, 1989, by the 
116.10  former metropolitan transit commission; 
116.11     (4) regular route services provided under section 473.388; 
116.12     (5) regular route services to recipients who, as part of a 
116.13  negotiated cost-sharing arrangement with the council 
116.14  commissioner, pay at least 50 percent of the cost of the service 
116.15  that directly benefits the recipient as an institution or 
116.16  organization; or 
116.17     (6) regular route services that will not be operated for a 
116.18  reasonable subsidy by the council commissioner. 
116.19     Sec. 43.  Minnesota Statutes 1996, section 473.386, 
116.20  subdivision 1, is amended to read:  
116.21     Subdivision 1.  [SERVICE OBJECTIVES.] The council 
116.22  commissioner shall implement a special transportation service, 
116.23  as defined in section 174.29, in the metropolitan area.  The 
116.24  service has the following objectives:  
116.25     (a) to provide greater access to transportation for the 
116.26  elderly, people with disabilities, and others with special 
116.27  transportation needs in the metropolitan area; 
116.28     (b) to develop an integrated system of special 
116.29  transportation service providing transportation tailored to meet 
116.30  special individual needs in the most cost-efficient manner; and 
116.31     (c) to use existing public, private, and private nonprofit 
116.32  providers of service wherever possible, to supplement rather 
116.33  than replace existing service, and to increase the productivity 
116.34  of all special transportation vehicles available in the area.  
116.35     Sec. 44.  Minnesota Statutes 1996, section 473.386, 
116.36  subdivision 2, is amended to read: 
117.1      Subd. 2.  [SERVICE CONTRACTS; MANAGEMENT; TRANSPORTATION 
117.2   ACCESSIBILITY ADVISORY COMMITTEE.] (a) The council commissioner 
117.3   may contract for services necessary for the provision of special 
117.4   transportation.  Transportation service provided under a 
117.5   contract must specify the service to be provided, the standards 
117.6   that must be met, and the rates for operating and providing 
117.7   special transportation services.  
117.8      (b) The council commissioner shall establish management 
117.9   policies for the service and may contract with a service 
117.10  administrator for day-to-day administration and management of 
117.11  the service.  Any contract must delegate to the service 
117.12  administrator clear authority to administer and manage the 
117.13  delivery of the service pursuant to council department 
117.14  management policies and must establish performance and 
117.15  compliance standards for the service administrator.  The council 
117.16  commissioner may provide directly day to day administration and 
117.17  management of the service and may own or lease vehicles used to 
117.18  provide the service.  
117.19     (c) The council commissioner shall ensure that the service 
117.20  administrator establishes a system for registering and 
117.21  expeditiously responding to complaints by users, informing users 
117.22  of how to register complaints, and requiring providers to report 
117.23  on incidents that impair the safety and well-being of users or 
117.24  the quality of the service.  The council commissioner shall 
117.25  annually report to the commissioner of transportation and the 
117.26  legislature on complaints and provider reports, the response of 
117.27  the service administrator, and steps taken by the council 
117.28  commissioner and the service administrator to identify causes 
117.29  and provide remedies to recurring problems. 
117.30     (d) Each year before renewing contracts with providers and 
117.31  the service administrator, the council commissioner shall 
117.32  provide an opportunity for the transportation accessibility 
117.33  advisory committee, users, and other interested persons to 
117.34  testify before the council commissioner concerning providers, 
117.35  contract terms, and other matters relating to council department 
117.36  policies and procedures for implementing the service. 
118.1      (e) The council commissioner shall establish a 
118.2   transportation accessibility advisory committee.  The 
118.3   transportation accessibility advisory committee must include 
118.4   elderly and disabled persons, other users of special 
118.5   transportation service, representatives of persons contracting 
118.6   to provide special transportation services, and representatives 
118.7   of appropriate agencies for elderly and disabled persons to 
118.8   advise the council commissioner on management policies for the 
118.9   service.  At least half the transportation accessibility 
118.10  advisory committee members must be disabled or elderly persons 
118.11  or the representatives of disabled or elderly persons.  Two of 
118.12  the appointments to the transportation accessibility advisory 
118.13  committee shall be made by the council on disability in 
118.14  consultation with the chair of the metropolitan 
118.15  council commissioner. 
118.16     Sec. 45.  Minnesota Statutes 1996, section 473.386, 
118.17  subdivision 2a, is amended to read: 
118.18     Subd. 2a.  [ELIGIBILITY CERTIFICATION.] The council 
118.19  commissioner shall include the notice of penalty for fraudulent 
118.20  certification, and require the person certifying the applicant 
118.21  to sign the eligibility certification form and the applicant to 
118.22  sign the application form, as provided in section 174.295. 
118.23     Sec. 46.  Minnesota Statutes 1996, section 473.386, 
118.24  subdivision 3, is amended to read: 
118.25     Subd. 3.  [DUTIES OF COUNCIL COMMISSIONER.] In implementing 
118.26  the special transportation service, the council commissioner 
118.27  shall:  
118.28     (a) encourage participation in the service by public, 
118.29  private, and private nonprofit providers of special 
118.30  transportation currently receiving capital or operating 
118.31  assistance from a public agency; 
118.32     (b) contract with public, private, and private nonprofit 
118.33  providers that have demonstrated their ability to effectively 
118.34  provide service at a reasonable cost; 
118.35     (c) encourage individuals using special transportation to 
118.36  use the type of service most appropriate to their particular 
119.1   needs; 
119.2      (d) ensure that all persons providing special 
119.3   transportation service receive equitable treatment in the 
119.4   allocation of the ridership; 
119.5      (e) encourage shared rides to the greatest extent 
119.6   practicable; 
119.7      (f) encourage public agencies that provide transportation 
119.8   to eligible individuals as a component of human services and 
119.9   educational programs to coordinate with this service and to 
119.10  allow reimbursement for transportation provided through the 
119.11  service at rates that reflect the public cost of providing that 
119.12  transportation; 
119.13     (g) establish criteria to be used in determining individual 
119.14  eligibility for special transportation services; 
119.15     (h) consult with the transportation accessibility advisory 
119.16  committee in a timely manner before changes are made in the 
119.17  provision of special transportation services, including, but not 
119.18  limited to, changes in policies affecting the matters subject to 
119.19  hearing under subdivision 2; 
119.20     (i) provide for effective administration and enforcement of 
119.21  council department policies and standards; and 
119.22     (j) annually evaluate providers of special transportation 
119.23  service to ensure compliance with the standards established for 
119.24  the program. 
119.25     Sec. 47.  Minnesota Statutes 1996, section 473.386, 
119.26  subdivision 4, is amended to read: 
119.27     Subd. 4.  [COORDINATION REQUIRED.] The council commissioner 
119.28  may not grant any financial assistance to any recipient that 
119.29  proposes to use any part of the grant to provide special 
119.30  transportation service in the metropolitan area unless the 
119.31  program is coordinated with the council's department's special 
119.32  transportation service in the manner determined by the council 
119.33  department.  The council commissioner is not required to provide 
119.34  funding for transportation services from a residence to a 
119.35  service site and home again when the services are used by 
119.36  individuals in conjunction with their participation in human 
120.1   service developmental achievement center programs in which 
120.2   transportation to and from the program is a required and funded 
120.3   component of those programs. 
120.4      Sec. 48.  Minnesota Statutes 1996, section 473.386, 
120.5   subdivision 5, is amended to read: 
120.6      Subd. 5.  [EQUITABLE ALLOCATION AND ANNUAL REALLOCATION.] 
120.7   The council commissioner shall distribute all available funding 
120.8   under this section in a manner designed to achieve an equitable 
120.9   allocation of special transportation services based on the 
120.10  proportion of the number of elderly, disabled, or economically 
120.11  disadvantaged individuals with special transportation needs who 
120.12  actually use the special transportation service.  
120.13     Sec. 49.  Minnesota Statutes 1996, section 473.386, 
120.14  subdivision 6, is amended to read: 
120.15     Subd. 6.  [OPERATING AND SERVICE STANDARDS.] A person 
120.16  operating or assisting the operation of a vehicle may leave the 
120.17  vehicle to enter premises in order to help a passenger who does 
120.18  not require emergency ambulance service.  Operators and 
120.19  assistants shall provide the help necessary for 
120.20  door-through-door service, including help in entering and 
120.21  leaving the vehicle and help through the exterior entrance and 
120.22  over any exterior steps at either departure or destination 
120.23  buildings, provided that both the steps and the wheelchair are 
120.24  in good repair.  If an operator or assistant refuses help 
120.25  because of the condition of the steps or the wheelchair, the 
120.26  operator of the service shall send letters to the service 
120.27  administrator designated by the council commissioner, who shall 
120.28  notify the person denied service describing the corrective 
120.29  measures necessary to qualify for service.  
120.30     Sec. 50.  Minnesota Statutes 1996, section 473.387, 
120.31  subdivision 2, is amended to read: 
120.32     Subd. 2.  [ADMINISTRATION.] The council commissioner shall 
120.33  design and administer the programs under this section.  The 
120.34  council commissioner may request proposals for projects to 
120.35  demonstrate methods of achieving the purposes of programs 
120.36  administered under this section.  The council commissioner shall 
121.1   design or ensure the design of programs that will provide better 
121.2   access for the targeted service groups to places of employment 
121.3   and activity throughout the metropolitan area, using regular 
121.4   route transit, paratransit, taxis, car or van pools, or other 
121.5   means of conveyance.  The council commissioner may organize the 
121.6   services by providing to individuals, directly or indirectly, 
121.7   reduced fares or passes on public transit or vouchers to be used 
121.8   to purchase transportation; by contracting with public and 
121.9   private providers; by arrangements with government agencies, 
121.10  civic and community organizations or nonprofit groups providing 
121.11  assistance to the targeted service groups; by arrangements with 
121.12  prospective employers, with employment, education, retail, 
121.13  medical, or other activity centers, or with local governments; 
121.14  or by any other methods designed to improve service and reduce 
121.15  costs to the targeted service groups. 
121.16     Sec. 51.  Minnesota Statutes 1996, section 473.387, 
121.17  subdivision 3, is amended to read: 
121.18     Subd. 3.  [JOBSEEKERS.] The council commissioner shall 
121.19  establish a program and policies to increase the availability 
121.20  and utility of public transit services and reduce transportation 
121.21  costs for persons who are seeking employment and who lack 
121.22  private means of transportation. 
121.23     Sec. 52.  Minnesota Statutes 1996, section 473.387, 
121.24  subdivision 4, is amended to read: 
121.25     Subd. 4.  [TRANSIT DISADVANTAGED.] The council commissioner 
121.26  shall establish a program and policies to reduce transportation 
121.27  costs for persons who are, because of limited incomes, age, 
121.28  disability, or other reasons, especially dependent on public 
121.29  transit for common mobility. 
121.30     Sec. 53.  Minnesota Statutes 1996, section 473.391, is 
121.31  amended to read: 
121.32     473.391 [ROUTE PLANNING AND SCHEDULING.] 
121.33     Subdivision 1.  [CONTRACTS.] The council commissioner may 
121.34  contract with other operators or local governments for route 
121.35  planning and scheduling services in any configuration of new or 
121.36  reconfiguration of existing transit services and routes, 
122.1   including route planning and scheduling necessary for the test 
122.2   marketing program, the service bidding program, and the 
122.3   interstate highway described generally as legislative routes 
122.4   Nos. 10 and 107 between I-494 and the Hawthorne interchange in 
122.5   the city of Minneapolis, commonly known as I-394.  
122.6      Subd. 2.  [ROUTE ELIMINATION; SERVICE REDUCTION.] The 
122.7   council commissioner shall, before making a determination to 
122.8   eliminate or reduce service on existing transit routes, consider:
122.9      (1) the level of subsidy per passenger on each route; 
122.10     (2) the availability and proximity of alternative transit 
122.11  routes; and 
122.12     (3) the percentage of transit dependent riders, including 
122.13  youth, elderly, low-income, and disabled riders currently using 
122.14  each route. 
122.15     Sec. 54.  Minnesota Statutes 1996, section 473.3915, 
122.16  subdivision 3, is amended to read: 
122.17     Subd. 3.  [TRANSIT ZONE.] "Transit zone" means the area 
122.18  within one-quarter of a mile of a route along which regular 
122.19  route transit service is provided that is also within the 
122.20  metropolitan urban service area, as determined by the council 
122.21  office of strategic and long-range planning.  "Transit zone" 
122.22  includes any light rail transit route for which funds for 
122.23  construction have been committed. 
122.24     Sec. 55.  Minnesota Statutes 1996, section 473.3915, 
122.25  subdivision 4, is amended to read: 
122.26     Subd. 4.  [TRANSIT ZONES; MAP AND PLAN.] For the purposes 
122.27  of section 273.13, subdivision 24, the council commissioner 
122.28  shall designate transit zones and identify them on a detailed 
122.29  map and in a plan.  The council commissioner shall review the 
122.30  map and plan once a year and revise them as necessary to 
122.31  indicate the current transit zones.  The council commissioner 
122.32  shall provide each county and city assessor in the metropolitan 
122.33  area a copy of the current map and plan. 
122.34     Sec. 56.  Minnesota Statutes 1996, section 473.392, is 
122.35  amended to read: 
122.36     473.392 [SERVICE BIDDING.] 
123.1      The council commissioner may competitively bid transit 
123.2   service only in accordance with standards, procedures, and 
123.3   guidelines adopted by resolution of the council commissioner.  
123.4   The council commissioner shall establish a project management 
123.5   team to assist and advise the council commissioner in developing 
123.6   and implementing standards, procedures, and guidelines.  The 
123.7   project management team must include representatives of the 
123.8   Amalgamated Transit Union Local 1005, private operators, local 
123.9   governments, and other persons interested in the subject.  At 
123.10  least 60 days before adopting any standards, procedures, or 
123.11  guidelines for competitive bidding of transit service, 
123.12  the council commissioner shall hold a public hearing on the 
123.13  subject.  The council commissioner shall publish notice of the 
123.14  hearing in newspapers of general circulation in the metropolitan 
123.15  area not less than 15 days before the hearing.  At the hearing 
123.16  all interested persons must be afforded an opportunity to 
123.17  present their views orally and in writing.  Following the 
123.18  hearing, and after considering the testimony, the council 
123.19  commissioner shall revise and adopt the standards, procedures, 
123.20  and guidelines. 
123.21     Sec. 57.  Minnesota Statutes 1996, section 473.399, is 
123.22  amended to read: 
123.23     473.399 [LIGHT RAIL TRANSIT; REGIONAL PLAN.] 
123.24     Subdivision 1.  [GENERAL REQUIREMENTS.] (a) The 
123.25  council commissioner shall adopt a regional light rail transit 
123.26  plan to ensure that light rail transit facilities in the 
123.27  metropolitan area will be acquired, developed, owned, and 
123.28  capable of operation in an efficient, cost-effective, and 
123.29  coordinated manner as an integrated and unified system on a 
123.30  multicounty basis in coordination with buses and other 
123.31  transportation modes and facilities.  To the extent practicable, 
123.32  the council commissioner shall incorporate into its the plan 
123.33  appropriate elements of the plans of regional railroad 
123.34  authorities and the former metropolitan council in order to 
123.35  avoid duplication of effort. 
123.36     (b) The regional plan required by this section must be 
124.1   adopted by the council commissioner before the commissioner of 
124.2   transportation may begin construction of light rail transit 
124.3   facilities and before the commissioner may expend funds 
124.4   appropriated or obtained through bonding for constructing light 
124.5   rail transit facilities.  Following adoption of the regional 
124.6   plan, each regional railroad authority and the commissioner of 
124.7   transportation shall act in conformity with the plan.  The 
124.8   commissioner shall prepare or amend the final design plans as 
124.9   necessary to make the plans consistent with the regional plan. 
124.10     (c) Throughout the development and implementation of the 
124.11  plan, the council commissioner shall contract for or otherwise 
124.12  obtain engineering services to assure that the plan adequately 
124.13  addresses the technical aspects of light rail transit.  
124.14     Sec. 58.  Minnesota Statutes 1996, section 473.3994, 
124.15  subdivision 4, is amended to read: 
124.16     Subd. 4.  [PRELIMINARY DESIGN PLANS; COUNCIL OFFICE OF 
124.17  STRATEGIC AND LONG-RANGE PLANNING REFERRAL.] If the governing 
124.18  body of one or more cities, counties, or towns disapproves the 
124.19  preliminary design plans within the period allowed under 
124.20  subdivision 3, the commissioner of transportation and the 
124.21  regional railroad authority or authorities in whose jurisdiction 
124.22  the line or lines are located may refer the plans, along with 
124.23  any comments of local jurisdictions, to the metropolitan council 
124.24  office of strategic and long-range planning.  The council office 
124.25  shall hold a hearing on the plans, giving the commissioner of 
124.26  transportation and the regional railroad authority or 
124.27  authorities in whose jurisdiction the line or lines are located, 
124.28  any disapproving local governmental units, and other persons an 
124.29  opportunity to present their views on the plans.  The council 
124.30  office may conduct independent study as it deems desirable and 
124.31  may mediate and attempt to resolve disagreements about the 
124.32  plans.  Within 90 days after the referral, the council office 
124.33  shall review the plans submitted by the commissioner of 
124.34  transportation and the regional railroad authority or 
124.35  authorities in whose jurisdiction the line or lines are located 
124.36  and the council office shall decide what amendments to the 
125.1   plans, if any, must be made to accommodate the objections 
125.2   presented by the disapproving local governmental units.  The 
125.3   commissioner and the regional railroad authority shall make the 
125.4   amendments to the plans before continuing the planning and 
125.5   designing process.  
125.6      Sec. 59.  Minnesota Statutes 1996, section 473.3994, 
125.7   subdivision 5, is amended to read: 
125.8      Subd. 5.  [FINAL DESIGN PLANS.] (a) Before beginning 
125.9   construction, the commissioner shall submit the physical design 
125.10  component of final design plans to the governing body of each 
125.11  statutory and home rule city, county, and town in which the 
125.12  route is proposed to be located.  Within 60 days after the 
125.13  submission of the plans, the city, county, or town shall review 
125.14  and approve or disapprove the plans for the route located in the 
125.15  city, county, or town.  A local unit of government that 
125.16  disapproves the plans shall describe specific amendments to the 
125.17  plans that, if adopted, would cause the local unit to withdraw 
125.18  its disapproval.  Failure to approve or disapprove the plans in 
125.19  writing within the time period is deemed to be approval, unless 
125.20  an extension is agreed to by the city, county, or town and the 
125.21  commissioner.  
125.22     (b) If the governing body of one or more cities, counties, 
125.23  or towns disapproves the plans within the period allowed under 
125.24  paragraph (a), the commissioner may refer the plans, along with 
125.25  any comments of local jurisdictions, to the metropolitan council 
125.26  office of strategic and long-range planning.  The council office 
125.27  shall review the final design plans under the same procedure and 
125.28  with the same effect as provided in subdivision 4 for 
125.29  preliminary design plans. 
125.30     Sec. 60.  Minnesota Statutes 1996, section 473.3994, 
125.31  subdivision 7, is amended to read: 
125.32     Subd. 7.  [COUNCIL OFFICE OF STRATEGIC AND LONG-RANGE 
125.33  PLANNING REVIEW.] Before proceeding with construction of a light 
125.34  rail transit facility, the commissioner must submit preliminary 
125.35  and final design plans to the metropolitan council office of 
125.36  strategic and long-range planning.  The council office must 
126.1   review the plans for consistency with the council's office's 
126.2   development guide and approve the plans. 
126.3      Sec. 61.  Minnesota Statutes 1996, section 473.3994, 
126.4   subdivision 8, is amended to read: 
126.5      Subd. 8.  [METROPOLITAN SIGNIFICANCE.] This section does 
126.6   not diminish or replace the authority of the council office 
126.7   under section 473.173. 
126.8      Sec. 62.  Minnesota Statutes 1996, section 473.3994, 
126.9   subdivision 9, is amended to read: 
126.10     Subd. 9.  [LIGHT RAIL TRANSIT OPERATING COSTS.] (a) Before 
126.11  submitting an application for federal assistance for light rail 
126.12  transit facilities in the metropolitan area, the applicant must 
126.13  provide to the metropolitan council commissioner estimates of 
126.14  the amount of operating subsidy which will be required to 
126.15  operate light rail transit in the corridor to which the federal 
126.16  assistance would be applied.  The information provided to the 
126.17  council commissioner must indicate the amount of operating 
126.18  subsidy estimated to be required in each of the first ten years 
126.19  of operation of the light rail transit facility. 
126.20     (b) The council commissioner must review and evaluate the 
126.21  information provided under paragraph (a) with regard to the 
126.22  effect of operating the light rail transit facility on the 
126.23  currently available mechanisms for financing transit in the 
126.24  metropolitan area. 
126.25     (c) The council commissioner must present its evaluation to 
126.26  the transportation and taxes committees of the house and senate, 
126.27  to the appropriations committee of the house and the finance 
126.28  committee of the senate, to the local government and 
126.29  metropolitan affairs committee of the house, and to the 
126.30  metropolitan affairs committee of the senate. 
126.31     Sec. 63.  Minnesota Statutes 1996, section 473.3994, 
126.32  subdivision 10, is amended to read: 
126.33     Subd. 10.  [CORRIDOR MANAGEMENT COMMITTEE.] A corridor 
126.34  management committee shall be established to advise the 
126.35  commissioner of transportation in the design and construction of 
126.36  light rail transit in each corridor to be constructed.  The 
127.1   corridor management committee shall consist of the members of 
127.2   the light rail transit joint powers board established pursuant 
127.3   to section 473.3998 and one representative from each city in 
127.4   which the corridor is located.  Additionally, the commissioner 
127.5   of transportation and three representatives of the metropolitan 
127.6   council shall each appoint a member to the committee.  For the 
127.7   corridor between Minneapolis and St. Paul, the University of 
127.8   Minnesota shall appoint one member to the committee.  A member 
127.9   representing the metropolitan council The commissioner shall 
127.10  appoint a member to chair the committee. 
127.11     The corridor management committee shall advise the 
127.12  commissioner of transportation and the regional railroad 
127.13  authority or authorities in whose jurisdiction the line or lines 
127.14  are located on issues relating to the alternatives analysis, 
127.15  environmental review, preliminary design, preliminary 
127.16  engineering, final design, implementation method, and 
127.17  construction of light rail transit.  
127.18     Sec. 64.  Minnesota Statutes 1996, section 473.3994, 
127.19  subdivision 12, is amended to read: 
127.20     Subd. 12.  [ALTERNATIVES ANALYSIS; ENVIRONMENTAL REVIEW.] 
127.21  For light rail transit lines to be constructed in the 
127.22  metropolitan area, the regional railroad authority or 
127.23  authorities in whose jurisdiction a line or lines are to be 
127.24  constructed and the commissioner of transportation shall jointly 
127.25  prepare an alternatives analysis, the environmental review 
127.26  documents required, and the preliminary engineering plan.  The 
127.27  council must approve the design for the alternatives analysis 
127.28  and the completed alternatives analysis.  The department of 
127.29  transportation shall be the responsible governmental unit. 
127.30     Sec. 65.  Minnesota Statutes 1996, section 473.3994, 
127.31  subdivision 13, is amended to read: 
127.32     Subd. 13.  [DISPUTE RESOLUTION.] In the event of a dispute 
127.33  between any of the parties arising from the parties' respective 
127.34  authority and responsibility under this section or section 
127.35  473.3998, the dispute shall be submitted to the metropolitan 
127.36  council office of strategic and long-range planning for final 
128.1   resolution by any party to the dispute.  The metropolitan 
128.2   council shall establish by July 1, 1993, a process to ensure a 
128.3   prompt and speedy resolution of the dispute.  This The dispute 
128.4   resolution process shall allow the parties to provide evidence 
128.5   and testimony in support of their positions. 
128.6      Sec. 66.  Minnesota Statutes 1996, section 473.3997, is 
128.7   amended to read: 
128.8      473.3997 [FEDERAL FUNDING; LIGHT RAIL TRANSIT.] 
128.9      (a) Upon completion of the alternatives analysis and draft 
128.10  environmental impact statement for the central corridor transit 
128.11  improvement project, the council, the commissioner of 
128.12  transportation, and the affected regional rail authorities may 
128.13  prepare a joint application for federal assistance for light 
128.14  rail transit facilities in the metropolitan area.  The 
128.15  application must be reviewed and approved by the metropolitan 
128.16  council before it is submitted by the council and the 
128.17  commissioner.  In reviewing the application the council must 
128.18  consider the information submitted to it under section 473.3994, 
128.19  subdivision 9.  
128.20     (b) Until the application described in paragraph (a) is 
128.21  submitted, no political subdivision in the metropolitan area may 
128.22  on its own apply for federal assistance for light rail transit 
128.23  planning or construction. 
128.24     Sec. 67.  Minnesota Statutes 1996, section 473.405, 
128.25  subdivision 1, is amended to read: 
128.26     Subdivision 1.  [GENERAL.] The metropolitan 
128.27  council commissioner has the powers and duties prescribed by 
128.28  this section and sections 473.407 to 473.449 and all powers 
128.29  necessary or convenient to discharge its the commissioner's 
128.30  duties.  
128.31     Sec. 68.  Minnesota Statutes 1996, section 473.405, 
128.32  subdivision 3, is amended to read: 
128.33     Subd. 3.  [CONDEMNATION.] The council commissioner may for 
128.34  transit purposes acquire property, franchises, easements, or 
128.35  property rights or interests of any kind by condemnation 
128.36  proceedings pursuant to chapter 117.  Except as provided in 
129.1   subdivision 9, the council commissioner may take possession of 
129.2   any property for which condemnation proceedings have been 
129.3   commenced at any time after the filing of the petition 
129.4   describing the property in the proceedings.  The council 
129.5   commissioner may contract with an operator or other persons for 
129.6   the use by the operator or person of any property under 
129.7   the council's commissioner's control.  
129.8      Sec. 69.  Minnesota Statutes 1996, section 473.405, 
129.9   subdivision 4, is amended to read: 
129.10     Subd. 4.  [TRANSIT SYSTEMS.] The council commissioner may 
129.11  engineer, construct, equip, and operate transit and paratransit 
129.12  systems, projects, or any parts thereof, including road lanes or 
129.13  rights of way, terminal facilities, maintenance and garage 
129.14  facilities, ramps, parking areas, and any other facilities 
129.15  useful for or related to any public transit or paratransit 
129.16  system or project.  
129.17     Sec. 70.  Minnesota Statutes 1996, section 473.405, 
129.18  subdivision 5, is amended to read: 
129.19     Subd. 5.  [ACQUISITION OF TRANSIT SYSTEMS.] The 
129.20  council commissioner may acquire by purchase, lease, gift, or 
129.21  condemnation proceedings any existing public transit system or 
129.22  any part thereof, including all or any part of the plant, 
129.23  equipment, shares of stock, property, real, personal, or mixed, 
129.24  rights in property, reserve funds, special funds, franchises, 
129.25  licenses, patents, permits and papers, documents and records 
129.26  belonging to any operator of a public transit system within the 
129.27  metropolitan area, and may in connection therewith assume any or 
129.28  all liabilities of any operator of a public transit system.  The 
129.29  council commissioner may take control of and operate a system 
129.30  immediately following the filing and approval of the initial 
129.31  petition for condemnation, if the council commissioner, in its 
129.32  the commissioner's discretion, determines this to be necessary, 
129.33  and may take possession of all right, title and other powers of 
129.34  ownership in all properties and facilities described in the 
129.35  petition.  Control must be taken by resolution which is 
129.36  effective upon service of a copy on the condemnee and the filing 
130.1   of the resolution in the condemnation action.  In the 
130.2   determination of the fair value of the existing public transit 
130.3   system, there must not be included any value attributable to 
130.4   expenditures for improvements made by the former metropolitan 
130.5   transit commission or the former metropolitan council. 
130.6      The council commissioner may continue or terminate within 
130.7   three months of acquisition any advertising contract in 
130.8   existence by and between any advertiser and a transit system 
130.9   that the council commissioner has acquired.  If the council 
130.10  commissioner determines to terminate the advertising 
130.11  contract, it the commissioner shall acquire all of the 
130.12  advertiser's rights under the contract by purchase or eminent 
130.13  domain proceedings as provided by law. 
130.14     Sec. 71.  Minnesota Statutes 1996, section 473.405, 
130.15  subdivision 9, is amended to read: 
130.16     Subd. 9.  [CONDEMNATION OF PUBLIC PROPERTY OR PROPERTY OF 
130.17  PUBLIC SERVICE CORPORATIONS.] The fact that property is owned by 
130.18  or is in charge of a public agency or a public service 
130.19  corporation organized for a purpose specified in section 300.03, 
130.20  or is already devoted to a public use or to use by the 
130.21  corporation or was acquired therefor by condemnation may not 
130.22  prevent its acquisition by the council commissioner by 
130.23  condemnation, but if the property is in actual public use or in 
130.24  actual use by the corporation for any purpose of interest or 
130.25  benefit to the public, the taking by the council commissioner by 
130.26  condemnation may not be authorized unless the court finds and 
130.27  determines that there is greater public necessity for the 
130.28  proposed use by the council commissioner than for the existing 
130.29  use. 
130.30     Sec. 72.  Minnesota Statutes 1996, section 473.405, 
130.31  subdivision 10, is amended to read: 
130.32     Subd. 10.  [VOLUNTARY TRANSFER OF PUBLIC PROPERTY TO THE 
130.33  COUNCIL COMMISSIONER.] Any state department or other agency of 
130.34  the state government or any county, municipality, or other 
130.35  public agency may sell, lease, grant, transfer, or convey to the 
130.36  council commissioner, with or without consideration, any 
131.1   facilities or any part or parts thereof or any real or personal 
131.2   property or interest therein which may be useful to the council 
131.3   commissioner for any authorized purpose.  In any case where the 
131.4   construction of a facility has not been completed, the public 
131.5   agency concerned may also transfer, sell, assign, and set over 
131.6   to the council commissioner, with or without consideration, any 
131.7   existing contract for the construction of the facilities.  
131.8      Sec. 73.  Minnesota Statutes 1996, section 473.405, 
131.9   subdivision 12, is amended to read: 
131.10     Subd. 12.  [MANAGEMENT CONTRACTS.] Notwithstanding any of 
131.11  the other provisions of this section and sections 473.407 to 
131.12  473.449, the council commissioner may, in lieu of directly 
131.13  operating any public transit system or any part thereof, enter 
131.14  into contracts for management services.  The contracts may 
131.15  provide for compensation, incentive fees, the employment of 
131.16  personnel, the services provided, and other terms and conditions 
131.17  that the council commissioner deems proper.  The contracts must 
131.18  provide that the compensation of personnel who work full time or 
131.19  substantially full time providing management or other services 
131.20  for the council commissioner is public data under chapter 13.  
131.21     The council commissioner may not permit a contract manager 
131.22  to supervise or manage internal audit activities.  Internal 
131.23  audit activity must be supervised and managed directly by the 
131.24  council commissioner.  The council commissioner shall advertise 
131.25  for bids and select contracts for management services through 
131.26  competitive bidding.  The term of the contract may not be longer 
131.27  than two years.  The contract must include clear operating 
131.28  objectives, stating the service policies and goals of 
131.29  the council commissioner in terms of the movement of various 
131.30  passenger groups, and performance criteria, by means of which 
131.31  success in achieving the operating objectives can be measured.  
131.32  The council commissioner shall consider and determine the 
131.33  feasibility and desirability of having all its transit 
131.34  management services provided internally by employees of the 
131.35  council commissioner.  
131.36     The employees of any public transit system operated 
132.1   pursuant to the provisions of this subdivision for the purpose 
132.2   of resolving any dispute arising under any existing or new 
132.3   collective bargaining agreement relating to the terms or 
132.4   conditions of their employment, may either engage in a concerted 
132.5   refusal to work or to invoke the processes of final and binding 
132.6   arbitration as provided by chapter 572, subject to any 
132.7   applicable provisions of the agreement not inconsistent with law.
132.8      Sec. 74.  Minnesota Statutes 1996, section 473.405, 
132.9   subdivision 15, is amended to read: 
132.10     Subd. 15.  [RELOCATION OF DISPLACED PERSONS.] The 
132.11  council commissioner may plan for and assist in the relocation 
132.12  of individuals, families, business concerns, nonprofit 
132.13  organizations, and others displaced by operations of the council 
132.14  department, and may make relocation payments in accordance with 
132.15  federal regulations.  
132.16     Sec. 75.  Minnesota Statutes 1996, section 473.4051, is 
132.17  amended to read: 
132.18     473.4051 [LIGHT RAIL TRANSIT OPERATION.] 
132.19     The council department shall operate light rail transit 
132.20  facilities and services upon completion of construction of the 
132.21  facilities and the commencement of revenue service using the 
132.22  facilities.  The commissioner of transportation and the council 
132.23  may not allow the commencement of revenue service until after an 
132.24  appropriate period of acceptance testing to ensure satisfactory 
132.25  performance.  In assuming the operation of the system, the 
132.26  council commissioner must comply with section 473.415.  The 
132.27  council commissioner shall coordinate operation of the light 
132.28  rail transit system with bus service to avoid duplication of 
132.29  service on a route served by light rail transit and to ensure 
132.30  the widest possible access to light rail transit lines in both 
132.31  suburban and urban areas by means of a feeder bus system.  
