HF 579

as introduced - 81st Legislature (1999 - 2000) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to metropolitan government; establishing a 
  1.3             metropolitan waste control commission and transferring 
  1.4             the ownership and operation of the metropolitan 
  1.5             disposal system from the metropolitan council to the 
  1.6             commission; amending Minnesota Statutes 1998, sections 
  1.7             115.54; 116.16, subdivision 2; 116.182, subdivision 1; 
  1.8             352.01, subdivisions 2a and 2b; 352D.02, subdivision 
  1.9             1; 422A.01, subdivision 9; 422A.101, subdivision 2a; 
  1.10            471A.02, subdivision 8; 473.121, subdivisions 5a and 
  1.11            24; 473.146, subdivision 1, and by adding 
  1.12            subdivisions; 473.164; 473.504; 473.505; 473.511; 
  1.13            473.512, subdivision 1; 473.513; 473.515; 473.5155, 
  1.14            subdivision 1; 473.516; 473.517, subdivisions 1, 3, 
  1.15            and 6; 473.519; 473.521; 473.523; 473.541, subdivision 
  1.16            2; 473.542; 473.543; 473.545; 473.547; and 473.549; 
  1.17            proposing coding for new law in Minnesota Statutes, 
  1.18            chapter 473; repealing Minnesota Statutes 1998, 
  1.19            sections 473.517, subdivision 9; and 473.535. 
  1.20  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.21                             ARTICLE 1
  1.22         METROPOLITAN WASTE CONTROL COMMISSION ESTABLISHED
  1.23     Section 1.  Minnesota Statutes 1998, section 473.121, 
  1.24  subdivision 5a, is amended to read: 
  1.25     Subd. 5a.  [METROPOLITAN AGENCY.] "Metropolitan agency" 
  1.26  means the metropolitan waste control commission, metropolitan 
  1.27  parks and open space commission, metropolitan airports 
  1.28  commission, and metropolitan sports facilities commission. 
  1.29     Sec. 2.  Minnesota Statutes 1998, section 473.121, 
  1.30  subdivision 24, is amended to read: 
  1.31     Subd. 24.  [METROPOLITAN DISPOSAL SYSTEM.] "Metropolitan 
  1.32  disposal system" means any or all of the interceptors or 
  2.1   treatment works owned or operated by the metropolitan council 
  2.2   waste control commission. 
  2.3      Sec. 3.  Minnesota Statutes 1998, section 473.146, 
  2.4   subdivision 1, is amended to read: 
  2.5      Subdivision 1.  [REQUIREMENT.] The council shall adopt a 
  2.6   long-range comprehensive policy plan for transportation, 
  2.7   airports, and wastewater treatment.  The plans must 
  2.8   substantially conform to all policy statements, purposes, goals, 
  2.9   standards, and maps in the development guide developed and 
  2.10  adopted by the council under this chapter.  Each policy plan 
  2.11  must include, to the extent appropriate to the functions, 
  2.12  services, and systems covered, the following: 
  2.13     (1) forecasts of changes in the general levels and 
  2.14  distribution of population, households, employment, land uses, 
  2.15  and other relevant matters, for the metropolitan area and 
  2.16  appropriate subareas; 
  2.17     (2) a statement of issues, problems, needs, and 
  2.18  opportunities with respect to the functions, services, and 
  2.19  systems covered; 
  2.20     (3) a statement of the council's goals, objectives, and 
  2.21  priorities with respect to the functions, services, and systems 
  2.22  covered, addressing areas and populations to be served, the 
  2.23  levels, distribution, and staging of services; a general 
  2.24  description of the facility systems required to support the 
  2.25  services, and other similar matters; 
  2.26     (4) a statement of policies to effectuate the council's 
  2.27  goals, objectives, and priorities; 
  2.28     (5) a statement of the fiscal implications of the council's 
  2.29  plan, including a statement of:  (i) the resources available 
  2.30  under existing fiscal policy; (ii) the adequacy of resources 
  2.31  under existing fiscal policy and any shortfalls and unattended 
  2.32  needs; (iii) additional resources, if any, that are or may be 
  2.33  required to effectuate the council's goals, objectives, and 
  2.34  priorities; and (iv) any changes in existing fiscal policy, on 
  2.35  regional revenues and intergovernmental aids respectively, that 
  2.36  are expected or that the council has recommended or may 
  3.1   recommend; 
  3.2      (6) a statement of the standards, criteria, and procedures, 
  3.3   that the council will use in monitoring and evaluating the 
  3.4   implementation of the plan; 
  3.5      (7) a statement of the matters that must be addressed in 
  3.6   the implementation plan of the affected metropolitan agency; 
  3.7      (8) a statement of the relationship of the policy plan to 
  3.8   other policy plans and chapters of the metropolitan development 
  3.9   guide; 
  3.10     (7) (9) a statement of the relationships to local 
  3.11  comprehensive plans prepared under sections 473.851 to 473.871; 
  3.12  and 
  3.13     (8) (10) additional general information as may be necessary 
  3.14  to develop the policy plan or as may be required by the laws 
  3.15  relating to the metropolitan agency and function covered by the 
  3.16  policy plan. 
  3.17     Sec. 4.  Minnesota Statutes 1998, section 473.146, is 
  3.18  amended by adding a subdivision to read: 
  3.19     Subd. 2d.  [CONSULTATION WITH AGENCY; PREDRAFTING 
  3.20  NOTICE.] In preparing or amending the policy plan, the council 
  3.21  shall consult with and make maximum use of the expertise of the 
  3.22  affected metropolitan agency.  The agency shall cooperate with 
  3.23  the council and make its records, studies, plans, and other 
  3.24  information available to the council. 
  3.25     Before beginning to prepare a substantial revision of a 
  3.26  policy plan, the council shall publish notice and request 
  3.27  comments from the public.  At least 90 days before publication 
  3.28  of the predrafting notice, the council shall submit a draft of 
  3.29  the notice to the affected metropolitan agency for review and 
  3.30  comment.  The predrafting notice must include a statement of the 
  3.31  subjects expected to be covered by the policy and implementation 
  3.32  plans; a summary of important problems, issues, and matters that 
  3.33  are expected to be addressed in the plans; and a summary of the 
  3.34  studies and other information required as the basis of the 
  3.35  plans.  All interested persons must be afforded an opportunity 
  3.36  to submit data or views on the predrafting notice, either orally 
  4.1   or in writing. 
  4.2      Before adopting a policy plan or substantial revision 
  4.3   thereof, the council shall submit the proposed plan to the 
  4.4   affected metropolitan agency for its review, and the agency 
  4.5   shall report its comments to the council within 90 days. 
  4.6      Sec. 5.  Minnesota Statutes 1998, section 473.146, is 
  4.7   amended by adding a subdivision to read: 
  4.8      Subd. 2e.  [HEARING; ADOPTION.] The council shall hold a 
  4.9   public hearing on the proposed policy plan at a time and place 
  4.10  in the metropolitan area determined by the council.  Not less 
  4.11  than 15 days before the hearing, the council shall publish 
  4.12  notice in a newspaper or newspapers having general circulation 
  4.13  in the metropolitan area, stating the date, time, and place of 
  4.14  hearing, and the place where the proposed policy plan and agency 
  4.15  comments may be examined by any interested person.  At any 
  4.16  hearing, interested persons must be permitted to present their 
  4.17  views on the policy plan, and the hearing may be continued from 
  4.18  time to time.  After receipt of the agency's report and the 
  4.19  hearing, the council may revise the proposed plan giving 
  4.20  appropriate consideration to all comments received and 
  4.21  thereafter shall adopt the plan by resolution. 
  4.22     Sec. 6.  Minnesota Statutes 1998, section 473.146, is 
  4.23  amended by adding a subdivision to read: 
  4.24     Subd. 2f.  [EFFECT.] Adopted policy plans must be followed 
  4.25  by the council and the affected metropolitan agency. 
  4.26     Sec. 7.  Minnesota Statutes 1998, section 473.146, is 
  4.27  amended by adding a subdivision to read: 
  4.28     Subd. 2g.  [AMENDMENT.] An amendment to a policy plan may 
  4.29  be initiated by the council or by an affected metropolitan 
  4.30  agency.  At least every five years the council shall engage in a 
  4.31  comprehensive review of the policy plan and revise the plan as 
  4.32  necessary.  The council shall amend a policy plan in accordance 
  4.33  with the procedures established in this section. 
  4.34     Sec. 8.  Minnesota Statutes 1998, section 473.164, 
  4.35  subdivision 1, is amended to read: 
  4.36     Subdivision 1.  [ANNUALLY REIMBURSE.] The metropolitan 
  5.1   sports facilities commission, the metropolitan waste control 
  5.2   commission, and the metropolitan airports commission shall 
  5.3   annually reimburse the council for costs incurred by the council 
  5.4   in the discharge of its responsibilities relating to the 
  5.5   commission.  The costs may be charged against any revenue 
  5.6   sources of the commission as determined by the commission. 
  5.7      Sec. 9.  [473.5025] [METROPOLITAN WASTE CONTROL 
  5.8   COMMISSION.] 
  5.9      Subdivision 1.  [CREATION.] The metropolitan waste control 
  5.10  commission is established as a public corporation and political 
  5.11  subdivision of the state.  It is under the supervision and 
  5.12  control of 11 members, all of whom must be residents of the 
  5.13  metropolitan area. 
  5.14     Subd. 2.  [MEMBERSHIP; QUALIFICATIONS.] (a) The governor 
  5.15  shall appoint eight members on a nonpartisan basis from 
  5.16  districts defined by this section.  Each commission member 
  5.17  appointed under this paragraph must reside in the commission 
  5.18  district represented.  Each commission district must be 
  5.19  represented by one member of the commission.  
  5.20     (b) The governor shall appoint two members to serve at 
  5.21  large who represent organized labor. 
  5.22     (c) A commission member shall not hold any other appointed 
  5.23  or elected public office while serving as a member of the 
  5.24  commission.  A commission member shall not be an employee of the 
  5.25  commission or an official or employee of a labor organization 
  5.26  that negotiates a collective bargaining agreement with the 
  5.27  commission.  Members of the commission must be appointed to 
  5.28  reflect fairly the various demographic, political, and other 
  5.29  interests in the metropolitan area and the districts.  Each 
  5.30  member shall qualify by taking and subscribing the oath of 
  5.31  office prescribed by the Minnesota Constitution, article V, 
  5.32  section 5.  The oath, certified by the administering official, 
  5.33  must be filed with the secretary of state. 
  5.34     Subd. 3.  [DISTRICTS.] The metropolitan waste control 
  5.35  commission district boundaries are established by pairing 
  5.36  metropolitan council districts, as follows: 
  6.1      (1) district A is metropolitan council districts 1 and 2; 
  6.2      (2) district B is metropolitan council districts 3 and 4; 
  6.3      (3) district C is metropolitan council districts 5 and 6; 
  6.4      (4) district D is metropolitan council districts 7 and 8; 
  6.5      (5) district E is metropolitan council districts 9 and 10; 
  6.6      (6) district F is metropolitan council districts 11 and 12; 
  6.7      (7) district G is metropolitan council districts 13 and 14; 
  6.8   and 
  6.9      (8) district H is metropolitan council districts 15 and 16. 
  6.10     Subd. 4.  [TERMS.] (a) Following the redistricting of 
  6.11  metropolitan council districts as provided in section 473.123, 
  6.12  subdivision 3a, the governor shall appoint a commission member 
  6.13  from each of the newly drawn commission districts.  The terms of 
  6.14  members are as follows:  members representing districts A, C, E, 
  6.15  and G, for terms ending the first Monday in January of the year 
  6.16  ending in the numeral "7"; and members representing districts B, 
  6.17  D, F, and H, for terms ending the first Monday in January of the 
  6.18  year ending in the numeral "5."  Thereafter, the term of each 
  6.19  member is four years, with terms ending the first Monday in 
  6.20  January, except that all terms expire on the effective date of 
  6.21  the next redistricting of metropolitan council districts.  
  6.22     (b) The at-large members shall serve four-year terms, with 
  6.23  terms ending the first Monday in January, except that in making 
  6.24  the first appointments after the creation of the commission, the 
  6.25  governor shall appoint one of the two at-large members to serve 
  6.26  a two-year term. 
  6.27     (c) A commission member shall continue to serve until a 
  6.28  successor is appointed and qualified.  Following each 
  6.29  redistricting, a member representing the district shall continue 
  6.30  to serve at large until the governor appoints the eight 
  6.31  commission members representing districts, one from each of the 
  6.32  newly drawn commission districts to serve terms as provided in 
  6.33  this section.  The appointment to the commission must be made by 
  6.34  the first Monday in April of the year in which the term ends. 
