1st Engrossment - 80th Legislature (1997 - 1998) Posted on 12/15/2009 12:00am
Engrossments | ||
---|---|---|
Introduction | Posted on 02/27/1997 | |
1st Engrossment | Posted on 03/21/1997 |
1.1 A bill for an act 1.2 relating to metropolitan government; abolishing the 1.3 metropolitan council except for advisory planning, the 1.4 metropolitan parks and open space commission, the 1.5 metropolitan sports facilities commission, and the 1.6 metropolitan radio board; transferring regional 1.7 transit financing and operations to the commissioner 1.8 of transportation; establishing the metropolitan 1.9 wastewater control commission; transferring ownership 1.10 and operation of metropolitan sports facilities to the 1.11 city of Minneapolis, or in the alternative to the 1.12 Minnesota amateur sports commission; transferring the 1.13 powers and duties of the metropolitan radio board to 1.14 the commissioner of transportation; transferring the 1.15 housing bond credit enhancement program and livable 1.16 communities program to the housing finance agency, 1.17 with jurisdiction over the tax base revitalization 1.18 account to the commissioner of trade and economic 1.19 development; appropriating money; amending Minnesota 1.20 Statutes 1996, sections 3.9741, subdivision 1; 4A.02; 1.21 6.76; 10A.01, subdivisions 18, 26, 27, and 29; 13.55, 1.22 subdivision 1; 15.0597, subdivision 1; 15.0599, 1.23 subdivision 1; 15.50, subdivision 2; 16B.122, 1.24 subdivision 1; 16B.42, subdivision 1; 47.52; 65B.43, 1.25 subdivision 20; 85.015, subdivision 14; 85.016; 1.26 103B.231, subdivisions 7, 8, and 11; 103B.235, 1.27 subdivisions 3 and 3a; 103B.255, subdivisions 8, 9, 1.28 and 12; 103D.401, subdivisions 1 and 2; 103F.715; 1.29 103F.721; 103F.761, subdivision 1; 103G.293; 115.54; 1.30 115.741, subdivision 2; 115A.471; 115A.52; 116.16, 1.31 subdivision 2; 116.182, subdivision 1; 116D.04, 1.32 subdivision 1a; 116G.03, subdivision 5; 116G.15; 1.33 116J.401; 116J.402; 116M.14, subdivision 4; 116M.15, 1.34 subdivision 1; 117.57, subdivision 3; 121.1601, 1.35 subdivision 1; 134.201, subdivision 5; 145A.02, 1.36 subdivision 16; 145A.09, subdivision 6; 160.265, 1.37 subdivision 1; 161.17, subdivision 2; 161.171, 1.38 subdivision 5; 161.173; 161.174; 162.09, subdivision 1.39 4; 169.781, subdivision 1; 169.791, subdivision 5; 1.40 169.792, subdivision 11; 174.03, subdivisions 4 and 5; 1.41 174.031, subdivision 3; 174.04, subdivisions 1 and 2; 1.42 174.32, subdivision 2; 174.50, subdivision 4; 216C.15, 1.43 subdivision 1; 221.022; 221.025; 221.031, subdivision 1.44 3a; 221.041, subdivision 4; 221.071, subdivision 1; 1.45 221.295; 240.06, subdivision 2; 240A.08; 270.12, 1.46 subdivision 3; 275.065, subdivisions 3 and 5a; 2.1 275.066; 275.14; 275.62, subdivision 3; 340A.404, 2.2 subdivision 1; 340A.504, subdivision 1; 352.01, 2.3 subdivisions 2a and 2b; 352.03, subdivision 1; 352.04, 2.4 subdivision 6; 352D.02, subdivision 1; 353.64, 2.5 subdivision 7a; 403.07, subdivision 1; 414.02, 2.6 subdivision 3; 414.031, subdivision 4; 422A.01, 2.7 subdivision 9; 422A.101, subdivision 2a; 462.382; 2.8 462A.04, subdivision 1; 462A.07, subdivision 11; 2.9 462C.04, subdivision 2; 462C.071, subdivisions 2 and 2.10 4; 465.797, subdivision 3; 465.798; 465.799; 465.801; 2.11 471.425, subdivision 1; 471.591, subdivision 1; 2.12 473.121, subdivisions 2, 5a, 6, 8, 10, 14, 24, and by 2.13 adding a subdivision; 473.123, subdivisions 1, 2a, 3, 2.14 3a, 3c, 4, and by adding subdivisions; 473.129, 2.15 subdivisions 1, 3, 8, and 9; 473.142; 473.1425; 2.16 473.143; 473.144; 473.151; 473.156, subdivision 1; 2.17 473.157; 473.166; 473.167, subdivisions 2 and 2a; 2.18 473.168, subdivision 2; 473.171; 473.191; 473.192, 2.19 subdivisions 2 and 3; 473.197; 473.223; 473.23; 2.20 473.241; 473.242; 473.243; 473.244, subdivision 1; 2.21 473.245; 473.25; 473.252; 473.253; 473.254; 473.301, 2.22 subdivisions 2 and 4; 473.313; 473.315, subdivision 1; 2.23 473.334, subdivision 1; 473.341; 473.351; 473.375, 2.24 subdivisions 9, 11, 12, 13, 14, and 15; 473.382; 2.25 473.384; 473.385, subdivisions 1 and 2; 473.386, 2.26 subdivisions 1, 2, 2a, 3, 4, 5, and 6; 473.387, 2.27 subdivisions 2, 3, and 4; 473.391; 473.3915, 2.28 subdivisions 3 and 4; 473.392; 473.399; 473.3994, 2.29 subdivisions 4, 5, 7, 8, 9, 10, 12, and 13; 473.3997; 2.30 473.405, subdivisions 1, 3, 4, 5, 9, 10, 12, and 15; 2.31 473.4051; 473.407, subdivisions 1, 3, 4, and 5; 2.32 473.408, subdivisions 1, 2, 2a, 2b, 4, 6, and 7; 2.33 473.409; 473.411, subdivision 5; 473.415, subdivision 2.34 1; 473.416; 473.42; 473.448; 473.449; 473.504, 2.35 subdivisions 4, 5, 6, 9, 10, 11, 12, and by adding 2.36 subdivisions; 473.505; 473.511; 473.512, subdivision 2.37 1; 473.513; 473.515; 473.5155, subdivision 1; 473.516; 2.38 473.517, subdivisions 1, 2, 3, 6, and 9; 473.519; 2.39 473.521; 473.523; 473.535; 473.541; 473.542; 473.543; 2.40 473.545; 473.547; 473.549; 473.551, subdivisions 4, 5, 2.41 8, 9, and 12; 473.556, subdivisions 4, 5, 6, 11, 12, 2.42 14, and 17; 473.561; 473.564, subdivision 2; 473.572, 2.43 subdivision 2; 473.592; 473.595; 473.601, by adding a 2.44 subdivision; 473.602; 473.604, subdivision 1; 473.608, 2.45 subdivision 19; 473.611, subdivision 5; 473.621, 2.46 subdivision 6; 473.638; 473.64; 473.655; 473.667, 2.47 subdivision 8; 473.8011; 473.834, subdivision 2; 2.48 473.852, subdivisions 2 and 10; 473.853; 473.891, 2.49 subdivisions 2 and 7; 473.894, subdivisions 1, 2, 3, 2.50 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 15, 19, 20, 21, 22, 2.51 23, and 24; 473.897, subdivisions 1, 2, and 4; 2.52 473.901, subdivisions 2 and 3; 473.902, subdivisions 2.53 1, 2, 3, 4, and 5; 473.904, subdivisions 1, 3, and 4; 2.54 473.905, subdivision 2; 473F.02, subdivisions 7 and 8; 2.55 473F.08, subdivisions 5 and 7a; 473F.13; 473H.04, 2.56 subdivision 3; 473H.06, subdivisions 1 and 5; 473H.08, 2.57 subdivision 4; and 477A.011, subdivision 3; proposing 2.58 coding for new law in Minnesota Statutes, chapter 473; 2.59 repealing Minnesota Statutes 1996, sections 115A.03, 2.60 subdivision 19; 174.22, subdivision 3; 403.07, 2.61 subdivision 2; 465.795, subdivision 3; 473.121, 2.62 subdivisions 3 and 12; 473.123, subdivisions 7 and 8; 2.63 473.125; 473.127; 473.129, subdivisions 2, 4, 5, 6, 2.64 and 7; 473.13; 473.132; 473.145; 473.146; 473.147; 2.65 473.149, subdivision 3; 473.155; 473.1551; 473.1623; 2.66 473.164; 473.167, subdivisions 3, 3a, and 4; 473.173; 2.67 473.175; 473.181; 473.194; 473.195; 473.199; 473.201; 2.68 473.206; 473.208; 473.244, subdivision 6; 473.247; 2.69 473.249; 473.302; 473.303; 473.315, subdivision 2; 2.70 473.325; 473.326; 473.333; 473.388, subdivisions 1, 2, 2.71 3, 4, and 5; 473.39, subdivisions 1, 1a, 1b, 2, and 4; 3.1 473.3915, subdivisions 5 and 6; 473.411, subdivisions 3.2 3 and 4; 473.436, subdivisions 2, 3, and 6; 473.446; 3.3 473.552; 473.553; 473.556, subdivisions 1, 2, 3, 7, 8, 3.4 9, 10, 13, and 16; 473.564, subdivision 3; 473.565; 3.5 473.572, subdivision 1; 473.581; 473.595, subdivisions 3.6 1a and 4; 473.598; 473.599; 473.616; 473.618; 473.619; 3.7 473.851; 473.854; 473.856; 473.857; 473.858; 473.859; 3.8 473.863; 473.864; 473.865; 473.866; 473.867; 473.868; 3.9 473.869; 473.893; 473.894, subdivisions 14, 16, 17, 3.10 and 18; 473.895; 473.896; 473.897, subdivision 3; 3.11 473.898; 473.899; 473.900; 473.903; 473F.02, 3.12 subdivision 21; and 473F.08, subdivision 3b. 3.13 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 3.14 ARTICLE 1 3.15 MISCELLANEOUS METROPOLITAN COUNCIL 3.16 Section 1. Minnesota Statutes 1996, section 4A.02, is 3.17 amended to read: 3.18 4A.02 [STATE DEMOGRAPHER.] 3.19 The director shall appoint a state demographer. The 3.20 demographer must be professionally competent in demography and 3.21 must possess demonstrated ability based upon past performance. 3.22 The demographer shall: 3.23 (1) continuously gather and develop demographic data 3.24 relevant to the state; 3.25 (2) design and test methods of research and data 3.26 collection; 3.27 (3) periodically prepare population projections for the 3.28 state and designated regions and periodically prepare 3.29 projections for each county or other political subdivision of 3.30 the state as necessary to carry out the purposes of this 3.31 section; 3.32 (4) review, comment on, and prepare analysis of population 3.33 estimates and projections made by state agencies, political 3.34 subdivisions, other states, federal agencies, or nongovernmental 3.35 persons, institutions, or commissions; 3.36 (5) serve as the state liaison with the federal Bureau of 3.37 the Census, coordinate state and federal demographic activities 3.38 to the fullest extent possible, and aid the legislature in 3.39 preparing a census data plan and form for each decennial census; 3.40 (6) compile an annual study of population estimates on the 3.41 basis of county, regional, or other political or geographical 4.1 subdivisions as necessary to carry out the purposes of this 4.2 section and section 4A.03; 4.3 (7) by January 1 of each year, issue a report to the 4.4 legislature containing an analysis of the demographic 4.5 implications of the annual population study and population 4.6 projections; 4.7 (8) prepare maps for all counties in the state, all 4.8 municipalities with a population of 10,000 or more, and other 4.9 municipalities as needed for census purposes, according to scale 4.10 and detail recommended by the federal Bureau of the Census, with 4.11 the maps of cities showing precinct boundaries; and 4.12 (9) prepare an estimate of population and of the number of 4.13 households for each governmental subdivisionfor which the4.14metropolitan council does not prepare an annual estimate,and 4.15 convey the estimates to the governing body of each political 4.16 subdivision by May 1 of each year. 4.17 Sec. 2. Minnesota Statutes 1996, section 6.76, is amended 4.18 to read: 4.19 6.76 [LOCAL GOVERNMENTAL EXPENDITURES FOR LOBBYISTS.] 4.20 On or before January 31, 1990, and each year thereafter, 4.21 all counties, cities, school districts, metropolitan 4.22 agencies, and regional railroad authorities, and the4.23metropolitan councilshall report to the state auditor, on forms 4.24 prescribed by the auditor, their estimated expenditures paid for 4.25 the previous calendar year to a lobbyist as defined in section 4.26 10A.01, subdivision 11, and to any staff person not registered 4.27 as a lobbyist, over 25 percent of whose time is spent during the 4.28 legislative session on legislative matters. 4.29 Sec. 3. Minnesota Statutes 1996, section 10A.01, 4.30 subdivision 18, is amended to read: 4.31 Subd. 18. "Public official" means any: 4.32 (a) member of the legislature; 4.33 (b) constitutional officer in the executive branch and the 4.34 officer's chief administrative deputy; 4.35 (c) member, chief administrative officer or deputy chief 4.36 administrative officer of a state board or commission which has 5.1 at least one of the following powers: (i) the power to adopt, 5.2 amend or repeal rules, or (ii) the power to adjudicate contested 5.3 cases or appeals; 5.4 (d) commissioner, deputy commissioner, or assistant 5.5 commissioner of any state department as designated pursuant to 5.6 section 15.01; 5.7 (e) individual employed in the executive branch who is 5.8 authorized to adopt, amend or repeal rules or adjudicate 5.9 contested cases; 5.10 (f) executive director of the state board of investment; 5.11 (g) executive director of the Indian affairs intertribal 5.12 board; 5.13 (h) commissioner of the iron range resources and 5.14 rehabilitation board; 5.15 (i) commissioner of mediation services; 5.16 (j) deputy of any official listed in clauses (e) to (i); 5.17 (k) judge of the workers' compensation court of appeals; 5.18 (l) administrative law judge or compensation judge in the 5.19 state office of administrative hearings or referee in the 5.20 department of economic security; 5.21 (m) solicitor general or deputy, assistant or special 5.22 assistant attorney general; 5.23 (n) individual employed by the legislature as secretary of 5.24 the senate, legislative auditor, chief clerk of the house, 5.25 revisor of statutes, or researcher, legislative analyst, or 5.26 attorney in the office of senate counsel and research or house 5.27 research; 5.28 (o)member, regional administrator, division director,5.29general counsel, or operations manager of the metropolitan5.30council;5.31(p)the director of the racing commission, the director of 5.32 the gambling control board, the director of the state lottery, 5.33 and the deputy director of the state lottery; 5.34(q)(p) director of the division of gambling enforcement in 5.35 the department of public safety; 5.36(r)(q) member or executive director of the higher 6.1 education facilities authority; 6.2(s)(r) member of the board of directors or president of 6.3 the Minnesota world trade center corporation; or 6.4(t)(s) member or chief administrator of a metropolitan 6.5 agency. 6.6 Sec. 4. Minnesota Statutes 1996, section 10A.01, 6.7 subdivision 26, is amended to read: 6.8 Subd. 26. [METROPOLITAN GOVERNMENTAL UNIT.] "Metropolitan 6.9 governmental unit" means any of the seven counties in the 6.10 metropolitan area as defined in section 473.121, subdivision 2, 6.11 a regional railroad authority established by one or more of 6.12 those counties under section 398A.03, a city with a population 6.13 of over 50,000 located in the seven-county metropolitan area, 6.14the metropolitan council,a metropolitan agency as defined in 6.15 section 473.121, subdivision 5a, the Minnesota state high school 6.16 league, and Minnesota Technology, Inc. 6.17 Sec. 5. Minnesota Statutes 1996, section 10A.01, 6.18 subdivision 27, is amended to read: 6.19 Subd. 27. [POLITICAL SUBDIVISION.] "Political subdivision" 6.20 meansthe metropolitan council,a metropolitan agency as defined 6.21 in section 473.121, subdivision 5a, a municipality as defined in 6.22 section 471.345, subdivision 1, the Minnesota state high school 6.23 league, and Minnesota Technology, Inc. 6.24 Sec. 6. Minnesota Statutes 1996, section 10A.01, 6.25 subdivision 29, is amended to read: 6.26 Subd. 29. [POPULATION.] "Population" means the population 6.27 established by the most recent federal census, by a special 6.28 census taken by the United States Bureau of the Census, by an 6.29 estimate made by themetropolitan council, or by an estimate6.30made by thestate demographer under section 4A.02, whichever has 6.31 the latest stated date of count or estimate. 6.32 Sec. 7. Minnesota Statutes 1996, section 15.0597, 6.33 subdivision 1, is amended to read: 6.34 Subdivision 1. [DEFINITIONS.] As used in this section, the 6.35 following terms shall have the meanings given them. 6.36 (a) "Agency" means (1) a state board, commission, council, 7.1 committee, authority, task force, including an advisory task 7.2 force created under section 15.014 or 15.0593, a group created 7.3 by executive order of the governor, or other similar multimember 7.4 agency created by law and having statewide jurisdiction; and (2) 7.5the metropolitan council,metropolitan agency, capitol area 7.6 architectural and planning board, and any agency with a regional 7.7 jurisdiction created in this state pursuant to an interstate 7.8 compact. 7.9 (b) "Vacancy" or "vacant agency position" means (1) a 7.10 vacancy in an existing agency, or (2) a new, unfilled agency 7.11 position. Vacancy includes a position that is to be filled 7.12 through appointment of a nonlegislator by a legislator or group 7.13 of legislators; vacancy does not mean (1) a vacant position on 7.14 an agency composed exclusively of persons employed by a 7.15 political subdivision or another agency, or (2) a vacancy to be 7.16 filled by a person required to have a specific title or position. 7.17 (c) "Secretary" means the secretary of state. 7.18 Sec. 8. Minnesota Statutes 1996, section 15.0599, 7.19 subdivision 1, is amended to read: 7.20 Subdivision 1. [APPLICABILITY.] For purposes of this 7.21 section, "agency" means: 7.22 (1) a state board, commission, council, committee, 7.23 authority, task force, including an advisory task force 7.24 established under section 15.014 or 15.0593, other multimember 7.25 agency, however designated, established by statute or order and 7.26 having statewide jurisdiction; 7.27 (2)a multimember body, however designated, appointed by7.28the metropolitan council established by section 473.123 ora 7.29 metropolitan agency as defined in section 473.121, subdivision 7.30 5a, if the membership includes at least one person who is not a 7.31 member ofthe council orthe agency; and 7.32 (3) a multimember body whose members are appointed by the 7.33 legislature if the body has at least one nonlegislative member. 7.34 "Secretary" means the secretary of state. 