132.32     Sec. 76.  Minnesota Statutes 1996, section 473.407, 
132.33  subdivision 1, is amended to read: 
132.34     Subdivision 1.  [AUTHORIZATION.] The council commissioner 
132.35  may appoint peace officers, as defined in section 626.84, 
132.36  subdivision 1, paragraph (c), and establish a law enforcement 
133.1   agency, as defined in section 626.84, subdivision 1, paragraph 
133.2   (h), known as the metropolitan transit police, to police its 
133.3   transit property and routes and to make arrests under sections 
133.4   629.30 and 629.34.  The jurisdiction of the law enforcement 
133.5   agency is limited to offenses relating to council department 
133.6   transit property, equipment, employees, and passengers. 
133.7      Sec. 77.  Minnesota Statutes 1996, section 473.407, 
133.8   subdivision 3, is amended to read: 
133.9      Subd. 3.  [POLICIES.] Before the council commissioner 
133.10  begins to operate its the department's law enforcement agency 
133.11  within a city or county with an existing law enforcement agency, 
133.12  the transit police shall develop, in conjunction with the law 
133.13  enforcement agencies, written policies that describe how the 
133.14  issues of joint jurisdiction will be resolved.  The policies 
133.15  must also address the operation of emergency vehicles by transit 
133.16  police responding to transit emergencies.  These policies must 
133.17  be filed with the board of peace officer standards and training 
133.18  by August 1, 1993.  Revisions of any of these policies must be 
133.19  filed with the board within ten days of the effective date of 
133.20  the revision.  The council commissioner shall train all of its 
133.21  peace officers regarding the application of these policies. 
133.22     Sec. 78.  Minnesota Statutes 1996, section 473.407, 
133.23  subdivision 4, is amended to read: 
133.24     Subd. 4.  [CHIEF LAW ENFORCEMENT OFFICER.] The 
133.25  council commissioner shall appoint a peace officer employed full 
133.26  time to be the chief law enforcement officer and to be 
133.27  responsible for the management of the law enforcement agency.  
133.28  The person shall possess the necessary police and management 
133.29  experience and have the title of chief of metropolitan transit 
133.30  police services.  All other police management and supervisory 
133.31  personnel must be employed full time by the council 
133.32  commissioner.  Supervisory personnel must be on duty and 
133.33  available any time transit police are on duty.  The 
133.34  council commissioner may not hire part-time peace officers as 
133.35  defined in section 626.84, subdivision 1, paragraph (f), except 
133.36  that the council commissioner may appoint peace officers to work 
134.1   on a part-time basis not to exceed 30 full-time equivalents. 
134.2      Sec. 79.  Minnesota Statutes 1996, section 473.407, 
134.3   subdivision 5, is amended to read: 
134.4      Subd. 5.  [EMERGENCIES.] (a) The council commissioner shall 
134.5   ensure that all emergency vehicles used by transit police are 
134.6   equipped with radios capable of receiving and transmitting on 
134.7   the same frequencies utilized by the law enforcement agencies 
134.8   that have primary jurisdiction. 
134.9      (b) When the transit police receive an emergency call they 
134.10  shall notify the public safety agency with primary jurisdiction 
134.11  and coordinate the appropriate response. 
134.12     (c) Transit police officers shall notify the primary 
134.13  jurisdictions of their response to any emergency. 
134.14     Sec. 80.  Minnesota Statutes 1996, section 473.408, 
134.15  subdivision 1, is amended to read: 
134.16     Subdivision 1.  [DEFINITION.] "Off-peak hours" means the 
134.17  time from 9:00 a.m. to 3:30 p.m. and 6:30 p.m. until the last 
134.18  bus on Monday through Friday of each week and all day Saturday, 
134.19  Sunday, and holidays designated by the council commissioner. 
134.20     Sec. 81.  Minnesota Statutes 1996, section 473.408, 
134.21  subdivision 2, is amended to read: 
134.22     Subd. 2.  [FARE POLICY.] (a) Fares and fare collection 
134.23  systems shall be established and administered to accomplish the 
134.24  following purposes: 
134.25     (1) to encourage and increase transit and paratransit 
134.26  ridership with an emphasis on regular ridership; 
134.27     (2) to restrain increases in the average operating subsidy 
134.28  per passenger; 
134.29     (3) to ensure that no riders on any route pay more in fares 
134.30  than the average cost of providing the service on that route; 
134.31     (4) to ensure that operating revenues are proportioned to 
134.32  the cost of providing the service so as to reduce any disparity 
134.33  in the subsidy per passenger on routes in the transit system; 
134.34  and 
134.35     (5) to implement the social fares as set forth in 
134.36  subdivision 2b.  
135.1      (b) The plan must contain a statement of the policies that 
135.2   will govern the imposition of user charges for various types of 
135.3   transit service and the policies that will govern decisions by 
135.4   the council commissioner to change fare policy. 
135.5      Sec. 82.  Minnesota Statutes 1996, section 473.408, 
135.6   subdivision 2a, is amended to read: 
135.7      Subd. 2a.  [REGULAR ROUTE FARES.] The council commissioner 
135.8   shall establish and enforce uniform fare policies for regular 
135.9   route transit in the metropolitan area.  The policies must be 
135.10  consistent with the requirements of this section and the 
135.11  council's office of strategic and long-range planning's 
135.12  transportation policy plan.  The council commissioner and other 
135.13  operators shall charge a base fare and any surcharges for peak 
135.14  hours and distance of service in accordance with the 
135.15  council's commissioner's fares policies.  The council 
135.16  commissioner shall approve all fare schedules. 
135.17     Sec. 83.  Minnesota Statutes 1996, section 473.408, 
135.18  subdivision 2b, is amended to read: 
135.19     Subd. 2b.  [SOCIAL FARES.] For the purposes of raising 
135.20  revenue for improving public safety on transit vehicles and at 
135.21  transit hubs or stops, the council commissioner shall review and 
135.22  may adjust its social fares as they relate to passengers under 
135.23  the age of 18 during high crime times provided that the 
135.24  increased revenues are dedicated to improving the safety of all 
135.25  passengers. 
135.26     Sec. 84.  Minnesota Statutes 1996, section 473.408, 
135.27  subdivision 4, is amended to read: 
135.28     Subd. 4.  [CIRCULATION FARES.] The council commissioner and 
135.29  other operators may charge a reduced fare for service on any 
135.30  route providing circulation service in a downtown area or 
135.31  community activity center.  The council commissioner and other 
135.32  operators shall not contribute more than 50 percent of the 
135.33  operating deficit of any such route that is confined to a 
135.34  downtown area or community activity center.  The boundaries of 
135.35  service districts eligible for reduced fares under this 
135.36  subdivision must be approved by the council commissioner. 
136.1      Sec. 85.  Minnesota Statutes 1996, section 473.408, 
136.2   subdivision 6, is amended to read: 
136.3      Subd. 6.  [MONTHLY PASSES.] The council commissioner may 
136.4   offer monthly passes for regular route bus service for sale to 
136.5   the general public.  
136.6      Sec. 86.  Minnesota Statutes 1996, section 473.408, 
136.7   subdivision 7, is amended to read: 
136.8      Subd. 7.  [EMPLOYEE PLAN.] The council commissioner may 
136.9   offer monthly passes for regular route bus service for sale to 
136.10  employers at a special discount subject to the provisions of 
136.11  this subdivision.  An employer may be eligible to purchase 
136.12  passes at a special discount if the employer agrees to establish 
136.13  a payroll deduction plan as a means for its employees to 
136.14  purchase the passes at a price at or below the amount charged by 
136.15  the council commissioner.  The special discount on passes sold 
136.16  pursuant to this subdivision shall be determined by the council 
136.17  commissioner. 
136.18     Sec. 87.  Minnesota Statutes 1996, section 473.409, is 
136.19  amended to read: 
136.20     473.409 [AGREEMENTS WITH COMMISSION COMMISSIONER; 
136.21  ENCOURAGEMENT OF TRANSIT USE.] 
136.22     A state department or agency, including the legislative 
136.23  branch, any local governmental unit, or a metropolitan agency 
136.24  may enter into an agreement with the council commissioner and 
136.25  other operators for the purpose of encouraging the use of 
136.26  transit by its employees residing in the metropolitan area.  The 
136.27  agreement may provide for, among other things:  (a) the advance 
136.28  purchase of tokens, tickets or other devices from the council 
136.29  commissioner or other operator for use in lieu of fares on 
136.30  vehicles operated by the council commissioner or other operator; 
136.31  and (b) special transit service for employees to and from their 
136.32  place of employment, at fares to be agreed upon by the 
136.33  contracting parties.  The tokens, tickets, or other devices or 
136.34  services may be made available to employees at reduced rates.  
136.35  Any such agreement and arrangement by a state department or 
136.36  agency shall be submitted to the commissioner of administration 
137.1   for approval before execution.  Any operating deficits or 
137.2   subsidy resulting from such agreements shall be assumed by the 
137.3   contracting department, agency, governmental unit, or other 
137.4   commission, unless otherwise provided in an agreement approved 
137.5   by the council commissioner. 
137.6      Sec. 88.  Minnesota Statutes 1996, section 473.411, 
137.7   subdivision 5, is amended to read: 
137.8      Subd. 5.  [USE OF PUBLIC ROADWAYS AND APPURTENANCES.] 
137.9   The council commissioner may use for the purposes of sections 
137.10  473.405 to 473.449 upon the conditions stated in this 
137.11  subdivision any state highway or other public roadway, parkway, 
137.12  or lane, or any bridge or tunnel or other appurtenance of a 
137.13  roadway, without payment of any compensation, provided the use 
137.14  does not interfere unreasonably with the public use or 
137.15  maintenance of the roadway or appurtenance or entail any 
137.16  substantial additional costs for maintenance.  The provisions of 
137.17  this subdivision do not apply to the property of any common 
137.18  carrier railroad or common carrier railroads.  The consent of 
137.19  the public agency in charge of such state highway or other 
137.20  public highway or roadway or appurtenance is not required; 
137.21  except that If the council commissioner seeks to use a 
137.22  designated parkway for regular route service in the city of 
137.23  Minneapolis, it the commissioner must obtain permission from and 
137.24  is subject to reasonable limitations imposed by a joint board 
137.25  consisting of two representatives from of the council 
137.26  commissioner, two members of the board of park commissioners, 
137.27  and a fifth member jointly selected by the representatives of 
137.28  the council commissioner and the park board.  
137.29     The board of park commissioners and the council 
137.30  commissioner may designate persons to sit on the joint board.  
137.31  In considering a request by the council commissioner to use 
137.32  designated parkways for additional routes or trips, the joint 
137.33  board consisting of the council or their commissioner's 
137.34  designees, the board of park commissioners or their designees, 
137.35  and the fifth member, shall base its decision to grant or deny 
137.36  the request based on the criteria to be established by the joint 
138.1   board.  The decision to grant or deny the request must be made 
138.2   within 45 days of the date of the request.  The park board must 
138.3   be notified immediately by the council commissioner of any 
138.4   temporary route detours.  If the park board objects to the 
138.5   temporary route detours within five days of being notified, the 
138.6   joint board must convene and decide whether to grant the 
138.7   request, otherwise the request is deemed granted.  If the agency 
138.8   objects to the proposed use or claims reimbursement from 
138.9   the council commissioner for additional cost of maintenance, it 
138.10  may commence an action against the council commissioner in the 
138.11  district court of the county wherein the highway, roadway, or 
138.12  appurtenance, or major portion thereof, is located.  The 
138.13  proceedings in the action must conform to the rules of civil 
138.14  procedure applicable to the district courts.  The court shall 
138.15  sit without jury.  If the court determines that the use in 
138.16  question interferes unreasonably with the public use or 
138.17  maintenance of the roadway or appurtenance, it shall enjoin the 
138.18  use by the council commissioner.  If the court determines that 
138.19  the use in question does not interfere unreasonably with the 
138.20  public use or maintenance of the roadway or appurtenance, but 
138.21  that it entails substantial additional maintenance costs, the 
138.22  court shall award judgment to the agency for the amount of the 
138.23  additional costs.  Otherwise the court shall award judgment to 
138.24  the council commissioner.  An aggrieved party may appeal from 
138.25  the judgment of the district court in the same manner as is 
138.26  provided for such appeals in other civil actions.  The council 
138.27  commissioner may also use land within the right-of-way of any 
138.28  state highway or other public roadway for the erection of 
138.29  traffic control devices, other signs, and passenger shelters 
138.30  upon the conditions stated in this subdivision and subject only 
138.31  to the approval of the commissioner of transportation where 
138.32  required by statute, and subject to the express provisions of 
138.33  other applicable statutes and to federal requirements where 
138.34  necessary to qualify for federal aid. 
138.35     Sec. 89.  Minnesota Statutes 1996, section 473.415, 
138.36  subdivision 1, is amended to read: 
139.1      Subdivision 1.  If the council commissioner acquires an 
139.2   existing transit system, the council commissioner shall assume 
139.3   and observe all existing labor contracts and pension 
139.4   obligations.  All employees of such system except executive and 
139.5   administrative officers who are necessary for the operation 
139.6   thereof by the council commissioner shall be transferred to and 
139.7   appointed as employees of the council department for the 
139.8   purposes of the transit system, subject to all the rights and 
139.9   benefits of sections 473.405 to 473.449.  Such employees shall 
139.10  be given seniority credit and sick leave, vacation, insurance, 
139.11  and pension credits in accordance with the records or labor 
139.12  agreements from the acquired transit system.  The 
139.13  council commissioner shall assume the obligations of any transit 
139.14  system acquired by it the department with regard to wages, 
139.15  salaries, hours, working conditions, sick leave, health and 
139.16  welfare and pension or retirement provisions for employees.  The 
139.17  council commissioner and the employees, through their 
139.18  representatives for collective bargaining purposes, shall take 
139.19  whatever action may be necessary to have pension trust funds 
139.20  presently under the joint control of the acquired system and the 
139.21  participating employees through their representatives 
139.22  transferred to the trust fund to be established, maintained and 
139.23  administered jointly by the council state and the participating 
139.24  employees through their representatives.  No employee of any 
139.25  acquired system who is transferred to a position with the 
139.26  council department shall by reason of such transfer be placed in 
139.27  any worse position with respect to workers' compensation, 
139.28  pension, seniority, wages, sick leave, vacation, health and 
139.29  welfare insurance or any other benefits than the employee 
139.30  enjoyed as an employee of such acquired system. 
139.31     Sec. 90.  Minnesota Statutes 1996, section 473.416, is 
139.32  amended to read: 
139.33     473.416 [COUNCIL; TAKING OVER PERSONNEL AND CONTRACTS OF 
139.34  TRANSIT SYSTEMS.] 
139.35     Whenever the council department directly operates any 
139.36  public transit system, or any part thereof, or enters into any 
140.1   management contract or other arrangement for the operation of a 
140.2   system, the council commissioner shall take the action necessary 
140.3   to extend to employees of the affected public transit systems, 
140.4   in accordance with seniority, the first opportunity for 
140.5   reasonably comparable employment in any available nonsupervisory 
140.6   jobs in respect to such operations for which they can qualify 
140.7   after a reasonable training period.  The employment must not 
140.8   result in any worsening of the employee's position in the 
140.9   employee's former employment nor any loss of wages, hours, 
140.10  working conditions, seniority, fringe benefits, and rights and 
140.11  privileges pertaining thereto.  The council commissioner may 
140.12  enter into an agreement specifying fair and equitable 
140.13  arrangements to protect the interests of employees who may be 
140.14  affected if the council commissioner should acquire any interest 
140.15  in or purchase any facilities or other property of a privately 
140.16  owned and operated transit system, or construct, improve, or 
140.17  reconstruct any facilities or other property acquired from any 
140.18  system, or provide by contract or otherwise for the operation of 
140.19  transportation facilities or equipment in competition with, or 
140.20  supplementary to, the service provided by an existing transit 
140.21  system.  The agreement, specifying the terms and conditions of 
140.22  the protective arrangements, must comply with any applicable 
140.23  requirements of this chapter, and with the requirements of any 
140.24  federal law or regulation if federal aid is involved.  The 
140.25  agreement may provide for final and binding arbitration of any 
140.26  dispute.  
140.27     Sec. 91.  Minnesota Statutes 1996, section 473.42, is 
140.28  amended to read: 
140.29     473.42 [EMPLOYER CONTRIBUTIONS FOR CERTAIN EMPLOYEES.] 
140.30     Notwithstanding any contrary provisions of section 352.029, 
140.31  the council state shall make the employer contributions required 
140.32  pursuant to section 352.04, subdivision 3, for any employee who 
140.33  was on authorized leave of absence from the transit operating 
140.34  division of the former metropolitan transit commission who is 
140.35  employed by the labor organization which is the exclusive 
140.36  bargaining agent representing employees of the office of transit 
141.1   operations and who is covered by the Minnesota state retirement 
141.2   system in addition to all other employer contributions the 
141.3   council state is required to make. 
141.4      Sec. 92.  Minnesota Statutes 1996, section 473.448, is 
141.5   amended to read: 
141.6      473.448 [TRANSIT ASSETS EXEMPT FROM TAX BUT MUST PAY 
141.7   ASSESSMENTS.] 
141.8      (a) Notwithstanding any other provision of law to the 
141.9   contrary, the properties, moneys, and other assets of the 
141.10  council department of transportation used for transit operations 
141.11  in the metropolitan area or for special transportation 
141.12  services in the metropolitan area and all revenues or other 
141.13  income from the council's department's transit operations in the 
141.14  metropolitan area or special transportation services in the 
141.15  metropolitan area are exempt from all taxation, licenses, or 
141.16  fees imposed by the state or by any county, municipality, 
141.17  political subdivision, taxing district, or other public agency 
141.18  or body of the state. 
141.19     (b) Notwithstanding paragraph (a), the council's 
141.20  department's transit properties are subject to special 
141.21  assessments levied by a political subdivision for a local 
141.22  improvement in amounts proportionate to and not exceeding the 
141.23  special benefit received by the properties from the improvement. 
141.24     Sec. 93.  Minnesota Statutes 1996, section 473.449, is 
141.25  amended to read: 
141.26     473.449 [ACT EXCLUSIVE.] 
141.27     The exercise by the council commissioner of the powers 
141.28  provided in sections 473.405 to 473.449 shall not be subject to 
141.29  regulation by or the jurisdiction or control of any other public 
141.30  body or agency, either state, county, or municipal, except as 
141.31  specifically provided in this chapter. 
141.32     Sec. 94.  [BONDS.] 
141.33     Bonds and other debt authorized by Minnesota Statutes, 
141.34  sections 473.39 and 473.436 that are outstanding on the 
141.35  effective date of this article must be paid and retired 
141.36  according to those sections, Minnesota Statutes, section 
142.1   473.446, and the terms of the bonds or other debt instruments.  
142.2   The auditors of the metropolitan counties shall see to the 
142.3   administration of this section. 
142.4      Sec. 95.  [TRANSFER PROVISIONS.] 
142.5      Subdivision 1.  [GENERAL.] The metropolitan council's 
142.6   powers and duties related to transit financing, coordination, 
142.7   and operation are transferred to the commissioner of 
142.8   transportation.  Minnesota Statutes, section 15.039 applies to 
142.9   the transfer of the council's powers and duties to the 
142.10  commissioner to the extent practicable. 
142.11     Subd. 2.  [LEGISLATIVE PROPOSAL.] (a) The commissioner of 
142.12  transportation shall prepare and submit to the legislature by 
142.13  February 1, 1999, proposed legislation to integrate the 
142.14  department's metropolitan area transit powers and duties with 
142.15  its other transportation powers and duties. 
142.16     (b) The proposal must include the following elements:  
142.17     (1) the metropolitan council transit operations will become 
142.18  MnDOT transit division (MTD); 
142.19     (2) a dedicated fund adequate for MTD transit operations be 
142.20  established separate from road and bridge and other 
142.21  transportation department funds; 
142.22     (3) MTD must fully prorate and advertise publicly-owned and 
142.23  operated transit for the metropolitan area; 
142.24     (4) MTD will continue to operate and maintain regional 
142.25  fleet buses and routes with a process set up to transfer 
142.26  ownership of the regional fleet buses to MTD; 
142.27     (5) MCTO Union Local 1005 employees who were absorbed into 
142.28  metropolitan council headquarters be given an opportunity to 
142.29  transfer to the new MTD by a process in the legislative 
142.30  proposal; 
142.31     (6) MCTO Union Local 1005 employees at the time of the 
142.32  transfer from MCTO to MDT be transferred to MTD and that the 
142.33  collective bargaining agreement in effect for Transit Union 
142.34  Local 1005 at the time of the transfer continue in effect 
142.35  unchanged; and 
142.36     (7) so-called opt-out and similar transit services that use 
143.1   MTD fare boxes, radio system, transit supervision, police, 
143.2   security, maintenance, mechanical, and other services may 
143.3   continue to do so if a fee is paid to MDT for the reasonable 
143.4   value of the services. 
143.5      Sec. 96.  [APPROPRIATION.] 
143.6      $....... is appropriated from the general fund to the 
143.7   commissioner of transportation for the biennium ending June 30, 
143.8   1999, for the purposes of this article. 
143.9      Sec. 97.  [REPEALER.] 
143.10     Minnesota Statutes 1996, sections 174.22, subdivision 3; 
143.11  473.167, subdivisions 3, 3a, and 4; 473.388, subdivisions 1, 2, 
143.12  3, 4, and 5; 473.39, subdivisions 1, 1a, 1b, 2, and 4; 473.3915, 
143.13  subdivisions 5 and 6; 473.411, subdivisions 3 and 4; 473.436, 
143.14  subdivisions 2, 3, and 6; and 473.446, are repealed. 
143.15     Sec. 98.  [EFFECTIVE DATE.] 
143.16     This article is effective July 1, 1998. 
143.17                             ARTICLE 4
143.18               METROPOLITAN WASTE CONTROL COMMISSION
143.19     Section 1.  Minnesota Statutes 1996, section 115.54, is 
143.20  amended to read: 
143.21     115.54 [TECHNICAL ADVISORY COMMITTEE.] 
143.22     The agency shall adopt and revise rules governing waste 
143.23  water treatment control under this chapter or chapter 116 only 
143.24  with the advice of a technical advisory committee of seven 
143.25  members.  One member of the committee shall be selected by each 
143.26  of the following:  the state Consulting Engineers Council, the 
143.27  Minnesota chapter of the Central States Water Pollution Control 
143.28  Federation, the Association of Minnesota Counties, the state 
143.29  Wastewater Treatment Plant Operators Association, the 
143.30  metropolitan council waste control commission, the state 
143.31  Association of Small Cities, and the League of Minnesota 
143.32  Cities.  The technical advisory committee may review and advise 
143.33  the agency on any rule or technical requirements governing the 
143.34  wastewater treatment grant or loan program and may review the 
143.35  work of other professional persons working on a wastewater 
143.36  treatment project and make recommendations to those persons, the 
144.1   agency, and the concerned municipality, in order for the agency 
144.2   to ensure that water quality treatment standards will be met.  
144.3   The committee shall meet at least once a year, or at the call of 
144.4   the chair, and shall elect its chair.  The agency must provide 
144.5   staff support for the committee, prepare committee minutes, and 
144.6   provide information to the committee it may request.  A quorum 
144.7   is a simple majority and official action must be by a majority 
144.8   vote of the quorum.  The committee expires as provided in 
144.9   section 15.059, subdivision 5. 
144.10     Sec. 2.  Minnesota Statutes 1996, section 115.741, 
144.11  subdivision 2, is amended to read: 
144.12     Subd. 2.  [GEOGRAPHIC REPRESENTATION.] At least one of the 
144.13  water supply system operators and at least one of the wastewater 
144.14  treatment facility operators must be from outside the 
144.15  seven-county metropolitan area and one wastewater operator must 
144.16  come from the metropolitan council wastewater services waste 
144.17  control commission. 
144.18     Sec. 3.  Minnesota Statutes 1996, section 116.16, 
144.19  subdivision 2, is amended to read: 
144.20     Subd. 2.  [DEFINITIONS.] In this section and sections 
144.21  116.17 and 116.18: 
144.22     (1) Agency means the Minnesota pollution control agency 
144.23  created by this chapter; 
144.24     (2) Municipality means any county, city, town, the 
144.25  metropolitan council waste control commission, or an Indian 
144.26  tribe or an authorized Indian tribal organization, and any other 
144.27  governmental subdivision of the state responsible by law for the 
144.28  prevention, control, and abatement of water pollution in any 
144.29  area of the state; 
144.30     (3) Water pollution control program means the Minnesota 
144.31  state water pollution control program created by subdivision 1; 
144.32     (4) Bond account means the Minnesota state water pollution 
144.33  control bond account created in the state bond fund by section 
144.34  116.17, subdivision 4; 
144.35     (5) Terms defined in section 115.01 have the meanings 
144.36  therein given them; 
145.1      (6) The eligible cost of any municipal project, except as 
145.2   otherwise provided in clause (7), includes (a) preliminary 
145.3   planning to determine the economic, engineering, and 
145.4   environmental feasibility of the project; (b) engineering, 
145.5   architectural, legal, fiscal, economic, sociological, project 
145.6   administrative costs of the agency and the municipality, and 
145.7   other investigations and studies; (c) surveys, designs, plans, 
145.8   working drawings, specifications, procedures, and other actions 
145.9   necessary to the planning, design, and construction of the 
145.10  project; (d) erection, building, acquisition, alteration, 
145.11  remodeling, improvement, and extension of disposal systems; (e) 
145.12  inspection and supervision of construction; and (f) all other 
145.13  expenses of the kinds enumerated in section 475.65; 
145.14     (7) For state grants under the state independent grants 
145.15  program, the eligible cost includes the acquisition of land for 
145.16  stabilization ponds, the construction of collector sewers for 
145.17  totally unsewered statutory and home rule charter cities and 
145.18  towns described under section 368.01, subdivision 1 or 1a, that 
145.19  are in existence on January 1, 1985, and the provision of 
145.20  reserve capacity sufficient to serve the reasonable needs of the 
145.21  municipality for 20 years in the case of treatment works and 40 
145.22  years in the case of sewer systems.  For state grants under the 
145.23  state independent grants program, the eligible cost does not 
145.24  include the provision of service to seasonal homes, or cost 
145.25  increases from contingencies that exceed three percent of as-bid 
145.26  costs or cost increases from unanticipated site conditions that 
145.27  exceed an additional two percent of as-bid costs; 
145.28     (8) Authority means the Minnesota public facilities 
145.29  authority established in section 446A.03. 
145.30     Sec. 4.  Minnesota Statutes 1996, section 116.182, 
145.31  subdivision 1, is amended to read: 
145.32     Subdivision 1.  [DEFINITIONS.] (a) For the purposes of this 
145.33  section, the terms defined in this subdivision have the meanings 
145.34  given them. 
145.35     (b) "Agency" means the pollution control agency. 
145.36     (c) "Authority" means the public facilities authority 
146.1   established in section 446A.03. 
146.2      (d) "Commissioner" means the commissioner of the pollution 
146.3   control agency. 
146.4      (e) "Essential project components" means those components 
146.5   of a wastewater disposal system that are necessary to convey or 
146.6   treat a municipality's existing wastewater flows and loadings, 
146.7   and future wastewater flows and loadings based on the projected 
146.8   residential growth of the municipality for a 20-year period. 
146.9      (f) "Municipality" means a county, home rule charter or 
146.10  statutory city, town, the metropolitan council waste control 
146.11  commission, an Indian tribe or an authorized Indian tribal 
146.12  organization; or any other governmental subdivision of the state 
146.13  responsible by law for the prevention, control, and abatement of 
146.14  water pollution in any area of the state. 
146.15     Sec. 5.  Minnesota Statutes 1996, section 275.066, is 
146.16  amended to read: 
146.17     275.066 [SPECIAL TAXING DISTRICTS; DEFINITION.] 
146.18     For the purposes of property taxation and property tax 
146.19  state aids, the term "special taxing districts" includes the 
146.20  following entities: 
146.21     (1) watershed districts under chapter 103D; 
146.22     (2) sanitary districts under sections 115.18 to 115.37; 
146.23     (3) regional sanitary sewer districts under sections 115.61 
146.24  to 115.67; 
146.25     (4) regional public library districts under section 
146.26  134.201; 
146.27     (5) park districts under chapter 398; 
146.28     (6) regional railroad authorities under chapter 398A; 
146.29     (7) hospital districts under sections 447.31 to 447.38; 
146.30     (8) St. Cloud metropolitan transit commission under 
146.31  sections 458A.01 to 458A.15; 
146.32     (9) Duluth transit authority under sections 458A.21 to 
146.33  458A.37; 
146.34     (10) regional development commissions under sections 
146.35  462.381 to 462.398; 
146.36     (11) housing and redevelopment authorities under sections 
147.1   469.001 to 469.047; 
147.2      (12) port authorities under sections 469.048 to 469.068; 
147.3      (13) economic development authorities under sections 
147.4   469.090 to 469.1081; 
147.5      (14) metropolitan council waste control commission under 
147.6   sections 473.123 to 473.549; 
147.7      (15) metropolitan airports commission under sections 
147.8   473.601 to 473.680; 
147.9      (16) metropolitan mosquito control commission under 
147.10  sections 473.701 to 473.716; 
147.11     (17) Morrison county rural development financing authority 
147.12  under Laws 1982, chapter 437, section 1; 
147.13     (18) Croft Historical Park District under Laws 1984, 
147.14  chapter 502, article 13, section 6; 
147.15     (19) East Lake county medical clinic district under Laws 
147.16  1989, chapter 211, sections 1 to 6; 
147.17     (20) Floodwood area ambulance district under Laws 1993, 
147.18  chapter 375, article 5, section 39; and 
147.19     (21) any other political subdivision of the state of 
147.20  Minnesota, excluding counties, school districts, cities, and 
147.21  towns, that has the power to adopt and certify a property tax 
147.22  levy to the county auditor, as determined by the commissioner of 
147.23  revenue. 
147.24     Sec. 6.  Minnesota Statutes 1996, section 352.04, 
147.25  subdivision 6, is amended to read: 
147.26     Subd. 6.  [QUASI-STATE AGENCIES; EMPLOYER CONTRIBUTIONS.] 
147.27  For those of their employees who are covered by the system, the 
147.28  state horticultural society, the Disabled American Veterans, 
147.29  Department of Minnesota, Veterans of Foreign Wars, Department of 
147.30  Minnesota, the Minnesota crop improvement association, the 
147.31  Minnesota historical society, the armory building commission, 
147.32  the Minnesota safety council, the metropolitan council and any 
147.33  of its statutory boards waste control commission, the employer 
147.34  of persons described in section 352.01, subdivision 2a, 
147.35  paragraph (a), clause (15), and any other agency employing 
147.36  employees covered by this system, respectively, shall also pay 
148.1   into the retirement fund the amount required by subdivision 3. 
148.2      Sec. 7.  Minnesota Statutes 1996, section 352D.02, 
148.3   subdivision 1, is amended to read: 
148.4      Subdivision 1.  [COVERAGE.] (a) Employees enumerated in 
148.5   paragraph (b), if they are in the unclassified service of the 
148.6   state or metropolitan council waste control commission and are 
148.7   eligible for coverage under the general state employees 
148.8   retirement plan under chapter 352, are participants in the 
148.9   unclassified program under this chapter unless the employee 
148.10  gives notice to the executive director of the Minnesota state 
148.11  retirement system within one year following the commencement of 
148.12  employment in the unclassified service that the employee desires 
148.13  coverage under the general state employees retirement plan.  For 
148.14  the purposes of this chapter, an employee who does not file 
148.15  notice with the executive director is deemed to have exercised 
148.16  the option to participate in the unclassified plan. 
148.17     (b) Enumerated employees are: 
148.18     (1) an employee in the office of the governor, lieutenant 
148.19  governor, secretary of state, state auditor, state treasurer, 
148.20  attorney general, or an employee of the state board of 
148.21  investment; 
148.22     (2) the head of a department, division, or agency created 
148.23  by statute in the unclassified service, an acting department 
148.24  head subsequently appointed to the position, or an employee 
148.25  enumerated in section 15A.081, subdivision 1 or 15A.083, 
148.26  subdivision 4; 
148.27     (3) a permanent, full-time unclassified employee of the 
148.28  legislature or a commission or agency of the legislature or a 
148.29  temporary legislative employee having shares in the supplemental 
148.30  retirement fund as a result of former employment covered by this 
148.31  chapter, whether or not eligible for coverage under the 
148.32  Minnesota state retirement system; 
148.33     (4) a person who is employed in a position established 
148.34  under section 43A.08, subdivision 1, clause (3), or in a 
148.35  position authorized under a statute creating or establishing a 
148.36  department or agency of the state, which is at the deputy or 
149.1   assistant head of department or agency or director level; 
149.2      (5) the regional chief administrator, or executive director 
149.3   of the metropolitan council, general counsel, division 
149.4   directors, operations managers, and other positions as 
149.5   designated by the council metropolitan waste control commission, 
149.6   all of which may not exceed 27 nine positions at the council and 
149.7   the chair commission, provided that upon initial designation of 
149.8   all positions provided for in this clause, no further 
149.9   designations or redesignations may be made without approval of 
149.10  the board of directors of the Minnesota state retirement system; 
149.11     (6) the executive director, associate executive director, 
149.12  and not to exceed nine positions of the higher education 
149.13  services office in the unclassified service, as designated by 
149.14  the higher education services office before January 1, 1992, or 
149.15  subsequently redesignated with the approval of the board of 
149.16  directors of the Minnesota state retirement system, unless the 
149.17  person has elected coverage by the individual retirement account 
149.18  plan under chapter 354B; 
149.19     (7) the clerk of the appellate courts appointed under 
149.20  article VI, section 2, of the Constitution of the state of 
149.21  Minnesota; 
149.22     (8) the chief executive officers of correctional facilities 
149.23  operated by the department of corrections and of hospitals and 
149.24  nursing homes operated by the department of human services; 
149.25     (9) an employee whose principal employment is at the state 
149.26  ceremonial house; 
149.27     (10) an employee of the Minnesota educational computing 
149.28  corporation; 
149.29     (11) an employee of the world trade center board; and 
149.30     (12) an employee of the state lottery board who is covered 
149.31  by the managerial plan established under section 43A.18, 
149.32  subdivision 3. 