  6.35     Subd. 5.  [NOTICE.] In addition to the notice required by 
  6.36  section 15.0597, subdivision 4, notice of vacancies and 
  7.1   expiration of terms must be published in newspapers of general 
  7.2   circulation in the metropolitan area and the appropriate 
  7.3   districts.  The governing bodies of the statutory and home rule 
  7.4   charter cities, counties, and towns that are provided service by 
  7.5   the commission and have territory in the district for which a 
  7.6   member is to be appointed must be notified in writing.  The 
  7.7   notices must describe the appointment process and invite 
  7.8   participation and recommendations on the appointment. 
  7.9      Subd. 6.  [NOMINATING COMMITTEE.] The governor shall create 
  7.10  a nominating committee, composed of seven metropolitan citizens 
  7.11  appointed by the governor, to nominate persons for appointment 
  7.12  to the commission.  Three of the committee members must be local 
  7.13  elected officials and at least one must be a representative of a 
  7.14  labor organization that has members employed by the commission.  
  7.15  Following the submission of applications as provided under 
  7.16  section 15.0597, subdivision 5, the nominating committee shall 
  7.17  conduct public meetings, after appropriate notice, to accept 
  7.18  statements from or on behalf of persons who have applied or been 
  7.19  nominated for appointment and to allow consultation with and 
  7.20  secure the advice of the public and local elected officials.  
  7.21  For consideration of candidates from a district, the committee 
  7.22  shall hold the meeting on each appointment in the district or in 
  7.23  a reasonably convenient and accessible location in the part of 
  7.24  the metropolitan area in which the district is located.  
  7.25  Following the meetings, the committee shall submit to the 
  7.26  governor a list of nominees for each appointment.  The nominees 
  7.27  for the at-large positions must be representatives of organized 
  7.28  labor.  The governor is not required to appoint from the list.  
  7.29     Subd. 7.  [CONSULT WITH LEGISLATURE; ADVICE AND CONSENT.] 
  7.30  Before making an appointment, the governor shall consult with 
  7.31  all members of the legislature from the commission district for 
  7.32  which the member is to be appointed.  Appointments to the 
  7.33  commission are subject to the advice and consent of the senate 
  7.34  as provided in section 15.066. 
  7.35     Subd. 8.  [CHAIR; OTHER OFFICERS; DUTIES.] (a) The chair of 
  7.36  the metropolitan waste control commission shall be appointed by 
  8.1   the governor as the 11th voting member.  The appointment is 
  8.2   subject to the advice and consent of the senate as provided by 
  8.3   section 15.066.  The chair serves at the pleasure of the 
  8.4   governor to represent the metropolitan area at large. 
  8.5      The chair of the commission shall, if present, preside at 
  8.6   meetings of the commission, have the primary responsibility for 
  8.7   meeting with local elected officials, serve as the principal 
  8.8   liaison to the metropolitan council and the legislature, serve 
  8.9   as the principal spokesperson of the commission, and perform 
  8.10  other duties assigned by the commission or by law. 
  8.11     (b) The commission shall elect other officers as it deems 
  8.12  necessary for the conduct of its affairs for a one-year term.  A 
  8.13  secretary and treasurer need not be members of the commission.  
  8.14  Meeting times and places shall be fixed by the commission and 
  8.15  special meetings may be called by a majority of the members of 
  8.16  the commission or by the chair.  
  8.17     Subd. 9.  [REMOVAL; VACANCIES.] A member, other than the 
  8.18  chair, may be removed by the governor before the end of the 
  8.19  member's term only for cause after notice and a public hearing.  
  8.20  If the office of any member becomes vacant, the vacancy shall be 
  8.21  filled in the same manner as a regular appointment.  An office 
  8.22  is vacant under the conditions described in section 351.02. 
  8.23     Subd. 10.  [COMPENSATION.] The chair and each commission 
  8.24  member shall be paid $55 for each day when the chair or member 
  8.25  attends one or more meetings or provides other services, as 
  8.26  authorized by the commission, and shall be reimbursed for actual 
  8.27  and necessary expenses.  The annual budget of the commission 
  8.28  shall provide as a separate account anticipated expenditures for 
  8.29  compensation, travel, and associated expenses for the chair and 
  8.30  members, and compensation or reimbursement shall be made to the 
  8.31  chair and members only when budgeted. 
  8.32     Subd. 11.  [OPERATING PROCEDURES; REGULAR AND SPECIAL 
  8.33  MEETINGS.] The commission shall adopt by resolution bylaws and 
  8.34  administrative policies establishing rules and procedures 
  8.35  governing the commission's operations and functions, including 
  8.36  commission meetings and action, keeping records, approving 
  9.1   claims, authorizing and making disbursements, authorizing 
  9.2   contracts, safekeeping funds, and auditing of all financial 
  9.3   operations of the commission.  The commission shall meet 
  9.4   regularly at least once each month, at a time and place as the 
  9.5   commission shall by resolution designate.  Procedures for 
  9.6   calling special meetings shall be established in the 
  9.7   commission's bylaws.  Unless a supermajority is required by 
  9.8   other law or the commission's bylaws, any action within the 
  9.9   authority of the commission may be taken by the affirmative vote 
  9.10  of a majority of the members present and qualified to vote if 
  9.11  there is a quorum.  A majority of all of the members of the 
  9.12  commission shall constitute a quorum, but a lesser number may 
  9.13  meet and adjourn from time to time and compel the attendance of 
  9.14  absent members. 
  9.15     Subd. 12.  [CHIEF ADMINISTRATOR.] The chair of the 
  9.16  commission shall, subject to the approval of the commission, 
  9.17  appoint a chief administrator who shall be chosen solely on the 
  9.18  basis of training, experience, and other qualifications, and who 
  9.19  shall serve at the pleasure of the commission.  The chief 
  9.20  administrator shall attend all meetings of the commission, but 
  9.21  shall not vote, and shall: 
  9.22     (1) see that all resolutions, rules, or orders of the 
  9.23  commission are enforced; 
  9.24     (2) appoint and remove, subject to the provisions of the 
  9.25  personnel policy adopted by the commission, upon the basis of 
  9.26  merit and fitness, all subordinate officers and regular 
  9.27  employees of the commission; 
  9.28     (3) present to the commission plans, studies, and reports 
  9.29  prepared for commission purposes and recommend to the commission 
  9.30  for adoption such measures as the administrator deems necessary 
  9.31  to enforce or carry out the powers and duties of the commission, 
  9.32  or to the efficient administration of the affairs of the 
  9.33  commission; 
  9.34     (4) keep the commission fully advised as to its financial 
  9.35  condition, and prepare and submit to the commission its annual 
  9.36  budget and other financial information as it may request; 
 10.1      (5) recommend to the commission for adoption rules that the 
 10.2   administrator deems necessary for the efficient operation of the 
 10.3   commission's functions; and 
 10.4      (6) perform other duties as may be prescribed by the 
 10.5   commission. 
 10.6      Subd. 13.  [PERSONNEL POLICY.] The commission shall by 
 10.7   resolution adopt a personnel policy relating to the terms and 
 10.8   conditions of employment of employees of the commission, 
 10.9   including a compensation and classification plan.  The personnel 
 10.10  policy must be consistent with the terms of the collective 
 10.11  bargaining agreements in effect between the commission and the 
 10.12  unions representing employees of the commission.  Employees of 
 10.13  the commission are public employees.  
 10.14     Sec. 10.  Minnesota Statutes 1998, section 473.504, is 
 10.15  amended to read: 
 10.16     473.504 [WASTE WATER SERVICES, POWERS.] 
 10.17     Subd. 1a.  [GENERAL POWERS.] The metropolitan waste control 
 10.18  commission shall have and exercise all powers which may be 
 10.19  necessary or convenient to enable it to perform and carry out 
 10.20  the duties and responsibilities imposed upon it by law.  These 
 10.21  powers include the specific powers enumerated in this section.  
 10.22     Subd. 1b.  [ADVISORY COMMITTEES.] The commission may 
 10.23  establish and appoint persons to advisory committees to assist 
 10.24  the commission in the performance of its duties.  Members of the 
 10.25  advisory committees shall serve without compensation but shall 
 10.26  be reimbursed for their reasonable expenses as determined by the 
 10.27  commission. 
 10.28     Subd. 1c.  [CONSULTING CONTRACTS.] The commission may enter 
 10.29  into any contract necessary or proper for the exercise of its 
 10.30  powers and duties, including contracts for the services of 
 10.31  consultants who perform engineering, legal, or services of a 
 10.32  professional nature.  Such professional services contracts shall 
 10.33  not be subject to the requirements of any law relating to public 
 10.34  bidding.  
 10.35     Subd. 2a.  [EMPLOYEE HEALTH AND WELLNESS.] The commission 
 10.36  may provide a program for health and wellness services for 
 11.1   commission employees and provide necessary staff, funds, 
 11.2   equipment, and facilities. 
 11.3      Subd. 4.  [RULES, PENALTIES.] The council shall have the 
 11.4   power to commission may adopt rules relating to the operation of 
 11.5   any interceptors or treatment works operated by it, and may 
 11.6   provide penalties for the violation thereof not exceeding the 
 11.7   maximum which may be specified for a misdemeanor.  Any rule 
 11.8   prescribing a penalty for violation shall be published at least 
 11.9   once in a newspaper having general circulation in the 
 11.10  metropolitan area.  
 11.11     Subd. 5.  [GIFTS, GRANTS, LOANS.] The council commission 
 11.12  may accept gifts, may apply for and accept grants or loans of 
 11.13  money or other property from the United States, the state, or 
 11.14  any person for any of its purposes, including any grant 
 11.15  available under the federal Water Pollution Act amendments of 
 11.16  1972, whether for construction, research or pilot project 
 11.17  implementation, may enter into any agreement required in 
 11.18  connection therewith, and may hold, use, and dispose of such 
 11.19  money or property in accordance with the terms of the gift, 
 11.20  grant, loan or agreement relating thereto.  The council 
 11.21  commission has all powers necessary to comply with the federal 
 11.22  Water Pollution Control Act amendments of 1972 and any grant 
 11.23  offered to it thereunder including, but not limited to, the 
 11.24  power to enter into such contracts with, or to impose such 
 11.25  charges upon, persons using the metropolitan disposal system as 
 11.26  it shall determine to be necessary for the recovery of treatment 
 11.27  works and interceptor costs paid with federal grant funds.  
 11.28  Insofar as possible these costs shall be recovered by local 
 11.29  government units on behalf of the council commission. 
 11.30     Subd. 6.  [JOINT OR COOPERATIVE ACTION.] The council 
 11.31  commission may act under the provisions of section 471.59, or 
 11.32  any other appropriate law providing for joint or cooperative 
 11.33  action between government units.  
 11.34     Subd. 9.  [MAY GET PROPERTY.] The council commission may 
 11.35  acquire by purchase, lease, condemnation, gift, or grant, any 
 11.36  real or personal property including positive and negative 
 12.1   easements and water and air rights, and it may construct, 
 12.2   enlarge, improve, replace, repair, maintain, and operate any 
 12.3   interceptor or treatment works determined to be necessary or 
 12.4   convenient for the collection and disposal of sewage in the 
 12.5   metropolitan area.  Any local government unit and the 
 12.6   commissioners of transportation and natural resources are 
 12.7   authorized to convey to or permit the use of any such facilities 
 12.8   owned or controlled by it by the council commission, subject to 
 12.9   the rights of the holders of any bonds issued with respect 
 12.10  thereto, with or without compensation, without an election or 
 12.11  approval by any other government agency.  All powers conferred 
 12.12  by this subdivision may be exercised both within or without the 
 12.13  metropolitan area as may be necessary for the exercise by 
 12.14  the council commission of its powers or the accomplishment of 
 12.15  its purposes.  The council commission may hold such property for 
 12.16  its purposes, and may lease any such property so far as not 
 12.17  needed for its purposes, upon such terms and in such manner as 
 12.18  it shall deem advisable.  Unless otherwise provided, the right 
 12.19  to acquire lands and property rights by condemnation shall be 
 12.20  exercised in accordance with chapter 117, and shall apply to any 
 12.21  property or interest therein owned by any local government unit; 
 12.22  provided, that no such property devoted to an actual public use 
 12.23  at the time, or held to be devoted to such use within a 
 12.24  reasonable time, shall be so acquired unless a court of 
 12.25  competent jurisdiction shall determine that the use proposed by 
 12.26  the board is paramount to such use.  Except in case of property 
 12.27  in actual public use, the council may take possession of any 
 12.28  property for which condemnation proceedings have been commenced 
 12.29  at any time after the issuance of a court order appointing 
 12.30  commissioners for its condemnation.  