7.35 Sec. 9. Minnesota Statutes 1996, section 15.50, 7.36 subdivision 2, is amended to read: 8.1 Subd. 2. [CAPITOL AREA PLAN.] (a) The board shall prepare, 8.2 prescribe, and from time to time, after a public hearing, amend 8.3 a comprehensive use plan for the capitol area, called the area 8.4 in this subdivision, which consists of that portion of the city 8.5 of Saint Paul comprehended within the following boundaries: 8.6 Beginning at the point of intersection of the center line of the 8.7 Arch-Pennsylvania freeway and the center line of Marion Street, 8.8 thence southerly along the center line of Marion Street extended 8.9 to a point 50 feet south of the south line of Concordia Avenue, 8.10 thence southeasterly along a line extending 50 feet from the 8.11 south line of Concordia Avenue to a point 125 feet from the west 8.12 line of John Ireland Boulevard, thence southwesterly along a 8.13 line extending 125 feet from the west line of John Ireland 8.14 Boulevard to the south line of Dayton Avenue, thence 8.15 northeasterly from the south line of Dayton Avenue to the west 8.16 line of John Ireland Boulevard, thence northeasterly to the 8.17 center line of the intersection of Old Kellogg Boulevard and 8.18 Summit Avenue, thence northeasterly along the center line of 8.19 Summit Avenue to the center line of the new West Kellogg 8.20 Boulevard, thence southerly along the east line of the new West 8.21 Kellogg Boulevard, to the center line of West Seventh Street, 8.22 thence northeasterly along the center line of West Seventh 8.23 Street to the center line of the Fifth Street ramp, thence 8.24 northwesterly along the center line of the Fifth Street ramp to 8.25 the east line of the right-of-way of Interstate Highway 35-E, 8.26 thence northeasterly along the east line of the right-of-way of 8.27 Interstate Highway 35-E to the south line of the right-of-way of 8.28 Interstate Highway 94, thence easterly along the south line of 8.29 the right-of-way of Interstate Highway 94 to the west line of 8.30 St. Peter Street, thence southerly to the south line of Exchange 8.31 Street, thence easterly along the south line of Exchange Street 8.32 to the west line of Cedar Street, thence northerly along the 8.33 west line of Cedar Street to the center line of Tenth Street, 8.34 thence northeasterly along the center line of Tenth Street to 8.35 the center line of Minnesota Street, thence northwesterly along 8.36 the center line of Minnesota Street to the center line of 9.1 Eleventh Street, thence northeasterly along the center line of 9.2 Eleventh Street to the center line of Jackson Street, thence 9.3 northwesterly along the center line of Jackson Street to the 9.4 center line of the Arch-Pennsylvania freeway extended, thence 9.5 westerly along the center line of the Arch-Pennsylvania freeway 9.6 extended and Marion Street to the point of origin. If 9.7 construction of the labor interpretive center does not commence 9.8 prior to December 31, 2000, at the site recommended by the 9.9 board, the boundaries of the capitol area revert to their 9.10 configuration as of 1992. 9.11 Under the comprehensive plan, or a portion of it, the board 9.12 may regulate, by means of zoning rules adopted under the 9.13 administrative procedure act, the kind, character, height, and 9.14 location, of buildings and other structures constructed or used, 9.15 the size of yards and open spaces, the percentage of lots that 9.16 may be occupied, and the uses of land, buildings and other 9.17 structures, within the area. To protect and enhance the 9.18 dignity, beauty, and architectural integrity of the capitol 9.19 area, the board is further empowered to include in its zoning 9.20 rules design review procedures and standards with respect to any 9.21 proposed construction activities in the capitol area 9.22 significantly affecting the dignity, beauty, and architectural 9.23 integrity of the area. No person may undertake these 9.24 construction activities as defined in the board's rules in the 9.25 capitol area without first submitting construction plans to the 9.26 board, obtaining a zoning permit from the board, and receiving a 9.27 written certification from the board specifying that the person 9.28 has complied with all design review procedures and standards. 9.29 Violation of the zoning rules is a misdemeanor. The board may, 9.30 at its option, proceed to abate any violation by injunction. 9.31 The board and the city of Saint Paul shall cooperate in assuring 9.32 that the area adjacent to the capitol area is developed in a 9.33 manner that is in keeping with the purpose of the board and the 9.34 provisions of the comprehensive plan. 9.35 (b) The commissioner of administration shall act as a 9.36 consultant to the board with regard to the physical structural 10.1 needs of the state. The commissioner shall make studies and 10.2 report the results to the board when it requests reports for its 10.3 planning purpose. 10.4 (c) No public building, street, parking lot, or monument, 10.5 or other construction may be built or altered on any public 10.6 lands within the area unless the plans for the project conform 10.7 to the comprehensive use plan as specified in paragraph (d) and 10.8 to the requirement for competitive plans as specified in 10.9 paragraph (e). No alteration substantially changing the 10.10 external appearance of any existing public building approved in 10.11 the comprehensive plan or the exterior or interior design of any 10.12 proposed new public building the plans for which were secured by 10.13 competition under paragraph (e) may be made without the prior 10.14 consent of the board. The commissioner of administration shall 10.15 consult with the board regarding internal changes having the 10.16 effect of substantially altering the architecture of the 10.17 interior of any proposed building. 10.18 (d) The comprehensive plan must show the existing land uses 10.19 and recommend future uses including: areas for public taking 10.20 and use; zoning for private land and criteria for development of 10.21 public land, including building areas, open spaces, monuments, 10.22 and other memorials; vehicular and pedestrian circulation; 10.23 utilities systems; vehicular storage; elements of landscape 10.24 architecture. No substantial alteration or improvement may be 10.25 made to public lands or buildings in the area without the 10.26 written approval of the board. 10.27 (e) The board shall secure by competitions plans for any 10.28 new public building. Plans for any comprehensive plan, 10.29 landscaping scheme, street plan, or property acquisition that 10.30 may be proposed, or for any proposed alteration of any existing 10.31 public building, landscaping scheme or street plan may be 10.32 secured by a similar competition. A competition must be 10.33 conducted under rules prescribed by the board and may be of any 10.34 type which meets the competition standards of the American 10.35 Institute of Architects. Designs selected become the property 10.36 of the state of Minnesota, and the board may award one or more 11.1 premiums in each competition and may pay the costs and fees that 11.2 may be required for its conduct. At the option of the board, 11.3 plans for projects estimated to cost less than $1,000,000 may be 11.4 approved without competition provided the plans have been 11.5 considered by the advisory committee described in paragraph 11.6 (h). Plans for projects estimated to cost less than $400,000 11.7 and for construction of streets need not be considered by the 11.8 advisory committee if in conformity with the comprehensive plan. 11.9 (f) Notwithstanding paragraph (e), an architectural 11.10 competition is not required for the design of any light rail 11.11 transit station and alignment within the capitol area. The 11.12 board and its advisory committee shall select a preliminary 11.13 design for any transit station in the capitol area. Each stage 11.14 of any station's design through working drawings must be 11.15 reviewed by the board's advisory committee and approved by the 11.16 board to ensure that the station's design is compatible with the 11.17 comprehensive plan for the capitol area and the board's design 11.18 criteria. The guideway and track design of any light rail 11.19 transit alignment within the capitol area must also be reviewed 11.20 by the board's advisory committee and approved by the board. 11.21 (g) Of the amount available for the light rail transit 11.22 design, adequate funds must be available to the board for design 11.23 framework studies and review of preliminary plans for light rail 11.24 transit alignment and stations in the capitol area. 11.25 (h) The board may not adopt any plan under paragraph (e) 11.26 unless it first receives the comments and criticism of an 11.27 advisory committee of three persons, each of whom is either an 11.28 architect or a planner, who have been selected and appointed as 11.29 follows: one by the board of the arts, one by the board, and 11.30 one by the Minnesota Society of the American Institute of 11.31 Architects. Members of the committee may not be contestants 11.32 under paragraph (e). The comments and criticism must be a 11.33 matter of public information. The committee shall advise the 11.34 board on all architectural and planning matters. For that 11.35 purpose, the committee must be kept currently informed 11.36 concerning, and have access to, all data, including all plans, 12.1 studies, reports and proposals, relating to the area as the data 12.2 are developed or in the process of preparation, whether by the 12.3 commissioner of administration, the commissioner of trade and 12.4 economic development,the metropolitan council,the city of 12.5 Saint Paul, or by any architect, planner, agency or 12.6 organization, public or private, retained by the board or not 12.7 retained and engaged in any work or planning relating to the 12.8 area, and a copy of any data prepared by any public employee or 12.9 agency must be filed with the board promptly upon completion. 12.10 The board may employ stenographic or technical help that 12.11 may be reasonable to assist the committee to perform its duties. 12.12 When so directed by the board, the committee may serve as, 12.13 and any member or members of the committee may serve on, the 12.14 jury or as professional advisor for any architectural 12.15 competition, and the board shall select the architectural 12.16 advisor and jurors for any competition with the advice of the 12.17 committee. 12.18 The city of Saint Paul shall advise the board. 12.19 (i) The comprehensive plan for the area must be developed 12.20 and maintained in close cooperation with the commissioner of 12.21 trade and economic development, the planning department and the 12.22 council for the city of Saint Paul, and the board of the arts, 12.23 and no plan or amendment of a plan may be effective without 90 12.24 days' notice to the planning department of the city of Saint 12.25 Paul and the board of the arts and without a public hearing with 12.26 opportunity for public testimony. 12.27 (j) The board and the commissioner of administration, 12.28 jointly, shall prepare, prescribe, and from time to time revise 12.29 standards and policies governing the repair, alteration, 12.30 furnishing, appearance, and cleanliness of the public and 12.31 ceremonial areas of the state capitol building. The board shall 12.32 consult with and receive advice from the director of the 12.33 Minnesota state historical society regarding the historic 12.34 fidelity of plans for the capitol building. The standards and 12.35 policies developed under this paragraph are binding upon the 12.36 commissioner of administration. The provisions of sections 13.1 14.02, 14.04 to 14.28, 14.38, and 14.44 to 14.45 do not apply to 13.2 this paragraph. 13.3 (k) The board in consultation with the commissioner of 13.4 administration shall prepare and submit to the legislature and 13.5 the governor no later than October 1 of each even-numbered year 13.6 a report on the status of implementation of the comprehensive 13.7 plan together with a program for capital improvements and site 13.8 development, and the commissioner of administration shall 13.9 provide the necessary cost estimates for the program. The board 13.10 shall report any changes to the comprehensive plan adopted by 13.11 the board to the committee on governmental operations and 13.12 gambling of the house of representatives and the committee on 13.13 governmental operations and reform of the senate and upon 13.14 request shall provide testimony concerning the changes. The 13.15 board shall also provide testimony to the legislature on 13.16 proposals for memorials in the capitol area as to their 13.17 compatibility with the standards, policies, and objectives of 13.18 the comprehensive plan. 13.19 (l) The state shall, by the attorney general upon the 13.20 recommendation of the board and within appropriations available 13.21 for that purpose, acquire by gift, purchase, or eminent domain 13.22 proceedings any real property situated in the area described in 13.23 this section, and it may also acquire an interest less than a 13.24 fee simple interest in the property, if it finds that the 13.25 property is needed for future expansion or beautification of the 13.26 area. 13.27 (m) The board is the successor of the state veterans 13.28 service building commission, and as such may adopt rules and may 13.29 reenact the rules adopted by its predecessor under Laws 1945, 13.30 chapter 315, and amendments to it. 13.31 (n) The board shall meet at the call of the chair and at 13.32 such other times as it may prescribe. 13.33 (o) The commissioner of administration shall assign 13.34 quarters in the state veterans service building to (1) the 13.35 department of veterans affairs, of which a part that the 13.36 commissioner of administration and commissioner of veterans 14.1 affairs may mutually determine must be on the first floor above 14.2 the ground, and (2) the American Legion, Veterans of Foreign 14.3 Wars, Disabled American Veterans, Military Order of the Purple 14.4 Heart, United Spanish War Veterans, and Veterans of World War I, 14.5 and their auxiliaries, incorporated, or when incorporated, under 14.6 the laws of the state, and (3) as space becomes available, to 14.7 other state departments and agencies as the commissioner may 14.8 deem desirable. 14.9 Sec. 10. Minnesota Statutes 1996, section 16B.122, 14.10 subdivision 1, is amended to read: 14.11 Subdivision 1. [DEFINITIONS.] The definitions in this 14.12 subdivision apply to this section. 14.13 (a) "Copier paper" means paper purchased for use in copying 14.14 machines. 14.15 (b) "Office paper" means notepads, loose-leaf fillers, 14.16 tablets, and other paper commonly used in offices. 14.17 (c) "Postconsumer material" means a finished material that 14.18 would normally be discarded as a solid waste, having completed 14.19 its life cycle as a consumer item. 14.20 (d) "Practicable" means capable of being used, consistent 14.21 with performance, in accordance with applicable specifications, 14.22 and availability within a reasonable time. 14.23 (e) "Printing paper" means paper designed for printing, 14.24 other than newsprint, such as offset and publication paper. 14.25 (f) "Public entity" means the state, an office, agency, or 14.26 institution of the state,the metropolitan council,a 14.27 metropolitan agency, the metropolitan mosquito control district, 14.28 the legislature, the courts, a county, a statutory or home rule 14.29 charter city, a town, a school district, another special taxing 14.30 district, or any contractor acting pursuant to a contract with a 14.31 public entity. 14.32 (g) "Soy-based ink" means printing ink made from soy oil. 14.33 (h) "Uncoated" means not coated with plastic, clay, or 14.34 other material used to create a glossy finish. 14.35 Sec. 11. Minnesota Statutes 1996, section 16B.42, 14.36 subdivision 1, is amended to read: 15.1 Subdivision 1. [COMPOSITION.] The intergovernmental 15.2 information systems advisory council is composed of (1) two 15.3 members from each of the following groups: counties outside of 15.4 the seven-county metropolitan area, cities of the second and 15.5 third class outside the metropolitan area, cities of the second 15.6 and third class within the metropolitan area, and cities of the 15.7 fourth class; (2) one member from each of the following groups: 15.8the metropolitan council,an outstate regional body, counties 15.9 within the metropolitan area, cities of the first class, school 15.10 districts in the metropolitan area, school districts outside the 15.11 metropolitan area, and public libraries; (3) one member each 15.12 appointed by the state departments of children, families, and 15.13 learning, human services, revenue, and economic security, the 15.14 office of strategic and long-range planning, and the legislative 15.15 auditor; (4) one member from the office of the state auditor, 15.16 appointed by the auditor; (5) the assistant commissioner of 15.17 administration for the information policy office; (6) one member 15.18 appointed by each of the following organizations: league of 15.19 Minnesota cities, association of Minnesota counties, Minnesota 15.20 association of township officers, and Minnesota association of 15.21 school administrators; and (7) one member of the house of 15.22 representatives appointed by the speaker and one member of the 15.23 senate appointed by the subcommittee on committees of the 15.24 committee on rules and administration. The legislative members 15.25 appointed under clause (7) are nonvoting members. The 15.26 commissioner of administration shall appoint members under 15.27 clauses (1) and (2). The terms, compensation, and removal of 15.28 the appointed members of the advisory council are as provided in 15.29 section 15.059, but the council does not expire until June 30, 15.30 1997. 15.31 Sec. 12. Minnesota Statutes 1996, section 47.52, is 15.32 amended to read: 15.33 47.52 [AUTHORIZATION.] 15.34 (a) With the prior approval of the commissioner, any bank 15.35 doing business in this state may establish and maintain detached 15.36 facilities provided the facilities are located within: (1) the 16.1 municipality in which the principal office of the applicant bank 16.2 is located; or (2) 5,000 feet of its principal office measured 16.3 in a straight line from the closest points of the closest 16.4 structures involved; or (3) a municipality in which no bank is 16.5 located at the time of application; or (4) a municipality having 16.6 a population of more than 10,000; or (5) a municipality having a 16.7 population of 10,000 or less, as determined by the commissioner 16.8 from the latest available data from the state demographer,or16.9for municipalities located in the seven-county metropolitan area16.10from the metropolitan council,and all the banks having a 16.11 principal office in the municipality have consented in writing 16.12 to the establishment of the facility. 