149.33     Sec. 8.  Minnesota Statutes 1996, section 422A.01, 
149.34  subdivision 9, is amended to read: 
149.35     Subd. 9.  "Public corporation" includes metropolitan 
149.36  airports commission, metropolitan council waste control 
150.1   commission and municipal employees retirement fund. 
150.2      Sec. 9.  Minnesota Statutes 1996, section 422A.101, 
150.3   subdivision 2a, is amended to read: 
150.4      Subd. 2a.  [CONTRIBUTIONS BY METROPOLITAN AIRPORTS 
150.5   COMMISSION AND METROPOLITAN COUNCIL WASTE CONTROL COMMISSION.] 
150.6   The metropolitan airports commission and the 
150.7   metropolitan council waste control commission shall pay to the 
150.8   Minneapolis employees retirement fund annually in installments 
150.9   as specified in subdivision 3 the share of the additional 
150.10  support rate required for full amortization of the unfunded 
150.11  actuarial accrued liabilities by June 30, 2020, that is 
150.12  attributable to employees of the airports commission or former 
150.13  metropolitan waste control commission who are members of the 
150.14  fund.  The amount of the payment shall be determined as if the 
150.15  airport commission and metropolitan council's commission's 
150.16  employer contributions determined under subdivision 2 had also 
150.17  included a proportionate share of a $1,000,000 annual employer 
150.18  amortization contribution.  The amount of this $1,000,000 annual 
150.19  employer amortization contribution that would have been 
150.20  allocated to the commission or council commissions would have 
150.21  been based on the share of the fund's unfunded actuarial accrued 
150.22  liability attributed to the commission or council commissions 
150.23  compared to the total unfunded actuarial accrued liability 
150.24  attributed to all employers under subdivisions 1a and 2.  The 
150.25  determinations required under this subdivision must be based on 
150.26  the most recent actuarial valuation prepared by the actuary 
150.27  retained by the legislative commission on pensions and 
150.28  retirement. 
150.29     Sec. 10.  Minnesota Statutes 1996, section 471.591, 
150.30  subdivision 1, is amended to read: 
150.31     Subdivision 1.  In the beginning stage of the planning 
150.32  process, and before preparation of any detailed technical plans 
150.33  for the extension of municipal services into an unincorporated 
150.34  area, a city shall meet at least once with the town board of the 
150.35  affected area and the county planning commission, in joint 
150.36  session, to review the plans and consider the comments of the 
151.1   town board and the county planning commission.  The city may 
151.2   thereafter proceed to undertake the proposed extension in 
151.3   accordance with applicable law.  Any duly organized sewer 
151.4   district or sanitary district created pursuant to special law or 
151.5   pursuant to chapter 115 or, 116A, sections 473.501 to 473.549 or 
151.6   473, or section 103F.801 is not affected by this section. 
151.7      Sec. 11.  Minnesota Statutes 1996, section 473.121, 
151.8   subdivision 5a, is amended to read: 
151.9      Subd. 5a.  [METROPOLITAN AGENCY.] "Metropolitan agency" 
151.10  means the metropolitan parks and open space commission, 
151.11  metropolitan airports commission, metropolitan waste control 
151.12  commission, and metropolitan sports facilities commission. 
151.13     Sec. 12.  Minnesota Statutes 1996, section 473.121, 
151.14  subdivision 24, is amended to read: 
151.15     Subd. 24.  [METROPOLITAN DISPOSAL SYSTEM.] "Metropolitan 
151.16  disposal system" means any or all of the interceptors or 
151.17  treatment works owned or operated by the metropolitan council 
151.18  wastewater control commission. 
151.19     Sec. 13.  Minnesota Statutes 1996, section 473.121, is 
151.20  amended by adding a subdivision to read: 
151.21     Subd. 24a.  [METROPOLITAN WASTE CONTROL 
151.22  COMMISSION.] "Metropolitan waste control commission" means the 
151.23  agency established in section 473.123. 
151.24     Sec. 14.  Minnesota Statutes 1996, section 473.123, 
151.25  subdivision 1, is amended to read: 
151.26     Subdivision 1.  [CREATION.] A metropolitan council waste 
151.27  control commission with jurisdiction in the metropolitan area is 
151.28  established as a public corporation and political subdivision of 
151.29  the state.  It shall be under the supervision and control of 17 
151.30  members, all of whom shall be residents of the metropolitan area 
151.31  organized and structured as provided in this section, section 
151.32  473.129, and sections 473.501 to 473.549. 
151.33     Sec. 15.  Minnesota Statutes 1996, section 473.123, 
151.34  subdivision 2a, is amended to read: 
151.35     Subd. 2a.  [TERMS.] (a) Following each apportionment of 
151.36  council commission districts, as provided under subdivision 3a, 
152.1   council commission members must be appointed from newly drawn 
152.2   districts as provided in subdivision 3a.  Each council member, 
152.3   other than the chair, must reside in the council district 
152.4   represented.  Each council district must be represented by one 
152.5   member of the council.  The terms of members end with the term 
152.6   of the governor as provided in this subdivision, except that all 
152.7   terms expire on the effective date of the next an 
152.8   apportionment.  A member serves at the pleasure of the 
152.9   governor.  A member shall continue to serve the member's 
152.10  district until a successor is appointed and qualified; except 
152.11  that, following each apportionment, the member shall continue to 
152.12  serve at large until the governor appoints 16 council eight 
152.13  commission members, one from each of the newly drawn council 
152.14  commission districts as provided under subdivision 3a, to serve 
152.15  terms as provided under this section.  The appointment to 
152.16  the council commission must be made by the first Monday in March 
152.17  of the year in which the term ends.  
152.18     (b) Notwithstanding other law, the terms of all members 
152.19  from districts serving on June 30, 1997, expire on July 1, 1997. 
152.20     The terms of four district seats (which four to be 
152.21  determined by lot before July 1, 1997, by the commission) expire 
152.22  on the first Monday in January 1999.  The terms of the other 
152.23  four district seats expire on the first Monday in January in 
152.24  2001.  The terms of all district seats expire on the effective 
152.25  date of the next apportionment.  Before appointments are made 
152.26  following an apportionment, the commission by lot shall 
152.27  designate the terms of four district seats to expire on the 
152.28  first Monday in January in 2005 and 2009; the terms of the other 
152.29  four district seats expire on the first Monday in January in 
152.30  2007 and 2011.  The same process must be followed at the time of 
152.31  each apportionment. 
152.32     Sec. 16.  Minnesota Statutes 1996, section 473.123, 
152.33  subdivision 3, is amended to read: 
152.34     Subd. 3.  [MEMBERSHIP; APPOINTMENT; QUALIFICATIONS.] (a) 
152.35  Sixteen Eight members must be appointed by the governor on a 
152.36  nonpartisan basis from districts defined by this section.  
153.1   Each council member must reside in the council commission 
153.2   district represented.  Each council commission district must be 
153.3   represented by one member of the council commission. 
153.4      (b) In addition to the notice required by section 15.0597, 
153.5   subdivision 4, notice of vacancies and expiration of terms must 
153.6   be published in newspapers of general circulation in the 
153.7   metropolitan area and the appropriate districts.  The governing 
153.8   bodies of the statutory and home rule charter cities, counties, 
153.9   and towns having territory in the district for which a member is 
153.10  to be appointed must be notified in writing.  The notices must 
153.11  describe the appointments process and invite participation and 
153.12  recommendations on the appointment.  
153.13     (c) The governor shall create a nominating committee, 
153.14  composed of seven metropolitan citizens appointed by the 
153.15  governor, to nominate persons for appointment to the 
153.16  council commission from districts.  Three of the committee 
153.17  members must be local elected officials.  Following the 
153.18  submission of applications as provided under section 15.0597, 
153.19  subdivision 5, the nominating committee shall conduct public 
153.20  meetings, after appropriate notice, to accept statements from or 
153.21  on behalf of persons who have applied or been nominated for 
153.22  appointment and to allow consultation with and secure the advice 
153.23  of the public and local elected officials.  The committee shall 
153.24  hold the meeting on each appointment in the district or in a 
153.25  reasonably convenient and accessible location in the part of the 
153.26  metropolitan area in which the district is located.  The 
153.27  committee may consolidate meetings.  Following the meetings, the 
153.28  committee shall submit to the governor a list of nominees for 
153.29  each appointment.  The governor is not required to appoint from 
153.30  the list.  
153.31     (d) Before making an appointment, the governor shall 
153.32  consult with all members of the legislature from the council 
153.33  commission district for which the member is to be appointed.  
153.34     (e) Appointments to the council are subject to the advice 
153.35  and consent of the senate as provided in section 15.066. 
153.36     (f) Members of the council commission must be appointed to 
154.1   reflect fairly the various demographic, political, and other 
154.2   interests in the metropolitan area and the districts.  
154.3      (g) Members of the council must be persons knowledgeable 
154.4   about urban and metropolitan affairs. 
154.5      Sec. 17.  Minnesota Statutes 1996, section 473.123, 
154.6   subdivision 3a, is amended to read: 
154.7      Subd. 3a.  [REDISTRICTING.] The legislature shall redraw 
154.8   the boundaries of the council metropolitan waste control 
154.9   commission districts after each decennial federal census so that 
154.10  each district has substantially equal population.  Redistricting 
154.11  is effective in the year ending in the numeral "3."  Within 60 
154.12  days after a redistricting plan takes effect, the governor shall 
154.13  appoint members from the newly drawn districts to serve terms as 
154.14  provided under subdivision 2a. 
154.15     Sec. 18.  Minnesota Statutes 1996, section 473.123, 
154.16  subdivision 3c, is amended to read: 
154.17     Subd. 3c.  [DISTRICT BOUNDARIES.] The council metropolitan 
154.18  waste control commission district boundaries are as follows: 
154.19     (1) The first council commission district consists of that 
154.20  portion of Hennepin county consisting of the cities of Champlin, 
154.21  Corcoran, Dayton, Greenfield, Independence, Loretto, Maple 
154.22  Grove, Maple Plain, Medicine Lake, Medina, Minnetrista, Mound, 
154.23  Osseo, Plymouth, Rockford, Rogers, and St. Bonifacius, and the 
154.24  town of Hassan., and 
154.25     (2) The second council district consists of that portion of 
154.26  Hennepin county consisting of the cities of Brooklyn Center, 
154.27  Brooklyn Park, Crystal, New Hope, and Robbinsdale. 
154.28     (3) (2) The third council second commission district 
154.29  consists of that portion of Hennepin county consisting of the 
154.30  cities of Deephaven, Edina, Excelsior, Greenwood, Hopkins, Long 
154.31  Lake, Minnetonka, Minnetonka Beach, Orono, Shorewood, Spring 
154.32  Park, Tonka Bay, Wayzata, and Woodland., 
154.33     (4) The fourth council district consists of Carver county, 
154.34  that portion of Dakota county consisting of the city of 
154.35  Lakeville, that portion of Hennepin county consisting of the 
154.36  cities of Chanhassen and Eden Prairie, and that portion of Scott 
155.1   county in the metropolitan area not included in the fifth 
155.2   council third commission district. 
155.3      (5) (3) The fifth council third commission district 
155.4   consists of that portion of Hennepin county consisting of the 
155.5   cities of Bloomington and Richfield and the unorganized 
155.6   territory of Fort Snelling, and that portion of Scott county 
155.7   consisting of the cities of Savage and Shakopee., and 
155.8      (6) The sixth council district consists of that portion of 
155.9   Hennepin county consisting of the cities of Golden Valley and St.
155.10  Louis Park and that portion of the city of Minneapolis lying 
155.11  west and south of a line described as follows:  commencing at 
155.12  the intersection of the southern boundary of the city of 
155.13  Minneapolis and Interstate Highway 35W, northerly along 
155.14  Interstate Highway 35W to Minnehaha Parkway, northeasterly along 
155.15  Minnehaha Parkway to 50th Street E., westerly along 50th Street 
155.16  E. to Stevens Avenue S., northerly along Stevens Avenue S. to 
155.17  46th Street E., westerly along 46th Street E. to Nicollet Avenue 
155.18  S., northerly along Nicollet Avenue S. to 36th Street W., 
155.19  westerly along 36th Street W. to Blaisdell Avenue S., northerly 
155.20  along Blaisdell Avenue S. to 34th Street W., westerly along 34th 
155.21  Street W. to Grand Avenue S., northerly along Grand Avenue S. to 
155.22  32nd Street W., westerly along 32nd Street W. to Harriet Avenue 
155.23  S., northerly along Harriet Avenue S. to 31st Street W., 
155.24  westerly along 31st Street W. to Garfield Avenue S., northerly 
155.25  along Garfield Avenue S. to Lake Street W., westerly along Lake 
155.26  Street W. to Lyndale Avenue S., northerly along Lyndale Avenue 
155.27  S. to the Burlington Northern Railroad tracks, westerly along 
155.28  the northern branch of the Burlington Northern Railroad tracks 
155.29  to Glenwood Avenue N., westerly along Glenwood Avenue N. to the 
155.30  western boundary of the city of Minneapolis. 
155.31     (7) (4) The seventh council fourth commission district 
155.32  consists of that portion of the city of Minneapolis lying within 
155.33  a line described as follows:  commencing at the intersection of 
155.34  the northern boundary of the city of Minneapolis and the 
155.35  Mississippi River, southerly along the east bank of the 
155.36  Mississippi River to State Highway 122 southwesterly along State 
156.1   Highway 122 to Cedar Avenue S., southerly along Cedar Avenue S. 
156.2   to Minnehaha Avenue, southeasterly along Minnehaha Avenue to 
156.3   Cedar Avenue S., southerly along Cedar Avenue S. to Hiawatha 
156.4   Avenue, southerly along Hiawatha Avenue to 28th Street E., 
156.5   westerly along 28th Street E. to 21st Avenue S., southerly along 
156.6   21st Avenue S. to 32nd Street E., westerly along 32nd Street E. 
156.7   to 19th Avenue S., southerly along 19th Avenue S. to 34th Street 
156.8   E., westerly along 34th Street E. to Bloomington Avenue S., 
156.9   southerly along Bloomington Avenue S. to 36th Street E., 
156.10  westerly along 36th Street E. to 10th Avenue S., southerly along 
156.11  10th Avenue S. to 38th Street E., westerly along 38th Street E. 
156.12  to Elliot Avenue S., southerly along Elliot Avenue S. to 44th 
156.13  Street E., westerly along 44th Street E. to Chicago Avenue S., 
156.14  southerly along Chicago Avenue S. to 50th Street E., westerly 
156.15  along 50th Street E. to Park Avenue S., southerly along Park 
156.16  Avenue S. to Minnehaha Parkway, westerly along Minnehaha Parkway 
156.17  to the eastern boundary of the sixth council district, northerly 
156.18  and westerly along the boundary of the sixth council district to 
156.19  the western boundary of the city of Minneapolis, northerly and 
156.20  then easterly along the boundaries of the city of Minneapolis to 
156.21  the point of origin. 
156.22     (8) The eighth council district consists of that portion of 
156.23  the city of Minneapolis not included in the sixth or seventh 
156.24  council third commission district. 
156.25     (9) (5) The ninth council fifth commission district 
156.26  consists of that portion of Anoka county not included in the 
156.27  tenth council district and, that portion of Ramsey county 
156.28  consisting of the cities of Blaine and Spring Lake Park.  
156.29     (10) The tenth council district consists of that portion of 
156.30  Anoka county consisting of the cities of Columbia Heights, Coon 
156.31  Rapids, Fridley, and Hilltop, that portion of Hennepin county 
156.32  consisting of the city of St. Anthony, and that portion of 
156.33  Ramsey county consisting of the cities of Mounds View, New 
156.34  Brighton, and St. Anthony. 
156.35     (11) (6) The eleventh council sixth commission district 
156.36  consists of that portion of Ramsey county consisting of the 
157.1   cities of Arden Hills, Gem Lake, Little Canada, North Oaks, 
157.2   Roseville, Shoreview, Vadnais Heights, and White Bear Lake and 
157.3   the town of White Bear, and that portion of the city of 
157.4   Maplewood not included in the twelfth council district, and that 
157.5   portion of Washington county consisting of the city of White 
157.6   Bear Lake., and 
157.7      (12) The twelfth council district consists of that portion 
157.8   of Ramsey county consisting of the city of North St. Paul and 
157.9   that portion of the city of Maplewood lying east and south of a 
157.10  line described as follows:  commencing at the intersection of 
157.11  the southern boundary of the city of Maplewood and White Bear 
157.12  Avenue, northerly along White Bear Avenue to North St. Paul 
157.13  Road, northeasterly along North St. Paul Road to the eastern 
157.14  boundary of the city of Maplewood, and that portion of 
157.15  Washington county not included in the eleventh or sixteenth 
157.16  council district. 
157.17     (13) (7) The thirteenth council seventh commission district 
157.18  consists of that portion of Ramsey county consisting of that 
157.19  portion of the city cities of St. Paul lying south of a line 
157.20  described as follows: commencing at the intersection of the 
157.21  eastern boundary of the city of St. Paul and Old Hudson Road, 
157.22  westerly along Old Hudson Road to White Bear Avenue, northerly 
157.23  along White Bear Avenue to East 3rd Street, westerly along East 
157.24  3rd Street to Johnson Parkway, northerly along Johnson Parkway 
157.25  to East 4th Street, westerly along East 4th Street to Mounds 
157.26  Boulevard, southeasterly along Mounds Boulevard to East 3rd 
157.27  Street, southeasterly along East 3rd Street to the Burlington 
157.28  Northern Railroad tracks, northerly along the Burlington 
157.29  Northern Railroad tracks to the east-west Burlington Northern 
157.30  Railroad tracks, westerly along the east-west Burlington 
157.31  Northern Railroad tracks to Interstate Highway 35E, southerly 
157.32  along Interstate Highway 35E to University Avenue, westerly 
157.33  along University Avenue to Cleveland Avenue, southerly along 
157.34  Cleveland Avenue to Interstate Highway 94, westerly along 
157.35  Interstate Highway 94 to the western boundary of the city of St. 
157.36  Paul. 
158.1      (14) The fourteenth council district consists of that 
158.2   portion of Ramsey county consisting of the cities of, Falcon 
158.3   Heights, and Lauderdale, and that portion of the city of St. 
158.4   Paul not included in the thirteenth council district. 
158.5      (15) (8) The fifteenth council eighth commission district 
158.6   consists of that portion of Dakota county consisting of the 
158.7   cities of Apple Valley, Burnsville, Eagan, Lilydale, Mendota, 
158.8   and Mendota Heights. 
158.9      (16) The sixteenth council district consists of that 
158.10  portion of Dakota county in the metropolitan area not included 
158.11  in the fourth or fifteenth council second commission district, 
158.12  and that portion of Washington county consisting of the cities 
158.13  of Cottage Grove, Hastings, and St. Paul Park, and the towns of 
158.14  Denmark and Grey Cloud Island. 
158.15     Sec. 19.  Minnesota Statutes 1996, section 473.123, 
158.16  subdivision 4, is amended to read: 
158.17     Subd. 4.  [CHAIR; APPOINTMENT, OFFICERS, SELECTION; DUTIES 
158.18  AND COMPENSATION.] (a) The chair of the metropolitan 
158.19  council waste control commission shall be appointed by the 
158.20  governor as the 17th ninth voting member thereof by and with the 
158.21  advice and consent of the senate to serve at the pleasure of the 
158.22  governor to represent the metropolitan area at large.  Senate 
158.23  confirmation shall be as provided by section 15.066.  
158.24     The governor shall appoint an additional member to the 
158.25  commission, as an advisory nonvoting member who may participate 
158.26  in debate.  The advisory member must be a state level official 
158.27  of a labor organization.  The governing body of the state 
158.28  AFL-CIO or other similar state level labor organization that 
158.29  represents the greatest number of employees of the commission 
158.30  must be consulted for a recommendation on the advisory 
158.31  appointment before the appointment is made. 
158.32     The chair of the metropolitan council shall, if present, 
158.33  preside at meetings of the council commission, have the primary 
158.34  responsibility for meeting with local elected officials, serve 
158.35  as the principal legislative liaison, present to the governor 
158.36  and the legislature, after council approval, the council's 
159.1   commission's plans for regional governance and operations, serve 
159.2   as the principal spokesperson of the council commission, and 
159.3   perform other duties assigned by the council commission or by 
159.4   law. 
159.5      (b) The metropolitan council commission shall elect other 
159.6   officers as it deems necessary for the conduct of its affairs 
159.7   for a one-year term.  A secretary and treasurer need not be 
159.8   members of the metropolitan council commission.  Meeting times 
159.9   and places shall be fixed by the metropolitan council commission 
159.10  and special meetings may be called by a majority of the members 
159.11  of the metropolitan council commission or by the chair.  The 
159.12  chair and each metropolitan council commission member shall be 
159.13  reimbursed for actual and necessary expenses.  The annual budget 
159.14  of the council shall provide as a separate account anticipated 
159.15  expenditures for compensation, travel, and associated expenses 
159.16  for the chair and members, and compensation or reimbursement 
159.17  shall be made to the chair and members only when budgeted. 
159.18     (c) Each member of the council commission shall attend and 
159.19  participate in council commission meetings and meet regularly 
159.20  with local elected officials and legislative members from 
159.21  the council commission member's district.  Each council member 
159.22  shall serve on at least one division committee for 
159.23  transportation, environment, or community development. 
159.24     (d) In the performance of its duties the metropolitan 
159.25  council commission may adopt policies and procedures governing 
159.26  its operation, and establish committees, and, when specifically 
159.27  authorized by law, make appointments to other governmental 
159.28  agencies and districts.  
159.29     Sec. 20.  Minnesota Statutes 1996, section 473.123, is 
159.30  amended by adding a subdivision to read: 
159.31     Subd. 9.  [COMPENSATION.] Each commission member, including 
159.32  the chair, shall be paid $55 for each day when the member 
159.33  attends one or more meetings or provides other services, as 
159.34  authorized by the commission, and shall be reimbursed for all 
159.35  actual and necessary expenses incurred in the performance of 
159.36  duties in the same manner and amount as state employees.  The 
160.1   annual budget of the commission shall provide as a separate 
160.2   account anticipated expenditures for per diem, and travel and 
160.3   associated expenses for the chair and members, and compensation 
160.4   or reimbursement shall be made to the chair and members only 
160.5   when budgeted. 
160.6      Sec. 21.  Minnesota Statutes 1996, section 473.123, is 
160.7   amended by adding a subdivision to read: 
160.8      Subd. 10.  [REGULAR AND SPECIAL MEETINGS.] Each commission 
160.9   shall meet regularly at least once each month, at such time and 
160.10  place as the commission shall by resolution designate.  Special 
160.11  meetings may be held at any time upon the call of the chair or 
160.12  any two other members, upon written notice sent by certified 
160.13  mail to each member at least three days prior to the meeting, or 
160.14  upon such other notice as the commission may by resolution 
160.15  provide, or without notice if each member is present or files 
160.16  with the secretary a written consent to the meeting either 
160.17  before or after the meeting.  Unless otherwise provided, any 
160.18  action within the authority of the commission may be taken by 
160.19  the affirmative vote of a majority of the members.  A majority 
160.20  of all of the members of the commission shall constitute a 
160.21  quorum, but a lesser number may meet and adjourn from time to 
160.22  time and compel the attendance of absent members. 
160.23     Sec. 22.  Minnesota Statutes 1996, section 473.123, is 
160.24  amended by adding a subdivision to read: 
160.25     Subd. 11.  [PERSONNEL CODE; MERIT SYSTEM.] (a) The 
160.26  commission shall by resolution adopt a personnel code relating 
160.27  to the employees of the commission.  The code shall include a 
160.28  job classification plan, procedures for employment and promotion 
160.29  of personnel based on merit, procedures for the demotion, 
160.30  suspension, or discharge of employees, procedures for hearing 
160.31  grievances, procedures for salary administration, and such other 
160.32  provisions as appropriate.  In addition, the code shall provide 
160.33  for the development by each commission of affirmative action 
160.34  plans, as provided in section 473.143.  The chief administrator 
160.35  of each commission shall administer the code, and no commission 
160.36  shall take any action inconsistent with the personnel code. 
161.1      (b) All employees of the commission except those expressly 
161.2   designated for the unclassified service, shall serve in the 
161.3   classified service.  The unclassified service shall include:  
161.4   members of the commission, the chief administrator of the 
161.5   commission, all officers of the commission, any employee of the 
161.6   commission who is determined by the commission to have a 
161.7   confidential relationship to the commission, and any employee of 
161.8   the commission expressly exempted from the classified service by 
161.9   law.  The code shall also include procedures for open 
161.10  competitive examinations to test the relative skill or ability 
161.11  of all applicants for positions in the classified service.  Such 
161.12  examinations may consist of written or oral tests of the 
161.13  subjective or objective type, physical tests, and practical or 
161.14  demonstration tests for the evaluation of past training and 
161.15  experience.  Oral tests may be used to test the applicant's 
161.16  knowledge of the position applied for or personal fitness for 
161.17  the position.  Where there is more than one applicant for a 
161.18  position, each code shall provide for the employment of one of 
161.19  the three applicants best qualified for it. 
161.20     (c) When a commission employee has been demoted, suspended, 
161.21  or dismissed by the chief administrator, the employee may, 
161.22  within 30 days after such action becomes effective, file with 
161.23  the commission a written request for a hearing showing the 
161.24  position from which the employee was dismissed, the date of 
161.25  dismissal, the reason for requesting the hearing, and full name 
161.26  and present mailing address.  Upon receipt of a request for a 
161.27  hearing the commission shall appoint three of its members to act 
161.28  as an appeal committee and preside at a hearing on the action of 
161.29  the administrator.  The hearing shall be held within 30 days 
161.30  after the request is received by the commission, upon written 
161.31  notice mailed or delivered to the employee at the employee's 
161.32  present mailing address, not less than seven days before the 
161.33  hearing.  The appeal committee shall approve or disapprove the 
161.34  action of the administrator, and in the case of approval the 
161.35  action of the administrator shall be final.  In the case of 
161.36  disapproval the appeal committee may reinstate the employee 
162.1   under such conditions as it deems proper, and may order the 
162.2   payment to the employee of compensation lost as a result of the 
162.3   demotion, suspension, or dismissal. 
162.4      Sec. 23.  Minnesota Statutes 1996, section 473.123, is 
162.5   amended by adding a subdivision to read: 
162.6      Subd. 12.  [CHIEF ADMINISTRATOR.] The chair of the 
162.7   commission shall, subject to the approval of the commission, 
162.8   appoint a chief administrator who shall be chosen solely on the 
162.9   basis of training, experience, and other qualifications, and who 
162.10  shall serve at the pleasure of the commission.  The 
162.11  administrator shall attend all meetings of the commission, but 
162.12  shall not vote, and shall: 
162.13     (a) see that all resolutions, rules, or orders of the 
162.14  commission are enforced; 
162.15     (b) appoint and remove, subject to the provisions of the 
162.16  personnel code adopted pursuant to subdivision 9, upon the basis 
162.17  of merit and fitness, all subordinate officers and regular 
162.18  employees of the commission; 
162.19     (c) present to the commission plans, studies, and reports 
162.20  prepared for commission purposes and recommend to the commission 
162.21  for adoption such measures as the administrator deems necessary 
162.22  to enforce or carry out the powers and duties of the commission, 
162.23  or to the efficient administration of the affairs of the 
162.24  commission; 
162.25     (d) keep the commission fully advised as to its financial 
162.26  condition, and prepare and submit to the commission its annual 
162.27  budget and such other financial information as it may request; 
162.28     (e) recommend to the commission for adoption such rules as 
162.29  the administrator deems necessary for the efficient operation of 
162.30  the commission's functions; and 
162.31     (f) perform such other duties as may be prescribed by the 
162.32  commission. 
162.33     Sec. 24.  Minnesota Statutes 1996, section 473.123, is 
162.34  amended by adding a subdivision to read: 
162.35     Subd. 13.  [PUBLIC EMPLOYEES.] All persons employed by the 
162.36  chief administrator shall be public employees, and shall have 
163.1   all rights and duties conferred on public employees under 
163.2   sections 179A.01 to 179A.25.  The compensation and other 
163.3   conditions of employment of such employees shall not be governed 
163.4   by any rule applicable to state employees in the classified 
163.5   service nor to any of the provisions of chapter 15A, unless the 
163.6   commission so provides.  All employees of the commission shall 
163.7   be members of the Minnesota state retirement system, except that 
163.8   employees, who by reason of their prior employment belonged to 
163.9   another public retirement association in the state of Minnesota, 
163.10  may at their option continue membership in that public 
163.11  retirement association, and all other rights to which they are 
163.12  entitled by contract or law.  Members of trades who are employed 
163.13  by the metropolitan waste control commission with trade union 
163.14  pension coverage pursuant to a collective bargaining agreement 
163.15  who elected exclusion from coverage pursuant to section 473.512 
163.16  or who are first employed after July 1, 1977, shall not be 
163.17  covered by the Minnesota state retirement system.  The 
163.18  commission shall make the employer's contributions to pension 
163.19  funds of its employees.  Employees shall perform such duties as 
163.20  may be prescribed by the commission.  
163.21     Sec. 25.  Minnesota Statutes 1996, section 473.123, is 
163.22  amended by adding a subdivision to read: 
163.23     Subd. 14.  [COMMISSION OPERATING PROCEDURES.] (a) The 
163.24  commission shall adopt resolutions and bylaws, an administrative 
163.25  code establishing procedures for commission action, keeping 
163.26  records, approving claims, authorizing and making disbursements, 
163.27  authorizing contracts, safekeeping funds, and audit of all 
163.28  financial operations of the commission. 
163.29     (b) The commission may enter into contracts with each other 
163.30  and with other commissions and governmental units for the joint 
163.31  exercise of powers in the manner provided by section 471.59. 
163.32     Sec. 26.  Minnesota Statutes 1996, section 473.123, is 
163.33  amended by adding a subdivision to read: 
163.34     Subd. 15.  [RELOCATION PAYMENT STANDARDS.] In all 
163.35  acquisitions the commission shall provide as a cost of 
163.36  acquisition the relocation assistance, services, payments, and 
164.1   benefits required by the Uniform Relocation Assistance and Real 
164.2   Property Acquisition Policies Act of 1970, 84 Stat. 1894 (1971), 
164.3   United States Code, title 42, section 4601, et seq. 
164.4      Sec. 27.  Minnesota Statutes 1996, section 473.129, 
164.5   subdivision 1, is amended to read: 
164.6      Subdivision 1.  [GENERAL POWERS.] The metropolitan 
164.7   council commission shall have and exercise all powers which may 
164.8   be necessary or convenient to enable it to perform and carry out 
164.9   the duties and responsibilities now existing or which may 
164.10  hereafter be imposed upon it by law.  Such powers include the 
164.11  specific powers enumerated in this section.  
164.12     Sec. 28.  Minnesota Statutes 1996, section 473.129, 
164.13  subdivision 3, is amended to read: 
164.14     Subd. 3.  [CONSULTING CONTRACTS.] The metropolitan 
164.15  council commission may contract for the services of consultants 
164.16  who perform engineering, legal, or services of a professional 
164.17  nature.  Such contracts shall not be subject to the requirements 
164.18  of any law relating to public bidding.  
164.19     Sec. 29.  Minnesota Statutes 1996, section 473.129, 
164.20  subdivision 8, is amended to read: 
164.21     Subd. 8.  [INSURANCE.] The council commission may provide 
164.22  for self-insurance or otherwise provide for insurance relating 
164.23  to any of its property, rights, or revenue, workers' 
164.24  compensation, public liability, or any other risk or hazard 
164.25  arising from its activities, and may provide for insuring any of 
164.26  its officers or employees against the risk or hazard at the 
164.27  expense of the council.  If the council commission provides for 
164.28  self-insurance, against its liability and the liability of its 
164.29  officers, employees, and agents for damages resulting from its 
164.30  torts and those of its officers, employees, and agents, 
164.31  including its obligation to pay basic economic loss benefits 
164.32  under sections 65B.41 to 65B.71, it shall be entitled to deduct 
164.33  from damages and basic economic loss benefits all money paid or 
164.34  payable to the persons seeking damages and benefits from all 
164.35  governmental entities providing medical, hospital, and 
164.36  disability benefits except for payments made under the aid to 
165.1   families with dependent children or medical assistance programs. 
165.2      Sec. 30.  Minnesota Statutes 1996, section 473.129, 
165.3   subdivision 9, is amended to read: 
165.4      Subd. 9.  [INVESTIGATIONS.] When necessary and proper to 
165.5   the performance of its duties, the council commission may enter 
165.6   in a reasonable manner upon any premises for the purpose of 
165.7   making any reasonably necessary or proper investigations and 
165.8   examinations.  The entry is not a trespass.  The council 
165.9   commission is liable for any actual and consequential loss, 
165.10  injury, or damage from the entry.  When necessary and proper to 
165.11  the performance of its duties, the council or its authorized 
165.12  agents may require the production of accounts, books, records, 
165.13  memoranda, correspondence, and other documents and papers of a 
165.14  person receiving financial assistance from the council, may 
165.15  inspect and copy them, and may have access to and may inspect 
165.16  the lands, buildings, facilities, or equipment of the person.  