 12.31     Subd. 10.  [NONFRANCHISE NO FRANCHISE REQUIRED.] The 
 12.32  council commission may construct or maintain its systems or 
 12.33  facilities in, along, on, under, over, or through public 
 12.34  streets, bridges, viaducts, and other public rights of way 
 12.35  without first obtaining a franchise from any local government 
 12.36  unit having jurisdiction over them; but such facilities shall be 
 13.1   constructed and maintained in accordance with the ordinances and 
 13.2   resolutions of any such government unit relating to 
 13.3   construction, installation, and maintenance of similar 
 13.4   facilities in such public properties and shall not obstruct the 
 13.5   public use of such rights-of-way.  
 13.6      Subd. 11.  [SURPLUS PROPERTY.] The council commission may 
 13.7   sell or otherwise dispose of any real or personal property 
 13.8   acquired by it which is no longer required for accomplishment of 
 13.9   its purposes.  Such property may be sold in the manner provided 
 13.10  by section 469.065, insofar as practical.  The council 
 13.11  commission may give such notice of sale as it shall deem 
 13.12  appropriate.  When the council commission determines that any 
 13.13  property or any interceptor or treatment works or any part 
 13.14  thereof which has been acquired from a local government unit 
 13.15  without compensation is no longer required, but is required as a 
 13.16  local facility by the government unit from which it was 
 13.17  acquired, the council commission may by resolution transfer it 
 13.18  to such government unit.  
 13.19     Subd. 12.  [PACTS WITH OTHER GOVERNMENTS.] The council 
 13.20  commission may contract with the United States or any agency 
 13.21  thereof, any state or agency thereof, or any local government 
 13.22  unit or governmental agency or subdivision, for the joint use of 
 13.23  any facility owned by the council commission or such entity, for 
 13.24  the operation by such entity of any system or facility of 
 13.25  the council commission, or for the performance on the council's 
 13.26  commission's behalf of any service, on such terms as may be 
 13.27  agreed upon by the contracting parties. 
 13.28     Subd. 13.  [SUIT.] The commission may sue and be sued. 
 13.29     Subd. 14.  [RESEARCH; HEARINGS; INVESTIGATION; ADVICE.] The 
 13.30  commission may conduct research studies and programs; collect 
 13.31  and analyze data; prepare reports, maps, charts, and tables; and 
 13.32  conduct necessary hearings and investigations in connection with 
 13.33  the design, construction, and operation of the metropolitan 
 13.34  disposal system.  The commission may advise other governmental 
 13.35  units on system planning matters within the scope of its duties, 
 13.36  powers, and objectives. 
 14.1      Sec. 11.  [473.5043] [LIMITS ON PRIVATIZATION.] 
 14.2      The commission shall not enter into any agreement with 
 14.3   another entity for the operation and maintenance of the 
 14.4   metropolitan disposal system unless the commission does not have 
 14.5   and cannot hire employees to perform the work needed. 
 14.6      Sec. 12.  [473.5045] [IMPLEMENTATION PLAN.] 
 14.7      Subdivision 1.  [REQUIREMENT; PURPOSE.] The commission 
 14.8   shall adopt an implementation plan meeting the requirements of 
 14.9   this section.  The implementation plan must implement and 
 14.10  effectuate the policy plan adopted by the council under section 
 14.11  473.146.  The implementation plan must cover the period or 
 14.12  periods prescribed in the council's policy plan. 
 14.13     Subd. 2.  [CONTENT.] The implementation plan must include 
 14.14  the following: 
 14.15     (1) a statement of objectives and priorities for capital 
 14.16  development, services, and system management; 
 14.17     (2) a statement of commission plans to achieve the 
 14.18  objectives, describing the functions, services, and systems that 
 14.19  will be provided by or under the direction or auspices of the 
 14.20  commission; 
 14.21     (3) a statement of how the commission's objectives, 
 14.22  priorities, and plans will implement and effectuate the 
 14.23  council's policy plan; 
 14.24     (4) a statement of the fiscal implications of the 
 14.25  commission's plan, including a statement of:  
 14.26     (i) the anticipated expenditure of public and private 
 14.27  funds, for capital developments, services, and system 
 14.28  administration and management, and the changes in expenditure 
 14.29  levels that the plan represents; 
 14.30     (ii) the resources available under existing fiscal policy 
 14.31  and additional resources, if any, that are or may be required to 
 14.32  effectuate the commission's plan; 
 14.33     (iii) any changes in agency policy on regional sources of 
 14.34  revenue and changes in levels of debt, user charges, and taxes; 
 14.35     (iv) other changes in existing fiscal policy, on regional 
 14.36  revenues and intergovernmental aids respectively, that are 
 15.1   expected or that the commission has recommended or may 
 15.2   recommend; and 
 15.3      (v) the effect on functions and levels and types of 
 15.4   services, and the commission's contingency and cost-containment 
 15.5   strategies, if the additional resources required to effectuate 
 15.6   the commission's plan do not become available; 
 15.7      (5) a statement of the standards, criteria, and procedures 
 15.8   that the commission will use in monitoring and evaluating the 
 15.9   results of the implementation plan; 
 15.10     (6) a statement of the effect of the plan on the 
 15.11  responsibilities of other governmental units; 
 15.12     (7) the services and systems management component required 
 15.13  by subdivision 3 and the capital investment component required 
 15.14  by subdivision 4; and 
 15.15     (8) other information that the council or commission deems 
 15.16  appropriate. 
 15.17     Subd. 3.  [SERVICES AND SYSTEMS MANAGEMENT.] The plan must 
 15.18  include a services and systems management component that 
 15.19  describes the levels and costs of services that will be provided 
 15.20  to service areas and populations within the metropolitan area.  
 15.21  The component must describe:  
 15.22     (1) service needs, objectives, and priorities; 
 15.23     (2) changes in existing services; 
 15.24     (3) deployment of new services; 
 15.25     (4) distribution and coordination of services; 
 15.26     (5) timing, priority, and location, with maps, of service 
 15.27  areas, facilities, levels of service, and similar matters; 
 15.28     (6) delivery methods and providers; 
 15.29     (7) system management and administration; 
 15.30     (8) costs; 
 15.31     (9) manner of finance and revenue sources, including 
 15.32  federal and state funds, private funds, taxes, and user charges; 
 15.33  and 
 15.34     (10) fiscal effects. 
 15.35     Subd. 4.  [CAPITAL INVESTMENT.] The plan must include a 
 15.36  capital investment component that sets forth a capital 
 16.1   investment strategy and estimates the fiscal and other effects 
 16.2   of the strategy.  The component must specify, to the extent 
 16.3   practicable, the capital improvements to be undertaken.  For 
 16.4   each improvement specified, the plan must describe:  
 16.5      (1) need, function, objective, and relative priority; 
 16.6      (2) alternatives, including alternatives not involving 
 16.7   capital expenditures; 
 16.8      (3) location and schedule of development; 
 16.9      (4) environmental, social, and economic effects; 
 16.10     (5) costs; 
 16.11     (6) manner of finance and revenue sources, including 
 16.12  federal and state funds, private funds, taxes, and user charges; 
 16.13  and 
 16.14     (7) fiscal effects, including an estimate of annual 
 16.15  operating costs and sources of revenue to pay the costs. 
 16.16     Subd. 5.  [PROCEDURE; REVIEW AND APPROVAL BY COUNCIL.] The 
 16.17  commission must submit the implementation plan to the council 
 16.18  for review at the time or times stated in the policy plan.  The 
 16.19  commission shall hold a public hearing on the plan before 
 16.20  submitting it to the council and shall transmit a report of the 
 16.21  hearing to the council along with the plan.  The council shall 
 16.22  complete its review within 90 days after receipt of the proposed 
 16.23  implementation plan.  In the course of its review of the 
 16.24  implementation plan, the council shall publish an analysis and 
 16.25  evaluation of the success of the commission in effectuating the 
 16.26  council's policy plan.  If the council determines that the 
 16.27  implementation plan is consistent with the policy plan, it shall 
 16.28  approve the plan as submitted.  If the council determines that 
 16.29  the implementation plan or part of it is inconsistent with the 
 16.30  policy plan, it shall disapprove it and require the commission 
 16.31  to make revisions in the implementation plan necessary to bring 
 16.32  it into conformance with the policy plan.  The commission shall 
 16.33  make the revisions required by the council with 60 days, or a 
 16.34  longer period agreed to by the council, and resubmit the plan to 
 16.35  the council for review.  If the commission does not make the 
 16.36  revisions required by the council in the time allowed, the 
 17.1   council shall hold a public hearing on the matter in dispute.  
 17.2   At the hearing, the council shall present its position on the 
 17.3   required revisions, shall allow the commission to present its 
 17.4   objections to the revisions, and shall allow all persons to 
 17.5   present their views on the matter.  Following the hearing, the 
 17.6   council shall prepare a report on the hearing, including a 
 17.7   summary of the disagreeing positions of the council and the 
 17.8   commission, and shall make a final decision on the revision.  If 
 17.9   the council decides to require revision, the council's decision 
 17.10  shall contain specific changes in the implementation plan.  The 
 17.11  changes contained in the council's decision are binding on the 
 17.12  commission and are part of the implementation plan required to 
 17.13  be adopted and implemented by the commission under subdivision 7.
 17.14     Subd. 6.  [AMENDMENT.] At least biennially the commission 
 17.15  shall review the implementation plan, make the revisions 
 17.16  necessary, and submit the plan to the council for its review as 
 17.17  provided in this section. 
 17.18     Subd. 7.  [ADOPTION; EFFECT.] The commission shall adopt 
 17.19  and implement the implementation plan, with the revisions 
 17.20  required by the council, within 60 days of the council 
 17.21  completing its review and making a final decision on the 
 17.22  proposed plan.  The activities of the commission, including its 
 17.23  priorities and timing, must be consistent with its approved and 
 17.24  adopted implementation plan or be specifically approved by the 
 17.25  council.  The council may not approve any activity not in 
 17.26  substantial conformance with the appropriate policy plan. 
 17.27     Sec. 13.  [473.5046] [COMMISSION BUDGET PREPARATION; REVIEW 
 17.28  AND APPROVAL.] 
 17.29     Subdivision 1.  [REQUIREMENT.] The commission shall prepare 
 17.30  a proposed budget by August 1 of each year.  The budget must be 
 17.31  consistent with and effectuate the implementation plan.  The 
 17.32  budget must show for each year: 
 17.33     (1) the estimated operating revenues from all sources 
 17.34  including funds on hand at the beginning of the year, and 
 17.35  estimated expenditures for costs of operation, administration, 
 17.36  maintenance, and debt service; 
 18.1      (2) capital improvement funds estimated to be on hand at 
 18.2   the beginning of the year and estimated to be received during 
 18.3   the year from all sources and estimated cost of capital 
 18.4   improvements to be paid out or expended during the year; all in 
 18.5   such detail and form as the council may prescribe; and 
 18.6      (3) the estimated source and use of pass-through funds. 
 18.7      Subd. 2.  [PROCEDURE; APPROVAL OF COUNCIL.] As early as 
 18.8   practicable before August 15 of each year, the commission shall 
 18.9   hold a public hearing on a draft of the proposed budget.  Along 
 18.10  with the draft, the commission shall publish a report on user 
 18.11  charges.  The report must include an estimate and analysis of 
 18.12  the changes in user charges, rates, and fees that will be 
 18.13  required by the commission's budget.  Not less than 14 days 
 18.14  before the hearing, the commission shall publish notice of the 
 18.15  hearing in a newspaper having general circulation in the 
 18.16  metropolitan area, stating the date, time, and place of hearing, 
 18.17  and the place where the proposed budget and report on user 
 18.18  charges may be examined by any interested person.  Following the 
 18.19  hearing, the commission shall publish a report of the hearing 
 18.20  that summarizes the comments received and the commission's 
 18.21  response.  Those parts of the budget relating to revenues and 
 18.22  expenditures for capital improvements must be submitted to the 
 18.23  council by August 15 of each year for review and approval by the 
 18.24  council.  The council shall act to approve or disapprove by 
 18.25  October 1 of each year.  Before December 15 of each year, the 
 18.26  commission shall by resolution adopt a final budget.  The 
 18.27  commission shall file its final budget with the council on or 
 18.28  before December 20 of each year.  The council shall file the 
 18.29  budgets with the secretary of the senate and the clerk of the 
 18.30  house of representatives not later than January 1 of each year. 