16.13 (b) A detached facility shall not be closer than 50 feet to 16.14 a detached facility operated by any other bank and shall not be 16.15 closer than 100 feet to the principal office of any other bank, 16.16 the measurement to be made in the same manner as provided 16.17 above. This paragraph shall not be applicable if the proximity 16.18 to the facility or the bank is waived in writing by the other 16.19 bank and filed with the application to establish a detached 16.20 facility. 16.21 (c) A bank is allowed, in addition to other facilities, 16.22 part-time deposit-taking locations at elementary and secondary 16.23 schools located within the municipality in which the main 16.24 banking house or a detached facility is located if they are 16.25 established in connection with student education programs 16.26 approved by the school administration and consistent with safe, 16.27 sound banking practices. 16.28 (d) A bank whose home state is Minnesota as defined in 16.29 section 48.92 is allowed, in addition to facilities otherwise 16.30 permitted, to establish and operate a de novo detached facility 16.31 in a location in the host states of Iowa, North Dakota, South 16.32 Dakota, and Wisconsin not more than 30 miles from its principal 16.33 office measured in a straight line from the closest points of 16.34 the closest structures involved and subject to requirements of 16.35 sections 47.54 and 47.561 and the following additional 16.36 requirements and conditions: 17.1 (1) there is in effect in the host state a law, rule, or 17.2 ruling that permits Minnesota home state banks to establish de 17.3 novo branches in the host state under conditions substantially 17.4 similar to those imposed by the laws of Minnesota as determined 17.5 by the commissioner; and 17.6 (2) there is in effect a cooperative agreement between the 17.7 home and host state banking regulators to facilitate their 17.8 respective regulation and supervision of the bank including the 17.9 coordination of examinations. 17.10 For purposes of this paragraph, "host state" means a state 17.11 other than the home state, as defined in section 48.92. 17.12 Sec. 13. Minnesota Statutes 1996, section 65B.43, 17.13 subdivision 20, is amended to read: 17.14 Subd. 20. "Political subdivision" means any statutory or 17.15 home rule charter city; county; town; school district; or 17.16metropolitan council, board or commissionagency operating under 17.17 chapter 473. 17.18 Sec. 14. Minnesota Statutes 1996, section 85.015, 17.19 subdivision 14, is amended to read: 17.20 Subd. 14. [STATE TRAIL, RAMSEY AND WASHINGTON COUNTIES.] 17.21 (a) The trail shall originate at milepost 446.19 on the Soo Line 17.22 Railroad right-of-way in the Southeast Quarter of Section 19, 17.23 Township 29 North, Range 22 West, Ramsey County, and shall 17.24 extend in an easterly and northeasterly direction along the Soo 17.25 Line Railroad right-of-way to milepost 438.33 in the Southwest 17.26 Quarter of Section 5, Township 29 North, Range 21 West, in 17.27 Washington County, and there terminate. 17.28 (b) The trail shall be developed primarily for hiking and 17.29 nonmotorized riding. 17.30 (c) In addition to the authority granted in Minnesota 17.31 Statutes, section 85.015, subdivision 1, lands and interests in 17.32 lands for the trail may be acquired by eminent domain. 17.33 (d) The commissioner of natural resources, after consulting 17.34 with all local units of government affected by the trail, and 17.35 with the commissioner of transportation and themetropolitan17.36counciloffice of strategic and long-range planning, shall 18.1 prepare a master plan for the trail. After completion of the 18.2 master plan, any land or interest in land not needed for the 18.3 trail may be disposed of by the commissioner of natural 18.4 resources as follows: 18.5 (1) by transfer to the department of transportation, the 18.6 historical society, or another state agency; 18.7 (2) by sale at not less than the purchase price to a city, 18.8 town, school district, park district, or other political 18.9 subdivision whose boundaries include or are adjacent to the 18.10 land, for public purposes only, after written notice to each of 18.11 these political subdivisions; or 18.12 (3) if no offer to purchase is received from any political 18.13 subdivision within one year after the completion of the master 18.14 plan, then by public sale, at not less than the purchase price, 18.15 upon notice published in the manner provided in section 92.14, 18.16 and otherwise in the same manner as trust fund lands are sold, 18.17 so far as applicable. 18.18 All proceeds derived from sales of unneeded land and 18.19 interest in land shall be deposited in the state bond fund. For 18.20 the purposes of United States Code, title 23, section 138, and 18.21 title 49, section 1653(f), any land or interest in land not 18.22 needed for the trail and transferred to another state agency, or 18.23 sold, does not constitute permanent park, recreation area, or 18.24 wildlife or waterfowl refuge facility land. 18.25 Sec. 15. Minnesota Statutes 1996, section 85.016, is 18.26 amended to read: 18.27 85.016 [BICYCLE TRAIL PROGRAM.] 18.28 The commissioner of natural resources shall establish a 18.29 program for the development of bicycle trails utilizing the 18.30 state trails authorized by section 85.015, other state parks and 18.31 recreation land, and state forests. "Bicycle trail," as used in 18.32 this section, has the meaning given in section 169.01. The 18.33 program shall be coordinated with the local park trail grant 18.34 program established by the commissioner pursuant to section 18.35 85.019, with the bikeway program established by the commissioner 18.36 of transportation pursuant to section 160.265, and with existing 19.1 and proposed local bikeways. In the metropolitan area as 19.2 defined in section 473.121,the program shall be developed in19.3accordance withthe metropolitan council may make 19.4 recommendations about plans and prioritiesestablished by the19.5metropolitan council. The commissioner shall provide technical 19.6 assistance to local units of government in planning and 19.7 developing bicycle trails in local parks. The bicycle trail 19.8 program shall, as a minimum, describe the location, design, 19.9 construction, maintenance, and land acquisition needs of each 19.10 component trail and shall give due consideration to the model 19.11 standards for the establishment of recreational vehicle lanes 19.12 promulgated by the commissioner of transportation pursuant to 19.13 section 160.262. The program shall be developed after 19.14 consultation with the state trail council and regional and local 19.15 units of government and bicyclist organizations. 19.16 Sec. 16. Minnesota Statutes 1996, section 103B.231, 19.17 subdivision 7, is amended to read: 19.18 Subd. 7. [REVIEW OF THE DRAFT PLAN.] (a) Upon completion 19.19 of the plan but before final adoption by the organization, the 19.20 organization must submit the draft plan for a 60-day review and 19.21 comment period to all counties,the metropolitan council,the 19.22 state review agencies, the board of water and soil resources, 19.23 soil and water conservation districts, towns, and statutory and 19.24 home rule charter cities having territory within the watershed. 19.25 The organization may submit the plan for review and comment by 19.26 the metropolitan council. A local government unit that expects 19.27 that substantial amendment of its local comprehensive plan will 19.28 be necessary to bring local water management into conformance 19.29 with the watershed plan must describe as specifically as 19.30 possible, within its comments, the amendments to the local plan 19.31 that it expects will be necessary. If the county has a 19.32 groundwater plan, the county must review and comment on the 19.33 consistency of the watershed plan with the county groundwater 19.34 plan. Differences among local governmental agencies regarding 19.35 the plan must be mediated.Notwithstanding sections 103D.401,19.36103D.405, and 473.165, the council shall review the plan in the20.1same manner and with the same authority and effect as provided20.2for the council's review of the comprehensive plans of local20.3government units under section 473.175. The council shall20.4comment on the apparent conformity with metropolitan system20.5plans of any anticipated amendments to local comprehensive20.6plans. The council shall advise the board of water and soil20.7resources on whether the plan conforms with the management20.8objectives and target pollution loads stated in the council's20.9water resources plan and shall recommend changes in the plan20.10that would satisfy the council's plan.20.11 (b) The watershed management organization must respond in 20.12 writing to any concerns expressed by the review agencies within 20.13 30 days of receipt thereof. 20.14 (c) The watershed management organization must hold a 20.15 public hearing on the draft plan no sooner than 30 days and no 20.16 later than 45 days after the 60-day review period of the draft 20.17 plan. The board or boards of the affected counties shall 20.18 approve or disapprove projects in the capital improvement 20.19 program which may require the provision of county funds pursuant 20.20 to section 103B.251 or 103D.901, subdivision 2. Each county has 20.21 up until the date of the public hearing on the draft plan to 20.22 complete its review of the capital improvement program. If the 20.23 county fails to complete its review within the prescribed 20.24 period, unless an extension is agreed to by the organization the 20.25 program shall be deemed approved. If the watershed extends into 20.26 more than one county and one or more counties disapprove of all 20.27 or part of a capital improvement program while the other county 20.28 or counties approve, the program shall be submitted to the board 20.29 of water and soil resources for review pursuant to subdivision 9. 20.30 Sec. 17. Minnesota Statutes 1996, section 103B.231, 20.31 subdivision 8, is amended to read: 20.32 Subd. 8. [REVIEW BYMETROPOLITAN COUNCILOFFICE OF 20.33 STRATEGIC AND LONG-RANGE PLANNING AND STATE REVIEW AGENCIES.] 20.34 After completion of the review under subdivision 7, the draft 20.35 plan, any amendments thereto, all written comments received on 20.36 the plan, a record of the public hearing, and a summary of 21.1 changes incorporated as a result of the review process shall be 21.2 submitted tothe metropolitan council,the state review 21.3 agencies, and the board of water and soil resources for final 21.4 review and may be submitted to the metropolitan council for 21.5 review. The state review agencies shall review and comment on 21.6 the consistency of the plan with state laws and rules relating 21.7 to water and related land resources. The state review agencies 21.8 shall forward their comments within 45 days after they receive 21.9 the final review draft of the plan to the board. A state review 21.10 agency may request and receive up to a 30-day extension of this 21.11 review period from the board. 21.12 Sec. 18. Minnesota Statutes 1996, section 103B.231, 21.13 subdivision 11, is amended to read: 21.14 Subd. 11. [AMENDMENTS.] To the extent and in the manner 21.15 required by the adopted plan, all amendments to the adopted plan 21.16 shall be submitted to the towns, cities, county,the21.17metropolitan council,the state review agencies, and the board 21.18 of water and soil resources for review in accordance with the 21.19 provisions of subdivisions 7, 8, and 9 and may be submitted to 21.20 the metropolitan council. Amendments necessary to revise the 21.21 plan to be consistent with the county groundwater plan, as 21.22 required by subdivision 4, must be submitted for review in 21.23 accordance with subdivisions 7, 8, and 9. Minor amendments to a 21.24 plan shall be reviewed in accordance with standards prescribed 21.25 in the watershed management plan. 21.26 Sec. 19. Minnesota Statutes 1996, section 103B.235, 21.27 subdivision 3, is amended to read: 21.28 Subd. 3. [REVIEW.] After consideration but before adoption 21.29 by the governing body, each local unit shall submit its water 21.30 management plan to the watershed management organization for 21.31 review for consistency with the watershed plan adopted pursuant 21.32 to section 103B.231. If the county or counties having territory 21.33 within the local unit have a state-approved and locally adopted 21.34 groundwater plan, the local unit shall submit its plan to the 21.35 county or counties for review. The county or counties have 45 21.36 days to review and comment on the plan. The organization shall 22.1 approve or disapprove the local plan or parts of the plan. The 22.2 organization shall have 60 days to complete its review; 22.3 provided, however, that the watershed management organization 22.4shallmay, as part of its review, take into account the comments 22.5 submitted to it by the metropolitan council pursuant to 22.6 subdivision 3a. If the organization fails to complete its 22.7 review within the prescribed period, the local plan shall be 22.8 deemed approved unless an extension is agreed to by the local 22.9 unit. 22.10 Sec. 20. Minnesota Statutes 1996, section 103B.235, 22.11 subdivision 3a, is amended to read: 22.12 Subd. 3a. [REVIEW BY METROPOLITAN COUNCIL.] Concurrently 22.13 with its submission of its local water management plan to the 22.14 watershed management organization as provided in subdivision 3, 22.15 each local unit of governmentshallmay submit its water 22.16 management plan to the metropolitan council for review and 22.17 comment by the council. The council shall have 45 days to 22.18 review and comment upon the local plan or parts of the plan with 22.19 respect to consistency with the council's comprehensive 22.20 development guide for the metropolitan area. The council's 22.21 45-day review period shall run concurrently with the 60-day 22.22 review period by the watershed management organization provided 22.23 in subdivision 3. The metropolitan council shall submit its 22.24 comments to the watershed management organization and shall send 22.25 a copy of its comments to the local government unit. If the 22.26 metropolitan council fails to complete its review and make 22.27 comments to the watershed management organization within the 22.28 45-day period, the watershed management organization shall 22.29 complete its review as provided in subdivision 3. 22.30 Sec. 21. Minnesota Statutes 1996, section 103B.255, 22.31 subdivision 8, is amended to read: 22.32 Subd. 8. [REVIEW OF THE DRAFT PLAN.] (a) Upon completion 22.33 of the groundwater plan but before final adoption by the county, 22.34 the county shall submit the draft plan for a 60-day review and 22.35 comment period to adjoining counties,the metropolitan council,22.36 the state review agencies, the board of water and soil 23.1 resources, each soil and water conservation district, town, 23.2 statutory and home rule charter city, and watershed management 23.3 organization having territory within the county. The 23.4 organization may also submit the draft plan to the metropolitan 23.5 council for review and comment. The county also shall submit 23.6 the plan to any other county or watershed management 23.7 organization or district in the affected groundwater system that 23.8 could affect or be affected by implementation of the plan. Any 23.9 political subdivision or watershed management organization that 23.10 expects that substantial amendment of its plans would be 23.11 necessary in order to bring them into conformance with the 23.12 county groundwater plan shall describe as specifically as 23.13 possible, within its comments, the amendments that it expects 23.14 would be necessary and the cost of amendment and 23.15 implementation. Reviewing entities have 60 days to review and 23.16 comment. Differences among local governmental agencies 23.17 regarding the plan must be mediated.Notwithstanding sections23.18103D.401, 103D.405, and 473.165, the council shall review the23.19plan in the same manner and with the same authority and effect23.20as provided in section 473.175 for review of the comprehensive23.21plans of local government units. The council shall comment on23.22the apparent conformity with metropolitan system plans of any23.23anticipated amendments to watershed plans and local23.24comprehensive plans. The council shall advise the board of23.25water and soil resources on whether the plan conforms with the23.26management objectives stated in the council's water resources23.27plan and shall recommend changes in the plan that would satisfy23.28the council's plan.23.29 (b) The county must respond in writing to any concerns 23.30 expressed by the reviewing agencies within 30 days of receipt 23.31 thereof. 