165.17     Sec. 31.  Minnesota Statutes 1996, section 473.504, 
165.18  subdivision 4, is amended to read: 
165.19     Subd. 4.  The council commission shall have the power to 
165.20  adopt rules relating to the operation of any interceptors or 
165.21  treatment works operated by it, and may provide penalties for 
165.22  the violation thereof not exceeding the maximum which may be 
165.23  specified for a misdemeanor.  Any rule prescribing a penalty for 
165.24  violation shall be published at least once in a newspaper having 
165.25  general circulation in the metropolitan area.  
165.26     Sec. 32.  Minnesota Statutes 1996, section 473.504, 
165.27  subdivision 5, is amended to read: 
165.28     Subd. 5.  The council commission may accept gifts, may 
165.29  apply for and accept grants or loans of money or other property 
165.30  from the United States, the state, or any person for any of its 
165.31  purposes, including any grant available under the federal water 
165.32  pollution act amendments of 1972, whether for construction, 
165.33  research or pilot project implementation, may enter into any 
165.34  agreement required in connection therewith, and may hold, use, 
165.35  and dispose of such money or property in accordance with the 
165.36  terms of the gift, grant, loan or agreement relating thereto.  
166.1   The council commission has all powers necessary to comply with 
166.2   the federal water pollution control act amendments of 1972 and 
166.3   any grant offered to it thereunder including, but not limited 
166.4   to, the power to enter into such contracts with, or to impose 
166.5   such charges upon, persons using the metropolitan disposal 
166.6   system as it shall determine to be necessary for the recovery of 
166.7   treatment works and interceptor costs paid with federal grant 
166.8   funds.  Insofar as possible these costs shall be recovered by 
166.9   local government units on behalf of the council commission. 
166.10     Sec. 33.  Minnesota Statutes 1996, section 473.504, 
166.11  subdivision 6, is amended to read: 
166.12     Subd. 6.  The council commission may act under the 
166.13  provisions of section 471.59, or any other appropriate law 
166.14  providing for joint or cooperative action between government 
166.15  units.  
166.16     Sec. 34.  Minnesota Statutes 1996, section 473.504, 
166.17  subdivision 9, is amended to read: 
166.18     Subd. 9.  The council commission may acquire by purchase, 
166.19  lease, condemnation, gift, or grant, any real or personal 
166.20  property including positive and negative easements and water and 
166.21  air rights, and it may construct, enlarge, improve, replace, 
166.22  repair, maintain, and operate any interceptor or treatment works 
166.23  determined to be necessary or convenient for the collection and 
166.24  disposal of sewage in the metropolitan area.  Any local 
166.25  government unit and the commissioners of transportation and 
166.26  natural resources are authorized to convey to or permit the use 
166.27  of any such facilities owned or controlled by it by the 
166.28  council commission, subject to the rights of the holders of any 
166.29  bonds issued with respect thereto, with or without compensation, 
166.30  without an election or approval by any other government agency.  
166.31  All powers conferred by this subdivision may be exercised both 
166.32  within or without the metropolitan area as may be necessary for 
166.33  the exercise by the council commission of its powers or the 
166.34  accomplishment of its purposes.  The council commission may hold 
166.35  such property for its purposes, and may lease any such property 
166.36  so far as not needed for its purposes, upon such terms and in 
167.1   such manner as it shall deem advisable.  Unless otherwise 
167.2   provided, the right to acquire lands and property rights by 
167.3   condemnation shall be exercised in accordance with chapter 117, 
167.4   and shall apply to any property or interest therein owned by any 
167.5   local government unit; provided, that no such property devoted 
167.6   to an actual public use at the time, or held to be devoted to 
167.7   such use within a reasonable time, shall be so acquired unless a 
167.8   court of competent jurisdiction shall determine that the use 
167.9   proposed by the board commission is paramount to such use.  
167.10  Except in case of property in actual public use, the council 
167.11  commission may take possession of any property for which 
167.12  condemnation proceedings have been commenced at any time after 
167.13  the issuance of a court order appointing commissioners for its 
167.14  condemnation.  
167.15     Sec. 35.  Minnesota Statutes 1996, section 473.504, 
167.16  subdivision 10, is amended to read: 
167.17     Subd. 10.  The council commission may construct or maintain 
167.18  its systems or facilities in, along, on, under, over, or through 
167.19  public streets, bridges, viaducts, and other public rights of 
167.20  way without first obtaining a franchise from any local 
167.21  government unit having jurisdiction over them; but such 
167.22  facilities shall be constructed and maintained in accordance 
167.23  with the ordinances and resolutions of any such government unit 
167.24  relating to construction, installation, and maintenance of 
167.25  similar facilities in such public properties and shall not 
167.26  obstruct the public use of such rights-of-way.  
167.27     Sec. 36.  Minnesota Statutes 1996, section 473.504, 
167.28  subdivision 11, is amended to read: 
167.29     Subd. 11.  The council commission may sell or otherwise 
167.30  dispose of any real or personal property acquired by it which is 
167.31  no longer required for accomplishment of its purposes.  Such 
167.32  property may be sold in the manner provided by section 469.065, 
167.33  insofar as practical.  The council commission may give such 
167.34  notice of sale as it shall deem appropriate.  When the council 
167.35  commission determines that any property or any interceptor or 
167.36  treatment works or any part thereof which has been acquired from 
168.1   a local government unit without compensation is no longer 
168.2   required, but is required as a local facility by the government 
168.3   unit from which it was acquired, the council commission may by 
168.4   resolution transfer it to such government unit.  
168.5      Sec. 37.  Minnesota Statutes 1996, section 473.504, 
168.6   subdivision 12, is amended to read: 
168.7      Subd. 12.  The council commission may contract with the 
168.8   United States or any agency thereof, any state or agency 
168.9   thereof, or any local government unit or governmental agency or 
168.10  subdivision, for the joint use of any facility owned by 
168.11  the council commission or such entity, for the operation by such 
168.12  entity of any system or facility of the council commission, or 
168.13  for the performance on the council's commission's behalf of any 
168.14  service, on such terms as may be agreed upon by the contracting 
168.15  parties.  
168.16     Sec. 38.  Minnesota Statutes 1996, section 473.504, is 
168.17  amended by adding a subdivision to read: 
168.18     Subd. 13.  The commission may sue and be sued. 
168.19     Sec. 39.  Minnesota Statutes 1996, section 473.504, is 
168.20  amended by adding a subdivision to read: 
168.21     Subd. 14.  [RESEARCH; HEARINGS; INVESTIGATION; ADVICE.] The 
168.22  commission may conduct research studies and programs, collect 
168.23  and analyze data, prepare reports, maps, charts, and tables, and 
168.24  conduct necessary hearings and investigations in connection with 
168.25  the design, construction, and operation of the metropolitan 
168.26  disposal system.  The commission may advise other governmental 
168.27  units on system planning matters within the scope of its duties, 
168.28  powers, and objectives. 
168.29     Sec. 40.  Minnesota Statutes 1996, section 473.504, is 
168.30  amended by adding a subdivision to read: 
168.31     Subd. 15.  [LABOR LIAISON.] The manager of wastewater 
168.32  services shall appoint a labor liaison from among the classified 
168.33  service of wastewater service employees to serve at the pleasure 
168.34  of the manager to advise the manager on labor matters.  The 
168.35  labor liaison retains all rights under the collective bargaining 
168.36  agreement of the appointee's bargaining unit.  While serving as 
169.1   liaison the appointee is on leave from his classified position.  
169.2   The labor liaison must be paid at the wage or salary of the 
169.3   highest classification of the bargaining unit from which the 
169.4   liaison came. 
169.5      Sec. 41.  Minnesota Statutes 1996, section 473.505, is 
169.6   amended to read: 
169.7      473.505 [TOTAL WATERSHED MANAGEMENT.] 
169.8      The metropolitan council commission may enter into 
169.9   agreements with other governmental bodies and agencies and spend 
169.10  funds to implement total watershed management.  "Total watershed 
169.11  management" means identifying and quantifying at a watershed 
169.12  level the (1) sources of pollution, both point and nonpoint, (2) 
169.13  causes of conditions that may or may not be a result of 
169.14  pollution, and (3) means of reducing pollution or alleviating 
169.15  adverse conditions.  The purpose of total watershed management 
169.16  is to achieve the best water quality for waters of the state 
169.17  receiving the effluent of the metropolitan disposal system for 
169.18  the lowest total costs, without regard to who will incur those 
169.19  costs. 
169.20     Sec. 42.  Minnesota Statutes 1996, section 473.511, is 
169.21  amended to read: 
169.22     473.511 [SEWER SERVICE FUNCTION.] 
169.23     Subdivision 1.  [DUTY OF COUNCIL COMMISSION; ACQUISITION OF 
169.24  EXISTING FACILITIES; NEW FACILITIES.] At any time after January 
169.25  1, 1970, until July 1, 1994, the former metropolitan waste 
169.26  control commission, and after July 1, 1994, the council, and 
169.27  after the effective date of this section, the commission shall 
169.28  assume ownership of all existing interceptors and treatment 
169.29  works which will be needed to implement the council's 
169.30  comprehensive plan for the collection, treatment, and disposal 
169.31  of sewage in the metropolitan area, in the manner and subject to 
169.32  the conditions prescribed in subdivisions 2 and 4, and shall 
169.33  thereafter acquire, construct, equip, operate and maintain all 
169.34  additional interceptors and treatment works which will be needed 
169.35  for such purpose.  The council commission shall assume ownership 
169.36  of all treatment works owned by a local government unit if any 
170.1   part of such treatment works will be needed for such purpose. 
170.2      Subd. 2.  [METHOD OF ACQUISITION; EXISTING DEBT.] The 
170.3   council commission may require any local government unit to 
170.4   transfer to the council commission, all of its right, title and 
170.5   interest in any interceptors or treatment works and all 
170.6   necessary appurtenances thereto owned by such local government 
170.7   unit which will be needed for the purpose stated in subdivision 
170.8   1.  Appropriate instruments of conveyance for all such property 
170.9   shall be executed and delivered to the council commission by the 
170.10  proper officers of each local government unit concerned.  All 
170.11  persons regularly employed by a local government unit to operate 
170.12  and maintain any treatment works so transferred to the council 
170.13  commission, on the date on which the transfer becomes effective, 
170.14  shall be employees of the council commission, in the same manner 
170.15  and with the same options and rights as are reserved to 
170.16  employees of sanitary districts and joint boards under 
170.17  subdivision 3.  The council commission, upon assuming ownership 
170.18  of any such interceptors or treatment works, shall become 
170.19  obligated to pay to such local government unit amounts 
170.20  sufficient to pay when due all remaining principal of and 
170.21  interest on bonds issued by such local government unit for the 
170.22  acquisition or betterment of the interceptors or treatment works 
170.23  taken over.  Such amounts may be offset against any amount to be 
170.24  paid to the council commission by the local government unit as 
170.25  provided in section 473.517. 
170.26     Subd. 3.  [EXISTING SANITARY DISTRICTS AND JOINT SEWER 
170.27  BOARDS.] Effective January 1, 1971, the corporate existence of 
170.28  the Minneapolis-St. Paul Sanitary District, the North Suburban 
170.29  Sanitary Sewer District, and any joint board created by 
170.30  agreement among local government units pursuant to section 
170.31  471.59, to provide interceptors and treatment works for such 
170.32  local government units, shall terminate.  All persons regularly 
170.33  employed by such sanitary districts and joint boards on that 
170.34  date or on any earlier date on which the former waste control 
170.35  commission pursuant to subdivisions 1 and 2 assumed ownership 
170.36  and control of any interceptors or treatment works owned or 
171.1   operated by such sanitary districts and joint boards, and who 
171.2   are employees of the commission on July 1, 1994, and who are 
171.3   employees of the council on the effective date of this section, 
171.4   shall be employees of the council commission, and may at their 
171.5   option become members of the Minnesota state retirement system 
171.6   or may continue as members of a public retirement association 
171.7   under chapter 422A or any other law, to which they belonged 
171.8   before such date, and shall retain all pension rights which they 
171.9   may have under such latter laws, and all other rights to which 
171.10  they are entitled by contract or law.  Members of trades who are 
171.11  employed by the former metropolitan waste control commission, or 
171.12  the former council, who have trade union pension coverage 
171.13  pursuant to a collective bargaining agreement, and who elected 
171.14  exclusion from coverage pursuant to section 473.512, or who are 
171.15  first employed after July 1, 1977, shall not be covered by the 
171.16  Minnesota state retirement system.  The council commission shall 
171.17  make the employer's contributions to pension funds of its 
171.18  employees.  Such employees shall perform such duties as may be 
171.19  prescribed by the council commission.  All funds of such 
171.20  sanitary districts and joint boards then on hand, and all 
171.21  subsequent collections of taxes, special assessments or service 
171.22  charges levied or imposed by or for such sanitary districts or 
171.23  joint boards shall be transferred to the council commission.  
171.24  The local government units otherwise entitled to such cash, 
171.25  taxes, assessments or service charges shall be credited with 
171.26  such amounts, and such credits shall be offset against any 
171.27  amounts to be paid by them to the council commission as provided 
171.28  in section 473.517.  The former metropolitan waste control 
171.29  commission, and on July 1, 1994, the council, and on the 
171.30  effective date of this section, the metropolitan waste control 
171.31  commission, shall succeed to and become vested by action of law 
171.32  with all right, title and interest in and to any property, real 
171.33  or personal, owned or operated by such sanitary districts and 
171.34  joint boards.  Prior to that date the proper officers of such 
171.35  sanitary districts and joint boards, or the former metropolitan 
171.36  waste control commission, or the council, shall execute and 
172.1   deliver to the council commission all deeds, conveyances, bills 
172.2   of sale, and other documents or instruments required to vest in 
172.3   the council commission good and marketable title to all such 
172.4   real or personal property; provided that vesting of the title 
172.5   shall occur by operation of law and failure to execute and 
172.6   deliver the documents shall not affect the vesting of title in 
172.7   the former metropolitan waste control commission or, the 
172.8   council, or the commission on the dates indicated in this 
172.9   subdivision.  The council commission shall become obligated to 
172.10  pay or assume all bonded or other debt and contract obligations 
172.11  incurred by the former metropolitan waste control commission or 
172.12  the council, or by such sanitary districts and joint boards, or 
172.13  incurred by local government units for the acquisition or 
172.14  betterment of any interceptors or treatment works owned or 
172.15  operated by such sanitary districts or joint boards. 
172.16     Subd. 4.  [CURRENT VALUE OF EXISTING FACILITIES.] When 
172.17  the council commission assumes the ownership of any existing 
172.18  interceptors or treatment works as provided in subdivision 2 or 
172.19  3, the local government unit or units which paid part or all of 
172.20  the cost of such facility, directly or pursuant to contracts for 
172.21  reimbursement of costs, shall be entitled to receive a credit 
172.22  against amounts to be allocated to them under section 473.517, 
172.23  which may be spread over such period not exceeding 30 years as 
172.24  the council commission shall determine, and an additional credit 
172.25  equal to interest on the unused credit balance from time to time 
172.26  at the rate of four percent per annum.  The amount of such 
172.27  credit shall equal the current value of the facility computed by 
172.28  the council commission in the manner provided in this 
172.29  subdivision at the time the council commission acquires it.  The 
172.30  original cost of a facility shall be computed as the total 
172.31  actual costs of constructing it, including engineering, legal, 
172.32  and administrative costs, less any part of it paid from federal 
172.33  or state funds and less the principal amount of any then 
172.34  outstanding bonds which were issued to finance its 
172.35  construction.  The original cost shall be multiplied by a factor 
172.36  equal to a current cost index divided by the same cost index at 
173.1   the time of construction, to determine replacement cost.  The 
173.2   cost indices used shall be the Engineering News Record 
173.3   Construction Cost Indices for facilities or parts thereof 
173.4   completed before 1930, and the United States Public Health 
173.5   Service Federal Water Pollution Control Values for Sewer and 
173.6   Treatment Plant Construction, as applied to facilities or parts 
173.7   thereof completed in or after 1930.  The current value of the 
173.8   facility shall be the replacement cost depreciated by 2.50 
173.9   percent per annum from the date of construction of treatment 
173.10  works and 1.25 percent per annum from the date of construction 
173.11  of interceptors; and decreased further by a reasonable allowance 
173.12  for obsolescence if the council commission determines that the 
173.13  facility or any part thereof will not be useful for 
173.14  council commission purposes for at least the remaining period 
173.15  required to depreciate it fully, assuming no salvage value.  The 
173.16  current value of each such facility shall be credited to each 
173.17  local government unit in proportion to the amount of the 
173.18  construction cost paid by that unit, as determined by 
173.19  the council commission, taking into account reimbursements 
173.20  previously made under contracts between any of the local 
173.21  government units.  The council commission shall prepare an 
173.22  itemized statement of the amount of credit each local government 
173.23  unit is entitled to receive under this subdivision, and the 
173.24  years and amounts of installments of principal and interest 
173.25  thereon, and shall cause it to be mailed or delivered to the 
173.26  governing body of each local government unit concerned.  All 
173.27  credits allowed under this subdivision shall be used to finance 
173.28  current costs allocated to the local government unit by 
173.29  the council commission or for other sewer costs, and the credits 
173.30  shall not be considered as proceeds from the sale of municipal 
173.31  property so as to permit their use for other purposes. 
173.32     Sec. 43.  Minnesota Statutes 1996, section 473.512, 
173.33  subdivision 1, is amended to read: 
173.34     Subdivision 1.  A member of a trade who is employed by the 
173.35  former metropolitan waste control commission, and on July 1, 
173.36  1994, is employed by the council, and on the effective date of 
174.1   this section is employed by the commission on a permanent basis 
174.2   with trade union pension plan coverage pursuant to a collective 
174.3   bargaining agreement shall be excluded from coverage by the 
174.4   Minnesota state retirement system if the member was first 
174.5   employed on or after June 1, 1977 or, if the member was first 
174.6   employed prior to June 1, 1977, has elected to be excluded from 
174.7   coverage by the Minnesota state retirement system pursuant to 
174.8   subdivision 2, and has accepted a refund of contributions 
174.9   pursuant to subdivision 3. 
174.10     Sec. 44.  Minnesota Statutes 1996, section 473.513, is 
174.11  amended to read: 
174.12     473.513 [MUNICIPAL PLANS AND PROGRAMS.] 
174.13     As soon as practicable after the adoption of the first 
174.14  policy plan by the council office of strategic and long-range 
174.15  planning as provided in section 473.146, and before undertaking 
174.16  the construction of any extensions or additions to its disposal 
174.17  system or the substantial alteration or improvement of its 
174.18  existing disposal system, each local government unit shall adopt 
174.19  a similar policy plan for the collection, treatment and disposal 
174.20  of sewage for which the local government unit is responsible, 
174.21  coordinated with the council's plan, and may revise the same as 
174.22  often as it deems necessary.  Each such plan shall be submitted 
174.23  forthwith to the council office and the commission for review 
174.24  and shall be subject to the approval of the council office as to 
174.25  those features affecting the council's commission's 
174.26  responsibilities as determined by the council.  Any such 
174.27  features disapproved by the council office shall be modified in 
174.28  accordance with the council's office's recommendations.  No 
174.29  construction of new sewers or other disposal facilities, and no 
174.30  substantial alteration or improvement of any existing sewers or 
174.31  other disposal facilities involving such features, shall be 
174.32  undertaken by any local government unit unless its governing 
174.33  body shall first find the same to be in accordance with its 
174.34  comprehensive plan and program as approved by the council 
174.35  office.  At the time each local government unit makes 
174.36  application to the Minnesota pollution control agency for a 
175.1   permit to alter or improve its disposal system it shall file 
175.2   with the council office and the commission a copy of the 
175.3   application together with design data and a location map of the 
175.4   project.  
175.5      Sec. 45.  Minnesota Statutes 1996, section 473.515, is 
175.6   amended to read: 
175.7      473.515 [SEWAGE COLLECTION AND DISPOSAL; POWERS.] 
175.8      Subdivision 1.  [IDENTIFICATION OF POWERS.] In addition to 
175.9   all other powers conferred upon or delegated to the 
175.10  council commission hereunder, it shall have the powers specified 
175.11  in this section.  
175.12     Subd. 2.  [RIGHT TO DISCHARGE TREATED SEWAGE.] The 
175.13  council commission shall have the right to discharge the 
175.14  effluent from any treatment works operated by it into any waters 
175.15  of the state in accordance with any effluent or water quality 
175.16  standards lawfully adopted by the pollution control agency.  
175.17     Subd. 3.  [CONNECTIONS WITH METROPOLITAN SYSTEM.] The 
175.18  council commission may require any person or local government 
175.19  unit in the metropolitan area to provide for the discharge of 
175.20  its sewage, directly or indirectly, into the metropolitan 
175.21  disposal system, or to connect any disposal system or part 
175.22  thereof with the metropolitan disposal system wherever 
175.23  reasonable opportunity therefor is provided; may regulate the 
175.24  manner in which such connections are made; may require any 
175.25  person or local government unit discharging sewage into the 
175.26  metropolitan disposal system to provide preliminary treatment 
175.27  therefor; may prohibit the discharge into the metropolitan 
175.28  disposal system of any substance which it determines will or may 
175.29  be harmful to the system or any persons operating it; and may 
175.30  require any local government unit to discontinue the 
175.31  acquisition, betterment, or operation of any facility for its 
175.32  disposal system wherever and so far as adequate service is or 
175.33  will be provided by the metropolitan disposal system.  
175.34     Sec. 46.  Minnesota Statutes 1996, section 473.5155, 
175.35  subdivision 1, is amended to read: 
175.36     Subdivision 1.  [REMEDIES AVAILABLE.] (a) For purposes of 
176.1   this section, "violation" means any discharge or action by a 
176.2   person that violates sections 473.501 to 473.549 or rules, 
176.3   standards, variances, limitations, orders, stipulations, 
176.4   agreements, schedules of compliance, or permits that are issued 
176.5   or adopted by the council commission under sections 473.501 to 
176.6   473.549. 
176.7      (b) Each violation may be enforced by any one or a 
176.8   combination of the following:  criminal prosecution, civil 
176.9   action, or other appropriate action in accordance with sections 
176.10  473.501 to 473.549.  
176.11     Sec. 47.  Minnesota Statutes 1996, section 473.516, is 
176.12  amended to read: 
176.13     473.516 [WASTE FACILITIES; SEWAGE SLUDGE DISPOSAL.] 
176.14     Subdivision 1.  [ACQUISITION AND OPERATION.] Without 
176.15  limiting the grant or enumeration of any of the powers conferred 
176.16  on the council commission under sections 473.501 to 473.549, the 
176.17  council commission shall have the specific power to acquire by 
176.18  purchase, lease, condemnation, gift or grant any real or 
176.19  personal property, positive and negative easements and water and 
176.20  air rights, and it may construct, enlarge, improve, replace, 
176.21  repair, maintain and operate waste facilities in the 
176.22  metropolitan area deemed to be necessary or convenient in 
176.23  connection with the processing or disposal of waste resulting 
176.24  from sewage treatment, and the council may commission must not 
176.25  contract for the maintenance and operation of such waste 
176.26  facilities, subject to the bidding requirements of section 
176.27  473.523.  The council commission may accept for processing waste 
176.28  derived from outside the metropolitan area in the state, as well 
176.29  as waste derived from within the metropolitan area, and may fix 
176.30  and collect fees and charges for the acceptance of waste as the 
176.31  council commission determines to be reasonable. 
176.32     Subd. 2.  [GENERAL REQUIREMENTS.] With respect to its 
176.33  activities under this section, the council commission shall be 
176.34  subject to and comply with the applicable provisions of this 
176.35  chapter.  Property acquired by the council commission under this 
176.36  section shall be subject to the provisions of section 473.545.  
177.1   Any site or facility owned or operated for or by the council 
177.2   commission shall conform to the policy plan adopted under 
177.3   section 473.149.  The council shall commission may contract with 
177.4   private persons for the construction, maintenance, and operation 
177.5   of waste facilities, subject to the bidding requirements of 
177.6   section 473.523, where the facilities are adequate and available 
177.7   for use and competitive with other means of providing the same 
177.8   service. 
177.9      Subd. 3.  [LOCAL RESTRICTIONS.] Counties and local units of 
177.10  government may impose conditions respecting the construction, 
177.11  operation, inspection, monitoring, and maintenance of a waste 
177.12  facility of the council commission and conditions respecting the 
177.13  sale, gift, delivery, storage, use, and disposal of sewage 
177.14  sludge of the council commission on private property as a soil 
177.15  conditioner or amendment, but only in the manner and only to the 
177.16  extent authorized and approved by the council commission and the 
177.17  pollution control agency as being consistent with the 
177.18  establishment and use of the council's commission's waste 
177.19  facilities and the disposal of the council's commission's sewage 
177.20  sludge on private property in accordance with the council's 
177.21  plan, adopted under Minnesota Statutes 1992, section 473.153, 
177.22  and agency permits and rules.  Counties may exercise the 
177.23  enforcement powers granted under section 473.811, subdivision 
177.24  5c, in the manner and to the extent authorized and approved in 
177.25  accordance with this subdivision.  
177.26     Subd. 4.  [TECHNICAL MONITORING; SEWAGE SLUDGE DISPOSAL.] 
177.27  Each sewage sludge disposal facility of the council commission, 
177.28  or site used for the disposal of sewage sludge of the council 
177.29  commission, shall be required to have an agency permit issued 
177.30  pursuant to agency rules for permitting sewage sludge disposal 
177.31  facilities and sites.  Each permit shall require a regular 
177.32  monitoring and testing program to be carried out by the council 
177.33  commission.  A regular inspection program shall be conducted by 
177.34  the agency or a county under contract to the agency.  
177.35  The council commission shall reimburse the agency quarterly for 
177.36  the cost of the program, and the amounts reimbursed are hereby 
178.1   appropriated to the agency for the purposes of the program.  The 
178.2   council commission shall attempt to the greatest practical 
178.3   extent to provide a sludge quality that permits desired nutrient 
178.4   loadings and minimizes elements not essential for plant growth 
178.5   when sludge is disposed of on private property as a soil 
178.6   conditioner or amendment.  The council commission shall provide 
178.7   recipients with information on the facility generating the 
178.8   sludge and the content of the sludge taken from its various 
178.9   treatment facilities.  
178.10     Subd. 5.  [SLUDGE ASH CONTRACTS.] Notwithstanding section 
178.11  473.523, the council commission may enter into a negotiated 
178.12  contract with a private person to use the sludge ash generated 
178.13  by the council commission in a manufacturing process.  The 
178.14  contract may not exceed 30 years. 
178.15     Sec. 48.  Minnesota Statutes 1996, section 473.517, 
178.16  subdivision 1, is amended to read: 
178.17     Subdivision 1.  [CURRENT COSTS DEFINED.] The estimated 
178.18  costs of operation, maintenance, and debt service of the 
178.19  metropolitan disposal system to be paid by the council 
178.20  commission in each fiscal year, and the costs of acquisition and 
178.21  betterment of the system which are to be paid during the year 
178.22  from funds other than bond proceeds, including all expenses 
178.23  incurred by the council commission pursuant to sections 473.501 
178.24  to 473.545, are referred to in this section as current costs, 
178.25  and shall be allocated in the budget for that year to the 
178.26  respective local government units in the metropolitan area as 
178.27  provided in subdivisions 2 to 6.  The amount budgeted by 
178.28  the council commission for any year for a reserve or contingency 
178.29  fund must be treated as a current cost and allocated as a cost 
178.30  of operation and maintenance in accordance with this section.  
178.31  The reserve or contingency fund so established may not exceed an 
178.32  amount equal to 7.5 percent of the council's commission's waste 
178.33  control operating budget in total. 
178.34     Sec. 49.  Minnesota Statutes 1996, section 473.517, 
178.35  subdivision 2, is amended to read: 
178.36     Subd. 2.  [ALLOCATION OF METROPOLITAN TREATMENT WORKS AND 
179.1   INTERCEPTOR COSTS; ADJUSTED VOLUME.] Except as provided in 
179.2   subdivision 3, the current costs of all treatment works and 
179.3   interceptors in the metropolitan disposal system shall be 
179.4   allocated among and paid by all local government units which 
179.5   will discharge sewage, directly or indirectly, into the 
179.6   metropolitan disposal system during the budget year, in 
179.7   proportion to the total volume estimated to be so discharged by 
179.8   each local government unit, adjusted as follows: 
179.9      (a) increased or decreased, as the case may be, to the 
179.10  extent the council commission determines, on the basis of such 
179.11  historical and reasonably projected data as may be available, 
179.12  that the sewage discharged by one unit will require more or less 
179.13  treatment to produce a suitable effluent than that discharged by 
179.14  others; 
179.15     (b) decreased by any amount of surface water estimated by 
179.16  the council commission to be discharged by a local government 
179.17  unit from a combined storm and sanitary sewer system; 
179.18     (c) increased by that volume of normal sanitary sewage 
179.19  which is equivalent for treatment purposes to the volume of 
179.20  surface water referred to in clause (b), as determined by the 
179.21  council commission from available engineering data; and 
179.22     (d) increased or decreased, as the case may be, by the 
179.23  amount of any substantial and demonstrable error in a previous 
179.24  estimate. 
179.25     Sec. 50.  Minnesota Statutes 1996, section 473.517, 
179.26  subdivision 3, is amended to read: 
179.27     Subd. 3.  [ALLOCATION OF METROPOLITAN TREATMENT WORKS AND 
179.28  INTERCEPTOR COSTS; RESERVED CAPACITY.] In preparing each budget 
179.29  the council commission shall estimate the current costs of 
179.30  acquisition, betterment, and debt service, only, of the 
179.31  treatment works in the metropolitan disposal system which will 
179.32  not be used to total capacity during the budget year, and the 
179.33  percentage of such capacity which will not be used, and shall 
179.34  deduct the same percentage of such treatment works costs from 
179.35  the current costs allocated under subdivision 2.  The council 
179.36  commission shall also estimate the current costs of acquisition, 
180.1   betterment, and debt service, only, of the interceptors in the 
180.2   metropolitan disposal system that will not be used to total 
180.3   capacity during the budget year, shall estimate the percentage 
180.4   of the total capacity that will not be used, and shall deduct 
180.5   the same percentage of interceptor costs from the current costs 
180.6   allocated under subdivision 2.  The total amount so deducted 
180.7   with respect to all treatment works and interceptors in the 
180.8   system shall be allocated among and paid by the respective local 
180.9   government units in the metropolitan area for which system 
180.10  capacity unused each year is reserved for future use, in 
180.11  proportion to the amounts of such capacity reserved for each of 
180.12  them.  
180.13     Sec. 51.  Minnesota Statutes 1996, section 473.517, 
180.14  subdivision 6, is amended to read: 
180.15     Subd. 6.  [DEFERMENT OF PAYMENTS.] The council commission 
180.16  may by resolution provide for the deferment of payment of all or 
180.17  part of the current costs of acquisition, betterment, and debt 
180.18  service of estimated unused capacity which are allocated by the 
180.19  council commission to a local government unit in any year 
180.20  pursuant to subdivision 3, repayable at such time or times as 
180.21  the council commission shall specify in the resolution, with 
180.22  interest at the approximate average annual rate borne by council 
180.23  commission bonds outstanding at the time of the deferment, as 
180.24  determined by the council commission.  Such costs may be 
180.25  deferred only when the council commission determines that a 
180.26  substantial portion of the territory of a local government unit 
180.27  has not been connected to the metropolitan disposal system, and 
180.28  that the amount of such costs or some portion thereof is 
180.29  disproportionate to the available economic resources of the unit 
180.30  at the time.  Such deferred costs shall be allocated to and paid 
180.31  by all local government units in the metropolitan area which 
180.32  will discharge sewage, directly or indirectly, into the 
180.33  metropolitan disposal system in the budget year for which the 
180.34  deferment is granted, in the same manner and proportions as 
180.35  current costs are allocated under subdivision 2.  When such 
180.36  deferred costs are repaid they shall be applied in reduction of 
181.1   the total amount of costs thereafter allocated to each of the 
181.2   local government units to which such deferred costs were 
181.3   allocated in the year of deferment, in proportion to their 
181.4   allocations thereof that year. 
181.5      Sec. 52.  Minnesota Statutes 1996, section 473.517, 
181.6   subdivision 9, is amended to read: 
181.7      Subd. 9.  [ADVISORY COMMITTEES.] The council commission may 
181.8   establish and appoint persons to advisory committees to assist 
181.9   the council commission in the performance of its wastewater 
181.10  control duties.  If established, the advisory committees shall 
181.11  meet with the council commission to consult with such members 
181.12  concerning the acquisition, betterment, operation and 
181.13  maintenance of interceptors and treatment works in the 
181.14  metropolitan disposal system, and the allocation of costs 
181.15  therefor.  Members of the advisory committee serve without 
181.16  compensation but must be reimbursed for their reasonable 
181.17  expenses as determined by the council commission. 
181.18     Sec. 53.  Minnesota Statutes 1996, section 473.519, is 
181.19  amended to read: 
181.20     473.519 [FEDERAL WATER POLLUTION CONTROL ACT AMENDMENTS OF 
181.21  1972; SYSTEM OF CHARGES.] 