 18.31     Subd. 3.  [EFFECT.] Except in an emergency, for which 
 18.32  procedures must be established by the commission, the commission 
 18.33  and its officers, agents, and employees may not spend money for 
 18.34  any purpose, other than debt service, without an appropriation 
 18.35  by the commission, and no obligation to make such an expenditure 
 18.36  shall be enforceable except as the obligation of the person or 
 19.1   persons incurring it.  The creation of any debt obligation or 
 19.2   the receipt of any federal or state grant is a sufficient 
 19.3   appropriation of the proceeds for the purpose for which it is 
 19.4   authorized, and of the tax or other revenues pledged to pay the 
 19.5   obligation and interest on it whether or not specifically 
 19.6   included in any annual budget.  After obtaining approval of the 
 19.7   council required under subdivision 2, the commission may amend 
 19.8   the budget at any time by transferring any appropriation from 
 19.9   one purpose to another except appropriations of the proceeds of 
 19.10  bonds issued for a specific purpose. 
 19.11     Sec. 14.  Minnesota Statutes 1998, section 473.505, is 
 19.12  amended to read: 
 19.13     473.505 [TOTAL WATERSHED MANAGEMENT.] 
 19.14     The metropolitan council commission may enter into 
 19.15  agreements with other governmental bodies and agencies and spend 
 19.16  funds to implement total watershed management.  "Total watershed 
 19.17  management" means identifying and quantifying at a watershed 
 19.18  level the (1) sources of pollution, both point and nonpoint, (2) 
 19.19  causes of conditions that may or may not be a result of 
 19.20  pollution, and (3) means of reducing pollution or alleviating 
 19.21  adverse conditions.  The purpose of total watershed management 
 19.22  is to achieve the best water quality for waters of the state 
 19.23  receiving the effluent of the metropolitan disposal system for 
 19.24  the lowest total costs, without regard to who will incur those 
 19.25  costs. 
 19.26     Sec. 15.  Minnesota Statutes 1998, section 473.511, is 
 19.27  amended to read: 
 19.28     473.511 [SEWER SERVICE FUNCTION.] 
 19.29     Subdivision 1.  [DUTY OF COUNCIL COMMISSION; ACQUISITION OF 
 19.30  EXISTING FACILITIES; NEW FACILITIES.] At any time after January 
 19.31  1, 1970, until July 1, 1994, the former metropolitan waste 
 19.32  control commission, and after July 1, 1994, the council, and 
 19.33  after the effective date of this section, the commission shall 
 19.34  assume ownership of all existing interceptors and treatment 
 19.35  works which will be needed to implement the council's 
 19.36  comprehensive plan for the collection, treatment, and disposal 
 20.1   of sewage in the metropolitan area, in the manner and subject to 
 20.2   the conditions prescribed in subdivisions 2 and 4, and shall 
 20.3   thereafter acquire, construct, equip, operate and maintain all 
 20.4   additional interceptors and treatment works which will be needed 
 20.5   for such purpose.  The council commission shall assume ownership 
 20.6   of all treatment works owned by a local government unit if any 
 20.7   part of such treatment works will be needed for such purpose. 
 20.8      Subd. 2.  [METHOD OF ACQUISITION; EXISTING DEBT.] The 
 20.9   council commission may require any local government unit to 
 20.10  transfer to the council commission, all of its right, title, and 
 20.11  interest in any interceptors or treatment works and all 
 20.12  necessary appurtenances thereto owned by such local government 
 20.13  unit which will be needed for the purpose stated in subdivision 
 20.14  1.  Appropriate instruments of conveyance for all such property 
 20.15  shall be executed and delivered to the council commission by the 
 20.16  proper officers of each local government unit concerned.  All 
 20.17  persons regularly employed by a local government unit to operate 
 20.18  and maintain any treatment works so transferred to the council 
 20.19  commission, on the date on which the transfer becomes effective, 
 20.20  shall be employees of the council commission, in the same manner 
 20.21  and with the same options and rights as are reserved to 
 20.22  employees of sanitary districts and joint boards under 
 20.23  subdivision 3.  The council commission, upon assuming ownership 
 20.24  of any such interceptors or treatment works, shall become 
 20.25  obligated to pay to such local government unit amounts 
 20.26  sufficient to pay when due all remaining principal of and 
 20.27  interest on bonds issued by such local government unit for the 
 20.28  acquisition or betterment of the interceptors or treatment works 
 20.29  taken over.  Such amounts may be offset against any amount to be 
 20.30  paid to the council commission by the local government unit as 
 20.31  provided in section 473.517. 
 20.32     Subd. 3.  [EXISTING SANITARY DISTRICTS AND JOINT SEWER 
 20.33  BOARDS.] Effective January 1, 1971, the corporate existence of 
 20.34  the Minneapolis-St. Paul Sanitary District, the North Suburban 
 20.35  Sanitary Sewer District, and any joint board created by 
 20.36  agreement among local government units pursuant to section 
 21.1   471.59, to provide interceptors and treatment works for such 
 21.2   local government units, shall terminate.  All persons regularly 
 21.3   employed by such sanitary districts and joint boards on that 
 21.4   date or on any earlier date on which the former waste control 
 21.5   commission pursuant to subdivisions 1 and 2 assumed ownership 
 21.6   and control of any interceptors or treatment works owned or 
 21.7   operated by such sanitary districts and joint boards, and who 
 21.8   are employees of the commission on July 1, 1994, and who are 
 21.9   employees of the council on the effective date of this section, 
 21.10  shall be employees of the council commission, and may at their 
 21.11  option become members of the Minnesota state retirement system 
 21.12  or may continue as members of a public retirement association 
 21.13  under chapter 422A or any other law, to which they belonged 
 21.14  before such date, and shall retain all pension rights which they 
 21.15  may have under such latter laws, and all other rights to which 
 21.16  they are entitled by contract or law.  Members of trades who are 
 21.17  employed by the former metropolitan waste control commission, 
 21.18  who have trade union pension coverage pursuant to a collective 
 21.19  bargaining agreement, and who elected exclusion from coverage 
 21.20  pursuant to section 473.512, or who are first employed after 
 21.21  July 1, 1977, shall not be covered by the Minnesota state 
 21.22  retirement system.  The council commission shall make the 
 21.23  employer's contributions to pension funds of its employees.  
 21.24  Such employees shall perform such duties as may be prescribed by 
 21.25  the council commission.  All funds of such sanitary districts 
 21.26  and joint boards then on hand, and all subsequent collections of 
 21.27  taxes, special assessments or service charges levied or imposed 
 21.28  by or for such sanitary districts or joint boards shall be 
 21.29  transferred to the council commission.  The local government 
 21.30  units otherwise entitled to such cash, taxes, assessments or 
 21.31  service charges shall be credited with such amounts, and such 
 21.32  credits shall be offset against any amounts to be paid by them 
 21.33  to the council commission as provided in section 473.517.  The 
 21.34  former metropolitan waste control commission, and on July 1, 
 21.35  1994, the council, and on the effective date of this section, 
 21.36  the metropolitan waste control commission, shall succeed to and 
 22.1   become vested by action of law with all right, title and 
 22.2   interest in and to any property, real or personal, owned or 
 22.3   operated by such sanitary districts and joint boards.  Prior to 
 22.4   that date the proper officers of such sanitary districts and 
 22.5   joint boards, or the former metropolitan waste control 
 22.6   commission, or the council, shall execute and deliver to 
 22.7   the council commission all deeds, conveyances, bills of sale, 
 22.8   and other documents or instruments required to vest in 
 22.9   the council commission good and marketable title to all such 
 22.10  real or personal property; provided that vesting of the title 
 22.11  shall occur by operation of law and failure to execute and 
 22.12  deliver the documents shall not affect the vesting of title in 
 22.13  the former metropolitan waste control commission or, the 
 22.14  council, or the commission on the dates indicated in this 
 22.15  subdivision.  The council commission shall become obligated to 
 22.16  pay or assume all bonded or other debt and contract obligations 
 22.17  incurred by the former metropolitan waste control commission or 
 22.18  the council, or by such sanitary districts and joint boards, or 
 22.19  incurred by local government units for the acquisition or 
 22.20  betterment of any interceptors or treatment works owned or 
 22.21  operated by such sanitary districts or joint boards. 
 22.22     Subd. 4.  [CURRENT VALUE OF EXISTING FACILITIES.] When the 
 22.23  council commission assumes the ownership of any existing 
 22.24  interceptors or treatment works as provided in subdivision 2 or 
 22.25  3, the local government unit or units which paid part or all of 
 22.26  the cost of such facility, directly or pursuant to contracts for 
 22.27  reimbursement of costs, shall be entitled to receive a credit 
 22.28  against amounts to be allocated to them under section 473.517, 
 22.29  which may be spread over such period not exceeding 30 years as 
 22.30  the council commission shall determine, and an additional credit 
 22.31  equal to interest on the unused credit balance from time to time 
 22.32  at the rate of four percent per annum.  The amount of such 
 22.33  credit shall equal the current value of the facility computed by 
 22.34  the council commission in the manner provided in this 
 22.35  subdivision at the time the council acquires it.  The original 
 22.36  cost of a facility shall be computed as the total actual costs 
 23.1   of constructing it, including engineering, legal, and 
 23.2   administrative costs, less any part of it paid from federal or 
 23.3   state funds and less the principal amount of any then 
 23.4   outstanding bonds which were issued to finance its 
 23.5   construction.  The original cost shall be multiplied by a factor 
 23.6   equal to a current cost index divided by the same cost index at 
 23.7   the time of construction, to determine replacement cost.  The 
 23.8   cost indices used shall be the Engineering News Record 
 23.9   Construction Cost Indices for facilities or parts thereof 
 23.10  completed before 1930, and the United States Public Health 
 23.11  Service Federal Water Pollution Control Values for Sewer and 
 23.12  Treatment Plant Construction, as applied to facilities or parts 
 23.13  thereof completed in or after 1930.  The current value of the 
 23.14  facility shall be the replacement cost depreciated by 2.50 
 23.15  percent per annum from the date of construction of treatment 
 23.16  works and 1.25 percent per annum from the date of construction 
 23.17  of interceptors; and decreased further by a reasonable allowance 
 23.18  for obsolescence if the council commission determines that the 
 23.19  facility or any part thereof will not be useful for council 
 23.20  commission purposes for at least the remaining period required 
 23.21  to depreciate it fully, assuming no salvage value.  The current 
 23.22  value of each such facility shall be credited to each local 
 23.23  government unit in proportion to the amount of the construction 
 23.24  cost paid by that unit, as determined by the council commission, 
 23.25  taking into account reimbursements previously made under 
 23.26  contracts between any of the local government units.  
 23.27  The council commission shall prepare an itemized statement of 
 23.28  the amount of credit each local government unit is entitled to 
 23.29  receive under this subdivision, and the years and amounts of 
 23.30  installments of principal and interest thereon, and shall cause 
 23.31  it to be mailed or delivered to the governing body of each local 
 23.32  government unit concerned.  All credits allowed under this 
 23.33  subdivision shall be used to finance current costs allocated to 
 23.34  the local government unit by the council commission or for other 
 23.35  sewer costs, and the credits shall not be considered as proceeds 
 23.36  from the sale of municipal property so as to permit their use 
 24.1   for other purposes.  At its option, the council commission may 
 24.2   make a periodic payment to each local government unit in the 
 24.3   amount of the credits provided pursuant to this subdivision, in 
 24.4   lieu of a credit against amounts to be allocated to such local 
 24.5   government units under section 473.517. 
 24.6      Sec. 16.  Minnesota Statutes 1998, section 473.512, 
 24.7   subdivision 1, is amended to read: 
 24.8      Subdivision 1.  [QUALIFICATION, CONDITIONS.] A member of a 
 24.9   trade who is employed by the former metropolitan waste control 
 24.10  commission, and on July 1, 1994, is employed by the council, and 
 24.11  on the effective date of this section is employed by the 
 24.12  commission, on a permanent basis with trade union pension plan 
 24.13  coverage pursuant to a collective bargaining agreement shall be 
 24.14  excluded from coverage by the Minnesota state retirement system 
 24.15  if the member was first employed on or after June 1, 1977, or, 
 24.16  if the member was first employed prior to June 1, 1977, has 
 24.17  elected to be excluded from coverage by the Minnesota state 
 24.18  retirement system pursuant to subdivision 2, and has accepted a 
 24.19  refund of contributions pursuant to subdivision 3. 
 24.20     Sec. 17.  Minnesota Statutes 1998, section 473.513, is 
 24.21  amended to read: 
 24.22     473.513 [MUNICIPAL PLANS AND PROGRAMS.] 