23.32 (c) The county shall hold a public hearing on the draft 23.33 plan no sooner than 30 days and no later than 45 days after the 23.34 60-day review period of the draft plan. 23.35 Sec. 22. Minnesota Statutes 1996, section 103B.255, 23.36 subdivision 9, is amended to read: 24.1 Subd. 9. [REVIEW BY METROPOLITAN COUNCIL AND STATE 24.2 AGENCIES.] After completion of the review under subdivision 8, 24.3 the draft plan, any amendments thereto, all written comments 24.4 received on the plan, a record of the public hearing, and a 24.5 summary of changes incorporated as part of the review process 24.6 must be submitted tothe metropolitan council,the state review 24.7 agencies, and the board of water and soil resources for final 24.8 review and may be submitted to the metropolitan council. The 24.9 state review agencies shall review and comment on the 24.10 consistency of the plan with state laws and rules relating to 24.11 water and related land resources. The state review agencies 24.12 shall forward their comments to the board within 45 days after 24.13 they receive the final review draft of the plan. A state review 24.14 agency may request and receive up to a 30-day extension of this 24.15 review period from the board. 24.16 Sec. 23. Minnesota Statutes 1996, section 103B.255, 24.17 subdivision 12, is amended to read: 24.18 Subd. 12. [AMENDMENTS.] To the extent and in the manner 24.19 required by the adopted plan, all amendments to the adopted plan 24.20 must be submitted to the towns, cities, counties,the24.21metropolitan council,the state review agencies, and the board 24.22 of water and soil resources for review in accordance with the 24.23 provisions of subdivisions 8 to 10 and may also be submitted to 24.24 the metropolitan council. 24.25 Sec. 24. Minnesota Statutes 1996, section 103D.401, 24.26 subdivision 1, is amended to read: 24.27 Subdivision 1. [CONTENTS.] (a) The managers must adopt a 24.28 watershed management plan for any or all of the purposes for 24.29 which a watershed district may be established. The watershed 24.30 management plan must give a narrative description of existing 24.31 water and water-related problems within the watershed district, 24.32 possible solutions to the problems, and the general objectives 24.33 of the watershed district. The watershed management plan must 24.34 also conform closely with watershed management plan guidelines 24.35 as adopted and amended from time to time by the board of water 24.36 and soil resources. 25.1 (b) The watershed management plan may include a separate 25.2 section on proposed projects.If the watershed district is25.3within the metropolitan area, the separate section of proposed25.4projects or petitions for projects to be undertaken according to25.5the watershed management plan is a comprehensive plan of the25.6watershed district for purposes of review by the metropolitan25.7council under section 473.165.25.8 Sec. 25. Minnesota Statutes 1996, section 103D.401, 25.9 subdivision 2, is amended to read: 25.10 Subd. 2. [REVIEW.] The managers must send a copy of the 25.11 proposed watershed management plan to the county auditor of each 25.12 county affected by the watershed district, the board, the 25.13 commissioner, the director, the governing body of each 25.14 municipality affected by the watershed district, and soil and 25.15 water conservation districts affected by the watershed 25.16 district. For a watershed district within the metropolitan 25.17 area, a copy of the proposed watershed management planmustmay 25.18 also be submitted to the metropolitan council. 25.19 Sec. 26. Minnesota Statutes 1996, section 103F.715, is 25.20 amended to read: 25.21 103F.715 [CLEAN WATER PARTNERSHIP PROGRAM ESTABLISHED.] 25.22 A clean water partnership program is established as 25.23 provided in sections 103F.701 to 103F.761. The agency shall 25.24 administer the program in accordance with these sections. As a 25.25 basis for the program, the agencyand the metropolitan council25.26 shall conduct an assessment of waters in accordance with section 25.27 103F.721. The agency shall then provide financial and technical 25.28 assistance in accordance with section 103F.725 to local units of 25.29 government for projects in geographical areas that contribute to 25.30 surface or ground water flows. The projects shall provide for 25.31 protection and improvement of surface and ground water from 25.32 nonpoint sources of water pollution. 25.33 Sec. 27. Minnesota Statutes 1996, section 103F.721, is 25.34 amended to read: 25.35 103F.721 [STATEWIDE RESOURCE ASSESSMENT.] 25.36 The agency shall conduct an assessment of waters of the 26.1 state that have been polluted by nonpoint sources and of 26.2 geographical areas with waters of the state that have a high 26.3 potential for water pollution caused by nonpoint sources.The26.4metropolitan council shall conduct the assessment in the26.5metropolitan area, as defined in section 473.121, subdivision 2,26.6in cooperation with the agency.26.7 Sec. 28. Minnesota Statutes 1996, section 103F.761, 26.8 subdivision 1, is amended to read: 26.9 Subdivision 1. [PROJECT COORDINATION TEAM; MEMBERSHIP.] 26.10 The commissioner shall establish and chair a project 26.11 coordination team made up of representatives of the pollution 26.12 control agency, department of natural resources, board of water 26.13 and soil resources, department of agriculture, department of 26.14 health, Minnesota extension service, University of Minnesota 26.15 agricultural experiment stations, United States Army Corps of 26.16 Engineers, United States Environmental Protection Agency, United 26.17 States Department of Agriculture Agricultural Stabilization and 26.18 Conservation Service, United States Department of Agriculture 26.19 Soil Conservation Service,metropolitan council,Association of 26.20 Minnesota Counties, League of Minnesota Cities, Minnesota 26.21 Association of Townships, and other agencies as the commissioner 26.22 may determine. 26.23 Sec. 29. Minnesota Statutes 1996, section 103G.293, is 26.24 amended to read: 26.25 103G.293 [STATEWIDE DROUGHT PLAN.] 26.26 The commissioner shall establish a plan to respond to 26.27 drought-related emergencies and to prepare a statewide framework 26.28 for drought response. The planmustmay consider metropolitan 26.29 water supplyplansrecommendations of the metropolitan council 26.30 prepared under section 473.156. The plan must provide a 26.31 framework for implementing drought response actions in a staged 26.32 approach related to decreasing levels of flows. Permits issued 26.33 under section 103G.271 must provide conditions on water 26.34 appropriation consistent with the drought response plan 26.35 established by this section. 26.36 Sec. 30. Minnesota Statutes 1996, section 115A.471, is 27.1 amended to read: 27.2 115A.471 [PUBLIC ENTITIES; MANAGEMENT OF SOLID WASTE.] 27.3 (a) Prior to entering into or approving a contract for the 27.4 management of mixed municipal solid waste which would manage the 27.5 waste using a waste management practice that is ranked lower on 27.6 the list of preferred waste management practices in section 27.7 115A.02, paragraph (b), than the waste management practice 27.8 selected for such waste in the county plan for the county in 27.9 which the waste was generated, a public entity must: 27.10 (1) determine the potential liability to the public entity 27.11 and its taxpayers for managing the waste in this manner; 27.12 (2) develop and implement a plan for managing the potential 27.13 liability; and 27.14 (3) submit the information from clauses (1) and (2) to the 27.15 agency. 27.16 (b) For the purpose of this subdivision, "public entity" 27.17 means the state; an office, agency, or institution of the state; 27.18the metropolitan council;a metropolitan agency;the27.19metropolitan mosquito control district;the legislature; the 27.20 courts; a county; a statutory or home rule charter city; a town; 27.21 a school district; another special taxing district; or any other 27.22 general or special purpose unit of government in the state. 27.23 Sec. 31. Minnesota Statutes 1996, section 115A.52, is 27.24 amended to read: 27.25 115A.52 [TECHNICAL ASSISTANCE FOR PROJECTS.] 27.26 The director shall ensure the delivery of technical 27.27 assistance for projects eligible under the program. The 27.28 director may contract for the delivery of technical assistance 27.29 by any state or federal agency, a regional development 27.30 commission,the metropolitan council,or private consultants and 27.31 may use program funds to reimburse the agency, commission, 27.32 council, or consultants. The director shall prepare and publish 27.33 an inventory of sources of technical assistance, including 27.34 studies, publications, agencies, and persons available. The 27.35 director shall ensure statewide benefit from projects assisted 27.36 under the program by developing exchange and training programs 28.1 for local officials and employees and by using the experience 28.2 gained in projects to provide technical assistance and education 28.3 for other solid waste management projects in the state. 28.4 Sec. 32. Minnesota Statutes 1996, section 116D.04, 28.5 subdivision 1a, is amended to read: 28.6 Subd. 1a. For the purposes of this chapter, the following 28.7 terms have the meanings given to them in this subdivision. 28.8 (a) "Natural resources" has the meaning given it in section 28.9 116B.02, subdivision 4. 28.10 (b) "Pollution, impairment or destruction" has the meaning 28.11 given it in section 116B.02, subdivision 5. 28.12 (c) "Environmental assessment worksheet" means a brief 28.13 document which is designed to set out the basic facts necessary 28.14 to determine whether an environmental impact statement is 28.15 required for a proposed action. 28.16 (d) "Governmental action" means activities, including 28.17 projects wholly or partially conducted, permitted, assisted, 28.18 financed, regulated, or approved by units of government 28.19 including the federal government. 28.20 (e) "Governmental unit" means any state agency and any 28.21 general or special purpose unit of government in the state 28.22 including, but not limited to, watershed districts organized 28.23 under chapter 103D, counties, towns, cities, port authorities, 28.24 housing authorities, and economic development authorities 28.25 established under sections 469.090 to 469.108, but not including 28.26 courts, school districts, and regional development commissions 28.27other than the metropolitan council. 28.28 Sec. 33. Minnesota Statutes 1996, section 116G.03, 28.29 subdivision 5, is amended to read: 28.30 Subd. 5. "Regional development commission" means any 28.31 regional development commission created pursuant to sections 28.32 462.381 to 462.396and the metropolitan council created by28.33chapter 473. 28.34 Sec. 34. Minnesota Statutes 1996, section 116G.15, is 28.35 amended to read: 28.36 116G.15 [MISSISSIPPI RIVER CRITICAL AREA.] 29.1 (a) The federal Mississippi National River and Recreation 29.2 Area established pursuant to United States Code, title 16, 29.3 section 460zz-2(k), is designated an area of critical concern in 29.4 accordance with this chapter. The governor shall review the 29.5 existing Mississippi river critical area plan and specify any 29.6 additional standards and guidelines to affected communities in 29.7 accordance with section 116G.06, subdivision 2, paragraph (b), 29.8 clauses (3) and (4), needed to insure preservation of the area 29.9 pending the completion of the federal plan. 29.10 The results of an environmental impact statement prepared 29.11 under chapter 116D begun before and completed after July 1, 29.12 1994, for a proposed project that is located in the Mississippi 29.13 river critical area north of the United States Army Corps of 29.14 Engineers Lock and Dam Number One must be submitted in a report 29.15 to the chairs of the environment and natural resources policy 29.16 and finance committees of the house of representatives and the 29.17 senate prior to the issuance of any state or local permits and 29.18 the authorization for an issuance of any bonds for the project. 29.19 A report made under this paragraph shall be submitted by the 29.20 responsible governmental unit that prepared the environmental 29.21 impact statement, and must list alternatives to the project that 29.22 are determined by the environmental impact statement to be 29.23 economically less expensive and environmentally superior to the 29.24 proposed project and identify any legislative actions that may 29.25 assist in the implementation of environmentally superior 29.26 alternatives. This paragraph does not apply to a proposed 29.27 project to be carried out by themetropolitan council or a29.28 metropolitan agency as defined in section 473.121. 29.29 (b) If the results of an environmental impact statement 29.30 required to be submitted by paragraph (a) indicate that there is 29.31 an economically less expensive and environmentally superior 29.32 alternative, then no member agency of the environmental quality 29.33 board shall issue a permit for the facility that is the subject 29.34 of the environmental impact statement, other than an 29.35 economically less expensive and environmentally superior 29.36 alternative, nor shall any government bonds be issued for the 30.1 facility, other than an economically less expensive and 30.2 environmentally superior alternative, until after the 30.3 legislature has adjourned its regular session sine die in 1996. 30.4 Sec. 35. Minnesota Statutes 1996, section 116J.401, is 30.5 amended to read: 30.6 116J.401 [POWERS AND DUTIES.] 30.7 The commissioner of trade and economic development shall: 30.8 (1) provide regional development commissions, the30.9metropolitan council,and units of local government with 30.10 information, technical assistance, training, and advice on using 30.11 federal and state programs; 30.12 (2) receive and administer the small cities community 30.13 development block grant program authorized by Congress under the 30.14 Housing and Community Development Act of 1974, as amended; 30.15 (3) receive and administer the section 107 technical 30.16 assistance program grants authorized by Congress under the 30.17 Housing and Community Development Act of 1974, as amended; 30.18 (4) receive and administer grants for the Minnesota jail 30.19 resource center authorized by Congress under the Juvenile 30.20 Justice and Delinquency Prevention Act of 1974, as amended; 30.21 (5) receive and administer other state and federal grants 30.22 and grant programs for planning, community affairs, community 30.23 development purposes, and other state and federal programs 30.24 assigned to the department by law or by the governor in 30.25 accordance with section 4.07; and 30.26 (6) receive applications for state and federal grants and 30.27 grant programs for planning, community affairs, and community 30.28 development purposes, and other state and federal programs 30.29 assigned to the department by law or by the governor in 30.30 accordance with section 4.07. 30.31 Sec. 36. Minnesota Statutes 1996, section 116J.402, is 30.32 amended to read: 30.33 116J.402 [COOPERATIVE CONTRACTS.] 30.34 The commissioner of trade and economic development may 30.35 apply for, receive, and spend money for community development 30.36 from municipal, county, regional, and other planning agencies. 31.1 The commissioner may also apply for, accept, and disburse grants 31.2 and other aids for community development and related planning 31.3 from the federal government and other sources. The commissioner 31.4 may enter into contracts with agencies of the federal 31.5 government, local governmental units, regional development 31.6 commissions,and the metropolitan council,other state agencies, 31.7 the University of Minnesota, and other educational institutions, 31.8 and private persons as necessary to perform the commissioner's 31.9 duties. Contracts made according to this section, except those 31.10 with private persons, are not subject to the provisions of 31.11 chapter 16B concerning competitive bidding. 31.12 The commissioner may apply for, receive, and spend money 31.13 made available from federal sources or other sources for the 31.14 purposes of carrying out the duties and responsibilities of the 31.15 commissioner. 31.16 Money received by the commissioner under this section must 31.17 be deposited in the state treasury and is appropriated to the 31.18 commissioner for the purposes for which the money has been 31.19 received. The money does not cancel and is available until 31.20 spent. 31.21 Sec. 37. Minnesota Statutes 1996, section 116M.14, 31.22 subdivision 4, is amended to read: 31.23 Subd. 4. [LOW-INCOME AREA.] "Low-income area" means 31.24 Minneapolis, St. Paul, and inner ring suburbsas defined by the31.25metropolitan councilthat had a median household income below 31.26 $31,000 as reported in the 1990 census. 31.27 Sec. 38. Minnesota Statutes 1996, section 116M.15, 31.28 subdivision 1, is amended to read: 31.29 Subdivision 1. [CREATION; MEMBERSHIP.] The urban 31.30 initiative board is created and consists of the commissioners of 31.31 trade and economic development and economic security, the chair31.32of the metropolitan council,andeightnine members from the 31.33 general public appointed by the governor. Six of the public 31.34 members must be representatives from minority business 31.35 enterprises. No more thanfourfive of the public members may 31.36 be of one gender. All public members must be experienced in 32.1 business or economic development. 32.2 Sec. 39. Minnesota Statutes 1996, section 121.1601, 32.3 subdivision 1, is amended to read: 32.4 Subdivision 1. [ESTABLISHMENT.] (a) An office of 32.5 desegregation/integration is established in the department of 32.6 children, families, and learning to coordinate and support 32.7 activities related to student enrollment, student and staff 32.8 recruitment and retention, transportation, and interdistrict 32.9 cooperation among metropolitan school districts. 