181.22     Each local government unit shall adopt a system of charges 
181.23  for the use and availability of the metropolitan disposal system 
181.24  which will assure that each recipient of waste treatment 
181.25  services within or served by the unit will pay its proportionate 
181.26  share of the current costs allocated to the unit by the 
181.27  council commission under section 473.517, as required by the 
181.28  federal Water Pollution Control Act amendments of 1972, and any 
181.29  regulations issued pursuant thereto.  Each system of charges 
181.30  shall be adopted as soon as possible and shall be submitted to 
181.31  the council commission.  The council commission shall review 
181.32  each system of charges to determine whether it complies with the 
181.33  federal law and regulations.  If it determines that a system of 
181.34  charges does not comply, the adopting unit shall be notified and 
181.35  shall change its system to comply, and shall submit the changes 
181.36  to the council commission for review.  All subsequent changes in 
182.1   a system of charges proposed by a local government unit shall 
182.2   also be submitted to the council commission for review.  
182.3      Sec. 54.  Minnesota Statutes 1996, section 473.521, is 
182.4   amended to read: 
182.5      473.521 [PAYMENTS TO COUNCIL COMMISSION.] 
182.6      Subdivision 1.  [AMOUNTS DUE COUNCIL COMMISSION, WHEN 
182.7   PAYABLE.] Charges payable to the council commission by local 
182.8   government units may be made payable at such times during each 
182.9   year as the council commission determines, but such dates shall 
182.10  be fixed with reference to the dates on which tax, assessment, 
182.11  and revenue collections become available to the government units 
182.12  required to pay such charges.  
182.13     Subd. 2.  [COMPONENT MUNICIPALITIES, OBLIGATIONS TO COUNCIL 
182.14  COMMISSION.] Each government unit shall pay to the council 
182.15  commission all sums charged to it as provided in section 
182.16  473.517, at the times and in the manner determined by 
182.17  the council commission.  The governing body of each such 
182.18  government unit shall take all action that may be necessary to 
182.19  provide the funds required for such payments and to make the 
182.20  same when due.  
182.21     Subd. 3.  [POWERS OF GOVERNMENT UNITS.] To accomplish any 
182.22  duty imposed on it by the council commission, the governing body 
182.23  of every government unit in the metropolitan area may exercise 
182.24  the powers granted any municipality by chapters 117, 412, 429, 
182.25  475, sections 115.46, 444.075 and 471.59.  
182.26     Subd. 4.  [DEFICIENCY TAX LEVIES.] If the governing body of 
182.27  any local government unit fails to meet any payment to 
182.28  the council commission hereunder when due, the metropolitan 
182.29  council commission may certify to the auditor of the county in 
182.30  which the government unit is located the amount required for 
182.31  payment of such amount with interest at six percent per annum.  
182.32  The auditor shall levy and extend such amount as a tax upon all 
182.33  taxable property in the government unit for the next calendar 
182.34  year, free from any existing limitations imposed by law or 
182.35  charter.  Such tax shall be collected in the same manner as the 
182.36  general taxes of the government unit, and the proceeds thereof, 
183.1   when collected, shall be paid by the county treasurer to the 
183.2   treasurer of the council commission and credited to the 
183.3   government unit for which the tax was levied. 
183.4      Sec. 55.  Minnesota Statutes 1996, section 473.523, is 
183.5   amended to read: 
183.6      473.523 [CONTRACTS FOR CONSTRUCTION MATERIALS, SUPPLIES, 
183.7   AND EQUIPMENT.] 
183.8      Subdivision 1.  All contracts for construction work, or for 
183.9   the purchase of materials, supplies, or equipment relating to 
183.10  the metropolitan disposal system shall be made as provided in 
183.11  section 471.345, subdivisions 3 to 6.  Contracts subject to 
183.12  section 471.345, subdivision 3, shall be made by the council 
183.13  commission by publishing once in a legal newspaper or trade 
183.14  paper published in a city of the first class not less than two 
183.15  weeks before the last day for submission of bids, notice that 
183.16  bids or proposals will be received.  Such notice shall state the 
183.17  nature of the work or purchase and the terms and conditions upon 
183.18  which the contract is to be awarded, and a time and place where 
183.19  such bids will be received, opened, and read publicly.  After 
183.20  such bids have been duly received, opened, read publicly, and 
183.21  recorded, the council commission shall award such contract to 
183.22  the lowest responsible bidder or it may reject all bids and 
183.23  readvertise.  Each contract shall be duly executed in writing 
183.24  and the party to whom the contract is awarded shall give 
183.25  sufficient bond or security to the board for the faithful 
183.26  performance of the contract as required by law.  The council 
183.27  commission shall have the right to set qualifications and 
183.28  specifications and to require bids to meet all such 
183.29  qualifications and specifications before being accepted.  If the 
183.30  council commission by an affirmative vote of two-thirds of its 
183.31  members declares that an emergency exists requiring the 
183.32  immediate purchase of materials or supplies at a cost in excess 
183.33  of the amount specified in section 471.345, subdivision 3, or in 
183.34  making emergency repairs, it shall not be necessary to advertise 
183.35  for bids. 
183.36     Subd. 2.  The manager of wastewater services may chief 
184.1   administrator, without prior approval of the council commission 
184.2   and without advertising for bids, enter into any contract of the 
184.3   type referred to in subdivision 1 which is not in excess of the 
184.4   amount specified in section 471.345, subdivision 3.  
184.5      Sec. 56.  Minnesota Statutes 1996, section 473.535, is 
184.6   amended to read: 
184.7      473.535 [CAPITAL IMPROVEMENT PROGRAM; BUDGET.] 
184.8      The council commission shall prepare and adopt a capital 
184.9   improvement program and a budget for the acquisition or 
184.10  betterment of any interceptors or treatment works determined by 
184.11  the council commission to be necessary or desirable for the 
184.12  metropolitan disposal system.  When the council commission 
184.13  issues debt under section 473.541, it must be for the projects 
184.14  identified in the adopted capital improvement program and budget.
184.15     Sec. 57.  Minnesota Statutes 1996, section 473.541, is 
184.16  amended to read: 
184.17     473.541 [DEBT OBLIGATIONS.] 
184.18     Subdivision 1.  [CERTIFICATES OF INDEBTEDNESS.] At any time 
184.19  or times after approval of an annual budget, and in anticipation 
184.20  of the collection of tax and other revenues appropriated in the 
184.21  budget, the council commission may by resolution authorize the 
184.22  issuance, negotiation, and sale, in such form and manner and 
184.23  upon such terms as it may determine, of general obligation 
184.24  certificates of indebtedness in aggregate principal amounts not 
184.25  exceeding 50 percent of the total amount of such appropriations, 
184.26  and maturing not later than April 1 following the close of the 
184.27  budget year.  All receipts of tax and other revenues included in 
184.28  the budget, after the expenditure of appropriated funds, shall 
184.29  be irrevocably appropriated to a special fund to pay the 
184.30  principal of and the interest on the certificates when due.  If 
184.31  for some reason the anticipated revenues are insufficient to pay 
184.32  the certificates and interest thereon when due, the council 
184.33  commission shall levy a tax in the amount of the deficiency on 
184.34  all taxable property in the metropolitan area, and shall 
184.35  appropriate this amount to the special fund, to be credited 
184.36  thereto from the first tax and other revenues received in the 
185.1   following budget year.  
185.2      Subd. 2.  [EMERGENCY CERTIFICATES OF INDEBTEDNESS.] If in 
185.3   any budget year the receipts of tax and other revenues should 
185.4   from some unforeseen cause become insufficient to pay the 
185.5   council's commissioner's current wastewater control expenses, or 
185.6   if any calamity or other public emergency should subject it to 
185.7   the necessity of making extraordinary wastewater control 
185.8   expenditures, the council commission may make an emergency 
185.9   appropriation of an amount sufficient to meet the deficiency and 
185.10  may authorize the issuance, negotiation, and sale of 
185.11  certificates of indebtedness in this amount in the same manner 
185.12  and upon the same conditions as provided in subdivision 1, 
185.13  except that the council commission shall forthwith levy on all 
185.14  taxable property in the metropolitan area a tax sufficient to 
185.15  pay the certificates and interest thereon, and shall appropriate 
185.16  all collections of such tax to a special fund created for that 
185.17  purpose.  The certificates may mature not later than April in 
185.18  the year following the year in which the tax is collectible.  
185.19     Subd. 3.  [GENERAL OBLIGATION BONDS.] The council 
185.20  commission may by resolution authorize the issuance of general 
185.21  obligation bonds for the acquisition or betterment of any 
185.22  interceptors or treatment works determined to be necessary or 
185.23  desirable for the metropolitan disposal system, or for the 
185.24  refunding of outstanding bonds, certificates of indebtedness, or 
185.25  judgments.  The council commission shall provide for the 
185.26  issuance and sale and for the security of such bonds in the 
185.27  manner provided in chapter 475, and shall have the same powers 
185.28  and duties as a municipality issuing bonds under that law, 
185.29  except that no election shall be required and the net debt 
185.30  limitations in chapter 475 shall not apply to such bonds.  
185.31  The council commission may also pledge for the payment of such 
185.32  bonds any revenues receivable under section 473.517.  
185.33     Subd. 4.  [REVENUE BONDS.] (a) The council commission may, 
185.34  by resolution, authorize the issuance of revenue bonds for any 
185.35  purpose for which general obligation bonds may be issued under 
185.36  subdivision 3.  The bonds shall be sold, issued, and secured in 
186.1   the manner provided in chapter 475 for bonds payable solely from 
186.2   revenues, except as otherwise provided in this subdivision, and 
186.3   the council commission shall have the same powers and duties as 
186.4   a municipality and its governing body in issuing bonds under 
186.5   that chapter.  The bonds shall be payable from and secured by a 
186.6   pledge of all or any part of revenues receivable under section 
186.7   473.517, shall not, and shall state they do not, represent or 
186.8   constitute a general obligation or debt of the council 
186.9   commission, and shall not be included in the net debt of any 
186.10  city, county, or other subdivision of the state for the purpose 
186.11  of any net debt limitation.  The proceeds of the bonds may be 
186.12  used to pay credit enhancement fees.  
186.13     (b) The bonds may be secured by a bond resolution, or a 
186.14  trust indenture entered into by the council commission with a 
186.15  corporate trustee within or outside the state, which shall 
186.16  define the revenues and bond proceeds pledged for the payment 
186.17  and security of the bonds.  The pledge shall be a valid charge 
186.18  on the revenues received under section 473.517.  No mortgage of 
186.19  or security interest in any tangible real or personal property 
186.20  shall be granted to the bondholders or the trustee, but they 
186.21  shall have a valid security interest in the revenues and bond 
186.22  proceeds received by the council commission and pledged to the 
186.23  payment of the bonds as against the claims of all persons in 
186.24  tort, contract, or otherwise, irrespective of whether such 
186.25  parties have notice thereof and without possession or filing as 
186.26  provided in the Uniform Commercial Code or any other law, 
186.27  subject, however, to the rights of the holders of any general 
186.28  obligation bonds issued under subdivision 3.  In the bond 
186.29  resolution or trust indenture, the council commission may make 
186.30  such covenants as it determines to be reasonable for the 
186.31  protection of the bondholders, including a covenant to issue 
186.32  general obligation bonds to refund the revenue bonds if and to 
186.33  the extent required to pay principal and interest on the bonds 
186.34  and to certify a deficiency tax levy as provided in section 
186.35  473.521, subdivision 4.  
186.36     (c) Neither the council commission, nor any council 
187.1   commission member, officer, employee, or agent of the council 
187.2   commission, nor any person executing the bonds shall be liable 
187.3   personally on the bonds by reason of their issuance.  The bonds 
187.4   shall not be payable from nor a charge upon any funds other than 
187.5   the revenues and bond proceeds pledged to the payment thereof, 
187.6   nor shall the council commission be subject to any liability 
187.7   thereon or have the power to obligate itself to pay or to pay 
187.8   the bonds from funds other than the revenues and bond proceeds 
187.9   pledged, and no holder or holders of bonds shall ever have the 
187.10  right to compel any exercise of the taxing power of the 
187.11  council commission (except any deficiency tax levy the council 
187.12  commission covenants to certify under section 473.521, 
187.13  subdivision 4) or any other public body, to the payment of 
187.14  principal of or interest on the bonds, nor to enforce payment 
187.15  thereof against any property of the council or other public body 
187.16  other than that expressly pledged for the payment thereof.  
187.17     Sec. 58.  Minnesota Statutes 1996, section 473.542, is 
187.18  amended to read: 
187.19     473.542 [DEPOSITORIES.] 
187.20     The council commission shall from time to time designate 
187.21  one or more national or state banks, or trust companies 
187.22  authorized to do a banking business, as official depositories 
187.23  for moneys of the council commission, and thereupon shall 
187.24  require the treasurer to deposit all or a part of such moneys in 
187.25  such institutions.  Such designation shall be in writing and 
187.26  shall set forth all the terms and conditions upon which the 
187.27  deposits are made, and shall be signed by the chair and 
187.28  treasurer, and made a part of the minutes of the council 
187.29  commission.  Any bank or trust company so designated shall 
187.30  qualify as a depository by furnishing a corporate surety bond or 
187.31  collateral in the amounts required by section 118A.03.  However, 
187.32  no bond or collateral shall be required to secure any deposit 
187.33  insofar as it is insured under federal law.  
187.34     Sec. 59.  Minnesota Statutes 1996, section 473.543, is 
187.35  amended to read: 
187.36     473.543 [MONEYS, ACCOUNTS AND INVESTMENTS.] 
188.1      Subdivision 1.  [DISPOSED OF AS BUDGETED; PLEDGES.] All 
188.2   moneys from wastewater control operations received by the 
188.3   council commission shall be deposited or invested by the 
188.4   treasurer and disposed of as the council commission may direct 
188.5   in accordance with its waste control budget; provided that any 
188.6   moneys that have been pledged or dedicated by the metropolitan 
188.7   council commission to the payment of obligations or interest 
188.8   thereon or expenses incident thereto, or for any other specific 
188.9   purpose authorized by law, shall be paid by the treasurer into 
188.10  the fund to which they have been pledged.  
188.11     Subd. 2.  [ACCOUNTS.] The council's commission's treasurer 
188.12  shall establish such funds and accounts as may be necessary or 
188.13  convenient to handle the receipts and disbursements of the 
188.14  council commission in an orderly fashion.  
188.15     Subd. 3.  [WHERE TO DEPOSIT; HOW TO INVEST.] The moneys on 
188.16  hand in said funds and accounts may be deposited in the official 
188.17  depositories of the council commission or invested as 
188.18  hereinafter provided.  The amount thereof not currently needed 
188.19  or required by law to be kept in cash on deposit may be invested 
188.20  in obligations authorized for the investment of public funds by 
188.21  section 118A.04.  Such moneys may also be held under 
188.22  certificates of deposit issued by any official depository of the 
188.23  council commission.  
188.24     Subd. 4.  [BOND PROCEEDS.] The use of proceeds of all bonds 
188.25  issued by the council commission for the acquisition and 
188.26  betterment of interceptors or treatment works, and the use, 
188.27  other than investment, of all moneys on hand in any sinking fund 
188.28  or funds of the council commission, shall be governed by the 
188.29  provisions of chapter 475, and the provisions of resolutions 
188.30  authorizing the issuance of such bonds. 
188.31     Sec. 60.  Minnesota Statutes 1996, section 473.545, is 
188.32  amended to read: 
188.33     473.545 [PROPERTY EXEMPT FROM TAXATION.] 
188.34     Any properties, real or personal, owned, leased, 
188.35  controlled, used, or occupied by the council commission for any 
188.36  purpose referred to in Minnesota Statutes 1984, section 473.502, 
189.1   are declared to be acquired, owned, leased, controlled, used and 
189.2   occupied for public, governmental, and municipal purposes, and 
189.3   shall be exempt from taxation by the state or any political 
189.4   subdivision of the state, provided that such properties shall be 
189.5   subject to special assessments levied by a political subdivision 
189.6   for a local improvement in amounts proportionate to and not 
189.7   exceeding the special benefit received by the properties from 
189.8   such improvement.  No possible use of any such properties in any 
189.9   manner different from their use as part of the metropolitan 
189.10  disposal system at the time shall be considered in determining 
189.11  the special benefit received by such properties.  All such 
189.12  assessments shall be subject to final confirmation by the 
189.13  metropolitan council commission, whose determination of the 
189.14  benefits shall be conclusive upon the political subdivision 
189.15  levying the assessment.  
189.16     Sec. 61.  Minnesota Statutes 1996, section 473.547, is 
189.17  amended to read: 
189.18     473.547 [TAX LEVIES.] 
189.19     The council commission shall have power to levy taxes for 
189.20  debt service of the metropolitan disposal system upon all 
189.21  taxable property within the metropolitan area, without 
189.22  limitation of rate or amount and without affecting the amount or 
189.23  rate of taxes which may be levied by the council for other 
189.24  purposes or by any local government unit in the area.  
189.25  The council commission shall also have power to levy taxes as 
189.26  provided in section 473.521.  Each of the county auditors shall 
189.27  annually assess and extend upon the tax rolls in the auditor's 
189.28  county the portion of the taxes levied by the council commission 
189.29  in each year which is certified to the auditor by the council 
189.30  commission.  Each county treasurer shall collect and make 
189.31  settlement of such taxes with the council commission in the same 
189.32  manner as with other political subdivisions. 
189.33     Sec. 62.  Minnesota Statutes 1996, section 473.549, is 
189.34  amended to read: 
189.35     473.549 [RELATION TO EXISTING LAWS.] 
189.36     The provisions of sections 473.501 to 473.549 shall be 
190.1   given full effect notwithstanding the provisions of any law not 
190.2   consistent therewith.  The powers conferred on the 
190.3   council commission under sections 473.501 to 473.545 shall in no 
190.4   way diminish or supersede the powers conferred on the pollution 
190.5   control agency by sections 103F.701 to 103F.761 and chapters 115 
190.6   and 116. 
190.7      Sec. 63.  [TRANSITION.] 
190.8      Except as otherwise provided in Minnesota Statutes, section 
190.9   473.254, subdivision 5, the powers, duties, assets, and 
190.10  liabilities of the abolished metropolitan council relating to 
190.11  the metropolitan disposal system are transferred to the 
190.12  metropolitan waste control commission established in this 
190.13  article.  Minnesota Statutes, section 15.039 applies to the 
190.14  transfer to the extent practicable. 
190.15     Sec. 64.  [EFFECTIVE DATE.] 
190.16     This article is effective July 1, 1998. 
190.17                             ARTICLE 5 
190.18             METROPOLITAN SPORTS FACILITIES COMMISSION 
190.19     Section 1.  Minnesota Statutes 1996, section 3.9741, 
190.20  subdivision 1, is amended to read: 
190.21     Subdivision 1.  [METROPOLITAN COMMISSION.] Upon the audit 
190.22  of the financial accounts and affairs of a commission under 
190.23  section 473.595, 473.604, or 473.703, the affected metropolitan 
190.24  commission is liable to the state for the total cost and 
190.25  expenses of the audit, including the salaries paid to the 
190.26  examiners while actually engaged in making the examination.  The 
190.27  legislative auditor may bill the metropolitan commission either 
190.28  monthly or at the completion of the audit.  All collections 
190.29  received for the audits must be deposited in the general fund.  
190.30     Sec. 2.  Minnesota Statutes 1996, section 13.55, 
190.31  subdivision 1, is amended to read: 
190.32     Subdivision 1.  [NOT PUBLIC CLASSIFICATION.] The following 
190.33  data received, created, or maintained by or for publicly owned 
190.34  and operated convention or professional sports facilities, or 
190.35  civic center authorities, or the metropolitan sports facilities 
190.36  commission are classified as nonpublic data pursuant to section 
191.1   13.02, subdivision 9; or private data on individuals pursuant to 
191.2   section 13.02, subdivision 12:  
191.3      (a) a letter or other documentation from any person who 
191.4   makes inquiry to or who is contacted by the facility regarding 
191.5   the availability of the facility for staging events; 
191.6      (b) identity of firms and corporations which contact the 
191.7   facility; 
191.8      (c) type of event which they wish to stage in the facility; 
191.9      (d) suggested terms of rentals; and 
191.10     (e) responses of authority staff to these inquiries. 
191.11     Sec. 3.  Minnesota Statutes 1996, section 240A.08, is 
191.12  amended to read: 
191.13     240A.08 [APPROPRIATION.] 
191.14     (a) $750,000 is appropriated annually from the general fund 
191.15  to the Minnesota amateur sports commission for the purpose of 
191.16  entering into long-term leases, use, or other agreements with 
191.17  the metropolitan sports facilities commission for the conduct of 
191.18  amateur sports activities at the basketball and hockey arena, 
191.19  consistent with the purposes set forth in this chapter, 
191.20  including (1) stimulating and promoting amateur sports, (2) 
191.21  promoting physical fitness by promoting participation in sports, 
191.22  (3) promoting the development of recreational amateur sport 
191.23  opportunities and activities, and (4) promoting local, regional, 
191.24  national, and international amateur sport competitions and 
191.25  events.  The amateur sports commission shall determine what 
191.26  constitutes amateur sports activities as provided in this 
191.27  chapter as of March 1, 1995.  The metropolitan sports facilities 
191.28  commission agreement may allocate at least 25 but no more than 
191.29  50 dates a year for the conduct of amateur sports activities at 
191.30  the basketball and hockey arena by the amateur sports commission.
191.31  At least 12 of the dates must be on a Friday, Saturday, or 
191.32  Sunday.  The amateur sports commission may sell a date at the 
191.33  arena to another group for any purpose.  Revenue from sale of 
191.34  these dates is appropriated to the amateur sports commission for 
191.35  purposes listed in section 240A.04.  If any amateur sports 
191.36  activities conducted by the amateur sports commission at the 
192.1   basketball and hockey arena are restricted to participants of 
192.2   one gender, an equal number of activities on comparable days of 
192.3   the week must be conducted for participants of the other gender, 
192.4   but not necessarily in the same year.  The legislature reserves 
192.5   the right to repeal or amend this appropriation, and does not 
192.6   intend this appropriation to create public debt. 
192.7      (b) The amateur sports commission shall not transmit to the 
192.8   operator of the basketball and hockey arena payment of any 
192.9   event-related costs or expenses, including, but not limited to, 
192.10  personnel, labor, services, equipment, utilities, or supplies 
192.11  attributable to the events unless and until the operator has 
192.12  demonstrated, to the satisfaction of the amateur sports 
192.13  commission, the basis for each specific cost or expense and the 
192.14  means by which the costs and expenses were determined. 
192.15     (c) The amateur sports commission may use any ticket system 
192.16  as may be in place from time to time at the basketball and 
192.17  hockey arena, provided that any royalty or rebate fees or 
192.18  charges or surcharges on tickets received by the operator of the 
192.19  arena from third parties must be credited against event-related 
192.20  costs or expenses. 
192.21     (d) In the establishment of event-related costs to be 
192.22  imposed upon the amateur sports commission, the operator of the 
192.23  basketball and hockey arena shall provide the amateur sports 
192.24  commission with the maximum discount that the operator has 
192.25  supplied to any other sponsor of a similar amateur sports event 
192.26  in the arena within the 180-day period immediately preceding the 
192.27  date of the amateur sports commission event. 
192.28     (e) The amateur sports commission must report by August 1 
192.29  each year to the chairs of the house and senate state government 
192.30  finance divisions on compliance with this section and on the 
192.31  total value of dates and ancillary services, and revenue derived 
192.32  from resale of dates, during the previous state fiscal year. 
192.33     (f) The attorney general, on behalf of the amateur sports 
192.34  commission, must pursue collection of monetary damages from the 
192.35  operator of the arena if the operator fails to comply with the 
192.36  requirements of this section. 
193.1      (g) The books, records, documents, accounting procedures, 
193.2   and practices of the metropolitan sports facilities commission, 
193.3   the Minneapolis community development agency, and any 
193.4   corporation with which the Minnesota amateur sports commission 
193.5   may contract for use of the basketball and hockey arena are 
193.6   available for review by the Minnesota amateur sports commission, 
193.7   the legislative auditor, and the chairs of the state government 
193.8   finance divisions of the senate and the house of 
193.9   representatives, subject to chapter 13 and section 473.598, 
193.10  subdivision 4. 
193.11     Sec. 4.  Minnesota Statutes 1996, section 340A.404, 
193.12  subdivision 1, is amended to read: 
193.13     Subdivision 1.  [CITIES.] A city may issue an on-sale 
193.14  intoxicating liquor license to the following establishments 
193.15  located within its jurisdiction: 
193.16     (1) hotels; 
193.17     (2) restaurants; 
193.18     (3) bowling centers; 
193.19     (4) clubs or congressionally chartered veterans 
193.20  organizations with the approval of the commissioner, provided 
193.21  that the organization has been in existence for at least three 
193.22  years and liquor sales will only be to members and bona fide 
193.23  guests; 
193.24     (5) sports facilities located on land owned by 
193.25  the successor to the metropolitan sports commission; and 
193.26     (6) exclusive liquor stores.  
193.27     Sec. 5.  Minnesota Statutes 1996, section 340A.504, 
193.28  subdivision 1, is amended to read: 
193.29     Subdivision 1.  [3.2 PERCENT MALT LIQUOR.] No sale of 3.2 
193.30  percent malt liquor may be made between 1:00 a.m. and 8:00 a.m. 
193.31  on the days of Monday through Saturday, nor between 1:00 a.m. 
193.32  and 12:00 noon on Sunday, provided that an establishment located 
193.33  on land owned by the successor to the metropolitan sports 
193.34  commission and used for sports, or the sports arena for which 
193.35  one or more licenses have been issued under section 340A.404, 
193.36  subdivision 2, paragraph (c), may sell 3.2 percent malt liquor 
194.1   between 10:00 a.m. and 12:00 noon on a Sunday on which a sports 
194.2   or other event is scheduled to begin at that location on or 
194.3   before 1:00 p.m. of that day. 
194.4      Sec. 6.  Minnesota Statutes 1996, section 473.121, 
194.5   subdivision 5a, is amended to read: 
194.6      Subd. 5a.  [METROPOLITAN AGENCY.] "Metropolitan agency" 
194.7   means the metropolitan parks and open space commission, and the 
194.8   metropolitan airports commission, and metropolitan sports 
194.9   facilities commission. 
194.10     Sec. 7.  Minnesota Statutes 1996, section 473.551, 
194.11  subdivision 4, is amended to read: 
194.12     Subd. 4.  [METRODOME DEBT SERVICE.] "Metrodome debt 
194.13  service" means the principal and interest due each year on all 
194.14  bonds or revenue anticipation certificates issued by 
194.15  the metropolitan council under section 473.581 before the 
194.16  effective date of this article. 
194.17     Sec. 8.  Minnesota Statutes 1996, section 473.551, 
194.18  subdivision 5, is amended to read: 
194.19     Subd. 5.  [METROPOLITAN SPORTS AREA.] "Metropolitan sports 
194.20  area" means the real estate in the city of Bloomington described 
194.21  in the ownership and operations agreement, and all buildings, 
194.22  structures, improvements and equipment thereon including the met 
194.23  center, owned by the cities on May 17, 1977, the date of 
194.24  enactment of sections 473.551 to 473.595, and since later 
194.25  transferred to the metropolitan sports facilities commission 
194.26  pursuant to sections 473.551 to 473.595. 
194.27     Sec. 9.  Minnesota Statutes 1996, section 473.551, 
194.28  subdivision 8, is amended to read: 
194.29     Subd. 8.  [SPORTS FACILITY OR SPORTS FACILITIES.] "Sports 
194.30  facility" or "sports facilities" means real or personal property 
194.31  comprising a stadium, stadiums, or arenas suitable for 
194.32  university or major league professional baseball, for university 
194.33  or major league professional football and soccer, or for both, 
194.34  or for university or major league hockey or basketball, or for 
194.35  both, together with adjacent parking facilities, including on 
194.36  the effective date of Laws 1994, chapter 648, the metrodome, and 
195.1   the met center, and, upon acquisition by the commission, the 
195.2   basketball and hockey arena. 
195.3      Sec. 10.  Minnesota Statutes 1996, section 473.551, 
195.4   subdivision 9, is amended to read: 
195.5      Subd. 9.  [METRODOME.] "Metrodome" means the Hubert H. 
195.6   Humphrey Metrodome located in the city of Minneapolis 
195.7   constructed and owned by the commission and financed by the 
195.8   bonds of the council issued pursuant to sections 473.551 to 
195.9   473.595, including all real estate, buildings, improvements, and 
195.10  equipment in and on them. 
195.11     Sec. 11.  Minnesota Statutes 1996, section 473.551, 
195.12  subdivision 12, is amended to read: 
195.13     Subd. 12.  [MET CENTER.] "Met center" means the real estate 
195.14  in the city of Bloomington presently owned by the commission, 
195.15  formerly utilized for major league hockey, and all buildings, 
195.16  improvements, and equipment in and on it. 
195.17     Sec. 12.  Minnesota Statutes 1996, section 473.556, 
195.18  subdivision 4, is amended to read: 
195.19     Subd. 4.  [EXEMPTION OF PROPERTY.] Any real or personal 
195.20  property acquired, owned, leased, controlled, used, or occupied 
195.21  by the successor to the commission for any of the purposes of 
195.22  sections 473.551 to 473.599 is declared to be acquired, owned, 
195.23  leased, controlled, used and occupied for public, governmental, 
195.24  and municipal purposes, and shall be exempt from ad valorem 
195.25  taxation by the state or any political subdivision of the state, 
195.26  provided that such properties shall be subject to special 
195.27  assessments levied by a political subdivision for a local 
195.28  improvement in amounts proportionate to and not exceeding the 
195.29  special benefit received by the properties from the 
195.30  improvement.  No possible use of any such properties in any 
195.31  manner different from their use under sections 473.551 to 
195.32  473.599 at the time shall be considered in determining the 
195.33  special benefit received by the properties.  All assessments 
195.34  shall be subject to final confirmation by the council, whose 
195.35  determination of the benefits shall be conclusive upon the 
195.36  political subdivision levying the assessment.  Notwithstanding 
196.1   the provisions of section 272.01, subdivision 2, or 273.19, real 
196.2   or personal property leased by the successor to the commission 
196.3   to another person for uses related to the purposes of sections 
196.4   473.551 to 473.599, including the operation of the metrodome, 
196.5   met center, and, if acquired by the commission, the basketball 
196.6   and hockey arena shall be exempt from taxation regardless of the 
196.7   length of the lease.  The provisions of this subdivision, 
196.8   insofar as they require exemption or special treatment, shall 
196.9   not apply to any real property comprising the met center which 
196.10  is leased by the successor to the commission for residential, 
196.11  business, or commercial development or other purposes different 
196.12  from those contemplated in sections 473.551 to 473.599. 
196.13     Sec. 13.  Minnesota Statutes 1996, section 473.556, 
196.14  subdivision 5, is amended to read: 
196.15     Subd. 5.  [FACILITY OPERATION.] The successor to the 
196.16  commission may equip, improve, operate, manage, maintain, and 
196.17  control the metrodome, met center, basketball and hockey arena 
196.18  and sports facilities constructed, remodeled, or acquired under 
196.19  the provisions of sections 473.551 to 473.599. 
196.20     Sec. 14.  Minnesota Statutes 1996, section 473.556, 
196.21  subdivision 6, is amended to read: 
196.22     Subd. 6.  [DISPOSITION OF PROPERTY.] (a) The successor to 
196.23  the commission may sell, lease, or otherwise dispose of any real 
196.24  or personal property acquired by it, or to which it succeeded 
196.25  pursuant to this article which is no longer required for 
196.26  accomplishment of its purposes.  The property shall be sold in 
196.27  accordance with the procedures provided by section 469.065, 
196.28  insofar as practical and consistent with sections 473.551 to 
196.29  473.599.  
196.30     (b) The proceeds from the sale of any real property at the 
196.31  metropolitan sports area shall be paid to the council successor 
196.32  to the commission and used for debt service or retirement. 
196.33     Sec. 15.  Minnesota Statutes 1996, section 473.556, 
196.34  subdivision 11, is amended to read: 
196.35     Subd. 11.  [AGREEMENTS WITH UNIVERSITY.] The successor to 
196.36  the commission and the board of regents of the University of 
197.1   Minnesota may enter into agreements and do all other acts 
197.2   necessary to further the functions prescribed in sections 
197.3   473.551 to 473.599. 
197.4      Sec. 16.  Minnesota Statutes 1996, section 473.556, 
197.5   subdivision 12, is amended to read: 
197.6      Subd. 12.  [USE AGREEMENTS.] The successor to the 
197.7   commission may lease, license, or enter into agreements and may 
197.8   fix, alter, charge, and collect rentals, fees, and charges to 
197.9   all persons for the use, occupation, and availability of part or 
197.10  all of any premises, property, or facilities under its 
197.11  ownership, operation, or control for purposes that will provide 
197.12  athletic, educational, cultural, commercial or other 
197.13  entertainment, instruction, or activity for the citizens of the 
197.14  metropolitan area.  Any such use agreement may provide that the 
197.15  other contracting party shall have exclusive use of the premises 
197.16  at the times agreed upon. 
197.17     Sec. 17.  Minnesota Statutes 1996, section 473.556, 
197.18  subdivision 14, is amended to read: 
197.19     Subd. 14.  [SMALL BUSINESS CONTRACTS.] In exercising its 
197.20  powers to contract for the purchase of services, materials, 
197.21  supplies, and equipment, pursuant to subdivisions 5, 7, 8, and 
197.22  10, the successor to the commission shall designate and set 
197.23  aside each fiscal year for awarding to small businesses 
197.24  approximately ten percent of the value of anticipated contracts 
197.25  and subcontracts of that kind for that year, in the manner 
197.26  required of the commissioner of administration for state 
197.27  procurement contracts pursuant to sections 16B.19 to 16B.22.  