 24.23     As soon as practicable after the adoption of the first 
 24.24  long-term policy plan by the council as provided in section 
 24.25  473.146, and before undertaking the construction of any 
 24.26  extensions or additions to its disposal system or the 
 24.27  substantial alteration or improvement of its existing disposal 
 24.28  system, each local government unit shall adopt a similar policy 
 24.29  plan for the collection, treatment and disposal of sewage for 
 24.30  which the local government unit is responsible, coordinated with 
 24.31  the council's plan, and may revise the same as often as it deems 
 24.32  necessary.  Each such plan shall be submitted forthwith to 
 24.33  the council commission for review and shall be subject to the 
 24.34  approval of the council commission as to those features 
 24.35  affecting the council's commission's responsibilities as 
 24.36  determined by the council commission.  Any such features 
 25.1   disapproved by the council commission shall be modified in 
 25.2   accordance with the council's commission's recommendations.  No 
 25.3   construction of new sewers or other disposal facilities, and no 
 25.4   substantial alteration or improvement of any existing sewers or 
 25.5   other disposal facilities involving such features, shall be 
 25.6   undertaken by any local government unit unless its governing 
 25.7   body shall first find the same to be in accordance with its 
 25.8   comprehensive plan and program as approved by the council 
 25.9   commission.  At the time each local government unit makes 
 25.10  application to the Minnesota pollution control agency for a 
 25.11  permit to alter or improve its disposal system it shall file 
 25.12  with the council commission a copy of the application together 
 25.13  with design data and a location map of the project.  
 25.14     Sec. 18.  Minnesota Statutes 1998, section 473.515, is 
 25.15  amended to read: 
 25.16     473.515 [SEWAGE COLLECTION AND DISPOSAL; POWERS.] 
 25.17     Subdivision 1.  [IDENTIFICATION OF POWERS.] In addition to 
 25.18  all other powers conferred upon or delegated to the 
 25.19  council commission hereunder, it shall have the powers specified 
 25.20  in this section.  
 25.21     Subd. 2.  [RIGHT TO DISCHARGE TREATED SEWAGE.] The 
 25.22  council commission shall have the right to discharge the 
 25.23  effluent from any treatment works operated by it into any waters 
 25.24  of the state in accordance with any effluent or water quality 
 25.25  standards lawfully adopted by the pollution control agency.  
 25.26     Subd. 3.  [CONNECTIONS WITH METROPOLITAN SYSTEM.] The 
 25.27  council commission may require any person or local government 
 25.28  unit in the metropolitan area to provide for the discharge of 
 25.29  its sewage, directly or indirectly, into the metropolitan 
 25.30  disposal system, or to connect any disposal system or part 
 25.31  thereof with the metropolitan disposal system wherever 
 25.32  reasonable opportunity therefor is provided; may regulate the 
 25.33  manner in which such connections are made; may require any 
 25.34  person or local government unit discharging sewage into the 
 25.35  metropolitan disposal system to provide preliminary treatment 
 25.36  therefor; may prohibit the discharge into the metropolitan 
 26.1   disposal system of any substance which it determines will or may 
 26.2   be harmful to the system or any persons operating it; and may 
 26.3   require any local government unit to discontinue the 
 26.4   acquisition, betterment, or operation of any facility for its 
 26.5   disposal system wherever and so far as adequate service is or 
 26.6   will be provided by the metropolitan disposal system.  
 26.7      Sec. 19.  Minnesota Statutes 1998, section 473.5155, 
 26.8   subdivision 1, is amended to read: 
 26.9      Subdivision 1.  [REMEDIES AVAILABLE.] (a) For purposes of 
 26.10  this section, "violation" means any discharge or action by a 
 26.11  person that violates sections 473.501 to 473.549 or rules, 
 26.12  standards, variances, limitations, orders, stipulations, 
 26.13  agreements, schedules of compliance, or permits that are issued 
 26.14  or adopted by the council commission under sections 473.501 to 
 26.15  473.549. 
 26.16     (b) Each violation may be enforced by any one or a 
 26.17  combination of the following:  criminal prosecution, civil 
 26.18  action, or other appropriate action in accordance with sections 
 26.19  473.501 to 473.549.  
 26.20     Sec. 20.  Minnesota Statutes 1998, section 473.516, is 
 26.21  amended to read: 
 26.22     473.516 [WASTE FACILITIES; SEWAGE SLUDGE DISPOSAL.] 
 26.23     Subdivision 1.  [ACQUISITION AND OPERATION.] Without 
 26.24  limiting the grant or enumeration of any of the powers conferred 
 26.25  on the council commission under sections 473.501 to 473.549, the 
 26.26  council commission shall have the specific power to acquire by 
 26.27  purchase, lease, condemnation, gift or grant any real or 
 26.28  personal property, positive and negative easements and water and 
 26.29  air rights, and it may construct, enlarge, improve, replace, 
 26.30  repair, maintain and operate waste facilities in the 
 26.31  metropolitan area deemed to be necessary or convenient in 
 26.32  connection with the processing or disposal of waste resulting 
 26.33  from sewage treatment, and the council may contract for the 
 26.34  maintenance and operation of such waste facilities, subject to 
 26.35  the bidding requirements of section 473.523.  The council 
 26.36  commission may accept for processing waste derived from outside 
 27.1   the metropolitan area in the state, as well as waste derived 
 27.2   from within the metropolitan area, and may fix and collect fees 
 27.3   and charges for the acceptance of waste as the 
 27.4   council commission determines to be reasonable. 
 27.5      Subd. 2.  [GENERAL REQUIREMENTS.] With respect to its 
 27.6   activities under this section, the council commission shall be 
 27.7   subject to and comply with the applicable provisions of this 
 27.8   chapter.  Property acquired by the council commission under this 
 27.9   section shall be subject to the provisions of section 473.545.  
 27.10  Any site or facility owned or operated for or by the council 
 27.11  commission shall conform to the policy plan adopted under 
 27.12  section 473.149.  The council shall contract with private 
 27.13  persons for the construction, maintenance, and operation of 
 27.14  waste facilities, subject to the bidding requirements of section 
 27.15  473.523, where the facilities are adequate and available for use 
 27.16  and competitive with other means of providing the same service. 
 27.17     Subd. 3.  [LOCAL RESTRICTIONS.] Counties and local units of 
 27.18  government may impose conditions respecting the construction, 
 27.19  operation, inspection, monitoring, and maintenance of a waste 
 27.20  facility of the council commission and conditions respecting the 
 27.21  sale, gift, delivery, storage, use, and disposal of sewage 
 27.22  sludge of the council commission on private property as a soil 
 27.23  conditioner or amendment, but only in the manner and only to the 
 27.24  extent authorized and approved by the council commission and the 
 27.25  pollution control agency as being consistent with the 
 27.26  establishment and use of the council's commission's waste 
 27.27  facilities and the disposal of the council's commission's sewage 
 27.28  sludge on private property in accordance with the council's 
 27.29  plan, adopted under Minnesota Statutes 1992, section 473.153, 
 27.30  and agency permits and rules.  Counties may exercise the 
 27.31  enforcement powers granted under section 473.811, subdivision 
 27.32  5c, in the manner and to the extent authorized and approved in 
 27.33  accordance with this subdivision.  
 27.34     Subd. 4.  [TECHNICAL MONITORING; SEWAGE SLUDGE DISPOSAL.] 
 27.35  Each sewage sludge disposal facility of the council commission, 
 27.36  or site used for the disposal of sewage sludge of the council 
 28.1   commission, shall be required to have an agency permit issued 
 28.2   pursuant to agency rules for permitting sewage sludge disposal 
 28.3   facilities and sites.  Each permit shall require a regular 
 28.4   monitoring and testing program to be carried out by the council 
 28.5   commission.  A regular inspection program shall be conducted by 
 28.6   the agency or a county under contract to the agency.  
 28.7   The council commission shall reimburse the agency quarterly for 
 28.8   the cost of the program, and the amounts reimbursed are hereby 
 28.9   appropriated to the agency for the purposes of the program.  The 
 28.10  council commission shall attempt to the greatest practical 
 28.11  extent to provide a sludge quality that permits desired nutrient 
 28.12  loadings and minimizes elements not essential for plant growth 
 28.13  when sludge is disposed of on private property as a soil 
 28.14  conditioner or amendment.  The council commission shall provide 
 28.15  recipients with information on the facility generating the 
 28.16  sludge and the content of the sludge taken from its various 
 28.17  treatment facilities.  
 28.18     Subd. 5.  [SLUDGE ASH CONTRACTS.] Notwithstanding section 
 28.19  473.523, the council commission may enter into a negotiated 
 28.20  contract with a private person to use the sludge ash generated 
 28.21  by the council commission in a manufacturing process.  The 
 28.22  contract may not exceed 30 years. 
 28.23     Sec. 21.  Minnesota Statutes 1998, section 473.517, 
 28.24  subdivision 1, is amended to read: 
 28.25     Subdivision 1.  [ALLOCATION METHOD.] Except as provided in 
 28.26  subdivision 3, the estimated costs of operation, maintenance, 
 28.27  and debt service of the metropolitan disposal system to be paid 
 28.28  by the council commission in each fiscal year, and the costs of 
 28.29  acquisition and betterment of the system which are to be paid 
 28.30  during the year from funds other than bond proceeds, including 
 28.31  all expenses incurred by the council commission pursuant to 
 28.32  sections 473.501 to 473.545, are referred to in this section as 
 28.33  current costs, and shall be allocated among and paid by all 
 28.34  local government units which will discharge sewage, directly or 
 28.35  indirectly, into the metropolitan disposal system during the 
 28.36  budget year according to an allocation method determined by 
 29.1   the council commission.  The allocated costs may include an 
 29.2   amount for a reserve or contingency fund and an amount for cash 
 29.3   flow management.  The cash flow management fund so established 
 29.4   must not exceed five percent of the council's commission's total 
 29.5   waste control operating budget. 
 29.6      Sec. 22.  Minnesota Statutes 1998, section 473.517, 
 29.7   subdivision 3, is amended to read: 
 29.8      Subd. 3.  [ALLOCATION OF TREATMENT, INTERCEPTOR COSTS; 
 29.9   RESERVED CAPACITY.] In preparing each budget the council 
 29.10  commission shall estimate the current costs of acquisition, 
 29.11  betterment, and debt service, only, of the treatment works in 
 29.12  the metropolitan disposal system which will not be used to total 
 29.13  capacity during the budget year, and the percentage of such 
 29.14  capacity which will not be used, and shall deduct the same 
 29.15  percentage of such treatment works costs from the current costs 
 29.16  allocated under subdivision 1.  The council commission shall 
 29.17  also estimate the current costs of acquisition, betterment, and 
 29.18  debt service, only, of the interceptors in the metropolitan 
 29.19  disposal system that will not be used to total capacity during 
 29.20  the budget year, shall estimate the percentage of the total 
 29.21  capacity that will not be used, and shall deduct the same 
 29.22  percentage of interceptor costs from the current costs allocated 
 29.23  under subdivision 1.  The total amount so deducted with respect 
 29.24  to all treatment works and interceptors in the system shall be 
 29.25  allocated among and paid by the respective local government 
 29.26  units in the metropolitan area for which system capacity unused 
 29.27  each year is reserved for future use, in proportion to the 
 29.28  amounts of such capacity reserved for each of them.  
 29.29     Sec. 23.  Minnesota Statutes 1998, section 473.517, 
 29.30  subdivision 6, is amended to read: 
 29.31     Subd. 6.  [DEFERMENT OF PAYMENTS.] The council commission 
 29.32  may provide for the deferment of payment of all or part of the 
 29.33  allocated costs which are allocated by the council commission to 
 29.34  a local government unit in any year pursuant to subdivision 3, 
 29.35  repayable at such time or times as the council commission shall 
 29.36  specify, with interest at the approximate average annual rate 
 30.1   borne by council commission bonds outstanding at the time of the 
 30.2   deferment, as determined by the council commission.  Such 
 30.3   deferred costs shall be allocated to and paid by all local 
 30.4   government units in the metropolitan area which will discharge 
 30.5   sewage, directly or indirectly, into the metropolitan disposal 
 30.6   system in the budget year for which the deferment is granted, in 
 30.7   the same manner and proportions as costs are allocated under 
 30.8   subdivision 1. 
 30.9      Sec. 24.  Minnesota Statutes 1998, section 473.519, is 
 30.10  amended to read: 
 30.11     473.519 [FEDERAL WATER POLLUTION CONTROL ACT AMENDMENTS OF 
 30.12  1972; SYSTEM OF CHARGES.] 
 30.13     Each local government unit shall adopt a system of charges 
 30.14  for the use and availability of the metropolitan disposal system 
 30.15  which will assure that each recipient of waste treatment 
 30.16  services within or served by the unit will pay its proportionate 
 30.17  share of the costs allocated to the unit by the council 
 30.18  commission under section 473.517, as required by the federal 
 30.19  Water Pollution Control Act amendments of 1972, and any 
 30.20  regulations issued pursuant thereto.  Each system of charges 
 30.21  shall be adopted as soon as possible and shall be submitted to 
 30.22  the council commission.  The council commission shall review 
 30.23  each system of charges to determine whether it complies with the 
 30.24  federal law and regulations.  If it determines that a system of 
 30.25  charges does not comply, the adopting unit shall be notified and 
 30.26  shall change its system to comply, and shall submit the changes 
 30.27  to the council commission for review.  All subsequent changes in 
 30.28  a system of charges proposed by a local government unit shall 
 30.29  also be submitted to the council commission for review.  