32.10 (b) At the request of a metropolitan school district 32.11 involved in cooperative desegregation/integration efforts, the 32.12 office shall perform any of the following activities: 32.13 (1) assist districts with interdistrict student transfers, 32.14 including student recruitment, counseling, placement, and 32.15 transportation; 32.16 (2) coordinate and disseminate information about schools 32.17 and programs; 32.18 (3) assist districts with new magnet schools and programs; 32.19 (4) assist districts in providing staff development and 32.20 in-service training; and 32.21 (5) coordinate and administer staff exchanges. 32.22 (c) The office shall collect data on the efficacy of 32.23 districts' desegregation/integration efforts and make 32.24 recommendations based on the data. The officeshallmay 32.25 periodically consult with the metropolitan council to coordinate 32.26 school desegregation/integration efforts with the housing, 32.27 social, economic, and infrastructure needs of the metropolitan 32.28 area. The office shall develop a process for resolving 32.29 students' disputes and grievances about student transfers under 32.30 a desegregation/integration plan. 32.31 Sec. 40. Minnesota Statutes 1996, section 134.201, 32.32 subdivision 5, is amended to read: 32.33 Subd. 5. [GENERAL LEVY AUTHORITY.] The board may levy for 32.34 operation of public library service. This levy shall replace 32.35 levies for operation of public library service by cities and 32.36 counties authorized in section 134.07. The amount levied shall 33.1 be spread on the net tax capacity of all taxable property in the 33.2 district at a uniform tax rate. 33.3 (a) The maximum amount that may be levied by a board under 33.4 this section is the greater of: 33.5 (1) the statewide average local support per capita for 33.6 public library services for the most recent reporting period 33.7 available, as certified by the commissioner of children, 33.8 families, and learning, multiplied by the population of the 33.9 district according to the most recent estimate of the state 33.10 demographeror the metropolitan council; or 33.11 (2) the total amount provided by participating counties and 33.12 cities under section 134.34, subdivision 4, during the year 33.13 preceding the first year of operation. 33.14 (b) For its first year of operation, the board shall levy 33.15 an amount not less than the total dollar amount provided by 33.16 participating cities and counties during the preceding year 33.17 under section 134.34, subdivision 4. 33.18 Sec. 41. Minnesota Statutes 1996, section 145A.02, 33.19 subdivision 16, is amended to read: 33.20 Subd. 16. [POPULATION.] "Population" means the total 33.21 number of residents of the state or any city or county as 33.22 established by the last federal census, by a special census 33.23 taken by the United States Bureau of the Census,or by the state 33.24 demographer under section 4A.02,or by an estimate of city33.25population prepared by the metropolitan council,whichever is 33.26 the most recent as to the stated date of count or estimate. 33.27 Sec. 42. Minnesota Statutes 1996, section 145A.09, 33.28 subdivision 6, is amended to read: 33.29 Subd. 6. [BOUNDARIES OF COMMUNITY HEALTH SERVICE AREAS.] 33.30 The community health service area of a multicounty or multicity 33.31 community health board must be within a region designated under 33.32 sections 462.381 to 462.398, unless this condition is waived by 33.33 the commissioner with the approval of the regional development 33.34 commission directly involvedor the metropolitan council, if 33.35 appropriate. In a region without a regional development 33.36 commission, the commissioner of trade and economic development 34.1 shall act in place of the regional development commission. 34.2 Sec. 43. Minnesota Statutes 1996, section 162.09, 34.3 subdivision 4, is amended to read: 34.4 Subd. 4. [FEDERAL CENSUS TO BE CONCLUSIVE.] (a) In 34.5 determining whether any city has a population of 5,000 or more, 34.6 the last federal census shall be conclusive, except as otherwise 34.7 provided in this subdivision. 34.8 (b) A city that has previously been classified as having a 34.9 population of 5,000 or more for the purposes of chapter 162 and 34.10 whose population decreases by less than 15 percent from the 34.11 census figure that last qualified the city for inclusion shall 34.12 receive the following percentages of its 1981 apportionment for 34.13 the years indicated: 1982, 66 percent and 1983, 33 percent. 34.14 Thereafter the city shall not receive any apportionment from the 34.15 municipal state-aid street fund unless its population is 34.16 determined to be 5,000 or over by a federal census. The 34.17 governing body of the city may contract with the United States 34.18 Bureau of the Census to take one special census before January 34.19 1, 1986. A certified copy of the results of the census shall be 34.20 filed with the appropriate state authorities by the city. The 34.21 result of the census shall be the population of the city for the 34.22 purposes of any law providing that population is a required 34.23 qualification for distribution of highway aids under chapter 34.24 162. The special census shall remain in effect until the 1990 34.25 federal census is completed and filed. The expense of taking 34.26 the special census shall be paid by the city. 34.27 (c) If an entire area not heretofore incorporated as a city 34.28 is incorporated as such during the interval between federal 34.29 censuses, its population shall be determined by its 34.30 incorporation census. The incorporation census shall be 34.31 determinative of the population of the city only until the next 34.32 federal census. 34.33 (d) The population of a city created by the consolidation 34.34 of two or more previously incorporated cities shall be 34.35 determined by the most recent population estimate of the 34.36metropolitan council orstate demographer, until the first 35.1 federal decennial census or special census taken after the 35.2 consolidation. 35.3 Sec. 44. Minnesota Statutes 1996, section 240.06, 35.4 subdivision 2, is amended to read: 35.5 Subd. 2. [HEARINGS.] Before granting a class A license the 35.6 commission shall conduct one or more public hearings in the area 35.7 where the racetrack is or will be located. The commission shall 35.8 also request comments on the application from the city council 35.9 or town board of the city or town where the track is or will be 35.10 located, or from the county board if it is to be located outside 35.11 a city or town and from the appropriate regional development 35.12 commissionor the metropolitan council, as the case may be. 35.13 Sec. 45. Minnesota Statutes 1996, section 270.12, 35.14 subdivision 3, is amended to read: 35.15 Subd. 3. [JURISDICTIONS IN TWO OR MORE COUNTIES.] When a 35.16 taxing jurisdiction lies in two or more counties, if the sales 35.17 ratio studies prepared by the department of revenue show that 35.18 the average levels of assessment in the several portions of the 35.19 taxing jurisdictions in the different counties differ by more 35.20 than five percent, the board may order the apportionment of the 35.21 levy. When the sales ratio studies prepared by the department 35.22 of revenue show that the average levels of assessment in the 35.23 several portions of the taxing jurisdictions in the different 35.24 counties differ by more than ten percent, the board shall order 35.25 the apportionment of the levy unless (a) the proportion of total 35.26 adjusted gross tax capacity in one of the counties is less than 35.27 ten percent of the total adjusted gross tax capacity in the 35.28 taxing jurisdiction and the average level of assessment in that 35.29 portion of the taxing jurisdiction is the level which differs by 35.30 more than five percent from the assessment level in any one of 35.31 the other portions of the taxing jurisdiction; (b) significant 35.32 changes have been made in the level of assessment in the taxing 35.33 jurisdiction which have not been reflected in the sales ratio 35.34 study, and those changes alter the assessment levels in the 35.35 portions of the taxing jurisdiction so that the assessment level 35.36 now differs by five percent or less; or (c) commercial, 36.1 industrial, mineral, or public utility property predominates in 36.2 one county within the taxing jurisdiction and another class of 36.3 property predominates in another county within that same taxing 36.4 jurisdiction. If one or more of these factors are present, the 36.5 board may order the apportionment of the levy. 36.6 Notwithstanding any other provision, the levy for the 36.7 metropolitan mosquito control district, metropolitan council,36.8metropolitan transit district, and metropolitan transit areathe 36.9 metropolitan waste control commission, and the levies authorized 36.10 by section 473.834, subdivision 2, and Minnesota Statutes 1994, 36.11 sections 473.325, 473.326, 473.39, 473.436, and 473.446 must be 36.12 apportioned without regard to the percentage difference. 36.13 If, pursuant to this subdivision, the board apportions the 36.14 levy, then that levy apportionment among the portions in the 36.15 different counties shall be made in the same proportion as the 36.16 adjusted gross tax capacity as determined by the commissioner in 36.17 each portion is to the total adjusted gross tax capacity of the 36.18 taxing jurisdiction. 36.19 For the purposes of this section, the average level of 36.20 assessment in a taxing jurisdiction or portion thereof shall be 36.21 the aggregate assessment sales ratio. Gross tax capacities as 36.22 determined by the commissioner shall be the gross tax capacities 36.23 as determined for the year preceding the year in which the levy 36.24 to be apportioned is levied. 36.25 Actions pursuant to this subdivision shall be commenced 36.26 subsequent to the annual meeting on April 15 of the state board 36.27 of equalization, but notice of the action shall be given to the 36.28 affected jurisdiction and the appropriate county auditors by the 36.29 following June 30. 36.30 Apportionment of a levy pursuant to this subdivision shall 36.31 be considered as a remedy to be taken after equalization 36.32 pursuant to subdivision 2, and when equalization within the 36.33 jurisdiction would disturb equalization within other 36.34 jurisdictions of which the several portions of the jurisdiction 36.35 in question are a part. 36.36 Sec. 46. Minnesota Statutes 1996, section 275.065, 37.1 subdivision 3, is amended to read: 37.2 Subd. 3. [NOTICE OF PROPOSED PROPERTY TAXES.] (a) The 37.3 county auditor shall prepare and the county treasurer shall 37.4 deliver after November 10 and on or before November 24 each 37.5 year, by first class mail to each taxpayer at the address listed 37.6 on the county's current year's assessment roll, a notice of 37.7 proposed property taxes and, in the case of a town, final 37.8 property taxes. 37.9 (b) The commissioner of revenue shall prescribe the form of 37.10 the notice. 37.11 (c) The notice must inform taxpayers that it contains the 37.12 amount of property taxes each taxing authority other than a town 37.13 proposes to collect for taxes payable the following year and, 37.14 for a town, the amount of its final levy. It must clearly state 37.15 that each taxing authority, including regional library districts 37.16 established under section 134.201, and including the 37.17 metropolitan taxing districts as defined in paragraph (i), but 37.18 excluding all other special taxing districts and towns, will 37.19 hold a public meeting to receive public testimony on the 37.20 proposed budget and proposed or final property tax levy, or, in 37.21 case of a school district, on the current budget and proposed 37.22 property tax levy. It must clearly state the time and place of 37.23 each taxing authority's meeting and an address where comments 37.24 will be received by mail. 37.25 (d) The notice must state for each parcel: 37.26 (1) the market value of the property as determined under 37.27 section 273.11, and used for computing property taxes payable in 37.28 the following year and for taxes payable in the current year; 37.29 and, in the case of residential property, whether the property 37.30 is classified as homestead or nonhomestead. The notice must 37.31 clearly inform taxpayers of the years to which the market values 37.32 apply and that the values are final values; 37.33 (2) by county, city or town, school district excess 37.34 referenda levy, remaining school district levy, regional library 37.35 district, if in existence, the total of the metropolitan special 37.36 taxing districts as defined in paragraph (i) and the sum of the 38.1 remaining special taxing districts, and as a total of the taxing 38.2 authorities, including all special taxing districts, the 38.3 proposed or, for a town, final net tax on the property for taxes 38.4 payable the following year and the actual tax for taxes payable 38.5 the current year. If a school district has certified under 38.6 section 124A.03, subdivision 2, that a referendum will be held 38.7 in the school district at the November general election, the 38.8 county auditor must note next to the school district's proposed 38.9 amount that a referendum is pending and that, if approved by the 38.10 voters, the tax amount may be higher than shown on the notice. 38.11 For the purposes of this subdivision, "school district excess 38.12 referenda levy" means school district taxes for operating 38.13 purposes approved at referendums, including those taxes based on 38.14 net tax capacity as well as those based on market value. 38.15 "School district excess referenda levy" does not include school 38.16 district taxes for capital expenditures approved at referendums 38.17 or school district taxes to pay for the debt service on bonds 38.18 approved at referenda. In the case of the city of Minneapolis, 38.19 the levy for the Minneapolis library board and the levy for 38.20 Minneapolis park and recreation shall be listed separately from 38.21 the remaining amount of the city's levy. In the case of a 38.22 parcel where tax increment or the fiscal disparities areawide 38.23 tax under chapter 276A or 473F applies, the proposed tax levy on 38.24 the captured value or the proposed tax levy on the tax capacity 38.25 subject to the areawide tax must each be stated separately and 38.26 not included in the sum of the special taxing districts; and 38.27 (3) the increase or decrease in the amounts in clause (2) 38.28 from taxes payable in the current year to proposed or, for a 38.29 town, final taxes payable the following year, expressed as a 38.30 dollar amount and as a percentage. 38.31 (e) The notice must clearly state that the proposed or 38.32 final taxes do not include the following: 38.33 (1) special assessments; 38.34 (2) levies approved by the voters after the date the 38.35 proposed taxes are certified, including bond referenda, school 38.36 district levy referenda, and levy limit increase referenda; 39.1 (3) amounts necessary to pay cleanup or other costs due to 39.2 a natural disaster occurring after the date the proposed taxes 39.3 are certified; 39.4 (4) amounts necessary to pay tort judgments against the 39.5 taxing authority that become final after the date the proposed 39.6 taxes are certified; and 39.7 (5) the contamination tax imposed on properties which 39.8 received market value reductions for contamination. 39.9 (f) Except as provided in subdivision 7, failure of the 39.10 county auditor to prepare or the county treasurer to deliver the 39.11 notice as required in this section does not invalidate the 39.12 proposed or final tax levy or the taxes payable pursuant to the 39.13 tax levy. 39.14 (g) If the notice the taxpayer receives under this section 39.15 lists the property as nonhomestead and the homeowner provides 39.16 satisfactory documentation to the county assessor that the 39.17 property is owned and used as the owner's homestead, the 39.18 assessor shall reclassify the property to homestead for taxes 39.19 payable in the following year. 39.20 (h) In the case of class 4 residential property used as a 39.21 residence for lease or rental periods of 30 days or more, the 39.22 taxpayer must either: 39.23 (1) mail or deliver a copy of the notice of proposed 39.24 property taxes to each tenant, renter, or lessee; or 39.25 (2) post a copy of the notice in a conspicuous place on the 39.26 premises of the property. 39.27 The notice must be mailed or posted by the taxpayer by 39.28 November 27 or within three days of receipt of the notice, 39.29 whichever is later. A taxpayer may notify the county treasurer 39.30 of the address of the taxpayer, agent, caretaker, or manager of 39.31 the premises to which the notice must be mailed in order to 39.32 fulfill the requirements of this paragraph. 39.33 (i) For purposes of this subdivision, subdivisions 5a and 39.34 6, "metropolitan special taxing districts" means the following 39.35 taxing districts in the seven-county metropolitan area that levy 39.36 a property tax for any of the specified purposes listed below: 40.1 (1) metropolitancouncil under section 473.132, 473.167,40.2473.249, 473.325, 473.446, 473.521, 473.547, or 473.834counties 40.3 as provided in this act; 40.4 (2) metropolitan airports commission under section 473.667, 40.5 473.671, or 473.672;and40.6 (3) metropolitan mosquito control commission under section 40.7 473.711; and 40.8 (4) metropolitan waste control commission under sections 40.9 473.521, 473.541, and 473.547. 40.10 For purposes of this section, any levies made by the 40.11 regional rail authorities in the county of Anoka, Carver, 40.12 Dakota, Hennepin, Ramsey, Scott, or Washington under chapter 40.13 398A shall be included with the appropriate county's levy and 40.14 shall be discussed at that county's public hearing. 