197.28  The successor to the commission shall follow the rules 
197.29  promulgated by the commissioner of administration pursuant to 
197.30  section 16B.22, and shall submit reports of the kinds required 
197.31  of the commissioners of administration and economic development 
197.32  by section 16B.21. 
197.33     Sec. 18.  Minnesota Statutes 1996, section 473.556, 
197.34  subdivision 17, is amended to read: 
197.35     Subd. 17.  [CREATING A CONDOMINIUM.] The successor to the 
197.36  commission may, by itself or together with the Minneapolis 
198.1   community development agency and any other person, as to real or 
198.2   personal property comprising or appurtenant or ancillary to the 
198.3   basketball and hockey arena and the health club, act as a 
198.4   declarant and establish a condominium or leasehold condominium 
198.5   under chapter 515A or a common interest community or leasehold 
198.6   common interest community under chapter 515B, and may grant, 
198.7   establish, create, or join in other or related easements, 
198.8   agreements and similar benefits and burdens that the successor 
198.9   to the commission may deem necessary or appropriate, and 
198.10  exercise any and all rights and privileges and assume 
198.11  obligations under them as a declarant, unit owner or otherwise, 
198.12  insofar as practical and consistent with sections 473.551 to 
198.13  473.599.  The successor to the commission may be a member of an 
198.14  association and the chair, any commissioners and any officers 
198.15  and employees of the successor to the commission may serve on 
198.16  the board of an association under chapter 515A or 515B. 
198.17     Sec. 19.  Minnesota Statutes 1996, section 473.561, is 
198.18  amended to read: 
198.19     473.561 [EXEMPTION FROM COUNCIL REVIEW.] 
198.20     The acquisition and betterment of sports facilities by the 
198.21  successor to the commission shall be conducted pursuant to 
198.22  sections 473.551 to 473.599 and shall not be affected by the 
198.23  provisions of sections 473.165 and 473.173. 
198.24     Sec. 20.  Minnesota Statutes 1996, section 473.564, 
198.25  subdivision 2, is amended to read: 
198.26     Subd. 2.  [ASSUMPTION OF OBLIGATIONS.] Nothing herein shall 
198.27  be construed as imposing upon the successor to either the 
198.28  metropolitan council or the commission an obligation to 
198.29  compensate the cities or the metropolitan sports area commission 
198.30  for all or any part of the metropolitan sports area or to 
198.31  continue to operate and maintain the metropolitan sports area 
198.32  facilities taken over by the commission. 
198.33     Sec. 21.  Minnesota Statutes 1996, section 473.572, 
198.34  subdivision 2, is amended to read: 
198.35     Subd. 2.  It is the intent of the legislature that the 
198.36  commission shall, to the maximum extent possible consistent with 
199.1   the provisions of section 473.581, subdivision 3, impose rates, 
199.2   rentals, and other charges in the operation of the metrodome 
199.3   which will make the metrodome self supporting so that the taxes 
199.4   imposed under section 473.592 for the metrodome will be at the 
199.5   lowest possible rate consistent with the obligations of the city 
199.6   of Minneapolis as provided in sections 473.551 to 473.595. 
199.7      Sec. 22.  Minnesota Statutes 1996, section 473.592, is 
199.8   amended to read: 
199.9      473.592 [TAX REVENUES.] 
199.10     Subdivision 1.  [LOCAL SALES TAX.] The city of 
199.11  Minneapolis may must enter into agreements with the metropolitan 
199.12  council and county auditors, and with the successor to the 
199.13  commission if the city of Minneapolis is not the successor, 
199.14  which requires the municipality to impose a sales tax, 
199.15  supplemental to the general sales tax imposed in chapter 297A, 
199.16  for the purposes and in accordance with the requirements 
199.17  specified in sections 473.551 to 473.599 law.  The tax may be 
199.18  imposed: 
199.19     (a) on the gross receipts from all retail on-sales of 
199.20  intoxicating liquor and fermented malt beverages when sold at 
199.21  licensed on-sale liquor establishments and municipal liquor 
199.22  stores located within the municipality, 
199.23     (b) notwithstanding any limitations of Laws 1986, chapter 
199.24  396, section 5, clause (2), on the gross receipts from the 
199.25  furnishing for consideration of lodging for a period of less 
199.26  than 30 days at a hotel, motel, rooming house, tourist court, or 
199.27  trailer camp located within the municipality, 
199.28     (c) on the gross receipts on all sales of food primarily 
199.29  for consumption on or off the premises by restaurants and places 
199.30  of refreshment as defined by resolution of the city, or 
199.31     (d) on any one or combination of the foregoing. 
199.32     A tax under this subdivision shall be imposed only within a 
199.33  downtown taxing area to be determined by the council auditors.  
199.34  The agreement or agreements between the city, the metropolitan 
199.35  council, and the commission shall require the municipality to 
199.36  impose the tax or taxes at whatever rate or rates may be 
200.1   necessary to produce revenues which are determined by the 
200.2   council auditors from year to year to be required, together with 
200.3   the revenues available to the successor to the commission, to 
200.4   pay when due all debt service on bonds and revenue anticipation 
200.5   certificates issued under section 473.581, all debt service on 
200.6   bonds and revenue anticipation certificates issued under section 
200.7   473.599, and all expenses of operation, administration, and 
200.8   maintenance of the metrodome and the basketball and hockey 
200.9   arena.  When it is determined that a tax must be imposed under 
200.10  this subdivision after the effective date of Laws 1994, chapter 
200.11  648, there shall be added to the rate of the tax imposed for the 
200.12  purposes described in the previous sentence a tax at a rate of 
200.13  0.25 percent for use by the city to fund recreational facilities 
200.14  and programs in the city's neighborhoods for children and youth 
200.15  through the Minneapolis park and recreation board.  The 
200.16  agreements shall provide for the suspension, reimposition, 
200.17  reduction, or increase in tax collections upon determination by 
200.18  the metropolitan council county auditors that such actions are 
200.19  appropriate or necessary for the purposes for which the tax is 
200.20  imposed, provided that the balance in each of the metrodome debt 
200.21  service and the basketball and hockey arena debt service fund or 
200.22  funds, including any reserve for debt service, shall be 
200.23  maintained at least at an amount sufficient to pay the principal 
200.24  and interest on bonds which will become due within the next 
200.25  succeeding one year period and, except as otherwise provided by 
200.26  agreement, shall not be maintained at an amount greater than 
200.27  that required to pay principal and interest on bonds which will 
200.28  become due within the next succeeding two-year period.  Once the 
200.29  tax is imposed by the city, the tax imposed for the benefit of 
200.30  the Minneapolis park and recreation board shall remain in effect 
200.31  at the rate of 0.25 percent until the bonds issued under section 
200.32  473.599 have been retired.  The agreements shall be executed by 
200.33  the city, after approval by resolution of the city council and 
200.34  before the issuance of the bonds under section 473.581 and 
200.35  commencement of construction of the metrodome or the issuance of 
200.36  bonds under section 473.599 and acquisition of the basketball 
201.1   and hockey arena and shall constitute a contract or contracts 
201.2   with and for the security of all holders of the bonds and 
201.3   revenue anticipation certificates secured by the tax.  The 
201.4   metrodome shall not be constructed or remodeled in a 
201.5   municipality which has not entered into an agreement for the 
201.6   metrodome in accordance with this section.  A basketball and 
201.7   hockey arena shall not be acquired in the city of Minneapolis 
201.8   unless the city has entered into an agreement in accordance with 
201.9   this section as security for bonds issued pursuant to section 
201.10  473.599 and expenses of operation, administration, and 
201.11  maintenance of the basketball and hockey arena.  The tax shall 
201.12  be reported and paid to the commissioner of revenue with and as 
201.13  part of the state sales and use taxes, and shall be subject to 
201.14  the same penalties, interest, and enforcement provisions.  The 
201.15  collections of the tax, less refunds and a proportionate share 
201.16  of the costs of collection, shall be remitted at least quarterly 
201.17  to the metropolitan council and the city of Minneapolis for use 
201.18  by the Minneapolis park and recreation board county auditors.  
201.19  The commissioner of revenue shall deduct from the proceeds 
201.20  remitted to the council and the city an amount that equals the 
201.21  indirect statewide costs as well as the direct and indirect 
201.22  department costs necessary to administer, audit, and collect 
201.23  this tax.  The amount deducted shall be deposited in the general 
201.24  fund of the state.  The proceeds remitted with respect to the 
201.25  metrodome shall be placed, together with the net revenues of the 
201.26  successor to the commission attributable to the metrodome under 
201.27  section 473.595, into the debt service fund or reserve or 
201.28  special funds, established under section 473.581, and any funds 
201.29  established to secure payment of operating deficits of the 
201.30  successor to the commission arising from its ownership and 
201.31  operation of the metrodome.  The proceeds may be used for 
201.32  payment of debt service on bonds and revenue anticipation 
201.33  certificates issued under section 473.581, and expenses of 
201.34  operation, administration, and maintenance of the metrodome.  
201.35  The proceeds shall not be used for any capital costs of the 
201.36  metrodome, except that the proceeds may be used to pay interest 
202.1   on bonds during the construction period.  
202.2      The proceeds remitted with respect to the basketball and 
202.3   hockey arena shall be placed, together with the net revenues of 
202.4   the commission attributable to the basketball and hockey arena 
202.5   under section 473.595, subdivision 1a, into the debt service 
202.6   fund or reserve or special funds, established under section 
202.7   473.599, and any funds established to secure payment of 
202.8   operating deficits of the commission arising from its 
202.9   acquisition, ownership, operation, or maintenance of the 
202.10  basketball and hockey arena.  The proceeds may be used for 
202.11  payment of debt service on bonds and revenue anticipation 
202.12  certificates issued under section 473.599, and expenses of 
202.13  operation, administration, and maintenance of the basketball and 
202.14  hockey arena. 
202.15     Sec. 23.  Minnesota Statutes 1996, section 473.595, is 
202.16  amended to read: 
202.17     473.595 [COMMISSION FINANCES.] 
202.18     Subdivision 1.  [METRODOME ADMISSION TAX.] The successor to 
202.19  the commission shall by resolution impose and maintain a ten 
202.20  percent admission tax upon the granting, issuance, sale, or 
202.21  distribution, by any private or public person, association, or 
202.22  corporation, of the privilege of admission to activities at the 
202.23  metrodome.  No other tax, surcharge, or governmental imposition, 
202.24  except the taxes imposed by chapter 297A, may be levied by any 
202.25  other unit of government upon any such sale or distribution.  
202.26  The admission tax shall be stated and charged separately from 
202.27  the sales price so far as practicable and shall be collected by 
202.28  the grantor, seller, or distributor from the person admitted and 
202.29  shall be a debt from that person to the grantor, issuer, seller, 
202.30  or distributor, and the tax required to be collected shall 
202.31  constitute a debt owed by the grantor, issuer, seller, or 
202.32  distributor to the successor to the commission, which shall be 
202.33  recoverable at law in the same manner as other debts.  Every 
202.34  person granting, issuing, selling, or distributing tickets for 
202.35  such admissions may be required, as provided in resolutions 
202.36  of by the successor to the commission, to secure a permit, to 
203.1   file returns, to deposit security for the payment of the tax, 
203.2   and to pay such penalties for nonpayment and interest on late 
203.3   payments, as shall be deemed necessary or expedient to assure 
203.4   the prompt and uniform collection of the tax. 
203.5      Notwithstanding any other provisions of this subdivision, 
203.6   the imposition of an admission tax upon a national superbowl 
203.7   football game conducted at the metrodome is discretionary with 
203.8   the commission.  
203.9      Subd. 1a.  [ARENA ADMISSION TAX.] The commission shall 
203.10  impose a ten percent admission tax on all tickets sold, issued, 
203.11  granted, or distributed for the privilege of admission to the 
203.12  basketball and hockey arena.  In addition, the commission shall 
203.13  impose a surcharge in an amount to be determined by the 
203.14  commission, but not less than $1 per ticket, on all tickets 
203.15  sold, issued, granted, or distributed for the privilege of 
203.16  admission to activities at the basketball and hockey arena.  The 
203.17  sales price shall include the price of the ticket and any 
203.18  service or other charge imposed by the grantor, issuer, seller, 
203.19  or distributor upon the reservation, processing, distribution, 
203.20  delivery, or sale of the ticket.  No other tax, surcharge, or 
203.21  governmental imposition, except the taxes imposed by chapter 
203.22  297A, may be levied by any other unit of government upon such a 
203.23  sale or distribution.  The admission tax and surcharge for the 
203.24  privilege of admission to activities at the basketball and 
203.25  hockey arena shall be charged and added to the sales price of 
203.26  the ticket, and imposed and collected in the same manner 
203.27  provided for the metrodome pursuant to subdivision 1.  The tax 
203.28  and surcharge provided for in this subdivision shall be 
203.29  effective from and after the date of the commission's 
203.30  acquisition of the basketball and hockey arena. 
203.31     Subd. 2.  [RENTALS; FEES; CHARGES.] Rentals, fees, and 
203.32  charges provided for in use agreements at the metrodome and 
203.33  basketball and hockey arena entered into by the commission shall 
203.34  be those estimated by the successor to the commission to be 
203.35  necessary and feasible to produce so far as possible, 
203.36  with commission revenues from other sources, the amounts needed 
204.1   for current operation, maintenance, and debt service.  
204.2   The successor to the commission shall with respect to the met 
204.3   center, the metrodome, and the basketball and hockey arena meet 
204.4   and confer with any public body, authority, or agency owning or 
204.5   operating an entertainment or sports complex, or indoor sports 
204.6   arena, in the metropolitan area, for the purpose of undertaking 
204.7   measures or agreements maximizing revenues and eliminating 
204.8   unnecessary operational expenditures. 
204.9      Subd. 3.  [BUDGET PREPARATION; REVIEW AND APPROVAL.] The 
204.10  successor to the commission shall prepare a proposed budget, 
204.11  with respect to the activities it succeeded to, by August 1 of 
204.12  each year.  The budget shall include operating revenues and 
204.13  expenditures for operation, administration, and maintenance.  In 
204.14  addition, the budget must show for each year: 
204.15     (a) The estimated operating revenues from all sources 
204.16  including funds on hand at the beginning of the year, and 
204.17  estimated expenditures for costs of operation, administration, 
204.18  maintenance, and debt service; 
204.19     (b) Capital improvement funds estimated to be on hand at 
204.20  the beginning of the year and estimated to be received during 
204.21  the year from all sources and estimated cost of capital 
204.22  improvements to be paid out or expended during the year; all in 
204.23  such detail and form as the council may prescribe; and 
204.24     (c) The estimated source and use of pass-through funds. 
204.25     As early as practicable before August 15 of each year, the 
204.26  successor to the commission shall hold a public hearing on a 
204.27  draft of the proposed budget.  Along with the draft, 
204.28  the commission successor shall publish a report on user 
204.29  charges.  The report must include an estimate and analysis of 
204.30  the changes in user charges, rates, and fees that will be 
204.31  required by the commission's successor's budget.  Not less than 
204.32  14 days before the hearing, the commission successor shall 
204.33  publish notice of the hearing in a newspaper having general 
204.34  circulation in the metropolitan area, stating the date, time, 
204.35  and place of hearing, and the place where the proposed budget 
204.36  and report on user charges may be examined by any interested 
205.1   person.  Following the hearing, the commission successor shall 
205.2   publish a report of the hearing that summarizes the comments 
205.3   received and the commission's successor's response.  The council 
205.4   shall approve or disapprove the entire budget by October 1 of 
205.5   each year.  Before December 15 of each year, the commission 
205.6   successor shall by resolution adopt a final budget.  The 
205.7   commission shall file its final budget with the council on or 
205.8   before December 20 of each year.  The council successor shall 
205.9   file the budgets with the secretary of the senate and the clerk 
205.10  of the house of representatives not later than January 1 of each 
205.11  year. 
205.12     Except in an emergency, for which procedures must be 
205.13  established by the commission successor, the commission 
205.14  successor and its officers, agents, and employees may not spend 
205.15  money for any purpose, other than debt service, without an 
205.16  appropriation by the commission successor, and no obligation to 
205.17  make such an expenditure shall be enforceable except as the 
205.18  obligation of the person or persons incurring it.  The creation 
205.19  of any debt obligation or the receipt of any federal or state 
205.20  grant is a sufficient appropriation of the proceeds for the 
205.21  purpose for which it is authorized, and of the tax or other 
205.22  revenues pledged to pay the obligation and interest on it 
205.23  whether or not specifically included in any annual 
205.24  budget.  After obtaining approval of the council, The commission 
205.25  successor may amend the budget at any time by transferring any 
205.26  appropriation from one purpose to another, except appropriations 
205.27  of the proceeds of bonds issued for a specific purpose. 
205.28     Subd. 4.  [PAYMENT OF COUNCIL COSTS.] The commission shall 
205.29  comply with the provisions of section 473.164. 
205.30     Subd. 5.  [AUDIT.] The legislative auditor shall make an 
205.31  independent audit of the successor to the commission's books and 
205.32  accounts once each year or as often as the legislative auditor's 
205.33  funds and personnel permit.  The costs of the audits shall be 
205.34  paid by the successor to the commission pursuant to section 
205.35  3.9741.  The council may examine the commission's books and 
205.36  accounts at any time. 
206.1      Subd. 6.  [GENERAL.] The successor to the commission shall 
206.2   receive and account for all tax and other revenue of the 
206.3   commission and from the revenue shall provide, contract, and pay 
206.4   for proper operation, administration, and maintenance of all of 
206.5   its property and facilities and shall maintain, as authorized by 
206.6   resolutions of the council necessary, reserves for major 
206.7   repairs, replacements, and improvements and for working 
206.8   capital.  The successor to the commission shall remit to 
206.9   the council metropolitan county auditors for deposit in its 
206.10  their metrodome debt service funds, at the times required 
206.11  by resolution of the council the metropolitan county auditors, 
206.12  the net revenue attributable to the metrodome in excess of these 
206.13  requirements and for deposit in its basketball and hockey arena 
206.14  debt service fund or funds, at the times required by resolution 
206.15  of the council, the net revenue attributable to the basketball 
206.16  and hockey arena in excess of these requirements. 
206.17     Subd. 7.  [SALE OF SEATS.] The successor to the commission 
206.18  may sell seats in any multipurpose sports facility constructed 
206.19  after June 30, 1979 at prices and subject to conditions 
206.20  consistent with this section.  Ownership of a seat shall give 
206.21  the owner first preference for purchase of a season ticket of 
206.22  admission for professional sports exhibitions with a right to be 
206.23  seated in the owned seat.  An owner may sell or otherwise 
206.24  transfer the rights on whatever terms the owner chooses.  Rights 
206.25  to a seat may not be divided.  No fee may be charged for a 
206.26  transfer of ownership of a seat.  The successor to the 
206.27  commission may charge a maintenance fee not exceeding $10 per 
206.28  year for each seat.  
206.29     Sec. 24.  [BONDS AND CERTIFICATES.] 
206.30     Debt obligations authorized and issued under Minnesota 
206.31  Statutes, section 473.581, before the effective date of this 
206.32  article must be paid for and retired according to that section 
206.33  and the terms of those obligations and their bond indentures and 
206.34  trust agreements.  The metropolitan county auditors shall 
206.35  administer this section. 
206.36     Sec. 25.  [SUCCESSOR.] 
207.1      (a) Except as provided in paragraph (b), after negotiating 
207.2   with the commissioner of finance any appropriate additional 
207.3   terms and conditions not inconsistent with this article, the 
207.4   city of Minneapolis succeeds to all rights, title, and interests 
207.5   of the metropolitan sports facilities commission subject to this 
207.6   article and the additional terms and conditions negotiated 
207.7   pursuant to this article.  
207.8      (b) While the negotiations are pending, and thereafter if 
207.9   the city of Minneapolis does not accede to the succession as 
207.10  provided in this article before July 1, 1998, the Minnesota 
207.11  amateur sports commission is the successor to the metropolitan 
207.12  sports facilities commission under this article and Minnesota 
207.13  Statutes 1994, section 15.039. 
207.14     Sec. 26.  [REPEALER.] 
207.15     Minnesota Statutes 1996, sections 473.552; 473.553; 
207.16  473.556, subdivisions 1, 2, 3, 7, 8, 9, 10, 13, and 16; 473.564, 
207.17  subdivision 3; 473.565; 473.572, subdivision 1; 473.581; 
207.18  473.595, subdivisions 1a and 4; 473.598; and 473.599, are 
207.19  repealed. 
207.20     Sec. 27.  [EFFECTIVE DATE.] 
207.21     Sections 1 to 20 and 22 are effective July 1, 1998. 
207.22                             ARTICLE 6 
207.23       METROPOLITAN AIRPORTS COMMISSION CONFORMING AMENDMENTS
207.24     Section 1.  Minnesota Statutes 1996, section 473.192, 
207.25  subdivision 2, is amended to read: 
207.26     Subd. 2.  [DEFINITIONS.] For purposes of this section, 
207.27  "metropolitan area" has the meaning given it in section 473.121, 
207.28  subdivision 2.  "Aviation policy plan" means the plan adopted by 
207.29  the metropolitan office of strategic and long-range planning 
207.30  council pursuant to section 473.145.  "Municipality" has the 
207.31  meaning provided by section 462.352, subdivision 2. 
207.32     Sec. 2.  Minnesota Statutes 1996, section 473.192, 
207.33  subdivision 3, is amended to read: 
207.34     Subd. 3.  [ORDINANCE.] A municipality in the metropolitan 
207.35  area that, in part or in whole, is within the aircraft noise 
207.36  zones designated in the aviation policy plan may adopt and 
208.1   enforce ordinances and controls to regulate building 
208.2   construction methods and materials for the purpose of 
208.3   attenuating aircraft noise in habitable buildings in and around 
208.4   the noise zone.  The ordinance or control shall not apply to 
208.5   remodeling or rehabilitating an existing residential building 
208.6   nor to the construction of an appurtenance to an existing 
208.7   residential building.  An ordinance adopted by a municipality 
208.8   must be adequate to implement the metropolitan council's office 
208.9   of strategic and long-range planning's guidelines for land use 
208.10  compatibility with aircraft noise.  Section 16B.62 does not 
208.11  apply to ordinances adopted under this section. 
208.12     Sec. 3.  Minnesota Statutes 1996, section 473.601, is 
208.13  amended by adding a subdivision to read: 
208.14     Subd. 7.  [OFFICE OF STRATEGIC AND LONG-RANGE 
208.15  PLANNING.] "Office of strategic and long-range planning" or 
208.16  "office" means the agency established under section 4A.01. 
208.17     Sec. 4.  Minnesota Statutes 1996, section 473.602, is 
208.18  amended to read: 
208.19     473.602 [DECLARATION OF PURPOSES.] 
208.20     It is the purpose of sections 473.601 to 473.679 to: 
208.21     (1) promote the public welfare and national security; serve 
208.22  public interest, convenience, and necessity; promote air 
208.23  navigation and transportation, international, national, state, 
208.24  and local, in and through this state; promote the efficient, 
208.25  safe, and economical handling of air commerce; assure the 
208.26  inclusion of this state in national and international programs 
208.27  of air transportation; and to those ends to develop the full 
208.28  potentialities of the metropolitan area in this state as an 
208.29  aviation center, and to correlate that area with all aviation 
208.30  facilities in the entire state so as to provide for the most 
208.31  economical and effective use of aeronautic facilities and 
208.32  services in that area; 
208.33     (2) assure the residents of the metropolitan area of the 
208.34  minimum environmental impact from air navigation and 
208.35  transportation, and to that end provide for noise abatement, 
208.36  control of airport area land use, and other protective measures; 
209.1   and 
209.2      (3) promote the overall goals of the state's environmental 
209.3   policies and minimize the public's exposure to noise and safety 
209.4   hazards around airports. 
209.5      To achieve these purposes, the corporation shall cooperate 
209.6   with and assist the metropolitan council office of strategic and 
209.7   long-range planning, the federal government, the commissioner of 
209.8   transportation of this state, the pollution control agency, and 
209.9   others engaged in aeronautics or the promotion and regulation of 
209.10  aeronautics and shall seek to coordinate its activities with the 
209.11  aeronautical activities of these bodies. 
209.12     Sec. 5.  Minnesota Statutes 1996, section 473.604, 
209.13  subdivision 1, is amended to read: 
209.14     Subdivision 1.  [COMPOSITION.] The commission consists of: 
209.15     (1) the mayor of each of the cities, or a qualified voter 
209.16  appointed by the mayor, for the term of office as mayor; 
209.17     (2) eight members, appointed by the governor from each of 
209.18  the following agency commission districts: 
209.19     (i) district A, consisting of council districts 1 and 2; 
209.20     (ii) district B, consisting of council districts 3 and 4; 
209.21     (iii) district C, consisting of council districts 5 and 6; 
209.22     (iv) district D, consisting of council districts 7 and 8; 
209.23     (v) district E, consisting of council districts 9 and 10; 
209.24     (vi) district F, consisting of council districts 11 and 12; 
209.25     (vii) district G, consisting of council districts 13 and 
209.26  14; and 
209.27     (viii) district H, consisting of council districts 15 and 
209.28  16 provided for in section 473.123, subdivision 3c. 
209.29  Each member shall be a resident of the district represented.  
209.30  Before making an appointment, the governor shall consult with 
209.31  each member of the legislature from the district for which the 
209.32  member is to be appointed, to solicit the legislator's 
209.33  recommendation on the appointment; 
209.34     (3) four members appointed by the governor from outside of 
209.35  the metropolitan area to reflect fairly the various regions and 
209.36  interests throughout the state that are affected by the 
210.1   operation of the commission's major airport and airport system.  
210.2   Two of these members must be residents of statutory or home rule 
210.3   charter cities, towns, or counties containing an airport 
210.4   designated by the commissioner of transportation as a key 
210.5   airport.  The other two must be residents of statutory or home 
210.6   rule charter cities, towns, or counties containing an airport 
210.7   designated by the commissioner of transportation as an 
210.8   intermediate airport.  The members must be appointed by the 
210.9   governor as follows:  one for a term of one year, one for a term 
210.10  of two years, one for a term of three years, and one for a term 
210.11  of four years.  All of the terms start on July 1, 1989.  The 
210.12  successors of each member must be appointed to four-year terms 
210.13  commencing on the first Monday in January of each fourth year 
210.14  after the expiration of the original term.  Before making an 
210.15  appointment, the governor shall consult each member of the 
210.16  legislature representing the municipality or county from which 
210.17  the member is to be appointed, to solicit the legislator's 
210.18  recommendation on the appointment; and 
210.19     (4) a chair appointed by the governor for a term of four 
210.20  years.  The chair may be removed at the pleasure of the governor.
210.21     Sec. 6.  Minnesota Statutes 1996, section 473.608, 
210.22  subdivision 19, is amended to read: 
210.23     Subd. 19.  The corporation shall construct an acoustical 
210.24  barrier in or along the perimeter of maintenance areas of the 
210.25  Minneapolis-St. Paul International Airport.  It also shall 
210.26  construct acoustical barriers along the perimeter of runways of 
210.27  such airport where it is reasonably necessary, practical and 
210.28  safe to do so according to the standards of the Federal Aviation 
210.29  Administration.  All barriers shall conform to specifications 
210.30  approved by the pollution control agency.  For purposes of this 
210.31  subdivision, an acoustical barrier is a wall, fence, natural 
210.32  barrier such as an earthen barrier or trees designed to abate 
210.33  noise.  The corporation shall also confer and cooperate with any 
210.34  entity which it creates for the purpose of studying and 
210.35  implementing sound abatement programs and with representatives 
210.36  of persons residing in the vicinity of any airport who desire to 
211.1   explore means for relieving the area of the detrimental effects 
211.2   of aircraft noise. 
211.3      Notwithstanding the provisions of any other law none of the 
211.4   construction authorized by this subdivision shall be subject to 
211.5   review or approval by the metropolitan council office of 
211.6   strategic and long-range planning. 
211.7      Sec. 7.  Minnesota Statutes 1996, section 473.611, 
211.8   subdivision 5, is amended to read: 
211.9      Subd. 5.  Any long-term comprehensive plans adopted by the 
211.10  commission for the betterment and enlargement of existing 
211.11  airports, for the acquisition and construction of new airports, 
211.12  and for the categories of use of airports owned or controlled by 
211.13  the commission shall be consistent with the development guide of 
211.14  the metropolitan council office of strategic and long-range 
211.15  planning for the metropolitan area. 
211.16     Sec. 8.  Minnesota Statutes 1996, section 473.621, 
211.17  subdivision 6, is amended to read: 
211.18     Subd. 6.  [CAPITAL PROJECTS; REVIEW.] All Minneapolis-St. 
211.19  Paul International Airport capital projects of the commission 
211.20  requiring the expenditure of more than $5,000,000 shall be 
211.21  submitted to the metropolitan council office of strategic and 
211.22  long-range planning for review.  All other capital projects of 
211.23  the commission requiring the expenditure of more than $2,000,000 
211.24  shall be submitted to the metropolitan council office of 
211.25  strategic and long-range planning for review.  No such project 
211.26  which has a significant effect on the orderly and economic 
211.27  development of the metropolitan area may be commenced without 
211.28  the approval of the metropolitan council office of strategic and 
211.29  long-range planning. 
211.30     Sec. 9.  Minnesota Statutes 1996, section 473.638, is 
211.31  amended to read: 
211.32     473.638 [CONTROL MEASURE INVOLVING TAKING; CONDEMNATION BY 
211.33  METROPOLITAN AIRPORTS COMMISSION.] 
211.34     Subdivision 1.  [EMINENT DOMAIN.] If either the provisions 
211.35  or the application of section 473.636, subdivision 2, or any 
211.36  land use and development control measure applicable to public or 
212.1   private property in an airport development area is determined by 
212.2   a court of competent jurisdiction to constitute a taking, the 
212.3   metropolitan airports commission in the exercise of its power to 
212.4   acquire lands for the airport has the power to acquire the 
212.5   property or any similar property, or an interest in it, to the 
212.6   extent needed for the application of the measure, by eminent 
212.7   domain exercised in accordance with chapter 117.  The right of 
212.8   eminent domain must be exercised if the commission has or will 
212.9   have funds to pay the condemnation award and the council office 
212.10  determines that it is necessary to protect the airport from 
212.11  encroachment or hazards, to protect residents in the area, to 
212.12  encourage the most appropriate use of property in the airport 
212.13  development area, or to protect and conserve the natural 
212.14  resources of the metropolitan area.  
212.15     Subd. 2.  [RETENTION OR SALE OF PROPERTY.] The commission 
212.16  may retain any property now owned by it or acquired under 
212.17  subdivision 1 and use it for a lawful purpose, or it may provide 
212.18  for the sale or other disposition of the property in accordance 
212.19  with a redevelopment plan in the same manner and upon the same 
212.20  terms as the housing and redevelopment authority and governing 
212.21  body of a municipality under the provisions of section 469.029, 
212.22  all subject to the provisions of section 473.636, subdivision 2, 
212.23  or to existing land use and development control measures 
212.24  approved by the council office.  
212.25     Subd. 3.  [SHARING OF COSTS.] The metropolitan airports 
212.26  commission and any other government unit in the metropolitan 
212.27  area may enter into an agreement under which the cost of 
212.28  acquiring a property and the proceeds from the sale or other 
212.29  disposition of it under subdivision 2 are to be shared by the 
212.30  commission and such government unit.  The commission, the 
212.31  metropolitan council office, or any government unit may also 
212.32  enter into any agreements with the United States or the state of 
212.33  Minnesota, or any agency or subdivision of either, and do all 
212.34  acts and things required by state or federal law or rules as a 
212.35  condition or consideration for the loan or grant of funds or 
212.36  property for the purpose of land acquisition or improvement 
213.1   under subdivisions 1 and 2.  
213.2      Sec. 10.  Minnesota Statutes 1996, section 473.64, is 
213.3   amended to read: 
213.4      473.64 [GOVERNMENT UNITS IN AIRPORT DEVELOPMENT AREA; TAX 
213.5   SHARING.] 
213.6      The governing bodies of government units located wholly or 
213.7   partly in an airport development area shall jointly study and 
213.8   decide upon a plan for the sharing of property tax revenues 
213.9   derived from property located in an airport development area.  
213.10  If 80 percent of the government units having territory within 
213.11  the airport development area agree upon a plan, the plan is 
213.12  effective, and all government units shall enter into whatever 
213.13  agreements may be necessary for this purpose.  The plan, 
213.14  however, may not impair the existing contract obligations of any 
213.15  government unit.  This section does not apply to the 
213.16  metropolitan airports commission or the council.  
213.17     Sec. 11.  Minnesota Statutes 1996, section 473.655, is 
213.18  amended to read: 
213.19     473.655 [PUBLIC AND GOVERNMENTAL PURPOSES.] 
213.20     It is hereby determined and declared that the purposes of 
213.21  sections 473.601 to 473.679 are public and governmental; that 
213.22  the development of the metropolitan airports system by the 
213.23  corporation be consistent with the airport chapter of the 
213.24  metropolitan council's development guide and promote the public 
213.25  safety and welfare of the state; and that the development, 
213.26  extension, maintenance, and operation of the system in such a 
213.27  manner as to assure the residents of the metropolitan area of 
213.28  the minimum environmental impact from air navigation and 
213.29  transportation, with provision for noise abatement, control of 
213.30  airport area land use, and other protective measures, is 
213.31  essential to the development of air navigation and 
213.32  transportation in and through this state, and is necessary in 
213.33  order to assure the inclusion of this state in national and 
213.34  international systems of air transportation, benefits the people 
213.35  of the state as a whole, renders a general public service, and 
213.36  provides employment, and is of great public economic benefit.  