 30.30     Sec. 25.  Minnesota Statutes 1998, section 473.521, is 
 30.31  amended to read: 
 30.32     473.521 [PAYMENTS TO COUNCIL COMMISSION.] 
 30.33     Subdivision 1.  [AMOUNTS DUE COUNCIL COMMISSION, WHEN 
 30.34  PAYABLE.] Charges payable to the council commission by local 
 30.35  government units may be made payable at such times during each 
 30.36  year as the council commission determines, but such dates shall 
 31.1   be fixed with reference to the dates on which tax, assessment, 
 31.2   and revenue collections become available to the government units 
 31.3   required to pay such charges.  
 31.4      Subd. 2.  [COMPONENT MUNICIPALITIES, OBLIGATIONS TO COUNCIL 
 31.5   COMMISSION.] Each government unit shall pay to the council 
 31.6   commission all sums charged to it as provided in section 
 31.7   473.517, at the times and in the manner determined by 
 31.8   the council commission.  The governing body of each such 
 31.9   government unit shall take all action that may be necessary to 
 31.10  provide the funds required for such payments and to make the 
 31.11  same when due.  
 31.12     Subd. 3.  [POWERS OF GOVERNMENT UNITS.] To accomplish any 
 31.13  duty imposed on it by the council commission, the governing body 
 31.14  of every government unit in the metropolitan area may exercise 
 31.15  the powers granted any municipality by chapters 117, 412, 429, 
 31.16  475, sections 115.46, 444.075 and 471.59.  
 31.17     Subd. 4.  [DEFICIENCY TAX LEVIES.] If the governing body of 
 31.18  any local government unit fails to meet any payment to 
 31.19  the council commission hereunder when due, the metropolitan 
 31.20  council may certify to the auditor of the county in which the 
 31.21  government unit is located the amount required for payment of 
 31.22  such amount with interest at six percent per annum.  The auditor 
 31.23  shall levy and extend such amount as a tax upon all taxable 
 31.24  property in the government unit for the next calendar year, free 
 31.25  from any existing limitations imposed by law or charter.  Such 
 31.26  tax shall be collected in the same manner as the general taxes 
 31.27  of the government unit, and the proceeds thereof, when 
 31.28  collected, shall be paid by the county treasurer to the 
 31.29  treasurer of the council commission and credited to the 
 31.30  government unit for which the tax was levied. 
 31.31     Sec. 26.  Minnesota Statutes 1998, section 473.523, is 
 31.32  amended to read: 
 31.33     473.523 [CONTRACTS FOR CONSTRUCTION MATERIALS, SUPPLIES, 
 31.34  AND EQUIPMENT.] 
 31.35     Subdivision 1.  All contracts for construction work, or for 
 31.36  the purchase of materials, supplies, or equipment relating to 
 32.1   the metropolitan disposal system shall be made as provided in 
 32.2   section 471.345, subdivisions 3 to 6.  Contracts subject to 
 32.3   section 471.345, subdivision 3, shall be made by the council 
 32.4   commission by publishing once in a legal newspaper or trade 
 32.5   paper published in a city of the first class not less than two 
 32.6   weeks before the last day for submission of bids, notice that 
 32.7   bids or proposals will be received.  Such notice shall state the 
 32.8   nature of the work or purchase and the terms and conditions upon 
 32.9   which the contract is to be awarded, and a time and place where 
 32.10  such bids will be received, opened, and read publicly.  After 
 32.11  such bids have been duly received, opened, read publicly, and 
 32.12  recorded, the council commission shall award such contract to 
 32.13  the lowest responsible bidder or it may reject all bids and 
 32.14  readvertise.  Each contract shall be duly executed in writing 
 32.15  and the party to whom the contract is awarded shall give 
 32.16  sufficient bond or security to the board for the faithful 
 32.17  performance of the contract as required by law.  The council 
 32.18  commission shall have the right to set qualifications and 
 32.19  specifications and to require bids to meet all such 
 32.20  qualifications and specifications before being accepted.  If the 
 32.21  council commission by an affirmative vote of two-thirds of its 
 32.22  members declares that an emergency exists requiring the 
 32.23  immediate purchase of materials or supplies at a cost in excess 
 32.24  of the amount specified in section 471.345, subdivision 3, or in 
 32.25  making emergency repairs, it shall not be necessary to advertise 
 32.26  for bids. 
 32.27     Subd. 2.  The manager of wastewater services may chief 
 32.28  administrator, without prior approval of the council commission 
 32.29  and without advertising for bids, enter into any contract of the 
 32.30  type referred to in subdivision 1 which is not in excess of the 
 32.31  amount specified in section 471.345, subdivision 3.  
 32.32     Sec. 27.  Minnesota Statutes 1998, section 473.541, 
 32.33  subdivision 2, is amended to read: 
 32.34     Subd. 2.  [EMERGENCY CERTIFICATES OF INDEBTEDNESS.] If in 
 32.35  any budget year the receipts of tax and other revenues should 
 32.36  from some unforeseen cause become insufficient to pay the 
 33.1   council's commission's current wastewater control expenses, or 
 33.2   if any calamity or other public emergency should subject it to 
 33.3   the necessity of making extraordinary wastewater control 
 33.4   expenditures, the council may make an emergency appropriation of 
 33.5   an amount sufficient to meet the deficiency and may authorize 
 33.6   the issuance, negotiation, and sale of certificates of 
 33.7   indebtedness in this amount in the same manner and upon the same 
 33.8   conditions as provided in subdivision 1, except that the council 
 33.9   shall forthwith levy on all taxable property in the metropolitan 
 33.10  area a tax sufficient to pay the certificates and interest 
 33.11  thereon, and shall appropriate all collections of such tax to a 
 33.12  special fund created for that purpose.  The certificates may 
 33.13  mature not later than April in the year following the year in 
 33.14  which the tax is collectible.  
 33.15     Sec. 28.  Minnesota Statutes 1998, section 473.542, is 
 33.16  amended to read: 
 33.17     473.542 [DEPOSITORIES.] 
 33.18     The council commission shall from time to time designate 
 33.19  one or more national or state banks, or trust companies 
 33.20  authorized to do a banking business, as official depositories 
 33.21  for moneys of the council commission, and thereupon shall 
 33.22  require the treasurer to deposit all or a part of such moneys in 
 33.23  such institutions.  Such designation shall be in writing and 
 33.24  shall set forth all the terms and conditions upon which the 
 33.25  deposits are made, and shall be signed by the chair and 
 33.26  treasurer, and made a part of the minutes of the council 
 33.27  commission.  Any bank or trust company so designated shall 
 33.28  qualify as a depository by furnishing a corporate surety bond or 
 33.29  collateral in the amounts required by section 118A.03.  However, 
 33.30  no bond or collateral shall be required to secure any deposit 
 33.31  insofar as it is insured under federal law.  
 33.32     Sec. 29.  Minnesota Statutes 1998, section 473.543, is 
 33.33  amended to read: 
 33.34     473.543 [MONEYS, ACCOUNTS AND INVESTMENTS.] 
 33.35     Subdivision 1.  [DISPOSED OF AS BUDGETED; PLEDGES.] All 
 33.36  moneys from wastewater control operations received by the 
 34.1   council commission shall be deposited or invested by the 
 34.2   treasurer and disposed of as the council commission may direct 
 34.3   in accordance with its waste control budget; provided that any 
 34.4   moneys that have been pledged or dedicated by the metropolitan 
 34.5   council to the payment of obligations or interest thereon or 
 34.6   expenses incident thereto, or for any other specific purpose 
 34.7   authorized by law, shall be paid by the treasurer into the fund 
 34.8   to which they have been pledged.  
 34.9      Subd. 2.  [ACCOUNTS.] The council's commission's treasurer 
 34.10  shall establish such funds and accounts as may be necessary or 
 34.11  convenient to handle the receipts and disbursements of the 
 34.12  council commission in an orderly fashion.  
 34.13     Subd. 3.  [WHERE TO DEPOSIT; HOW TO INVEST.] The moneys on 
 34.14  hand in said funds and accounts may be deposited in the official 
 34.15  depositories of the council commission or invested as 
 34.16  hereinafter provided.  The amount thereof not currently needed 
 34.17  or required by law to be kept in cash on deposit may be invested 
 34.18  in obligations authorized for the investment of public funds by 
 34.19  section 118A.04.  Such moneys may also be held under 
 34.20  certificates of deposit issued by any official depository of the 
 34.21  council commission.  
 34.22     Subd. 4.  [BOND PROCEEDS.] The use of proceeds of all bonds 
 34.23  issued by the council commission for the acquisition and 
 34.24  betterment of interceptors or treatment works, and the use, 
 34.25  other than investment, of all moneys on hand in any sinking fund 
 34.26  or funds of the council, shall be governed by the provisions of 
 34.27  chapter 475, and the provisions of resolutions authorizing the 
 34.28  issuance of such bonds.  The bond proceeds when received shall 
 34.29  be transferred to the treasurer of the commission for 
 34.30  safekeeping, investment, and payment of capital costs. 
 34.31     Subd. 5.  [ANNUAL AUDIT.] The state auditor shall audit the 
 34.32  books and accounts of the commission at least once each year.  
 34.33  The commission shall pay to the state the total cost and 
 34.34  expenses of the examination.  The general fund shall be credited 
 34.35  with all collections made for an examination.  The council may 
 34.36  also examine the commission's books and accounts at any time. 
 35.1      Sec. 30.  Minnesota Statutes 1998, section 473.545, is 
 35.2   amended to read: 
 35.3      473.545 [PROPERTY EXEMPT FROM TAXATION.] 
 35.4      Any properties, real or personal, owned, leased, 
 35.5   controlled, used, or occupied by the council commission for any 
 35.6   purpose referred to in Minnesota Statutes 1984, section 473.502, 
 35.7   are declared to be acquired, owned, leased, controlled, used and 
 35.8   occupied for public, governmental, and municipal purposes, and 
 35.9   shall be exempt from taxation by the state or any political 
 35.10  subdivision of the state, provided that such properties shall be 
 35.11  subject to special assessments levied by a political subdivision 
 35.12  for a local improvement in amounts proportionate to and not 
 35.13  exceeding the special benefit received by the properties from 
 35.14  such improvement.  No possible use of any such properties in any 
 35.15  manner different from their use as part of the metropolitan 
 35.16  disposal system at the time shall be considered in determining 
 35.17  the special benefit received by such properties.  All such 
 35.18  assessments shall be subject to final confirmation by the 
 35.19  metropolitan council, whose determination of the benefits shall 
 35.20  be conclusive upon the political subdivision levying the 
 35.21  assessment.  
 35.22     Sec. 31.  Minnesota Statutes 1998, section 473.547, is 
 35.23  amended to read: 
 35.24     473.547 [TAX LEVIES.] 
 35.25     The council shall have power to levy taxes for debt service 
 35.26  of the metropolitan disposal system upon all taxable property 
 35.27  within the metropolitan area, without limitation of rate or 
 35.28  amount and without affecting the amount or rate of taxes which 
 35.29  may be levied by the council for other purposes or by any local 
 35.30  government unit in the area.  The council shall also have power 
 35.31  to levy taxes as provided in section 473.521.  Each of the 
 35.32  county auditors shall annually assess and extend upon the tax 
 35.33  rolls in the auditor's county the portion of the taxes levied by 
 35.34  the council in each year which is certified to the auditor by 
 35.35  the council.  Each county treasurer shall collect and make 
 35.36  settlement of such taxes with the council commission in the same 
 36.1   manner as with other political subdivisions. 
 36.2      Sec. 32.  Minnesota Statutes 1998, section 473.549, is 
 36.3   amended to read: 
 36.4      473.549 [RELATION TO EXISTING LAWS.] 
 36.5      The provisions of sections 473.501 to 473.549 shall be 
 36.6   given full effect notwithstanding the provisions of any law not 
 36.7   consistent therewith.  The powers conferred on the council and 
 36.8   the commission under sections 473.501 to 473.545 shall in no way 
 36.9   diminish or supersede the powers conferred on the pollution 
 36.10  control agency by sections 103F.701 to 103F.761 and chapters 115 
 36.11  and 116. 
 36.12     Sec. 33.  [TRANSFER.] 
 36.13     The powers, duties, assets, and liabilities of the 
 36.14  metropolitan council relating to the metropolitan disposal 
 36.15  system are transferred to the metropolitan waste control 
 36.16  commission established in this article.  Minnesota Statutes, 
 36.17  section 15.039, applies to the transfer to the extent 
 36.18  practicable. 