40.15 (j) For taxes levied in 1996, payable in 1997 only, in the 40.16 case of a statutory or home rule charter city or town that 40.17 exercises the local levy option provided in section 473.388, 40.18 subdivision 7, the notice of its proposed taxes may include a 40.19 statement of the amount by which its proposed tax increase for 40.20 taxes payable in 1997 is attributable to its exercise of that 40.21 option, together with a statement that the levy of the 40.22 metropolitan council was decreased by a similar amount because 40.23 of the exercise of that option. 40.24 Sec. 47. Minnesota Statutes 1996, section 275.065, 40.25 subdivision 5a, is amended to read: 40.26 Subd. 5a. [PUBLIC ADVERTISEMENT.] (a) A city that has a 40.27 population of more than 2,500, county, a metropolitan special 40.28 taxing district as defined in subdivision 3, paragraph (i), a 40.29 regional library district established under section 134.201, or 40.30 school district shall advertise in a newspaper a notice of its 40.31 intent to adopt a budget and property tax levy or, in the case 40.32 of a school district, to review its current budget and proposed 40.33 property taxes payable in the following year, at a public 40.34 hearing. The notice must be published not less than two 40.35 business days nor more than six business days before the hearing. 40.36 The advertisement must be at least one-eighth page in size 41.1 of a standard-size or a tabloid-size newspaper. The 41.2 advertisement must not be placed in the part of the newspaper 41.3 where legal notices and classified advertisements appear. The 41.4 advertisement must be published in an official newspaper of 41.5 general circulation in the taxing authority. The newspaper 41.6 selected must be one of general interest and readership in the 41.7 community, and not one of limited subject matter. The 41.8 advertisement must appear in a newspaper that is published at 41.9 least once per week. 41.10 For purposes of this section, the metropolitan special 41.11 taxing district's advertisement must only be published in the 41.12 Minneapolis Star and Tribune and the Saint Paul Pioneer Press. 41.13 (b) The advertisement must be in the following form, except 41.14 that the notice for a school district may include references to 41.15 the current budget in regard to proposed property taxes. 41.16 "NOTICE OF 41.17 PROPOSED PROPERTY TAXES 41.18 (City/County/School District/Metropolitan 41.19 Special Taxing District/Regional 41.20 Library District) of ......... 41.21 The governing body of ........ will soon hold budget hearings 41.22 and vote on the property taxes for (city/county/metropolitan 41.23 special taxing district/regional library district services that 41.24 will be provided in 199_/school district services that will be 41.25 provided in 199_ and 199_). 41.26 NOTICE OF PUBLIC HEARING: 41.27 All concerned citizens are invited to attend a public hearing 41.28 and express their opinions on the proposed (city/county/school 41.29 district/metropolitan special taxing district/regional library 41.30 district) budget and property taxes, or in the case of a school 41.31 district, its current budget and proposed property taxes, 41.32 payable in the following year. The hearing will be held on 41.33 (Month/Day/Year) at (Time) at (Location, Address)." 41.34 (c) A city with a population of over 500 but not more than 41.35 2,500 must advertise by posted notice as defined in section 41.36 645.12, subdivision 1. The advertisement must be posted at the 42.1 time provided in paragraph (a). It must be in the form required 42.2 in paragraph (b). 42.3 (d) For purposes of this subdivision, the population of a 42.4 city is the most recent population as determined by the state 42.5 demographer under section 4A.02. 42.6 (e) The commissioner of revenue, subject to the approval of 42.7 the chairs of the house and senate tax committees, shall 42.8 prescribe the form and format of the advertisement. 42.9 (f) For calendar year 1993, each taxing authority required 42.10 to publish an advertisement must include on the advertisement a 42.11 statement that information on the increases or decreases of the 42.12 total budget, including employee and independent contractor 42.13 compensation in the prior year, current year, and proposed 42.14 budget year will be discussed at the hearing. 42.15 (g) Notwithstanding paragraph (f), for 1993, the 42.16 commissioner of revenue shall prescribe the form, format, and 42.17 content of an advertisement comparing current and proposed 42.18 expense budgets for the metropolitancouncil, the metropolitan42.19airports commission, and the metropolitan mosquito control42.20commissionspecial taxing districts. The expense budget must 42.21 include occupancy, personnel, contractual and capital 42.22 improvement expenses. The form, format, and content of the 42.23 advertisement must be approved by the chairs of the house and 42.24 senate tax committees prior to publication. 42.25 Sec. 48. Minnesota Statutes 1996, section 275.14, is 42.26 amended to read: 42.27 275.14 [CENSUS.] 42.28 For the purposes of sections 275.124 to 275.16, the 42.29 population of a city shall be that established by the last 42.30 federal census, by a special census taken by the United States 42.31 Bureau of the Census, by an estimate made by themetropolitan42.32council, or by thestate demographer made according to section 42.33 4A.02, whichever has the latest stated date of count or 42.34 estimate, before July 2 of the current levy year. The 42.35 population of a school district must be as certified by the 42.36 department of children, families, and learning from the most 43.1 recent federal census. 43.2 In any year in which no federal census is taken pursuant to 43.3 law in any school district affected by sections 275.124 to 43.4 275.16 a population estimate may be made and submitted to the 43.5 state demographer for approval as hereinafter provided. The 43.6 school board of a school district, in case it desires a 43.7 population estimate, shall pass a resolution by July 1 43.8 containing a current estimate of the population of the school 43.9 district and shall submit the resolution to the state 43.10 demographer. The resolution shall describe the criteria on 43.11 which the estimate is based and shall be in a form and 43.12 accompanied by the data prescribed by the state demographer. 43.13 The state demographer shall determine whether or not the 43.14 criteria and process described in the resolution provide a 43.15 reasonable basis for the population estimate and shall inform 43.16 the school district of that determination within 30 days of 43.17 receipt of the resolution. If the state demographer determines 43.18 that the criteria and process described in the resolution do not 43.19 provide a reasonable basis for the population estimate, the 43.20 resolution shall be of no effect. If the state demographer 43.21 determines that the criteria and process do provide a reasonable 43.22 basis for the population estimate, the estimate shall be treated 43.23 as the population of the school district for the purposes of 43.24 sections 275.124 to 275.16 until the population of the school 43.25 district has been established by the next federal census or 43.26 until a more current population estimate is prepared and 43.27 approved as provided herein, whichever occurs first. The state 43.28 demographer shall establish guidelines for acceptable population 43.29 estimation criteria and processes. The state demographer shall 43.30 issue advisory opinions upon request in writing to cities or 43.31 school districts as to proposed criteria and processes prior to 43.32 their implementation in an estimation. The advisory opinion 43.33 shall be final and binding upon the demographer unless the 43.34 demographer can show cause why it should not be final and 43.35 binding. 43.36 In the event that a census tract employed in taking a 44.1 federal or local census overlaps two or more school districts, 44.2 the county auditor shall, on the basis of the best information 44.3 available, allocate the population of said census tract to the 44.4 school districts involved. 44.5 The term "council," as used in sections 275.124 to 275.16, 44.6 means any board or body, whether composed of one or more 44.7 branches, authorized to make ordinances for the government of a 44.8 city within this state. 44.9 Sec. 49. Minnesota Statutes 1996, section 275.62, 44.10 subdivision 3, is amended to read: 44.11 Subd. 3. [POPULATION ESTIMATE.] For the purposes of this 44.12 section, the population of a local governmental unit shall be 44.13 that established by the last federal census, by a census taken 44.14 under section 275.14, or by an estimate made by themetropolitan44.15council or by thestate demographer made under section 4A.02, 44.16 whichever is the most recent as to the stated date of count or 44.17 estimate for the calendar year preceding the current levy year. 44.18 Sec. 50. Minnesota Statutes 1996, section 352.01, 44.19 subdivision 2a, is amended to read: 44.20 Subd. 2a. [INCLUDED EMPLOYEES.] (a) "State employee" 44.21 includes: 44.22 (1) employees of the Minnesota historical society; 44.23 (2) employees of the state horticultural society; 44.24 (3) employees of the Disabled American Veterans, Department 44.25 of Minnesota, Veterans of Foreign Wars, Department of Minnesota, 44.26 if employed before July 1, 1963; 44.27 (4) employees of the Minnesota crop improvement 44.28 association; 44.29 (5) employees of the adjutant general who are paid from 44.30 federal funds and who are not covered by any federal civilian 44.31 employees retirement system; 44.32 (6) employees of the state universities employed under the 44.33 university activities program; 44.34 (7) currently contributing employees covered by the system 44.35 who are temporarily employed by the legislature during a 44.36 legislative session or any currently contributing employee 45.1 employed for any special service as defined in clause (8) of 45.2 subdivision 2b; 45.3 (8) employees of the armory building commission; 45.4 (9) permanent employees of the legislature and persons 45.5 employed or designated by the legislature or by a legislative 45.6 committee or commission or other competent authority to conduct 45.7 a special inquiry, investigation, examination, or installation; 45.8 (10) trainees who are employed on a full-time established 45.9 training program performing the duties of the classified 45.10 position for which they will be eligible to receive immediate 45.11 appointment at the completion of the training period; 45.12 (11) employees of the Minnesota safety council; 45.13 (12) any employees on authorized leave of absence from the 45.14 transit operating division of the former metropolitan transit 45.15 commission who are employed by the labor organization which is 45.16 the exclusive bargaining agent representing employees of the 45.17 transit operating division; 45.18 (13) employees of themetropolitan council, metropolitan45.19parks and open space commission, metropolitan sports facilities45.20commission,metropolitan mosquito control commission,or 45.21 metropolitanradio boardwaste control commission unless 45.22 excluded or covered by another public pension fund or plan under 45.23 section 473.415, subdivision 3; 45.24 (14) judges of the tax court; and 45.25 (15) personnel employed on June 30, 1992, by the University 45.26 of Minnesota in the management, operation, or maintenance of its 45.27 heating plant facilities, whose employment transfers to an 45.28 employer assuming operation of the heating plant facilities, so 45.29 long as the person is employed at the University of Minnesota 45.30 heating plant by that employer or by its successor organization. 45.31 (b) Employees specified in paragraph (a), clause (15), are 45.32 included employees under paragraph (a) providing that employer 45.33 and employee contributions are made in a timely manner in the 45.34 amounts required by section 352.04. Employee contributions must 45.35 be deducted from salary. Employer contributions are the sole 45.36 obligation of the employer assuming operation of the University 46.1 of Minnesota heating plant facilities or any successor 46.2 organizations to that employer. 46.3 Sec. 51. Minnesota Statutes 1996, section 403.07, 46.4 subdivision 1, is amended to read: 46.5 Subdivision 1. [RULES.] The department of administration 46.6 shall establish and adopt in accordance with chapter 14, rules 46.7 for the administration of this chapter and for the development 46.8 of 911 systems in the state including: 46.9 (a) design standards for 911 systemsincorporating the46.10standards adopted pursuant to subdivision 2 for the seven-county46.11metropolitan area; and 46.12 (b) a procedure for determining and evaluating requests for 46.13 variations from the established design standards. 46.14 Sec. 52. Minnesota Statutes 1996, section 414.02, 46.15 subdivision 3, is amended to read: 46.16 Subd. 3. [BOARD FACTORS, ORDER.] In arriving at its 46.17 decision, the board shall consider the following factors: 46.18 (a) Present population and number of households, past 46.19 population and projected population growth for the subject area; 46.20 (b) Quantity of land within the subject area; the natural 46.21 terrain including recognizable physical features, general 46.22 topography, major watersheds, soil conditions and such natural 46.23 features as rivers, lakes and major bluffs; 46.24 (c) Present pattern of physical development, planning, and 46.25 intended land uses in the subject area including residential, 46.26 industrial, commercial, agricultural, and institutional land 46.27 uses and the impact of the proposed action on those uses; 46.28 (d) The present transportation network and potential 46.29 transportation issues, including proposed highway development; 46.30 (e) Land use controls and planning presently being utilized 46.31 in the subject area, including comprehensive plans, policies of46.32the metropolitan council; and whether there are inconsistencies 46.33 between proposed development and existing land use controls; 46.34 (f) Existing levels of governmental services being provided 46.35 to the subject area, including water and sewer service, fire 46.36 rating and protection, law enforcement, street improvements and 47.1 maintenance, administrative services, and recreational 47.2 facilities and the impact of the proposed action on the delivery 47.3 of the services; 47.4 (g) Existing or potential environmental problems and 47.5 whether the proposed action is likely to improve or resolve 47.6 these problems; 47.7 (h) Fiscal impact on the subject area and adjacent units of 47.8 local government, including present bonded indebtedness; local 47.9 tax rates of the county, school district, and other governmental 47.10 units, including, where applicable, the net tax capacity of 47.11 platted and unplatted lands and the division of homestead and 47.12 nonhomestead property; and other tax and governmental aid 47.13 issues; 47.14 (i) Relationship and effect of the proposed action on 47.15 affected and adjacent school districts and communities; 47.16 (j) Whether delivery of services to the subject area can be 47.17 adequately and economically delivered by the existing 47.18 government; 47.19 (k) Analysis of whether necessary governmental services can 47.20 best be provided through the proposed action or another type of 47.21 boundary adjustment; 47.22 (1) Degree of contiguity of the boundaries of the subject 47.23 area and adjacent units of local government; and 47.24 (m) Analysis of the applicability of the state building 47.25 code. 47.26 Based upon these factors, the board may order the 47.27 incorporation if it finds that (a) the property to be 47.28 incorporated is now, or is about to become, urban or suburban in 47.29 character, or (b) that the existing township form of government 47.30 is not adequate to protect the public health, safety, and 47.31 welfare, or (c) the proposed incorporation would be in the best 47.32 interests of the area under consideration. The board may deny 47.33 the incorporation if the area, or a part thereof, would be 47.34 better served by annexation to an adjacent municipality. 47.35 The board may alter the boundaries of the proposed 47.36 incorporation by increasing or decreasing the area to be 48.1 incorporated so as to include only that property which is now, 48.2 or is about to become, urban or suburban in character, or may 48.3 exclude property that may be better served by another unit of 48.4 government. The board may also alter the boundaries of the 48.5 proposed incorporation so as to follow visible, clearly 48.6 recognizable physical features for municipal boundaries. In all 48.7 cases, the board shall set forth the factors which are the basis 48.8 for the decision. 48.9 Notwithstanding any other provision of law to the contrary 48.10 relating to the number of wards which may be established, the 48.11 board may provide for election of council members by wards, not 48.12 less than three nor more than seven in number, whose limits are 48.13 prescribed in the board order upon a finding that area 48.14 representation is required to accord proper representation in 48.15 the proposed incorporated area because of uneven population 48.16 density in different parts thereof or the existence of 48.17 agricultural lands therein which are in the path of suburban 48.18 development, but after four years from the effective date of an 48.19 incorporation the council of the municipality may by resolution 48.20 adopted by a four-fifths vote abolish the ward system and 48.21 provide for the election of all council members at large as in 48.22 other municipalities. 