214.1      Sec. 12.  Minnesota Statutes 1996, section 473.667, 
214.2   subdivision 8, is amended to read: 
214.3      Subd. 8.  [REFUNDING DEFICIENCIES.] If in any year the 
214.4   revenues available for transfer to the debt service fund are or 
214.5   will in the judgment of the commission be insufficient to 
214.6   produce the balance required thereon on October 10 under the 
214.7   provisions of subdivision 4, or to make any interest or 
214.8   principal payment due on certificates of indebtedness issued 
214.9   under the provisions of subdivision 10, the commission may, with 
214.10  the approval of the council office, issue refunding bonds and 
214.11  appropriate the proceeds to the debt service fund in the amount 
214.12  needed to restore the deficiency, provided that the refunding 
214.13  bonds shall not mature earlier than the date or dates when the 
214.14  commission estimates that the revenues from enforced or 
214.15  increased rates, fees, charges, and rentals will be sufficient 
214.16  to pay them and to meet all other requirements of the debt 
214.17  service fund as stated in subdivision 4. 
214.18     Sec. 13.  [REPEALER.] 
214.19     Minnesota Statutes 1996, sections 473.616; 473.618; and 
214.20  473.619, are repealed. 
214.21     Sec. 14.  [EFFECTIVE DATE.] 
214.22     This article is effective July 1, 1998. 
214.23                             ARTICLE 7 
214.24                   METROPOLITAN LAND USE PLANNING 
214.25     Section 1.  Minnesota Statutes 1996, section 473.852, 
214.26  subdivision 2, is amended to read: 
214.27     Subd. 2.  [ADVISORY METROPOLITAN LAND USE COMMITTEE OR 
214.28  ADVISORY COMMITTEE.] "Advisory metropolitan land use committee" 
214.29  or "advisory committee" means an advisory committee established 
214.30  by the metropolitan council pursuant to section 473.853. 
214.31     Sec. 2.  Minnesota Statutes 1996, section 473.852, 
214.32  subdivision 10, is amended to read: 
214.33     Subd. 10.  [PRIVATE SEWER FACILITY.] "Private sewer 
214.34  facility" means a single lot, multiple lot or other sewage 
214.35  collection or treatment facility owned, constructed or operated 
214.36  by any person other than a local governmental unit or the 
215.1   council metropolitan waste control commission. 
215.2      Sec. 3.  Minnesota Statutes 1996, section 473.853, is 
215.3   amended to read: 
215.4      473.853 [ADVISORY COMMITTEE.] 
215.5      The metropolitan council shall establish an is the advisory 
215.6   metropolitan land use committee pursuant to section 473.127, 
215.7   comprised of 16 members, one from each former council district, 
215.8   and as many additional members as are necessary to provide 
215.9   representation from each metropolitan county, plus a chair.  At 
215.10  least one-half of The members of the advisory committee shall be 
215.11  elected officials of local governmental units.  The metropolitan 
215.12  council may, if requested, give advice and make recommendations, 
215.13  reviews, and comments on land use planning and related matters 
215.14  of metropolitan significance.  The members shall be appointed by 
215.15  the governor for the same period as the term of the council 
215.16  member for the district in which the member resides four-year 
215.17  terms coincident with the term of the governor and shall serve 
215.18  without compensation, but shall be reimbursed for reasonable 
215.19  expenses as authorized by the director of the office. 
215.20     Sec. 4.  [REPEALER.] 
215.21     Minnesota Statutes 1996, sections 473.145; 473.146; 
215.22  473.147; 473.149, subdivision 3; 473.173; 473.175; 473.181; 
215.23  473.206; 473.208; 473.851; 473.854; 473.856; 473.857; 473.858; 
215.24  473.859; 473.863; 473.864; 473.865; 473.866; 473.867; 473.868; 
215.25  and 473.869, are repealed. 
215.26     Sec. 5.  [EFFECTIVE DATE.] 
215.27     This article is effective July 1, 1998. 
215.28                             ARTICLE 8 
215.29                              HOUSING 
215.30     Section 1.  Minnesota Statutes 1996, section 473.197, is 
215.31  amended to read: 
215.32     473.197 [HOUSING BOND CREDIT ENHANCEMENT PROGRAM.] 
215.33     Subdivision 1.  [AUTHORIZATION.] The metropolitan 
215.34  council Minnesota housing finance agency may establish a operate 
215.35  the housing bond credit enhancement program, established by the 
215.36  former metropolitan council, as provided in this section.  
216.1   The council agency may pledge its full faith and credit and 
216.2   taxing powers to the payment of bonds issued under section 
216.3   469.034 for qualified housing development projects in the 
216.4   metropolitan area, as provided in this section.  A "qualified 
216.5   housing development project" has the meaning given that term in 
216.6   section 469.034, subdivision 2, paragraph (e), except that 
216.7   the council agency is substituted for "general jurisdiction 
216.8   governmental unit" in clause (3) and "60 percent of the median 
216.9   family income" is substituted for "80 percent of the median 
216.10  family income."  
216.11     Subd. 2.  [PROJECT SELECTION.] Before pledging its full 
216.12  faith and credit, the council agency must establish criteria for 
216.13  selecting appropriate qualified housing development projects for 
216.14  the credit enhancement program.  The council agency may award 
216.15  preferences for qualified housing development projects that meet 
216.16  criteria for preferences established by the council agency.  The 
216.17  council agency must establish the criteria in consultation with 
216.18  housing providers in the metropolitan area.  In developing 
216.19  priorities for projects for the credit enhancement program, 
216.20  the council agency shall give priority to projects that develop 
216.21  or redevelop housing for low-income households.  The council 
216.22  agency shall consider the extent to which projects for the 
216.23  credit enhancement program are developed in collaboration with 
216.24  Minnesota Youth-Build under sections 268.361 to 268.367; or 
216.25  training for housing programs for homeless adults under Laws 
216.26  1992, chapter 376, article 6; or other employment training 
216.27  programs. 
216.28     Subd. 3.  [LIMITATION.] The aggregate principal amount of 
216.29  bonds that may be secured by a pledge of the council's agency's 
216.30  full faith and credit under this section may not exceed 
216.31  $20,000,000.  The bonds must be payable from revenues derived 
216.32  from the project or projects financed under the credit 
216.33  enhancement program, or from income of the authority or 
216.34  authorities that participate in the program, including earnings 
216.35  on any reserves established for the program.  The council agency 
216.36  must find that the pledged revenues will equal or exceed 110 
217.1   percent of the principal and interest due on the bonds. 
217.2      Subd. 4.  [DEBT RESERVE; LEVY.] To provide money to pay 
217.3   debt service on bonds issued under the credit enhancement 
217.4   program if pledged revenues are insufficient to pay debt 
217.5   service, the council agency must maintain a debt reserve fund in 
217.6   the manner and with the effect provided by section 118A.04 for 
217.7   public funds.  To provide funds for the debt reserve fund, the 
217.8   council agency may use up to $3,000,000 of the proceeds of solid 
217.9   waste bonds issued by the former metropolitan council under 
217.10  section 473.831 before its repeal.  To provide additional funds 
217.11  for the debt reserve fund, the council agency may levy a tax on 
217.12  all taxable property in the metropolitan area and must levy the 
217.13  tax if sums in the debt reserve fund are insufficient to cure 
217.14  any deficiency in the debt service fund established for the 
217.15  bonds.  The tax authorized by this section does not affect the 
217.16  amount or rate of taxes that may be levied by the council for 
217.17  other purposes and is not subject to limit as to rate or amount. 
217.18     Subd. 5.  [AGREEMENTS.] The council agency and each 
217.19  authority that participates in the credit enhancement program 
217.20  may enter into agreements they determine to be necessary to 
217.21  implement the credit enhancement program.  The agreements may 
217.22  extend over any period, notwithstanding any law to the contrary. 
217.23     Subd. 6.  [AGENCY LEVY.] To secure and pay bonds as 
217.24  provided under this section, the agency may levy a tax on all 
217.25  taxable property in the metropolitan area. 
217.26     Sec. 2.  [TRANSFER.] 
217.27     The provisions of Minnesota Statutes, section 15.039 shall 
217.28  apply to the extent practicable to the transfer from the 
217.29  metropolitan council to the Minnesota housing finance agency of 
217.30  the housing bond credit enhancement program established under 
217.31  Minnesota Statutes, section 473.197. 
217.32     Sec. 3.  [REPEALER.] 
217.33     Minnesota Statutes 1996, sections 473.194; 473.195; 
217.34  473.199; and 473.201, are repealed. 
217.35     Sec. 4.  [EFFECTIVE DATE.] 
217.36     This article is effective July 1, 1998. 
218.1                              ARTICLE 9
218.2                       LIVABLE COMMUNITIES ACT
218.3      Section 1.  Minnesota Statutes 1996, section 473.25, is 
218.4   amended to read: 
218.5      473.25 [LIVABLE COMMUNITIES CRITERIA AND GUIDELINES.] 
218.6      (a) The council housing finance agency shall establish 
218.7   criteria for uses of the fund provided in section 473.251 that 
218.8   are consistent with and promote the purposes of this article and 
218.9   the policies of the metropolitan development guide adopted by 
218.10  the council including, but not limited to: 
218.11     (1) helping to change long-term market incentives that 
218.12  adversely impact creation and preservation of living-wage jobs 
218.13  in the fully developed area; 
218.14     (2) creating incentives for developing communities to 
218.15  include a full range of housing opportunities; 
218.16     (3) creating incentives to preserve and rehabilitate 
218.17  affordable housing in the fully developed area; and 
218.18     (4) creating incentives for all communities to implement 
218.19  compact and efficient development.  
218.20     (b) The council housing finance agency shall establish 
218.21  guidelines for the livable community demonstration account for 
218.22  projects that the council housing finance agency would consider 
218.23  funding with either grants or loans.  The guidelines must 
218.24  provide that the projects will: 
218.25     (1) interrelate development or redevelopment and transit; 
218.26     (2) interrelate affordable housing and employment growth 
218.27  areas; 
218.28     (3) intensify land use that leads to more compact 
218.29  development or redevelopment; 
218.30     (4) involve development or redevelopment that mixes incomes 
218.31  of residents in housing, including introducing or reintroducing 
218.32  higher value housing in lower income areas to achieve a mix of 
218.33  housing opportunities; or 
218.34     (5) encourage public infrastructure investments which 
218.35  connect urban neighborhoods and suburban communities, attract 
218.36  private sector redevelopment investment in commercial and 
219.1   residential properties adjacent to the public improvement, and 
219.2   provide project area residents with expanded opportunities for 
219.3   private sector employment. 
219.4      (c) The council housing finance agency shall establish 
219.5   guidelines governing who may apply for a grant or loan from the 
219.6   fund, providing priority for proposals using innovative 
219.7   partnerships between government, private for-profit, and 
219.8   nonprofit sectors. 
219.9      (d) The council housing finance agency shall prepare an 
219.10  annual plan for distribution of the fund based on the criteria 
219.11  for project and applicant selection.  
219.12     (e) The council housing finance agency shall prepare and 
219.13  submit to the legislature, as provided in section 3.195, an 
219.14  annual report on the metropolitan livable communities fund.  The 
219.15  report must include information on the amount of money in the 
219.16  fund, the amount distributed, to whom the funds were distributed 
219.17  and for what purposes, and an evaluation of the effectiveness of 
219.18  the projects funded in meeting the policies and goals of the 
219.19  council.  The report may make recommendations to the legislature 
219.20  on changes to Laws 1995, chapter 255. 
219.21     Sec. 2.  Minnesota Statutes 1996, section 473.252, is 
219.22  amended to read: 
219.23     473.252 [TAX BASE REVITALIZATION ACCOUNT.] 
219.24     Subdivision 1.  [DEFINITION DEFINITIONS.] For the purpose 
219.25  of this section, "municipality" means a statutory or home rule 
219.26  charter city or town participating in the local housing 
219.27  incentives program under section 473.254, or a county in the 
219.28  metropolitan area and "commissioner" means the commissioner of 
219.29  trade and economic development.  
219.30     Subd. 1a.  [DEVELOPMENT AUTHORITY.] For the purpose of this 
219.31  section, "development authority" means a statutory or home rule 
219.32  charter city, housing and redevelopment authority, economic 
219.33  development authority, and a port authority. 
219.34     Subd. 2.  [SOURCES OF FUNDS.] The council housing finance 
219.35  agency shall credit to the tax base revitalization account 
219.36  within the fund the amount, if any, provided for under 
220.1   subdivision 4, and the amount, if any, distributed to the 
220.2   council under section 473F.08, subdivision 3b.  The account 
220.3   shall be administered by the commissioner under this section and 
220.4   sections 116J.551 to 116J.557. 
220.5      Subd. 3.  [DISTRIBUTION OF FUNDS.] (a) The council 
220.6   commissioner must use the funds in the account to make grants to 
220.7   municipalities or development authorities for the cleanup of 
220.8   polluted land in the metropolitan area.  A grant to a 
220.9   metropolitan county or a development authority must be used for 
220.10  a project in a participating municipality.  The council 
220.11  commissioner shall prescribe and provide the grant application 
220.12  form to municipalities.  The council commissioner must consider 
220.13  the probability of funding from other sources when making grants 
220.14  under this section. 
220.15     (b)(1) The legislature expects that applications for grants 
220.16  will exceed the available funds and the council commissioner 
220.17  will be able to provide grants to only some of the applicant 
220.18  municipalities.  If applications for grants for qualified sites 
220.19  exceed the available funds, the council commissioner shall make 
220.20  grants that provide the highest return in public benefits for 
220.21  the public costs incurred, that encourage commercial and 
220.22  industrial development that will lead to the preservation or 
220.23  growth of living-wage jobs and that enhance the tax base of the 
220.24  recipient municipality. 
220.25     (2) In making grants, the council commissioner shall 
220.26  establish regular application deadlines in which grants will be 
220.27  awarded from the available money in the account.  If the council 
220.28  commissioner provides for application cycles of less than 
220.29  six-month intervals, the council commissioner must reserve at 
220.30  least 40 percent of the receipts of the account for a year for 
220.31  application deadlines that occur in the second half of the 
220.32  year.  If the applications for grants exceed the available funds 
220.33  for an application cycle, no more than one-half of the funds may 
220.34  be granted to projects in a statutory or home rule charter city 
220.35  and no more than three-quarters of the funds may be granted to 
220.36  projects located in cities of the first class. 
221.1      (c) A municipality may use the grant to provide a portion 
221.2   of the local match requirement for project costs that qualify 
221.3   for a grant under sections 116J.551 to 116J.557. 
221.4      Subd. 4.  [TAX.] The council metropolitan county auditors 
221.5   may levy a tax on all taxable property in the metropolitan area, 
221.6   as defined in section 473.121, to provide funds for the tax base 
221.7   revitalization account in the metropolitan livable communities 
221.8   fund.  This tax for the tax base revitalization account shall be 
221.9   certified by the council metropolitan county auditors, levied, 
221.10  and collected in the manner provided by section 473.13.  The tax 
221.11  shall be in addition to that authorized by section 473.249 and 
221.12  any other law and shall not affect the amount or rate of taxes 
221.13  which may be levied by the council or any metropolitan agency or 
221.14  local governmental unit. 
221.15     The amount of the levy shall be as determined and certified 
221.16  by the council metropolitan county auditors, provided that the 
221.17  tax levied by the metropolitan council county auditors for the 
221.18  tax base revitalization account shall not exceed the product of 
221.19  (1) the metropolitan council's levy for the tax base 
221.20  revitalization account under section 473.167, subdivision 3, for 
221.21  taxes payable in 1997 multiplied by (2) an index for market 
221.22  valuation changes equal to the total market valuation of all 
221.23  taxable property located within the metropolitan area for the 
221.24  current taxes payable year divided by the total market valuation 
221.25  of all taxable property located within the metropolitan area for 
221.26  taxes payable in 1997. 
221.27     For the purpose of determining the metropolitan council's 
221.28  property tax levy limitation for the tax base revitalization 
221.29  account, "total market valuation" means the total market 
221.30  valuation of all taxable property within the metropolitan area 
221.31  without valuation adjustments for fiscal disparities (chapter 
221.32  473F), tax increment financing (sections 469.174 to 469.179), 
221.33  and high voltage transmission lines (section 273.425). 
221.34     Subd. 5.  [STATE REVIEW.] The commissioner of revenue shall 
221.35  certify the council's levy limitation under this section to 
221.36  the council metropolitan county auditors by August 1 of the levy 
222.1   year.  The council metropolitan county auditors must certify its 
222.2   their proposed property tax levy to the commissioner of revenue 
222.3   by September 1 of the levy year.  The commissioner of revenue 
222.4   shall annually determine whether the certified property tax for 
222.5   the tax base revitalization account certified by the 
222.6   metropolitan council for levy following the adoption of its 
222.7   proposed budget is within the levy limitation imposed by this 
222.8   section.  The determination must be completed prior to September 
222.9   10 of each year.  If current information regarding market 
222.10  valuation in any county is not transmitted to the commissioner 
222.11  in a timely manner, the commissioner may estimate the current 
222.12  market valuation within that county for purposes of making the 
222.13  calculation. 
222.14     Sec. 3.  Minnesota Statutes 1996, section 473.253, is 
222.15  amended to read: 
222.16     473.253 [LIVABLE COMMUNITIES DEMONSTRATION ACCOUNT.] 
222.17     Subdivision 1.  [SOURCES OF FUNDS.] The council housing 
222.18  finance agency shall credit to the livable communities 
222.19  demonstration account the revenues provided in this 
222.20  subdivision.  This tax shall be levied and collected in the 
222.21  manner provided by section 473.13.  The levy shall not exceed 
222.22  the following amount for the years specified:  
222.23     (a)(1) for taxes payable in 1996, 50 percent of (i) the 
222.24  metropolitan mosquito control commission's property tax levy for 
222.25  taxes payable in 1995 multiplied by (ii) an index for market 
222.26  valuation changes equal to the total market valuation of all 
222.27  taxable property located within the metropolitan area for the 
222.28  current taxes payable year divided by the total market valuation 
222.29  of all taxable property located in the metropolitan area for the 
222.30  previous taxes payable year; and 
222.31     (2) for taxes payable in 1997 and subsequent years, the 
222.32  product of (i) (1) the property tax levy limit under this 
222.33  subdivision for the previous year multiplied by (ii) (2) an 
222.34  index for market valuation changes equal to the total market 
222.35  valuation of all taxable property located within the 
222.36  metropolitan area for the current taxes payable year divided by 
223.1   the total market valuation of all taxable property located in 
223.2   the metropolitan area for the previous taxes payable year. 
223.3      For the purposes of this subdivision, "total market 
223.4   valuation" means the total market valuation of all taxable 
223.5   property within the metropolitan area without valuation 
223.6   adjustments for fiscal disparities under chapter 473F, tax 
223.7   increment financing under sections 469.174 to 469.179, and high 
223.8   voltage transmission lines under section 273.425. 
223.9      (b) The metropolitan council area as defined in section 
223.10  473.121, subdivision 2, for the purposes of the fund, is 
223.11  considered a unique taxing jurisdiction for purposes of 
223.12  receiving aid pursuant to section 273.1398.  For aid to be 
223.13  received in 1996, the fund's homestead and agricultural credit 
223.14  base shall equal 50 percent of the metropolitan mosquito control 
223.15  commission's certified homestead and agricultural credit aid for 
223.16  1995, determined under section 273.1398, subdivision 2, less any 
223.17  permanent aid reduction under section 477A.0132.  For aid to be 
223.18  received under section 273.1398 in 1997 and subsequent years, 
223.19  the fund's homestead and agricultural credit base shall be 
223.20  determined in accordance with section 273.1398, subdivision 1. 
223.21     Subd. 2.  [DISTRIBUTION OF FUNDS.] The council housing 
223.22  finance agency shall use the funds in the livable communities 
223.23  demonstration account to make grants or loans to municipalities 
223.24  participating in the local housing incentives program under 
223.25  section 473.254 or to metropolitan area counties to fund the 
223.26  initiatives specified in section 473.25, paragraph (b), in 
223.27  participating municipalities. 
223.28     Sec. 4.  Minnesota Statutes 1996, section 473.254, is 
223.29  amended to read: 
223.30     473.254 [LOCAL HOUSING INCENTIVES ACCOUNT.] 
223.31     Subdivision 1.  [PARTICIPATION.] (a) By November 15 of each 
223.32  year, a municipality may elect to participate in the local 
223.33  housing incentive account program.  If a municipality does not 
223.34  elect to participate for the year, it is not subject to this 
223.35  section.  For purposes of this section, municipality means a 
223.36  municipality electing to participate in the local housing 
224.1   incentive account program, unless the context indicates 
224.2   otherwise. 
224.3      (b) A municipality that elects to participate may receive 
224.4   grants or loans from the tax base revitalization account, 
224.5   livable communities demonstration account, or the local housing 
224.6   incentive account.  A municipality that does not participate is 
224.7   not eligible to receive a grant under sections 116J.551 to 
224.8   116J.557.  The council housing finance agency, when making 
224.9   discretionary funding decisions, shall give consideration to a 
224.10  municipality's participation in the local housing incentives 
224.11  program.  
224.12     Subd. 2.  [AFFORDABLE, LIFE-CYCLE GOALS.] The council 
224.13  housing finance agency shall negotiate with each municipality to 
224.14  establish affordable and life-cycle housing goals for that 
224.15  municipality that are consistent with and promote the 
224.16  policies of the metropolitan council as provided in the adopted 
224.17  metropolitan development guide.  The council shall adopt, by 
224.18  resolution after a public hearing, the negotiated affordable and 
224.19  life-cycle housing goals for each municipality by January 15, 
224.20  1996.  By June 30, 1996, each municipality shall identify to the 
224.21  council the actions it plans to take to meet the established 
224.22  housing goals. 
224.23     Subd. 3.  [AFFORDABLE, LIFE-CYCLE OPPORTUNITIES AMOUNT.] 
224.24  (1) By July 1, 1996, each county assessor shall certify each 
224.25  municipality's average residential homestead limited market 
224.26  value for the 1994 assessment year, including the value of the 
224.27  farm house, garage, and one acre only in the case of farm 
224.28  homesteads, multiplied by a factor of two, as the municipality's 
224.29  "market value base amount."  For 1997 and thereafter, the 
224.30  "market value base amount" shall be equal to the product of (i) 
224.31  the market value base amount for the previous year multiplied by 
224.32  (ii) the annual average United States Consumer Price Index for 
224.33  all urban consumers, United States average, as determined by the 
224.34  United States Department of Labor, for the previous year divided 
224.35  by that annual average for the year before the previous year.  
224.36     (2) By July 1, 1996, and each succeeding year the county 
225.1   assessor shall determine which homesteads have market values in 
225.2   excess of the municipality's market value base amount and the 
225.3   county auditor shall certify the aggregate net tax capacity 
225.4   corresponding to the amount by which those homesteads' market 
225.5   values exceed the municipality's market value base amount as the 
225.6   "net tax capacity excess amount" for the assessment year 
225.7   corresponding to the current taxes payable year.  By July 1, 
225.8   1996, the county auditor shall also certify the net tax capacity 
225.9   excess amount for taxes payable in 1995. 
225.10     (3) By July 1, 1996, and each succeeding year, the county 
225.11  auditor shall also certify each municipality's local tax rate 
225.12  for the current taxes payable year. 
225.13     (4) By July 1, 1996, and each succeeding year, the county 
225.14  auditor shall certify for each municipality the amount equal to 
225.15  four percent of the municipality's current year total 
225.16  residential homestead tax capacity multiplied by the local tax 
225.17  rate. 
225.18     (5) By August 1, 1996, and each succeeding year, the 
225.19  metropolitan council housing finance agency shall notify each 
225.20  municipality of its "affordable and life-cycle housing 
225.21  opportunities amount" for the following calendar year equal to 
225.22  the lesser of the amount certified under clause (4) or the 
225.23  amount, if any, by which the net tax capacity excess amount for 
225.24  the current year exceeds the amount for taxes payable in 1995, 
225.25  multiplied by the municipality's local tax rate certified in 
225.26  clause (3). 
225.27     Subd. 4.  [AFFORDABLE AND LIFE-CYCLE HOUSING REQUIREMENT.] 
225.28  (a) A municipality that is determined by the council housing 
225.29  finance agency to have met its affordable and life-cycle housing 
225.30  goals in the previous calendar year may retain the amount 
225.31  calculated under subdivision 3 to maintain existing affordable 
225.32  and life-cycle housing. 
225.33     (b) In 1998, and thereafter, a municipality that is 
225.34  determined by the council housing finance agency not to have met 
225.35  the affordable and life-cycle housing goals in the previous 
225.36  calendar year, as negotiated and agreed to with the council 
226.1   housing finance agency, and not to have spent 85 percent of its 
226.2   affordable and life-cycle housing opportunities amount to create 
226.3   affordable and life-cycle housing opportunities in the previous 
226.4   calendar year must do one of the following with the affordable 
226.5   and life-cycle housing opportunities amount for the previous 
226.6   year as determined under subdivision 3: 
226.7      (1) distribute it to the local housing incentives account; 
226.8   or 
226.9      (2) distribute it to the housing and redevelopment 
226.10  authority of the city or county in which the municipality is 
226.11  located to create affordable and life-cycle housing 
226.12  opportunities in the municipality. 
226.13     A municipality may enter into agreements with adjacent 
226.14  municipalities to cooperatively provide affordable and 
226.15  life-cycle housing.  The housing may be provided in any of the 
226.16  cooperating municipalities, but must meet the combined housing 
226.17  goals of each participating municipality. 
226.18     Subd. 5.  [SOURCES OF FUNDS.] (a) The council housing 
226.19  finance agency shall credit to the local housing incentives 
226.20  account any revenues derived from municipalities under 
226.21  subdivision 4, paragraph (b), clause (1). 
226.22     (b) The council waste control commissioner shall credit 
226.23  $1,000,000 of the proceeds of solid waste bonds issued by 
226.24  the metropolitan council under Minnesota Statutes, section 
226.25  473.831, before its repeal, to the local housing incentives 
226.26  account in the metropolitan livable communities fund to be used 
226.27  by the housing finance agency for the purposes for which they 
226.28  were issued by the metropolitan council, after the agency 
226.29  consults with the office of environmental assistance.  In 1998 
226.30  and each year thereafter, the council shall housing finance 
226.31  agency may credit up to $1,000,000 of the its other revenues 
226.32  generated by the levy authorized in section 473.249 to the local 
226.33  housing incentives account. 
226.34     (c) In 1997, and each year thereafter, the council housing 
226.35  finance agency shall transfer $500,000 from the livable 
226.36  communities demonstration account to the local housing 
227.1   incentives account.  
227.2      Subd. 6.  [DISTRIBUTION OF FUNDS.] The funds in the account 
227.3   must be distributed annually by the council housing finance 
227.4   agency to municipalities that: 
227.5      (1) have not met their affordable and life-cycle housing 
227.6   goals as determined by the council housing finance agency; and 
227.7      (2) are actively funding projects designed to help meet the 
227.8   goals.  
227.9      The funds distributed by the council housing finance agency 
227.10  must be matched on a dollar-for-dollar basis by the municipality 
227.11  receiving the funds.  When distributing funds in the account, 
227.12  the council housing finance agency must give priority to those 
227.13  municipalities that (1) have contribution net tax capacities 
227.14  that exceed their distribution net tax capacities by more than 
227.15  $200 per household, (2) demonstrate the proposed project will 
227.16  link employment opportunities with affordable and life-cycle 
227.17  housing, and (3) provide matching funds from a source other than 
227.18  the required amount under subdivision 3.  For the purposes of 
227.19  this subdivision, "municipality" means a statutory or home rule 
227.20  charter city or town in the metropolitan area. 
227.21     Subd. 7.  [REPORT TO COUNCIL.] Beginning January 15, 1998, 
227.22  and annually thereafter, each municipality must report to 
227.23  the council housing finance agency the following: 
227.24     (1) the tax revenues defined in subdivision 3 that were 
227.25  levied in the prior year; 
227.26     (2) the portion of the revenues that were spent on meeting 
227.27  the municipality's affordable and life-cycle housing goals; and 
227.28     (3) information on how the expenditures directly support 
227.29  the municipality's efforts to meet its affordable and life-cycle 
227.30  housing goals. 
227.31     The council housing finance agency shall verify each 
227.32  municipality's compliance with this subdivision. 
227.33     Subd. 8.  [LATER ELECTION TO PARTICIPATE.] If a 
227.34  municipality did not participate for one or more years and 
227.35  elects later to participate, the municipality must establish 
227.36  that it has spent or agrees to spend on affordable and 
228.1   life-cycle housing, or agrees to distribute to the local housing 
228.2   incentives account, an amount equivalent to what it would have 
228.3   spent on affordable and life-cycle housing had goals been 
228.4   established under this section for the period in which it was 
228.5   not participating.  The council housing finance agency will 
228.6   determine which investments count toward the required cumulative 
228.7   investment amount by comparing the municipality to participating 
228.8   municipalities similar in terms of stage of development and 
228.9   demographics.  If it determines it to be in the best interests 
228.10  of the region, the council housing finance agency may waive a 
228.11  reasonable portion of the cumulative investment amount.  
228.12     Subd. 9.  [REPORT TO LEGISLATURE.] By February 1 of each 
228.13  year, the council housing finance agency must report to the 
228.14  legislature the municipalities that have elected to participate 
228.15  and not to participate under subdivision 1.  This report must be 
228.16  filed as provided in section 3.195. 
228.17     Subd. 10.  [METRO REPORT CARD.] The metropolitan 
228.18  council housing finance agency shall present to the legislature 
228.19  and release to the public by November 15, 1996, and each year 
228.20  thereafter a comprehensive report card on affordable and 
228.21  life-cycle housing in each municipality in the metropolitan 
228.22  area.  The report card must include information on government, 
228.23  nonprofit, and marketplace efforts. 
228.24     Sec. 5.  [EFFECTIVE DATE.] 
228.25     This article is effective July 1, 1998. 
228.26                             ARTICLE 10 
228.27               METROPOLITAN AREA PUBLIC SAFETY RADIO
228.28     Section 1.  Minnesota Statutes 1996, section 473.891, 
228.29  subdivision 2, is amended to read: 
228.30     Subd. 2.  [BOARD COMMISSIONER.] "Board" or "radio 
228.31  board" "Commissioner" means the metropolitan radio 
228.32  board commissioner of transportation. 
228.33     Sec. 2.  Minnesota Statutes 1996, section 473.891, 
228.34  subdivision 7, is amended to read: 
228.35     Subd. 7.  [PLAN.] "Plan" or "regionwide public safety radio 
228.36  system communication plan" means the plan adopted by the 
229.1   metropolitan radio board for a regionwide public safety radio 
229.2   communications system described in section 473.894, subdivision 
229.3   2.  
229.4      Sec. 3.  Minnesota Statutes 1996, section 473.894, 
229.5   subdivision 1, is amended to read: 
229.6      Subdivision 1.  [GENERAL.] The board commissioner has the 
229.7   powers necessary and convenient to discharge the duties imposed 
229.8   on it the commissioner by law, including those listed in this 
229.9   section.  
229.10     Sec. 4.  Minnesota Statutes 1996, section 473.894, 
229.11  subdivision 2, is amended to read: 
229.12     Subd. 2.  [PLANNING PLAN.] The board shall review and, 
229.13  within 90 days of the effective date of Laws 1995, chapter 195, 
229.14  adopt the regionwide public safety radio system communication 
229.15  plan prepared by the metropolitan radio systems planning 
229.16  committee pursuant to Laws 1993, chapter 313, section 3, 
229.17  subdivision 2 adopted by the commissioner, for using the 800 
229.18  megahertz and other frequencies available for public safety 
229.19  use.  The plan must include, at a minimum:  
229.20     (1) a system design recommended by the Minnesota 
229.21  commissioner of transportation for the first phase consisting of 
229.22  a shared regionwide infrastructure network; 
229.23     (2) a system design for subsequent phases; and 
229.24     (3) a plan for assignment of frequencies to the regional 
229.25  network and to each subsystem.  
229.26  No later than 30 days prior to adoption of the plan by the 
229.27  board, the board shall submit the plan to the metropolitan 
229.28  council for review in accordance with section 473.165, clause 
229.29  (1).  The council may make comments to the board about the plan 
229.30  in accordance with section 473.165, clause (2), except that the 
229.31  deadline for comments shall be made within 30 days after 
229.32  submission of the plan to the council. 
229.33     If, within the 30-day review period, the council has made 
229.34  no comment on the plan or has made no findings as provided in 
229.35  section 473.165, clause (2), the plan shall go into effect as of 
229.36  the date of adoption by the board. 
230.1      If, within the 30-day review period, the council has made 
230.2   findings as provided in section 473.165, clause (2), the board 
230.3   and the council shall follow the procedure provided in section 
230.4   473.165, clause (2).  The board may adopt revisions to the plan 
230.5   in the same manner as is provided in this subdivision for 
230.6   adoption of the plan.  