 36.19     Sec. 34.  [REPEALER.] 
 36.20     Minnesota Statutes 1998, sections 473.517, subdivision 9; 
 36.21  and 473.535, are repealed. 
 36.22     Sec. 35.  [APPLICATION.] 
 36.23     This article applies in the counties of Anoka, Carver, 
 36.24  Dakota, Hennepin, Ramsey, Scott, and Washington. 
 36.25     Sec. 36.  [EFFECTIVE DATE.] 
 36.26     This article is effective January 1, 2000. 
 36.27                             ARTICLE 2
 36.28                       CONFORMING AMENDMENTS
 36.29     Section 1.  Minnesota Statutes 1998, section 115.54, is 
 36.30  amended to read: 
 36.31     115.54 [TECHNICAL ADVISORY COMMITTEE.] 
 36.32     The agency shall adopt and revise rules governing waste 
 36.33  water treatment control under this chapter or chapter 116 only 
 36.34  with the advice of a technical advisory committee of seven 
 36.35  members.  One member of the committee shall be selected by each 
 36.36  of the following:  the state Consulting Engineers Council, the 
 37.1   Minnesota chapter of the Central States Water Pollution Control 
 37.2   Federation, the Association of Minnesota Counties, the state 
 37.3   Wastewater Treatment Plant Operators Association, the 
 37.4   metropolitan council waste control commission, the state 
 37.5   Association of Small Cities, and the League of Minnesota 
 37.6   Cities.  The technical advisory committee may review and advise 
 37.7   the agency on any rule or technical requirements governing the 
 37.8   wastewater treatment grant or loan program and may review the 
 37.9   work of other professional persons working on a wastewater 
 37.10  treatment project and make recommendations to those persons, the 
 37.11  agency, and the concerned municipality, in order for the agency 
 37.12  to ensure that water quality treatment standards will be met.  
 37.13  The committee shall meet at least once a year, or at the call of 
 37.14  the chair, and shall elect its chair.  The agency must provide 
 37.15  staff support for the committee, prepare committee minutes, and 
 37.16  provide information to the committee it may request.  A quorum 
 37.17  is a simple majority and official action must be by a majority 
 37.18  vote of the quorum.  The committee expires as provided in 
 37.19  section 15.059, subdivision 5. 
 37.20     Sec. 2.  Minnesota Statutes 1998, section 116.16, 
 37.21  subdivision 2, is amended to read: 
 37.22     Subd. 2.  [DEFINITIONS.] In this section and sections 
 37.23  116.17 and 116.18: 
 37.24     (1) Agency means the Minnesota pollution control agency 
 37.25  created by this chapter; 
 37.26     (2) Municipality means any county, city, town, the 
 37.27  metropolitan waste control commission, the metropolitan council, 
 37.28  or an Indian tribe or an authorized Indian tribal organization, 
 37.29  and any other governmental subdivision of the state responsible 
 37.30  by law for the prevention, control, and abatement of water 
 37.31  pollution in any area of the state; 
 37.32     (3) Water pollution control program means the Minnesota 
 37.33  state water pollution control program created by subdivision 1; 
 37.34     (4) Bond account means the Minnesota state water pollution 
 37.35  control bond account created in the state bond fund by section 
 37.36  116.17, subdivision 4; 
 38.1      (5) Terms defined in section 115.01 have the meanings 
 38.2   therein given them; 
 38.3      (6) The eligible cost of any municipal project, except as 
 38.4   otherwise provided in clause (7), includes (a) preliminary 
 38.5   planning to determine the economic, engineering, and 
 38.6   environmental feasibility of the project; (b) engineering, 
 38.7   architectural, legal, fiscal, economic, sociological, project 
 38.8   administrative costs of the agency and the municipality, and 
 38.9   other investigations and studies; (c) surveys, designs, plans, 
 38.10  working drawings, specifications, procedures, and other actions 
 38.11  necessary to the planning, design, and construction of the 
 38.12  project; (d) erection, building, acquisition, alteration, 
 38.13  remodeling, improvement, and extension of disposal systems; (e) 
 38.14  inspection and supervision of construction; and (f) all other 
 38.15  expenses of the kinds enumerated in section 475.65; 
 38.16     (7) For state grants under the state independent grants 
 38.17  program, the eligible cost includes the acquisition of land for 
 38.18  stabilization ponds, the construction of collector sewers for 
 38.19  totally unsewered statutory and home rule charter cities and 
 38.20  towns described under section 368.01, subdivision 1 or 1a, that 
 38.21  are in existence on January 1, 1985, and the provision of 
 38.22  reserve capacity sufficient to serve the reasonable needs of the 
 38.23  municipality for 20 years in the case of treatment works and 40 
 38.24  years in the case of sewer systems.  For state grants under the 
 38.25  state independent grants program, the eligible cost does not 
 38.26  include the provision of service to seasonal homes, or cost 
 38.27  increases from contingencies that exceed three percent of as-bid 
 38.28  costs or cost increases from unanticipated site conditions that 
 38.29  exceed an additional two percent of as-bid costs; 
 38.30     (8) Authority means the Minnesota public facilities 
 38.31  authority established in section 446A.03. 
 38.32     Sec. 3.  Minnesota Statutes 1998, section 116.182, 
 38.33  subdivision 1, is amended to read: 
 38.34     Subdivision 1.  [DEFINITIONS.] (a) For the purposes of this 
 38.35  section, the terms defined in this subdivision have the meanings 
 38.36  given them. 
 39.1      (b) "Agency" means the pollution control agency. 
 39.2      (c) "Authority" means the public facilities authority 
 39.3   established in section 446A.03. 
 39.4      (d) "Commissioner" means the commissioner of the pollution 
 39.5   control agency. 
 39.6      (e) "Essential project components" means those components 
 39.7   of a wastewater disposal system that are necessary to convey or 
 39.8   treat a municipality's existing wastewater flows and loadings, 
 39.9   and future wastewater flows and loadings based on 50 percent of 
 39.10  the projected residential growth of the municipality for a 
 39.11  20-year period. 
 39.12     (f) "Municipality" means a county, home rule charter or 
 39.13  statutory city, town, the metropolitan waste control commission, 
 39.14  the metropolitan council, an Indian tribe or an authorized 
 39.15  Indian tribal organization; or any other governmental 
 39.16  subdivision of the state responsible by law for the prevention, 
 39.17  control, and abatement of water pollution in any area of the 
 39.18  state. 
 39.19     (g) "Outstanding international resource value waters" are 
 39.20  the surface waters of the state in the Lake Superior Basin, 
 39.21  other than Class 7 waters and those waters designated as 
 39.22  outstanding resource value waters. 
 39.23     (h) "Outstanding resource value waters" are those that have 
 39.24  high water quality, wilderness characteristics, unique 
 39.25  scientific or ecological significance, exceptional recreation 
 39.26  value, or other special qualities that warrant special 
 39.27  protection. 
 39.28     Sec. 4.  Minnesota Statutes 1998, section 352.01, 
 39.29  subdivision 2a, is amended to read: 
 39.30     Subd. 2a.  [INCLUDED EMPLOYEES.] (a) "State employee" 
 39.31  includes: 
 39.32     (1) employees of the Minnesota historical society; 
 39.33     (2) employees of the state horticultural society; 
 39.34     (3) employees of the Disabled American Veterans, Department 
 39.35  of Minnesota, Veterans of Foreign Wars, Department of Minnesota, 
 39.36  if employed before July 1, 1963; 
 40.1      (4) employees of the Minnesota crop improvement 
 40.2   association; 
 40.3      (5) employees of the adjutant general who are paid from 
 40.4   federal funds and who are not covered by any federal civilian 
 40.5   employees retirement system; 
 40.6      (6) employees of the state universities employed under the 
 40.7   university activities program; 
 40.8      (7) currently contributing employees covered by the system 
 40.9   who are temporarily employed by the legislature during a 
 40.10  legislative session or any currently contributing employee 
 40.11  employed for any special service as defined in subdivision 2b, 
 40.12  clause (8); 
 40.13     (8) employees of the armory building commission; 
 40.14     (9) permanent employees of the legislature and persons 
 40.15  employed or designated by the legislature or by a legislative 
 40.16  committee or commission or other competent authority to conduct 
 40.17  a special inquiry, investigation, examination, or installation; 
 40.18     (10) trainees who are employed on a full-time established 
 40.19  training program performing the duties of the classified 
 40.20  position for which they will be eligible to receive immediate 
 40.21  appointment at the completion of the training period; 
 40.22     (11) employees of the Minnesota safety council; 
 40.23     (12) any employees on authorized leave of absence from the 
 40.24  transit operating division of the former metropolitan transit 
 40.25  commission who are employed by the labor organization which is 
 40.26  the exclusive bargaining agent representing employees of the 
 40.27  transit operating division; 
 40.28     (13) employees of the metropolitan council, metropolitan 
 40.29  parks and open space commission, metropolitan sports facilities 
 40.30  commission, metropolitan mosquito control 
 40.31  commission, metropolitan waste control commission, or 
 40.32  metropolitan radio board unless excluded or covered by another 
 40.33  public pension fund or plan under section 473.415, subdivision 
 40.34  3; 
 40.35     (14) judges of the tax court; 
 40.36     (15) personnel employed on June 30, 1992, by the University 
 41.1   of Minnesota in the management, operation, or maintenance of its 
 41.2   heating plant facilities, whose employment transfers to an 
 41.3   employer assuming operation of the heating plant facilities, so 
 41.4   long as the person is employed at the University of Minnesota 
 41.5   heating plant by that employer or by its successor organization; 
 41.6      (16) seasonal help in the classified service employed by 
 41.7   the department of revenue; and 
 41.8      (17) a person who renders teaching or other service for the 
 41.9   Minnesota state colleges and universities system and who also 
 41.10  renders service on a part-time basis for an employer with 
 41.11  employees covered by the general state employees retirement plan 
 41.12  of the Minnesota state retirement system, for all service with 
 41.13  the Minnesota state colleges and universities system, if the 
 41.14  person's nonteaching service comprises at least 50 percent of 
 41.15  the combined total salary received by the person as determined 
 41.16  by the chancellor of the Minnesota state colleges and 
 41.17  universities system or if the person is certified for general 
 41.18  state employees retirement plan coverage by the chancellor of 
 41.19  the Minnesota state colleges and universities system. 
 41.20     (b) Employees specified in paragraph (a), clause (15), are 
 41.21  included employees under paragraph (a) if employer and employee 
 41.22  contributions are made in a timely manner in the amounts 
 41.23  required by section 352.04.  Employee contributions must be 
 41.24  deducted from salary.  Employer contributions are the sole 
 41.25  obligation of the employer assuming operation of the University 
 41.26  of Minnesota heating plant facilities or any successor 
 41.27  organizations to that employer. 