48.23 The board's order for incorporation shall provide for the 48.24 election of municipal officers in accordance with section 48.25 414.09. The plan of government shall be "Optional Plan A", 48.26 provided that an alternate plan may be adopted pursuant to 48.27 section 412.551, at any time. The ordinances of the township in 48.28 which the new municipality is located shall continue in effect 48.29 until repealed by the governing body of the new municipality. 48.30 Sec. 53. Minnesota Statutes 1996, section 414.031, 48.31 subdivision 4, is amended to read: 48.32 Subd. 4. [BOARD FACTORS, ORDER.] In arriving at its 48.33 decision, the board shall consider the following factors: 48.34 (a) Present population and number of households, past 48.35 population and projected population growth of the subject area 48.36 and adjacent units of local government; 49.1 (b) Quantity of land within the subject area and adjacent 49.2 units of local government; and natural terrain including 49.3 recognizable physical features, general topography, major 49.4 watersheds, soil conditions and such natural features as rivers, 49.5 lakes and major bluffs; 49.6 (c) Degree of contiguity of the boundaries between the 49.7 annexing municipality and the subject area; 49.8 (d) Present pattern of physical development, planning, and 49.9 intended land uses in the subject area and the annexing 49.10 municipality including residential, industrial, commercial, 49.11 agricultural and institutional land uses and the impact of the 49.12 proposed action on those land uses; 49.13 (e) The present transportation network and potential 49.14 transportation issues, including proposed highway development; 49.15 (f) Land use controls and planning presently being utilized 49.16 in the annexing municipality and the subject area, including 49.17 comprehensive plans for development in the areaand plans and49.18policies of the metropolitan council, and whether there are 49.19 inconsistencies between proposed development and existing land 49.20 use controls and the reasons therefore; 49.21 (g) Existing levels of governmental services being provided 49.22 in the annexing municipality and the subject area, including 49.23 water and sewer service, fire rating and protection, law 49.24 enforcement, street improvements and maintenance, administrative 49.25 services, and recreational facilities and the impact of the 49.26 proposed action on the delivery of said services; 49.27 (h) Existing or potential environmental problems and 49.28 whether the proposed action is likely to improve or resolve 49.29 these problems; 49.30 (i) Plans and programs by the annexing municipality for 49.31 providing needed governmental services to the subject area; 49.32 (j) An analysis of the fiscal impact on the annexing 49.33 municipality, the subject area, and adjacent units of local 49.34 government, including net tax capacity and the present bonded 49.35 indebtedness, and the local tax rates of the county, school 49.36 district, and township; 50.1 (k) Relationship and effect of the proposed action on 50.2 affected and adjacent school districts and communities; 50.3 (l) Adequacy of town government to deliver services to the 50.4 subject area; 50.5 (m) Analysis of whether necessary governmental services can 50.6 best be provided through the proposed action or another type of 50.7 boundary adjustment; and 50.8 (n) If only a part of a township is annexed, the ability of 50.9 the remainder of the township to continue or the feasibility of 50.10 it being incorporated separately or being annexed to another 50.11 municipality. 50.12 Based upon the factors, the board may order the annexation 50.13 (a) if it finds that the subject area is now, or is about to 50.14 become, urban or suburban in character, or (b) if it finds that 50.15 municipal government in the area proposed for annexation is 50.16 required to protect the public health, safety, and welfare, or 50.17 (c) if it finds that the annexation would be in the best 50.18 interest of the subject area. If only a part of a township is 50.19 to be annexed, the board shall consider whether the remainder of 50.20 the township can continue to carry on the functions of 50.21 government without undue hardship. The board shall deny the 50.22 annexation if it finds that the increase in revenues for the 50.23 annexing municipality bears no reasonable relation to the 50.24 monetary value of benefits conferred upon the annexed area. The 50.25 board may deny the annexation (a) if it appears that annexation 50.26 of all or a part of the property to an adjacent municipality 50.27 would better serve the interests of the residents of the 50.28 property or (b) if the remainder of the township would suffer 50.29 undue hardship. 50.30 The board may alter the boundaries of the area to be 50.31 annexed by increasing or decreasing the area so as to include 50.32 only that property which is now or is about to become urban or 50.33 suburban in character or to add property of such character 50.34 abutting the area proposed for annexation in order to preserve 50.35 or improve the symmetry of the area, or to exclude property that 50.36 may better be served by another unit of government. The board 51.1 may also alter the boundaries of the proposed annexation so as 51.2 to follow visible, clearly recognizable physical features. If 51.3 the board determines that part of the area would be better 51.4 served by another municipality or township, the board may 51.5 initiate and approve annexation on its own motion by conducting 51.6 further hearings and issuing orders pursuant to subdivisions 3 51.7 and 4. In all cases, the board shall set forth the factors 51.8 which are the basis for the decision. 51.9 Sec. 54. Minnesota Statutes 1996, section 462.382, is 51.10 amended to read: 51.11 462.382 [APPLICATION.] 51.12 The provisions of sections 462.381 to 462.398 have no 51.13 application to the metropolitancouncil created by or the region51.14 area definedby Laws 1967, chapter 896in section 473.121, 51.15 subdivision 2. 51.16 Sec. 55. Minnesota Statutes 1996, section 462A.04, 51.17 subdivision 1, is amended to read: 51.18 Subdivision 1. There is created a public body corporate 51.19 and politic to be known as the "Minnesota housing finance 51.20 agency," which shall perform the governmental functions and 51.21 exercise the sovereign powers delegated to it in this chapter in 51.22 furtherance of the public policies and purposes declared in 51.23 section 462A.02. The agency shall consist of the commissioner 51.24 of trade and economic development, state auditor, and five 51.25 public members appointed by the governor with advice and consent 51.26 of the senate. No more than two public members shall reside in 51.27 the metropolitan areaof jurisdiction of the metropolitan51.28councilasprovideddefined in section473.123473.121, 51.29 subdivision12, and no more than one public member shall reside 51.30 in any one of the development regions established under the 51.31 provisions of sections 462.381 to 462.396. Each member shall 51.32 hold office until a successor has been appointed and has 51.33 qualified. A certificate of appointment or reappointment of any 51.34 member shall be conclusive evidence of the due and proper 51.35 appointment of the member. 51.36 Sec. 56. Minnesota Statutes 1996, section 462A.07, 52.1 subdivision 11, is amended to read: 52.2 Subd. 11. [COOPERATIVE RELATIONSHIPS.] It may establish 52.3 cooperative relationships with such regional county and 52.4 multicounty housing authorities as may be established,including52.5the metropolitan council,and may develop priorities for the 52.6 utilization of agency resources and assistance within a region 52.7 in cooperation with regional county and multicounty housing 52.8 authorities. 52.9 Sec. 57. Minnesota Statutes 1996, section 462C.04, 52.10 subdivision 2, is amended to read: 52.11 Subd. 2. [PROGRAM REVIEW.] A public hearing shall be held 52.12 on each program after one publication of notice in a newspaper 52.13 circulating generally in the city, at least 15 days before the 52.14 hearing. On or before the day on which notice of the public 52.15 hearing is published, the cityshallmay submit the program to 52.16 the metropolitan council, if the city is located in the 52.17 metropolitan area as defined in section 473.121, subdivision 2, 52.18 or to the regional development commission for the area in which 52.19 the city is located, if any, for review and comment. The 52.20 appropriate reviewing agency shall comment on: 52.21 (a) whether the program furthers local and regional housing 52.22 policies and is consistent with the metropolitan development 52.23 guide, if the city is located in the metropolitan area, or 52.24 adopted policies of the regional development commission; and 52.25 (b) the compatibility of the program with the housing 52.26 portion of the comprehensive plan of the city, if any. 52.27 Review of the program may be conducted either by the board 52.28 of the reviewing agency or by the staff of the agency. Any 52.29 comment submitted by the reviewing agency to the city must be 52.30 presented to the body considering the proposed program at the 52.31 public hearing held on the program. 52.32 A member or employee of the reviewing agency shall be 52.33 permitted to present the comments of the reviewing agency at the 52.34 public hearing. After conducting the public hearing, the 52.35 program may be adopted with or without amendment, provided that 52.36 any amendments must not be inconsistent with the comments, if 53.1 any, of the reviewing agency and must not contain any material 53.2 changes from the program submitted to the reviewing agency other 53.3 than changes in the financial aspects of any proposed issue of 53.4 bonds or obligations. If any material change other than a 53.5 change in the financial aspects of a proposed issue of bonds or 53.6 obligations, or any change which is inconsistent with the 53.7 comments of the reviewing agency is adopted, the amended program 53.8 shall be resubmitted to the appropriate reviewing agency for 53.9 review and comment, and a public hearing shall be held on the 53.10 amended program after one publication of notice in a newspaper 53.11 circulating generally in the city at least 15 days before the 53.12 hearing. The amended program shall be considered after the 53.13 public hearing in the same manner as consideration of the 53.14 initial program. 53.15 Sec. 58. Minnesota Statutes 1996, section 462C.071, 53.16 subdivision 2, is amended to read: 53.17 Subd. 2. [LIMITATION; ORIGINATION PERIOD.] During the 53.18 first ten months of an origination period, a city may make loans 53.19 financed with proceeds of mortgage bonds for the purchase of 53.20 existing housing. Loans financed with the proceeds of mortgage 53.21 bonds for new housing in the metropolitan area may be made 53.22 during the first ten months of an origination period only if at 53.23 least one of the following conditions is met: 53.24 (1) the new housing is located in a redevelopment area; 53.25 (2) the new housing is replacing a structurally substandard 53.26 structure or structures; 53.27 (3) the new housing is located on a parcel purchased by the 53.28 city or conveyed to the city under section 282.01, subdivision 53.29 1; or 53.30 (4) the new housing is part of a housing affordability 53.31 initiative, other than those financed with the proceeds from the 53.32 sale of bonds, in which federal, state, or local assistance is 53.33 used to substantially improve the terms of the financing or to 53.34 substantially write down the purchase price of the new housing;53.35or53.36(5) the new housing is located in a city that has entered54.1into a housing affordability agreement with the metropolitan54.2council. 54.3 Upon expiration of the first ten-month period, a city may 54.4 make loans financed with the proceeds of mortgage bonds for the 54.5 purchase of new and existing housing. 54.6 Sec. 59. Minnesota Statutes 1996, section 462C.071, 54.7 subdivision 4, is amended to read: 54.8 Subd. 4. [REDEVELOPMENT AREA.] A city located within the 54.9 metropolitan areamustmay submit to the metropolitan council 54.10 the resolution adopted by the governing body of the city finding 54.11 an area to be a redevelopment area and a map of the 54.12 redevelopment area. 54.13 Sec. 60. Minnesota Statutes 1996, section 465.797, 54.14 subdivision 3, is amended to read: 54.15 Subd. 3. [REVIEW PROCESS.] (a) Upon receipt of an 54.16 application from a local government unit, the board shall review 54.17 the application. The board shall dismiss an application if it 54.18 finds that the application proposes a waiver of rules or 54.19 exemption from enforcement of laws that would result in due 54.20 process violations, violations of federal law or the state or 54.21 federal constitution, or the loss of services to people who are 54.22 entitled to them. 54.23 (b) The board shall determine whether a law from which an 54.24 exemption for enforcement is sought is a procedural law, 54.25 specifying how a local government unit is to achieve an outcome, 54.26 rather than a substantive law prescribing the outcome or 54.27 otherwise establishing policy. In making its determination, the 54.28 board shall consider whether the law specifies such requirements 54.29 as: 54.30 (1) who must deliver a service; 54.31 (2) where the service must be delivered; 54.32 (3) to whom and in what form reports regarding the service 54.33 must be made; and 54.34 (4) how long or how often the service must be made 54.35 available to a given recipient. 54.36 (c) If the commissioner of finance, the commissioner of 55.1 administration, or the state auditor has jurisdiction over a 55.2 rule or law affected by an application, the chief administrative 55.3 law judge, as soon as practicable after receipt of the 55.4 application, shall designate a third administrative law judge to 55.5 serve as a member of the board in place of that official while 55.6 the board is deciding whether to grant the waiver or exemption. 55.7 (d)If the application is submitted by a local government55.8unit in the metropolitan area or the unit requests a waiver of a55.9rule or temporary, limited exemptions from enforcement of a55.10procedural law over which the metropolitan council or a55.11metropolitan agency has jurisdiction, the board shall also55.12transmit a copy of the application to the council for review and55.13comment. The council shall report its comments to the board55.14within 60 days of the date the application was transmitted to55.15the council. The council may point out any resources or55.16technical assistance it may be able to provide a local55.17government submitting a request under this section.55.18(e)Within 15 days after receipt of the application, the 55.19 board shall transmit a copy of it to the commissioner of each 55.20 agency having jurisdiction over a rule or law from which a 55.21 waiver or exemption is sought. The agency may mail a notice 55.22 that it has received an application for a waiver or exemption to 55.23 all persons who have registered with the agency under section 55.24 14.14, subdivision 1a, identifying the rule or law from which a 55.25 waiver or exemption is requested. If no agency has jurisdiction 55.26 over the rule or law, the board shall transmit a copy of the 55.27 application to the attorney general. The agency shall inform 55.28 the board of its agreement with or objection to and grounds for 55.29 objection to the waiver or exemption request within 60 days of 55.30 the date when the application was transmitted to it. An 55.31 agency's failure to do so is considered agreement to the waiver 55.32 or exemption. The board shall decide whether to grant a waiver 55.33 or exemption at its next regularly scheduled meeting following 55.34 its receipt of an agency's response or the end of the 60-day 55.35 response period. If consideration of an application is not 55.36 concluded at that meeting, the matter may be carried over to the 56.1 next meeting of the board. Interested persons may submit 56.2 written comments to the board on the waiver or exemption request 56.3 up to the time of its vote on the application. 56.4(f)(e) If the exclusive representative of the affected 56.5 employees of the requesting local government unit objects to the 56.6 waiver or exemption request it may inform the board of the 56.7 objection to and the grounds for the objection to the waiver or 56.8 exemption request within 60 days of the receipt of the 56.9 application. 56.10 Sec. 61. Minnesota Statutes 1996, section 465.798, is 56.11 amended to read: 56.12 465.798 [SERVICE BUDGET MANAGEMENT MODEL GRANTS.] 56.13 One or more local units of governments, an association of 56.14 local governments,the metropolitan council,a local unit of 56.15 government acting in conjunction with an organization or a state 56.16 agency, or an organization established by two or more local 56.17 units of government under a joint powers agreement may apply to 56.18 the board of government innovation and management for a grant to 56.19 be used to develop models for innovative service budget 56.20 management. The application to the board must state what other 56.21 sources of funding have been considered by the local units of 56.22 government to implement the project and explain why it is not 56.23 possible to complete the project without assistance from the 56.24 board. The board may not award a grant if it determines that 56.25 the local units of government could complete the project without 56.26 board assistance. A copy of the application must be provided by 56.27 the units to the exclusive representatives certified under 56.28 section 179A.12 to represent employees who provide the service 56.29 or program affected by the application. 