230.7      Sec. 5.  Minnesota Statutes 1996, section 473.894, 
230.8   subdivision 3, is amended to read: 
230.9      Subd. 3.  [APPLICATION TO FCC.] Within 180 days from 
230.10  adoption of the regionwide public safety radio system 
230.11  communication plan The commissioner of transportation, on behalf 
230.12  of the state of Minnesota, shall use the plan adopted by the 
230.13  board under subdivision 2 to submit an extended implementation 
230.14  application to the Federal Communications Commission (FCC) for 
230.15  the NPSPAC channels and other public safety frequencies 
230.16  available for use in the metropolitan area and necessary to 
230.17  implement the plan.  Local governments and all other public or 
230.18  private entities eligible under part 90 of the FCC rules shall 
230.19  not apply for public safety channels in the 821 to 824 and 866 
230.20  to 869 megahertz bands for use within the metropolitan counties 
230.21  until the FCC takes final action on the regional application 
230.22  submitted under this section.  Exceptions to the restrictions on 
230.23  the application for the NPSPAC channels may be granted by the 
230.24  radio board commissioner.  The Minnesota department of 
230.25  transportation shall hold the master system licenses for all 
230.26  public safety frequencies assigned to the metropolitan area 
230.27  issued by the FCC under the board's plan and these channels 
230.28  shall be used for the implementation of the plan.  Local 
230.29  governments and other public and private entities eligible under 
230.30  part 90 of the FCC rules may apply to the FCC as colicensees for 
230.31  subscriber equipment and those portions of the network 
230.32  infrastructure owned by them.  Application for colicensing under 
230.33  this section shall require the concurrence of the radio board. 
230.34     Sec. 6.  Minnesota Statutes 1996, section 473.894, 
230.35  subdivision 4, is amended to read: 
230.36     Subd. 4.  [PLAN IMPLEMENTATION.] The board commissioner 
231.1   shall supervise the implementation of the regionwide public 
231.2   safety radio system communication plan adopted under subdivision 
231.3   2 and must ensure that the system is built, owned, operated, and 
231.4   maintained in accordance with the plan.  The board commissioner 
231.5   will work with the region 22 NPSPAC committee to incorporate the 
231.6   board's commissioner's adopted plan into federal communication 
231.7   system regulations. 
231.8      Sec. 7.  Minnesota Statutes 1996, section 473.894, 
231.9   subdivision 5, is amended to read: 
231.10     Subd. 5.  [REQUIRED MINIMUM LEVEL OF SERVICE FOR LOCAL 
231.11  GOVERNMENTS.] Subject to system capacity and channel 
231.12  availability, the board commissioner shall ensure that all local 
231.13  governments, quasi-public service operations, and private 
231.14  entities in the metropolitan counties that are eligible to use 
231.15  radio frequencies reserved for public safety use have adequate 
231.16  communications capacity and intercommunications capability.  
231.17     Sec. 8.  Minnesota Statutes 1996, section 473.894, 
231.18  subdivision 6, is amended to read: 
231.19     Subd. 6.  [BACKBONE AND SUBSYSTEMS.] In the regionwide 
231.20  public safety radio system communication plan, the 
231.21  board commissioner shall define the backbone consistent with the 
231.22  recommendations made by the commissioner of transportation and 
231.23  the subsystems of the system, the timing and phasing of system 
231.24  development, the geographic scope of the system, the timing and 
231.25  extent of participation in the system including participation by 
231.26  additional entities, and standards for system performance.  
231.27  System performance standards shall be developed in consultation 
231.28  with by the commissioner of transportation.  The initial 
231.29  backbone shall serve state and regional agencies and shall 
231.30  include capabilities for regionwide mutual aid and emergency 
231.31  medical services communications and potentially provide 
231.32  alternative routing for 911 services.  
231.33     Sec. 9.  Minnesota Statutes 1996, section 473.894, 
231.34  subdivision 7, is amended to read: 
231.35     Subd. 7.  [EXISTING CHANNEL ALLOCATION.] The 
231.36  board commissioner shall coordinate allocation of existing radio 
232.1   channels made available to the board commissioner by conversion 
232.2   to 800 megahertz or other public safety frequencies.  
232.3      Sec. 10.  Minnesota Statutes 1996, section 473.894, 
232.4   subdivision 8, is amended to read: 
232.5      Subd. 8.  [COST APPORTIONMENT.] The board commissioner 
232.6   shall determine how capital, operating, and administrative costs 
232.7   of the first phase system will be spread across users of the 
232.8   regionwide public safety radio communication system, including 
232.9   costs for additional participants. 
232.10     Sec. 11.  Minnesota Statutes 1996, section 473.894, 
232.11  subdivision 9, is amended to read: 
232.12     Subd. 9.  [EXCESS CAPACITY ALLOCATION.] The board 
232.13  commissioner shall determine how excess capacity provided in the 
232.14  initial system design in the regionwide public safety radio 
232.15  communication system will be allocated. 
232.16     Sec. 12.  Minnesota Statutes 1996, section 473.894, 
232.17  subdivision 10, is amended to read: 
232.18     Subd. 10.  [SYSTEM ENHANCEMENT REGULATION.] The 
232.19  board commissioner shall determine the extent to which local 
232.20  governments, quasi-public service corporations, and private 
232.21  entities eligible to use the system may provide system 
232.22  enhancements at their own direct expense. 
232.23     Sec. 13.  Minnesota Statutes 1996, section 473.894, 
232.24  subdivision 11, is amended to read: 
232.25     Subd. 11.  [STANDARDS.] The board commissioner is 
232.26  authorized to set or adopt performance and technical standards 
232.27  for operation of the backbone and subsystems and may modify 
232.28  standards as necessary to meet changing needs. 
232.29     Sec. 14.  Minnesota Statutes 1996, section 473.894, 
232.30  subdivision 12, is amended to read: 
232.31     Subd. 12.  [USE PRIORITIES.] The board commissioner shall 
232.32  establish priorities or protocols for use of the system.  
232.33     Sec. 15.  Minnesota Statutes 1996, section 473.894, 
232.34  subdivision 13, is amended to read: 
232.35     Subd. 13.  [FIRST PHASE CONSTRUCTION.] In order to 
232.36  implement the first phase backbone, the board shall contract 
233.1   with the state of Minnesota, through the commissioner of 
233.2   transportation for construction, ownership, operation, 
233.3   maintenance, and enhancement of these elements of the first 
233.4   phase backbone as defined in the plan.  The commissioner, under 
233.5   appropriate state law, shall contract for, or procure by 
233.6   purchase or lease, (including joint purchase and lease 
233.7   agreements), construction, installation of materials, supplies 
233.8   and equipment, and other services as may be needed to build, 
233.9   operate, and maintain the first phase system network.  In 
233.10  accordance with the terms of the contract entered into with the 
233.11  radio board under this subdivision, The department of 
233.12  transportation will own, operate, and maintain those elements 
233.13  identified by the radio board in the plan as the first phase.  
233.14  The state will finance and pay for its share of the first phase. 
233.15     Sec. 16.  Minnesota Statutes 1996, section 473.894, 
233.16  subdivision 15, is amended to read: 
233.17     Subd. 15.  [SYSTEM USE BY NONGOVERNMENTAL ENTITIES.] The 
233.18  board commissioner may contract with entities in the 
233.19  metropolitan counties eligible to use the public safety channels 
233.20  other than local governments, to provide them with public safety 
233.21  radio communication service.  The board commissioner may 
233.22  contract with eligible jurisdictions and entities outside the 
233.23  metropolitan counties for inclusion in the regionwide public 
233.24  safety radio communication system.  
233.25     Sec. 17.  Minnesota Statutes 1996, section 473.894, 
233.26  subdivision 19, is amended to read: 
233.27     Subd. 19.  [USER FEES.] In accordance with the plan 
233.28  authorized in subdivision 2, the board commissioner may 
233.29  establish and impose user fees on entities using the first phase 
233.30  system to cover the board's costs of implementing the plan and 
233.31  the costs of operating the first phase system in the 
233.32  metropolitan area.  The metropolitan council will collect the 
233.33  user fees.  
233.34     Sec. 18.  Minnesota Statutes 1996, section 473.894, 
233.35  subdivision 20, is amended to read: 
233.36     Subd. 20.  [TECHNICAL OPERATIONS COMMITTEE.] The 
234.1   board commissioner shall establish a technical operations 
234.2   committee composed of representatives of the following 
234.3   functional categories to advise it the commissioner in carrying 
234.4   out its the purposes of sections 473.891 to 473.905:  
234.5      (1) Minnesota department of public safety; 
234.6      (2) Minnesota department of transportation; 
234.7      (3) sheriffs; 
234.8      (4) police; 
234.9      (5) fire protection; 
234.10     (6) emergency medical service; 
234.11     (7) public works; 
234.12     (8) civil defense; 
234.13     (9) metro 911 telephone board; 
234.14     (10) entities using 800 megahertz prior to initiation of 
234.15  the regional system; 
234.16     (11) managers or purchasing agents possessing expertise 
234.17  from a general perspective; 
234.18     (12) representatives of local units of government; and 
234.19     (13) regionwide public safety radio communication system 
234.20  users. 
234.21  The members of the technical operations committee serve without 
234.22  compensation.  The chair of the technical operations committee 
234.23  is an ex officio member of the radio board. 
234.24     Sec. 19.  Minnesota Statutes 1996, section 473.894, 
234.25  subdivision 21, is amended to read: 
234.26     Subd. 21.  [CONTRACTS.] The board commissioner may enter 
234.27  into contracts necessary to carry out its responsibilities under 
234.28  sections 473.891 to 473.905.  
234.29     Sec. 20.  Minnesota Statutes 1996, section 473.894, 
234.30  subdivision 22, is amended to read: 
234.31     Subd. 22.  [PROPERTY.] The board commissioner may acquire 
234.32  by purchase, lease, gift, or grant, property, both real and 
234.33  personal, and interests in property necessary for the 
234.34  accomplishment of its the purposes of sections 473.891 to 
234.35  473.905 and may sell or otherwise dispose of property which it 
234.36  is no longer requires required.  
235.1      Sec. 21.  Minnesota Statutes 1996, section 473.894, 
235.2   subdivision 23, is amended to read: 
235.3      Subd. 23.  [GIFTS; GRANTS.] The board commissioner may 
235.4   apply for, accept, and disburse gifts, grants, or loans from the 
235.5   United States, the state, or from any person for any of its the 
235.6   purposes of sections 473.891 to 473.905.  It The commissioner 
235.7   may enter into an agreement required for the gifts, grants, or 
235.8   loans and may hold, use, and dispose of money or property 
235.9   received according to the terms of the gift, grant, or loan.  
235.10     Sec. 22.  Minnesota Statutes 1996, section 473.894, 
235.11  subdivision 24, is amended to read: 
235.12     Subd. 24.  [AUTHORITY TO LITIGATE.] The board commissioner 
235.13  may sue and be sued. 
235.14     Sec. 23.  Minnesota Statutes 1996, section 473.897, 
235.15  subdivision 1, is amended to read: 
235.16     Subdivision 1.  [BUDGET PREPARATION; REVIEW AND APPROVAL.] 
235.17  The board commissioner shall prepare a proposed budget by August 
235.18  1 of each year.  The budget shall include operating revenues and 
235.19  expenditures for operation, administration, and maintenance.  In 
235.20  addition, the budget must show for each fiscal year of the state 
235.21  biennium: 
235.22     (1) the estimated operating revenues from all sources 
235.23  including funds on hand at the beginning of the year, and 
235.24  estimated expenditures for costs of operation, administration, 
235.25  maintenance, and debt service; 
235.26     (2) capital improvement funds estimated to be on hand at 
235.27  the beginning of the year and estimated to be received during 
235.28  the year from all sources and estimated cost of capital 
235.29  improvements to be paid out or expended during the year, all in 
235.30  such detail and form as the council may prescribe; and 
235.31     (3) the estimated source and use of pass-through funds. 
235.32     As early as practicable before August 15 of each year, the 
235.33  board commissioner shall hold a public hearing on a draft of the 
235.34  proposed budget.  Along with the draft, the board commissioner 
235.35  shall publish a report on user charges.  The report must include 
235.36  an estimated analysis of the changes in user charges, rates, and 
236.1   fees that will be required by the board's commissioner's 
236.2   budget.  Not less than 14 days before the hearing, the board 
236.3   commissioner shall publish notice of the hearing in a newspaper 
236.4   having general circulation in the metropolitan area, stating the 
236.5   date, time, and place of hearing, and the place where the 
236.6   proposed budget and report on user charges may be examined by 
236.7   any interested person.  
236.8      Following the hearing, the board commissioner shall publish 
236.9   a report of the hearing that summarizes the comments received 
236.10  and board's commissioner's response.  The council shall approve 
236.11  or disapprove the entire budget by October 1 of each year.  The 
236.12  council may disapprove only if the budget does not have adequate 
236.13  reserves to meet debt service.  If the council disapproves the 
236.14  budget in accordance with this subdivision, the board shall, by 
236.15  November 1, resubmit to the council for approval, a budget which 
236.16  meets the requirements for council approval as provided in this 
236.17  subdivision.  The council shall approve or disapprove the entire 
236.18  resubmitted budget by December 1.  
236.19     Before December 15 of each year, the board commissioner 
236.20  shall, by resolution, adopt a final budget.  The board shall 
236.21  file its final budget with the council on or before December 20 
236.22  of each year.  The council commissioner shall file the budgets 
236.23  with the secretary of the senate and the clerk of the house of 
236.24  representatives not later than January 1 of each year.  Before 
236.25  adoption, the board must submit any budget amendment which would 
236.26  affect debt service reserves to the council for review.  The 
236.27  council has 15 days to approve or disapprove the amendment.  The 
236.28  council shall disapprove the budget amendment only if the budget 
236.29  does not have adequate reserves to meet debt service. 
236.30     Except in an emergency, for which procedures must be 
236.31  established by the board, the board and its officers, agents, 
236.32  and employees may not spend money for any purpose, other than 
236.33  debt service, without an appropriation by the board, and no 
236.34  obligation to make such an expenditure shall be enforceable 
236.35  except as the obligation of the person or persons incurring it.  
236.36  The creation of any debt obligation or the receipt of any 
237.1   federal or state grant is a sufficient appropriation of the 
237.2   proceeds for the purpose for which it is authorized, and of the 
237.3   tax or other revenues pledged to pay the obligation and interest 
237.4   on it whether or not specifically included in any annual budget. 
237.5   After obtaining the approval of the council, the board may amend 
237.6   the budget at any time by transferring any appropriation from 
237.7   one purpose to another, except appropriations of the proceeds of 
237.8   bonds issued for a specific purpose.  The council shall 
237.9   disapprove only if the amended budget does not have adequate 
237.10  reserves to meet debt service. 
237.11     Sec. 24.  Minnesota Statutes 1996, section 473.897, 
237.12  subdivision 2, is amended to read: 
237.13     Subd. 2.  [PROGRAM EVALUATION.] The budget procedure of the 
237.14  board commissioner must include a substantive assessment and 
237.15  evaluation of the effectiveness of each significant part of the 
237.16  regionwide public safety radio communication system 
237.17  implementation plan adopted by the board with, to the extent 
237.18  possible, quantitative information on the status, progress, 
237.19  costs, benefits, and effects of each program.  
237.20     The board shall transmit the evaluation to the metropolitan 
237.21  council annually. 
237.22     Sec. 25.  Minnesota Statutes 1996, section 473.897, 
237.23  subdivision 4, is amended to read: 
237.24     Subd. 4.  [RESALE OF SERVICES OR CAPACITY PROHIBITED.] 
237.25  Neither the council, the board, or commissioner nor any local 
237.26  government unit may resell any service or capacity of this 
237.27  system to a nonpublic entity, except for those private entities 
237.28  eligible to hold Federal Communications Commission licenses in 
237.29  the public safety and special emergency radio services, as 
237.30  defined in the Code of Federal Regulations, title 47, part 90 
237.31  (1994). 
237.32     Sec. 26.  Minnesota Statutes 1996, section 473.901, 
237.33  subdivision 2, is amended to read: 
237.34     Subd. 2.  [ANNUAL BUDGET OF RADIO BOARD.] The metropolitan 
237.35  council commissioner shall transmit the annual budget of the 
237.36  radio board costs, defined in subdivision 1, to the commissioner 
238.1   of administration no later than December 15 of each year.  The 
238.2   commissioner of administration shall include eligible costs for 
238.3   the regionwide public safety communication system in its request 
238.4   for legislative appropriations from the 911 emergency telephone 
238.5   service fee account.  All eligible costs approved by the radio 
238.6   board shall be included in the commissioner of administration's 
238.7   appropriation request.  
238.8      Sec. 27.  Minnesota Statutes 1996, section 473.901, 
238.9   subdivision 3, is amended to read: 
238.10     Subd. 3.  [APPROPRIATION TRANSFERS.] Each month, before the 
238.11  25th day of the month, the commissioner of administration shall 
238.12  transmit to the metropolitan council commissioner 1/12 of its 
238.13  total approved appropriation for the regionwide public safety 
238.14  communication system. 
238.15     Sec. 28. Minnesota Statutes 1996, section 473.902, 
238.16  subdivision 1, is amended to read: 
238.17     Subdivision 1.  [ALLOCATION OF OPERATING COSTS.] The 
238.18  current costs of the board commissioner in implementing 
238.19  regionwide public safety radio communication plan system and the 
238.20  first phase system shall be allocated among and paid by the 
238.21  following users, all in accordance with the regionwide public 
238.22  safety radio system communication plan adopted by the board 
238.23  commissioner: 
238.24     (1) the state of Minnesota for its operations using the 
238.25  system in the metropolitan counties; 
238.26     (2) all local government units using the system; and 
238.27     (3) other eligible users of the system. 
238.28     Sec. 29.  Minnesota Statutes 1996, section 473.902, 
238.29  subdivision 2, is amended to read: 
238.30     Subd. 2.  [PAYMENTS TO RADIO BOARD COMMISSIONER; AMOUNTS 
238.31  DUE BOARD COMMISSIONER WHEN PAYABLE.] Charges payable to 
238.32  the board commissioner by users of the system may be made 
238.33  payable at those times during each year as the 
238.34  board commissioner determines, but those dates shall be fixed 
238.35  with reference to the dates on which tax, assessment, and 
238.36  revenue collections become available to the government units 
239.1   required to pay such charges.  
239.2      Sec. 30.  Minnesota Statutes 1996, section 473.902, 
239.3   subdivision 3, is amended to read: 
239.4      Subd. 3.  [COMPONENT MUNICIPALITIES OBLIGATIONS TO 
239.5   BOARD COMMISSIONER.] Each local government and other eligible 
239.6   users of the first phase system shall pay to the board 
239.7   commissioner all sums charged to it under this section, at the 
239.8   times and in the manner determined by the board commissioner.  
239.9   The governing body of each local government shall take all 
239.10  action that may be necessary to provide the funds required for 
239.11  these payments and to make them when due.  
239.12     Sec. 31.  Minnesota Statutes 1996, section 473.902, 
239.13  subdivision 4, is amended to read: 
239.14     Subd. 4.  [POWERS OF GOVERNMENT UNITS.] To accomplish any 
239.15  duty imposed on it by the council or radio board commissioner, 
239.16  the governing body of every local government in the metropolitan 
239.17  area may exercise the powers granted any municipality by 
239.18  chapters 117, 412, 429, 475, and by sections 115.46, 444.075, 
239.19  and 471.59. 
239.20     Sec. 32.  Minnesota Statutes 1996, section 473.902, 
239.21  subdivision 5, is amended to read: 
239.22     Subd. 5.  [DEFICIENCY TAX LEVIES.] If the governing body of 
239.23  any local government using the first phase system fails to meet 
239.24  any payment to the board commissioner under subdivision 1 when 
239.25  due, the metropolitan council commissioner may certify to the 
239.26  auditor of the county in which the government unit is located 
239.27  the amount required for payment of the amount due with interest 
239.28  at six percent per year.  The auditor shall levy and extend the 
239.29  amount due, with interest, as a tax upon all taxable property in 
239.30  the government unit for the next calendar year, free from any 
239.31  existing limitations imposed by law or charter.  This tax shall 
239.32  be collected in the same manner as the general taxes of the 
239.33  government unit, and the proceeds of the tax, when collected, 
239.34  shall be paid by the county treasurer to the board commissioner 
239.35  and credited to the government unit for which the tax was levied.
239.36     Sec. 33.  Minnesota Statutes 1996, section 473.904, 
240.1   subdivision 1, is amended to read: 
240.2      Subdivision 1.  [COUNTY PLANNING PROCESS.] No later than 
240.3   two years from May 22, 1995, each metropolitan county shall 
240.4   undertake and complete a planning process for its public safety 
240.5   radio subsystem to ensure participation by representatives of 
240.6   local government units, quasi-public service organizations, and 
240.7   private entities eligible to use the regional public safety 
240.8   radio system and to ensure coordination and planning of the 
240.9   local subsystems.  Local governments and other eligible users 
240.10  shall cooperate with the county in its preparation of the 
240.11  subsystem plan to ensure that local needs are met.  The radio 
240.12  board commissioner shall encourage the establishment by each 
240.13  metropolitan county of local public safety radio subsystem 
240.14  committees composed of representatives of local governments and 
240.15  other eligible users for the purposes of:  
240.16     (1) establishing a plan for coordinated and timely use of 
240.17  the regionwide public safety radio system by the local 
240.18  governments and other eligible users within each metropolitan 
240.19  county; and 
240.20     (2) assisting and advising the board commissioner in its 
240.21  the implementation of the regional public safety radio plan by 
240.22  identification of local service needs and objectives. 
240.23     The board commissioner shall also encourage the 
240.24  establishment of joint or multicounty planning for the 
240.25  regionwide public safety radio system and subsystems. 
240.26     The board commissioner may provide local boards with 
240.27  whatever assistance it deems necessary and appropriate.  
240.28     No metropolitan county or city of the first class shall be 
240.29  required to undertake a technical subsystem design to meet the 
240.30  planning process requirements of this subdivision or subdivision 
240.31  2. 
240.32     Sec. 34.  Minnesota Statutes 1996, section 473.904, 
240.33  subdivision 3, is amended to read: 
240.34     Subd. 3.  [SUBMISSION OF PLANS TO BOARD COMMISSIONER.] Each 
240.35  metropolitan county and each city of the first class in the 
240.36  metropolitan area which has chosen to develop its own plan shall 
241.1   submit the plan to the board commissioner for the board's 
241.2   commissioner's review and approval.  
241.3      Sec. 35.  Minnesota Statutes 1996, section 473.904, 
241.4   subdivision 4, is amended to read: 
241.5      Subd. 4.  [LOCAL GOVERNMENT JOINDER.] Local government 
241.6   units, except for cities of the first class, quasi-public 
241.7   service organizations, and private entities eligible to use the 
241.8   regional public safety radio system cannot join the system until 
241.9   its county plan has been approved by the board commissioner. 
241.10     Sec. 36.  Minnesota Statutes 1996, section 473.905, 
241.11  subdivision 2, is amended to read: 
241.12     Subd. 2.  [REQUIREMENTS TO JOIN.] Local governments and 
241.13  other entities eligible to join the regional public safety radio 
241.14  system which elect to join the system must do so in accordance 
241.15  with and meet the requirements of the provisions of the plan 
241.16  adopted by the radio board commissioner as provided in section 
241.17  473.894, subdivision 2. 
241.18     Sec. 37.  [TRANSFER OF POWERS, LIABILITIES, AND ASSETS.] 
241.19     The powers and duties of the metropolitan council and the 
241.20  metropolitan radio board with respect to the regional public 
241.21  safety radio system are transferred to the commissioner of 
241.22  transportation. 
241.23     Except as otherwise provided in this act, the provisions of 
241.24  Minnesota Statutes, section 15.039, relating to transfer of 
241.25  powers among agencies, shall apply to the transfer of the powers 
241.26  and duties of the metropolitan council and metropolitan radio 
241.27  board to the commissioner of transportation, to the extent 
241.28  practicable. 
241.29     Sec. 38.  [BONDS.] 
241.30     Bonds or other debt authorized by Minnesota Statutes, 
241.31  sections 473.898 and 473.903 that are outstanding on the 
241.32  effective date of this section must be paid and retired 
241.33  according to those sections and the terms of the bonds.  The 
241.34  auditors of the metropolitan counties shall see to the 
241.35  administration of this section. 
241.36     Sec. 39.  [REPEALER.] 
242.1      Minnesota Statutes 1996, sections 473.893; 473.894, 
242.2   subdivisions 14, 16, 17, and 18; 473.895; 473.896; 473.897, 
242.3   subdivision 3; 473.898; 473.899; 473.900; and 473.903, are 
242.4   repealed. 
242.5      Sec. 40.  [EFFECTIVE DATE.] 
242.6      This article is effective July 1, 1998. 
242.7                              ARTICLE 11
242.8                          FISCAL DISPARITIES
242.9      Section 1.  Minnesota Statutes 1996, section 473F.02, 
242.10  subdivision 7, is amended to read: 
242.11     Subd. 7.  [POPULATION.] "Population" means the most recent 
242.12  estimate of the population of a municipality made by the 
242.13  metropolitan council state demographer and filed with the 
242.14  commissioner of revenue.  The council state demographer shall 
242.15  annually estimate the population of each municipality as of a 
242.16  date which it determines and, in the case of a municipality 
242.17  which is located partly within and partly without the area, the 
242.18  proportion of the total which resides within the area, and shall 
242.19  promptly thereafter file its estimates with the commissioner of 
242.20  revenue. 
242.21     Sec. 2.  Minnesota Statutes 1996, section 473F.02, 
242.22  subdivision 8, is amended to read: 
242.23     Subd. 8.  [MUNICIPALITY.] "Municipality" means a city, 
242.24  town, or township located in whole or part within the area, but 
242.25  not the cities of New Prague or Northfield.  If a municipality 
242.26  is located partly within and partly without the area, the 
242.27  references in sections 473F.01 to 473F.13 to property or any 
242.28  portion thereof subject to taxation or taxing jurisdiction 
242.29  within the municipality are to such property or portion thereof 
242.30  as is located in that portion of the municipality within the 
242.31  area, except that the fiscal capacity of such a municipality 
242.32  shall be computed upon the basis of the valuation and population 
242.33  of the entire municipality. 
242.34     A municipality shall be excluded from the area if its 
242.35  municipal comprehensive zoning and planning policies 
242.36  conscientiously exclude most commercial-industrial development, 
243.1   for reasons other than preserving an agricultural use.  The 
243.2   metropolitan council director of the office of strategic and 
243.3   long-range planning and the commissioner of revenue shall 
243.4   jointly make this determination annually and shall notify those 
243.5   municipalities that are ineligible to participate in the tax 
243.6   base sharing program provided in this chapter for the following 
243.7   year. 
243.8      Sec. 3.  Minnesota Statutes 1996, section 473F.08, 
243.9   subdivision 5, is amended to read: 
243.10     Subd. 5.  [AREAWIDE TAX RATE.] On or before August 25 of 
243.11  each year, the county auditor shall certify to the 
243.12  administrative auditor that portion of the levy of each 
243.13  governmental unit determined under subdivisions 3, clause 
243.14  (a), and 3a, and 3b.  The administrative auditor shall then 
243.15  determine the areawide tax rate sufficient to yield an amount 
243.16  equal to the sum of such levies from the areawide net tax 
243.17  capacity.  On or before September 1 of each year, the 
243.18  administrative auditor shall certify the areawide tax rate to 
243.19  each of the county auditors. 
243.20     Sec. 4.  Minnesota Statutes 1996, section 473F.08, 
243.21  subdivision 7a, is amended to read: 
243.22     Subd. 7a.  [CERTIFICATION OF VALUES; PAYMENT.] The 
243.23  administrative auditor shall determine for each county the 
243.24  difference between the total levy on distribution value pursuant 
243.25  to subdivisions 3, clause (a), and 3a, and 3b, within the county 
243.26  and the total tax on contribution value pursuant to subdivision 
243.27  6, within the county.  On or before May 16 of each year, the 
243.28  administrative auditor shall certify the differences so 
243.29  determined to each county auditor.  In addition, the 
243.30  administrative auditor shall certify to those county auditors 
243.31  for whose county the total tax on contribution value exceeds the 
243.32  total levy on distribution value the settlement the county is to 
243.33  make to the other counties of the excess of the total tax on 
243.34  contribution value over the total levy on distribution value in 
243.35  the county.  On or before June 15 and November 15 of each year, 
243.36  each county treasurer in a county having a total tax on 
244.1   contribution value in excess of the total levy on distribution 
244.2   value shall pay one-half of the excess to the other counties in 
244.3   accordance with the administrative auditors certification. 
244.4      Sec. 5.  Minnesota Statutes 1996, section 473F.13, is 
244.5   amended to read: 
244.6      473F.13 [CHANGE IN STATUS OF MUNICIPALITY.] 
244.7      Subdivision 1.  [CERTIFICATION OF CHANGE IN STATUS.] If a 
244.8   municipality is dissolved, is consolidated with all or part of 
244.9   another municipality, annexes territory, has a portion of its 
244.10  territory detached from it, or is newly incorporated, the 
244.11  secretary of state shall immediately certify that fact to the 
244.12  commissioner of revenue.  The secretary of state shall also 
244.13  certify to the commissioner of revenue the current population of 
244.14  the new, enlarged, or successor municipality, if determined by 
244.15  the Minnesota municipal board incident to consolidation, 
244.16  annexation, or incorporation proceedings.  The population so 
244.17  certified shall govern for purposes of sections 473F.01 to 
244.18  473F.13 until the metropolitan council state demographer files 
244.19  its first population estimate as of a later date with the 
244.20  commissioner of revenue.  If an annexation of unincorporated 
244.21  land occurs without proceedings before the Minnesota municipal 
244.22  board, the population of the annexing municipality as previously 
244.23  determined shall continue to govern for purposes of sections 
244.24  473F.01 to 473F.13 until the metropolitan council state 
244.25  demographer files its first population estimate as of a later 
244.26  date with the commissioner of revenue. 
244.27     Sec. 6.  [REPEALER.] 
244.28     Minnesota Statutes 1996, sections 473F.02, subdivision 21; 
244.29  and 473F.08, subdivision 3b, are repealed. 
244.30     Sec. 7.  [EFFECTIVE DATE.] 
244.31     This article is effective for taxes levied in 1998, payable 
244.32  in 1999 and subsequent years. 
244.33                             ARTICLE 12 
244.34                       AGRICULTURAL PRESERVES 
244.35     Section 1.  Minnesota Statutes 1996, section 473H.04, 
244.36  subdivision 3, is amended to read: 
245.1      Subd. 3.  The authority shall provide the metropolitan 
245.2   council office of strategic and long-range planning with 
245.3   suitable maps showing any lands certified eligible pursuant to 
245.4   subdivision 1 or decertified pursuant to subdivision 2.  
245.5   The metropolitan council office shall maintain maps of the 
245.6   metropolitan area showing all certified long term agricultural 
245.7   lands.  
245.8      Sec. 2.  Minnesota Statutes 1996, section 473H.06, 
245.9   subdivision 1, is amended to read: 
245.10     Subdivision 1.  Upon receipt of an application, the 
245.11  authority shall determine if all material required in section 
245.12  473H.05 has been submitted and, if so, shall determine that the 
245.13  application is complete.  When used in this chapter, the term 
245.14  "date of application" means the date the application is 
245.15  determined complete by the authority.  Within five days of the 
245.16  date of application, the authority shall forward the completed 
245.17  and signed application to the county recorder, together with the 
245.18  owner's duplicate certificate of title in the case of registered 
245.19  property, and copies to the county auditor, the county assessor, 
245.20  the metropolitan council office of strategic and long-range 
245.21  planning, and the county soil and water conservation district.  
245.22     Sec. 3.  Minnesota Statutes 1996, section 473H.06, 
245.23  subdivision 5, is amended to read: 
245.24     Subd. 5.  The metropolitan council office of strategic and 
245.25  long-range planning shall maintain agricultural preserve maps, 
245.26  illustrating (a) certified long term agricultural lands; and (b) 
245.27  lands covenanted as agricultural preserves.  The council office 
245.28  shall make yearly reports to the department of agriculture and 
245.29  such other agencies as the council office deems appropriate.  
245.30     Sec. 4.  Minnesota Statutes 1996, section 473H.08, 
245.31  subdivision 4, is amended to read: 
245.32     Subd. 4.  Upon receipt of the notice provided in 
245.33  subdivision 2, or upon notice served by the authority as 
245.34  provided in subdivision 3, the authority shall forward the 
245.35  original notice to the county recorder for recording and shall 
245.36  notify the county auditor, county assessor, the metropolitan 
246.1   council office of strategic and long-range planning, and the 
246.2   county soil and water conservation district of the date of 
246.3   expiration.  Designation as an agricultural preserve and all 
246.4   benefits and limitations accruing through sections 473H.02 to 
246.5   473H.17 for the preserve shall cease on the date of expiration.  
246.6   The restrictive covenant filed with the application shall 
246.7   terminate on the date of expiration.  
246.8      Sec. 5.  [EFFECTIVE DATE.] 
246.9      This article is effective July 1, 1998. 
246.10                             ARTICLE 13 
246.11                      PROPERTY TAX PROHIBITION 
246.12     Section 1.  [FUTURE LEVIES PROHIBITED.] 
246.13     Unless expressly authorized in this act, the metropolitan 
246.14  council or any metropolitan agency or commission must not levy 
246.15  property taxes after 1996, payable after 1997.  
246.16                             ARTICLE 14 
246.17                       CONFORMING AMENDMENTS 
246.18     Section 1.  [REVISOR'S INSTRUCTION.] 
246.19     The revisor of statutes shall include in a revisor's bill, 
246.20  or other appropriate bill in the 1998 legislative session, 
246.21  conforming amendments to sections referring to sections of 
246.22  Minnesota Statutes repealed in this act. 
246.23                             ARTICLE 15 
246.24                            APPLICATION 
246.25     Section 1.  [METRO COUNTIES.] 
246.26     Unless the context indicates otherwise, this act applies in 
246.27  the counties of Anoka, Carver, Dakota, Hennepin, Ramsey, Scott, 
246.28  and Washington.