 41.28     Sec. 5.  Minnesota Statutes 1998, section 352.01, 
 41.29  subdivision 2b, is amended to read: 
 41.30     Subd. 2b.  [EXCLUDED EMPLOYEES.] "State employee" does not 
 41.31  include: 
 41.32     (1) elective state officers; 
 41.33     (2) students employed by the University of Minnesota, the 
 41.34  state universities, and community colleges unless approved for 
 41.35  coverage by the board of regents or the board of trustees of the 
 41.36  Minnesota state colleges and universities, as the case may be; 
 42.1      (3) employees who are eligible for membership in the state 
 42.2   teachers retirement association except employees of the 
 42.3   department of children, families, and learning who have chosen 
 42.4   or may choose to be covered by the Minnesota state retirement 
 42.5   system instead of the teachers retirement association; 
 42.6      (4) employees of the University of Minnesota who are 
 42.7   excluded from coverage by action of the board of regents; 
 42.8      (5) officers and enlisted personnel in the national guard 
 42.9   and the naval militia who are assigned to permanent peacetime 
 42.10  duty and who under federal law are or are required to be members 
 42.11  of a federal retirement system; 
 42.12     (6) election officers; 
 42.13     (7) persons engaged in public work for the state but 
 42.14  employed by contractors when the performance of the contract is 
 42.15  authorized by the legislature or other competent authority; 
 42.16     (8) officers and employees of the senate and house of 
 42.17  representatives or a legislative committee or commission who are 
 42.18  temporarily employed; 
 42.19     (9) receivers, jurors, notaries public, and court employees 
 42.20  who are not in the judicial branch as defined in section 43A.02, 
 42.21  subdivision 25, except referees and adjusters employed by the 
 42.22  department of labor and industry; 
 42.23     (10) patient and inmate help in state charitable, penal, 
 42.24  and correctional institutions including the Minnesota veterans 
 42.25  home; 
 42.26     (11) persons employed for professional services where the 
 42.27  service is incidental to regular professional duties and whose 
 42.28  compensation is paid on a per diem basis; 
 42.29     (12) employees of the Sibley House Association; 
 42.30     (13) the members of any state board or commission who serve 
 42.31  the state intermittently and are paid on a per diem basis; the 
 42.32  secretary, secretary-treasurer, and treasurer of those boards if 
 42.33  their compensation is $5,000 or less per year, or, if they are 
 42.34  legally prohibited from serving more than three years; and the 
 42.35  board of managers of the state agricultural society and its 
 42.36  treasurer unless the treasurer is also its full-time secretary; 
 43.1      (14) state troopers; 
 43.2      (15) temporary employees of the Minnesota state fair 
 43.3   employed on or after July 1 for a period not to extend beyond 
 43.4   October 15 of that year; and persons employed at any time by the 
 43.5   state fair administration for special events held on the 
 43.6   fairgrounds; 
 43.7      (16) emergency employees in the classified service; except 
 43.8   that if an emergency employee, within the same pay period, 
 43.9   becomes a provisional or probationary employee on other than a 
 43.10  temporary basis, the employee shall be considered a "state 
 43.11  employee" retroactively to the beginning of the pay period; 
 43.12     (17) persons described in section 352B.01, subdivision 2, 
 43.13  clauses (2) to (5); 
 43.14     (18) temporary employees in the classified service, and 
 43.15  temporary employees in the unclassified service appointed for a 
 43.16  definite period of not more than six months and employed less 
 43.17  than six months in any one-year period; 
 43.18     (19) trainee employees, except those listed in subdivision 
 43.19  2a, clause (10); 
 43.20     (20) persons whose compensation is paid on a fee basis; 
 43.21     (21) state employees who in any year have credit for 12 
 43.22  months service as teachers in the public schools of the state 
 43.23  and as teachers are members of the teachers retirement 
 43.24  association or a retirement system in St. Paul, Minneapolis, or 
 43.25  Duluth; 
 43.26     (22) employees of the adjutant general employed on an 
 43.27  unlimited intermittent or temporary basis in the classified and 
 43.28  unclassified service for the support of army and air national 
 43.29  guard training facilities; 
 43.30     (23) chaplains and nuns who are excluded from coverage 
 43.31  under the federal Old Age, Survivors, Disability, and Health 
 43.32  Insurance Program for the performance of service as specified in 
 43.33  United States Code, title 42, section 410(a)(8)(A), as amended, 
 43.34  if no irrevocable election of coverage has been made under 
 43.35  section 3121(r) of the Internal Revenue Code of 1986, as amended 
 43.36  through December 31, 1992; 
 44.1      (24) examination monitors employed by departments, 
 44.2   agencies, commissions, and boards to conduct examinations 
 44.3   required by law; 
 44.4      (25) persons appointed to serve as members of fact-finding 
 44.5   commissions or adjustment panels, arbitrators, or labor referees 
 44.6   under chapter 179; 
 44.7      (26) temporary employees employed for limited periods under 
 44.8   any state or federal program for training or rehabilitation 
 44.9   including persons employed for limited periods from areas of 
 44.10  economic distress except skilled and supervisory personnel and 
 44.11  persons having civil service status covered by the system; 
 44.12     (27) full-time students employed by the Minnesota 
 44.13  historical society intermittently during part of the year and 
 44.14  full-time during the summer months; 
 44.15     (28) temporary employees, appointed for not more than six 
 44.16  months, of the metropolitan council and of any of its statutory 
 44.17  boards, if the board members are appointed by the metropolitan 
 44.18  council; 
 44.19     (29) persons employed in positions designated by the 
 44.20  department of employee relations as student workers; 
 44.21     (30) members of trades employed by the successor to the 
 44.22  metropolitan waste control commission with trade union pension 
 44.23  plan coverage under a collective bargaining agreement first 
 44.24  employed after June 1, 1977; 
 44.25     (31) persons employed in subsidized on-the-job training, 
 44.26  work experience, or public service employment as enrollees under 
 44.27  the federal Comprehensive Employment and Training Act after 
 44.28  March 30, 1978, unless the person has as of the later of March 
 44.29  30, 1978, or the date of employment sufficient service credit in 
 44.30  the retirement system to meet the minimum vesting requirements 
 44.31  for a deferred annuity, or the employer agrees in writing on 
 44.32  forms prescribed by the director to make the required employer 
 44.33  contributions, including any employer additional contributions, 
 44.34  on account of that person from revenue sources other than funds 
 44.35  provided under the federal Comprehensive Employment and Training 
 44.36  Act, or the person agrees in writing on forms prescribed by the 
 45.1   director to make the required employer contribution in addition 
 45.2   to the required employee contribution; 
 45.3      (32) off-duty peace officers while employed by the 
 45.4   metropolitan council; 
 45.5      (33) persons who are employed as full-time police officers 
 45.6   by the metropolitan council and as police officers are members 
 45.7   of the public employees police and fire fund; 
 45.8      (34) persons who are employed as full-time firefighters by 
 45.9   the department of military affairs and as firefighters are 
 45.10  members of the public employees police and fire fund; 
 45.11     (35) foreign citizens with a work permit of less than three 
 45.12  years, or an H-1b/JV visa valid for less than three years of 
 45.13  employment, unless notice of extension is supplied which allows 
 45.14  them to work for three or more years as of the date the 
 45.15  extension is granted, in which case they are eligible for 
 45.16  coverage from the date extended; and 
 45.17     (36) persons who are employed by the board of trustees of 
 45.18  the Minnesota state colleges and universities and who elect to 
 45.19  remain members of the public employees retirement association or 
 45.20  the Minneapolis employees retirement fund, whichever applies, 
 45.21  under section 136C.75. 
 45.22     Sec. 6.  Minnesota Statutes 1998, section 352D.02, 
 45.23  subdivision 1, is amended to read: 
 45.24     Subdivision 1.  [COVERAGE.] (a) Employees enumerated in 
 45.25  paragraph (c), clauses 2, 3, 4, and 6 to 15, if they are in the 
 45.26  unclassified service of the state, the metropolitan waste 
 45.27  control commission, or metropolitan council and are eligible for 
 45.28  coverage under the general state employees retirement plan under 
 45.29  chapter 352, are participants in the unclassified program under 
 45.30  this chapter unless the employee gives notice to the executive 
 45.31  director of the Minnesota state retirement system within one 
 45.32  year following the commencement of employment in the 
 45.33  unclassified service that the employee desires coverage under 
 45.34  the general state employees retirement plan.  For the purposes 
 45.35  of this chapter, an employee who does not file notice with the 
 45.36  executive director is deemed to have exercised the option to 
 46.1   participate in the unclassified plan. 
 46.2      (b) Persons referenced in paragraph (c), clauses (1) and 
 46.3   (5), are participants in the unclassified program under this 
 46.4   chapter unless the person is eligible to elect different 
 46.5   coverage under section 3A.07 or 352C.011 and, after July 1, 
 46.6   1998, elects retirement coverage by the applicable alternative 
 46.7   retirement plan. 
 46.8      (c) Enumerated employees and referenced persons are: 
 46.9      (1) the governor, the lieutenant governor, the secretary of 
 46.10  state, the state auditor, the state treasurer, and the attorney 
 46.11  general; 
 46.12     (2) an employee in the office of the governor, lieutenant 
 46.13  governor, secretary of state, state auditor, state treasurer, 
 46.14  attorney general; 
 46.15     (3) an employee of the state board of investment; 
 46.16     (4) the head of a department, division, or agency created 
 46.17  by statute in the unclassified service, an acting department 
 46.18  head subsequently appointed to the position, or an employee 
 46.19  enumerated in section 15A.0815 or 15A.083, subdivision 4; 
 46.20     (5) a member of the legislature; 
 46.21     (6) a permanent, full-time unclassified employee of the 
 46.22  legislature or a commission or agency of the legislature or a 
 46.23  temporary legislative employee having shares in the supplemental 
 46.24  retirement fund as a result of former employment covered by this 
 46.25  chapter, whether or not eligible for coverage under the 
 46.26  Minnesota state retirement system; 
 46.27     (7) a person who is employed in a position established 
 46.28  under section 43A.08, subdivision 1, clause (3), or in a 
 46.29  position authorized under a statute creating or establishing a 
 46.30  department or agency of the state, which is at the deputy or 
 46.31  assistant head of department or agency or director level; 
 46.32     (8) the regional administrator, or executive director of 
 46.33  the metropolitan council, general counsel, division directors, 
 46.34  operations managers, and other positions as designated by the 
 46.35  council, all of which may not exceed 27 18 positions at the 
 46.36  council and the chair,; the chair, chief administrator, and not 
 47.1   to exceed nine positions at the division director or 
 47.2   administrative deputy level of the metropolitan waste control 
 47.3   commission as designated by the commission; provided that upon 
 47.4   initial designation of all positions provided for in this 
 47.5   clause, no further designations or redesignations may be made 
 47.6   without approval of the board of directors of the Minnesota 
 47.7   state retirement system; 
 47.8      (9) the executive director, associate executive director, 
 47.9   and not to exceed nine positions of the higher education 
 47.10  services office in the unclassified service, as designated by 
 47.11  the higher education services office before January 1, 1992, or 
 47.12  subsequently redesignated with the approval of the board of 
 47.13  directors of the Minnesota state retirement system, unless the 
 47.14  person has elected coverage by the individual retirement account 
 47.15  plan under chapter 354B; 
 47.16     (10) the clerk of the appellate courts appointed under 
 47.17  article VI, section 2, of the Constitution of the state of 
 47.18  Minnesota; 
 47.19     (11) the chief executive officers of correctional 
 47.20  facilities operated by the department of corrections and of 
 47.21  hospitals and nursing homes operated by the department of human 
 47.22  services; 
 47.23     (12) an employee whose principal employment is at the state 
 47.24  ceremonial house; 
 47.25     (13) an employee of the Minnesota educational computing 
 47.26  corporation; 
 47.27     (14) an employee of the world trade center board; and 
 47.28     (15) an employee of the state lottery board who is covered 
 47.29  by the managerial plan established under section 43A.18, 
 47.30  subdivision 3. 
 47.31     Sec. 7.  Minnesota Statutes 1998, section 422A.01, 
 47.32  subdivision 9, is amended to read: 
 47.33     Subd. 9.  "Public corporation" includes metropolitan 
 47.34  airports commission, metropolitan council waste control 
 47.35  commission and municipal employees retirement fund. 
 47.36     Sec. 8.  Minnesota Statutes 1998, section 422A.101, 
 48.1   subdivision 2a, is amended to read: 
 48.2      Subd. 2a.  [CONTRIBUTIONS BY METROPOLITAN AIRPORTS 
 48.3   COMMISSION AND METROPOLITAN COUNCIL WASTE CONTROL COMMISSION.] 
 48.4   The metropolitan airports commission and the 
 48.5   metropolitan council waste control commission shall pay to the 
 48.6   Minneapolis employees retirement fund annually in installments 
 48.7   as specified in subdivision 3 the share of the additional 
 48.8   support rate required for full amortization of the unfunded 
 48.9   actuarial accrued liabilities by June 30, 2020, that is 
 48.10  attributable to employees of the airports commission or former 
 48.11  metropolitan waste control commission who are members of the 
 48.12  fund.  The amount of the payment shall be determined as if the 
 48.13  airport commission and metropolitan council's waste control 
 48.14  commission's employer contributions determined under subdivision 
 48.15  2 had also included a proportionate share of a $1,000,000 annual 
 48.16  employer amortization contribution.  The amount of this 
 48.17  $1,000,000 annual employer amortization contribution that would 
 48.18  have been allocated to the each commission or council would have 
 48.19  been based on the share of the fund's unfunded actuarial accrued 
 48.20  liability attributed to the each commission or council compared 
 48.21  to the total unfunded actuarial accrued liability attributed to 
 48.22  all employers under subdivisions 1a and 2.  The determinations 
 48.23  required under this subdivision must be based on the most recent 
 48.24  actuarial valuation prepared by the actuary retained by the 
 48.25  legislative commission on pensions and retirement. 
 48.26     Sec. 9.  Minnesota Statutes 1998, section 471A.02, 
 48.27  subdivision 8, is amended to read: 
 48.28     Subd. 8.  [MUNICIPALITY.] "Municipality" means a home rule 
 48.29  charter or statutory city, county, sanitary district, or other 
 48.30  governmental subdivision or public corporation, but not 
 48.31  including the metropolitan council waste control commission. 
 48.32     Sec. 10.  [APPLICATION.] 
 48.33     This article applies in the counties of Anoka, Carver, 
 48.34  Dakota, Hennepin, Ramsey, Scott, and Washington. 
 48.35     Sec. 11.  [EFFECTIVE DATE.] 
 48.36     This article is effective January 1, 2000.