56.30 Proposed models may provide options to local governments, 56.31 neighborhood or community organizations, or individuals for 56.32 managing budgets for service delivery. A copy of the work 56.33 product for which the grant was provided must be furnished to 56.34 the board upon completion, and the board may disseminate it to 56.35 other local units of government or interested groups. If the 56.36 board finds that the model was not completed or implemented 57.1 according to the terms of the grant agreement, it may require 57.2 the grantee to repay all or a portion of the grant. The board 57.3 shall award grants on the basis of each qualified applicant's 57.4 score under the scoring system in section 465.802. The amount 57.5 of a grant under this section may not exceed $50,000. 57.6 Sec. 62. Minnesota Statutes 1996, section 465.799, is 57.7 amended to read: 57.8 465.799 [COOPERATION PLANNING GRANTS.] 57.9 Two or more local government units; an association of local 57.10 governments; a local unit of government acting in conjunction 57.11 withthe metropolitan council,an organization, or a state 57.12 agency; or an organization formed by two or more local units of 57.13 government under a joint powers agreement may apply to the board 57.14 of government innovation and cooperation for a grant to be used 57.15 to develop a plan for intergovernmental cooperation in providing 57.16 services. The application to the board must state what other 57.17 sources of funding have been considered by the local units of 57.18 government to implement the project and explain why it is not 57.19 possible to complete the project without assistance from the 57.20 board. The board may not award a grant if it determines that 57.21 the local units of government could complete the project without 57.22 board assistance. A copy of the application must be submitted 57.23 by the applicants to the exclusive representatives certified 57.24 under section 179A.12 to represent employees who provide the 57.25 service or program affected by the application. 57.26 The plan may include model contracts or agreements to be 57.27 used to implement the plan. A copy of the work product for 57.28 which the grant was provided must be furnished to the board upon 57.29 completion, and the board may disseminate it to other local 57.30 units of government or interested groups. If the board finds 57.31 that the grantee has failed to implement the plan according to 57.32 the terms of the agreement, it may require the grantee to repay 57.33 all or a portion of the grant. The board shall award grants on 57.34 the basis of each qualified applicant's score under the scoring 57.35 system in section 465.802. The amount of a grant under this 57.36 section may not exceed $50,000. 58.1 Sec. 63. Minnesota Statutes 1996, section 465.801, is 58.2 amended to read: 58.3 465.801 [SERVICE SHARING GRANTS.] 58.4 Two or more local units of government; an association of 58.5 local governments; a local unit of government acting in 58.6 conjunction withthe metropolitan council,an organization, or a 58.7 state agency; or an organization established by two or more 58.8 local units of government under a joint powers agreement may 58.9 apply to the board of government innovation and cooperation for 58.10 a grant to be used to meet the start-up costs of providing 58.11 shared services or functions. Agreements solely to make joint 58.12 purchases are not sufficient to qualify under this section. The 58.13 application to the board must state what other sources of 58.14 funding have been considered by the local units of government to 58.15 implement the project and explain why it is not possible to 58.16 complete the project without assistance from the board. The 58.17 board may not award a grant if it determines that the local 58.18 units of government could complete the project without board 58.19 assistance. A copy of the application must be provided by the 58.20 applicants to the exclusive representatives certified under 58.21 section 179A.12 to represent employees who provide the service 58.22 or program affected by the application. 58.23 The proposal must include plans fully to integrate a 58.24 service or function provided by two or more local government 58.25 units. A copy of the work product for which the grant was 58.26 provided must be furnished to the board upon completion, and the 58.27 board may disseminate it to other local units of government or 58.28 interested groups. If the board finds that the grantee has 58.29 failed to implement the plan according to the terms of the 58.30 agreement, it may require the grantee to repay all or a portion 58.31 of the grant. The board shall award grants on the basis of each 58.32 qualified applicant's score under the scoring system in section 58.33 465.802. The amount of a grant under this section may not 58.34 exceed $100,000. 58.35 Sec. 64. Minnesota Statutes 1996, section 471.425, 58.36 subdivision 1, is amended to read: 59.1 Subdivision 1. [DEFINITIONS.] For the purposes of this 59.2 section, the following terms have the meanings here given them. 59.3 (a) "Contract" means any written legal document or 59.4 documents signed by both parties in which the terms and 59.5 conditions of any interest or other penalty for late payments 59.6 are clearly stated. 59.7 (b) "Date of receipt" means the completed delivery of the 59.8 goods or services or the satisfactory installation, assembly or 59.9 specified portion thereof, or the receipt of the invoice for the 59.10 delivery of the goods or services, whichever is later. 59.11 (c) "Governing board" means the elected or appointed board 59.12 of the municipality and includes, but is not limited to, city 59.13 councils, town boards and county boards. 59.14 (d) "Municipality" means any home rule charter or statutory 59.15 city, county, town, school district, political subdivision or 59.16 agency of local government. "Municipality" meansthea 59.17 metropolitancouncil or any board oragency created under 59.18 chapter 473. 59.19 Sec. 65. Minnesota Statutes 1996, section 473.121, 59.20 subdivision 2, is amended to read: 59.21 Subd. 2. [METROPOLITAN AREA OR AREA.] "Metropolitan area" 59.22 or "area" means the areaover which the metropolitan council has59.23jurisdiction,including only the counties of Anoka, Carver, 59.24 Dakota excluding the city of Northfield, Hennepin excluding the 59.25 city of Hanover, Ramsey, Scott excluding the city of New Prague, 59.26 and Washington. 59.27 Sec. 66. Minnesota Statutes 1996, section 473.121, 59.28 subdivision 6, is amended to read: 59.29 Subd. 6. [LOCAL GOVERNMENTAL UNIT.] "Local governmental 59.30 unit" means any county, city, town, school district, special 59.31 district or other political subdivisions or public corporation, 59.32 other thanthe council ora metropolitan agency, lying in whole 59.33 or part within the metropolitan area. 59.34 Sec. 67. Minnesota Statutes 1996, section 473.121, 59.35 subdivision 8, is amended to read: 59.36 Subd. 8. [METROPOLITAN SIGNIFICANCE.] "Metropolitan 60.1 significance" means a statusdeterminedrecommended by the 60.2 metropolitan council pursuant to the rules and procedures 60.3 established by section 473.173. 60.4 Sec. 68. Minnesota Statutes 1996, section 473.121, 60.5 subdivision 10, is amended to read: 60.6 Subd. 10. [POLICY PLAN.] "Policy plan" means a long-range 60.7 comprehensive planofrecommended by the metropolitan council. 60.8 Sec. 69. Minnesota Statutes 1996, section 473.142, is 60.9 amended to read: 60.10 473.142 [SMALL BUSINESSES.] 60.11 (a) The metropolitancouncil andagenciesspecified in60.12section 473.143, subdivision 1,may award up to a six percent 60.13 preference in the amount bid for specified goods or services to 60.14 small targeted group businesses designated under section 16B.19. 60.15 (b)The council andEach agencyspecified in section60.16473.143, subdivision 1,may designate a purchase of goods or 60.17 services for award only to small targeted group businesses 60.18 designated under section 16B.19 if thecouncil oragency 60.19 determines that at least three small targeted group businesses 60.20 are likely to bid. 60.21 (c)The council andEach agencyspecified in section60.22473.143, subdivision 1, as a condition of awarding a 60.23 construction contract or approving a contract for consultant, 60.24 professional, or technical services, may set goals that require 60.25 the prime contractor to subcontract a portion of the contract to 60.26 small targeted group businesses designated under section 16B.19. 60.27 Thecouncil oragency must establish a procedure for granting 60.28 waivers from the subcontracting requirement when qualified small 60.29 targeted group businesses are not reasonably available. The 60.30council oragency may establish financial incentives for prime 60.31 contractors who exceed the goals for use of subcontractors and 60.32 financial penalties for prime contractors who fail to meet goals 60.33 under this paragraph. The subcontracting requirements of this 60.34 paragraph do not apply to prime contractors who are small 60.35 targeted group businesses. At least 75 percent of the value of 60.36 the subcontracts awarded to small targeted group businesses 61.1 under this paragraph must be performed by the business to which 61.2 the subcontract is awarded or by another small targeted group 61.3 business. 61.4 (d)The council andEach agencylisted in section 473.143,61.5subdivision 1, areis encouraged to purchase from small targeted 61.6 group businesses designated under section 16B.19 when making 61.7 purchases that are not subject to competitive bidding procedures. 61.8 (e)The council andEach agency may adopt rules to 61.9 implement this section. 61.10 (f) Eachcouncil oragency contract must require the prime 61.11 contractor to pay any subcontractor within ten days of the prime 61.12 contractor's receipt of payment from thecouncil oragency for 61.13 undisputed services provided by the subcontractor. The contract 61.14 must require the prime contractor to pay interest of 1-1/2 61.15 percent per month or any part of a month to the subcontractor on 61.16 any undisputed amount not paid on time to the subcontractor. 61.17 The minimum monthly interest penalty payment for an unpaid 61.18 balance of $100 or more is $10. For an unpaid balance of less 61.19 than $100, the prime contractor shall pay the actual penalty due 61.20 to the subcontractor. A subcontractor who prevails in a civil 61.21 action to collect interest penalties from a prime contractor 61.22 must be awarded its costs and disbursements, including attorney 61.23 fees, incurred in bringing the action. 61.24 (g) This section does not apply to procurement financed in 61.25 whole or in part with federal funds if the procurement is 61.26 subject to federal disadvantaged, minority, or women business 61.27 enterprise regulations.The council andEach agency shall 61.28 report to the commissioner of administration on compliance with 61.29 this section. The information must be reported at the time and 61.30 in the manner requested by the commissioner. 61.31 Sec. 70. Minnesota Statutes 1996, section 473.1425, is 61.32 amended to read: 61.33 473.1425 [WORKING CAPITAL FUND.] 61.34The metropolitan council orA metropolitan agency defined 61.35 in section 473.121, subdivision 5a, to the extent allowed by 61.36 other law or contract, may grant available money that has been 62.1 appropriated for socially or economically disadvantaged business 62.2 programs to a guaranty fund administered by a nonprofit 62.3 organization that makes or guarantees working capital loans to 62.4 businesses owned and operated by socially or economically 62.5 disadvantaged persons as defined in Code of Federal Regulations, 62.6 title 49, section 23.5. The purpose of loans made or guaranteed 62.7 by the organization must be to provide short-term working 62.8 capital to enable eligible businesses to be awarded contracts 62.9 for goods and services or for construction related services from 62.10 government agencies. 62.11 Sec. 71. Minnesota Statutes 1996, section 473.143, is 62.12 amended to read: 62.13 473.143 [AFFIRMATIVE ACTION PLANS.] 62.14 Subdivision 1. [APPLICATION.] For purposes of this 62.15 section, "agency" means a metropolitan agency as defined in 62.16 section 473.121, except the metropolitan parks and open space62.17commission. Agency also means the metropolitan mosquito control 62.18 commission. For purposes of this section, "commissioner" means 62.19 the commissioner of the state department of employee relations. 62.20 Subd. 2. [DEVELOPMENT AND CONTENTS.]The council andEach 62.21 agency shall develop an affirmative action plan and submit its 62.22 plan to the commissioner for approval. The commissioner may not 62.23 approve a plan unless the commissioner determines that it will 62.24 be effective in assuring that employment positions are equally 62.25 accessible to all qualified persons, in eliminating the 62.26 underutilization of qualified members of protected groups, in 62.27 providing a supportive work environment to all employees, 62.28 regardless of race, religion, sex, national origin, or 62.29 disability, and in dealing with discrimination complaints. For 62.30 purposes of this section, "protected group" has the meaning 62.31 given it in section 43A.02, subdivision 33. A plan must contain 62.32 at least the elements required in this subdivision. 62.33 (a) It must identify protected groups that are 62.34 underrepresented in thecouncil's oragency's work force. 62.35 (b) It must designate a person responsible for directing 62.36 and implementing the affirmative action program and assign the 63.1 specific responsibilities and duties of that person. The person 63.2 responsible for implementing the program shall report directly 63.3 to thecouncil's oragency's chief operating officer regarding 63.4 the person's affirmative action duties. The person responsible 63.5 for the affirmative action program shall review examination and 63.6 other selection criteria to assure compliance with law. This 63.7 person shall be involved in the filling of all vacancies in the 63.8council oragency work force, to the extent necessary to 63.9 facilitate attainment of affirmative action goals. 63.10 (c) It must describe the methods by which the plan will be 63.11 communicated to employees and to other persons. 63.12 (d) It must describe methods for recruiting members of 63.13 protected groups. These methods may include internship 63.14 programs, cooperation with union apprenticeship programs, and 63.15 other steps necessary to expand the number of protected group 63.16 members in applicant pools. 63.17 (e) It must describe internal procedures in accordance with 63.18 this paragraph for processing complaints of alleged 63.19 discrimination from job applicants and employees. The 63.20 procedures must provide for an initial determination of whether 63.21 the complaint is properly a discrimination complaint subject to 63.22 the procedure under the affirmative action plan. Complaints 63.23 filed under the discrimination procedures that allege reprisals 63.24 against an employee for opposing a forbidden practice or for 63.25 filing a charge, testifying, or participating in an 63.26 investigation, proceeding, or hearing relating to a forbidden 63.27 practice are appealable to the chief operating officer of the 63.28 council or agency. Procedures under this paragraph must be 63.29 distinct from any procedures available under a union contract or 63.30 personnel policy for nondiscrimination complaints. Use of 63.31 procedures developed under this paragraph is not a prerequisite 63.32 to filing charges with a governmental enforcement agency, nor 63.33 does it limit a person's right to file these charges. 63.34 (f) It must set goals and timetables to eliminate 63.35 underutilization of members of each protected group in the 63.36council oragency work force. 64.1 (g) It must provide a plan for retaining and promoting 64.2 protected group members in thecouncil oragency work force. 64.3 This plan should encourage training opportunities for protected 64.4 group members, to the extent necessary to eliminate 64.5 underutilization in specific parts of the work force. 64.6 (h) It must describe methods of auditing, evaluating, and 64.7 reporting program success, including a procedure that requires a 64.8 preemployment review of all hiring decisions for occupational 64.9 groups with unmet affirmative action goals. 64.10 (i) It must provide for training of management and 64.11 supervisory personnel in implementation of the plan and in 64.12 dealing with alleged acts of discrimination in the workplace. 64.13 (j) It must provide for periodic surveying of thecouncil64.14oragency work force to determine employee attitudes toward 64.15 implementation of the plan. 64.16 (k) It must provide for creation of an employee committee 64.17 to advise on implementation of the plan and on any changes 64.18 needed in the plan. 64.19 Subd. 3. [HARASSMENT.]The council andEach agency shall 64.20 adopt written policies forbidding harassment based on sex, 64.21 disability, or race in their workplaces and establishing 64.22 implementation plans and grievance procedures to deal with 64.23 complaints of harassment based on sex, disability, or race. 64.24 Subd. 4. [PERFORMANCE EVALUATION.] The evaluation of the 64.25 performance of each supervisory and managerial employee of 64.26 thecouncil and theagencies must include evaluation of the 64.27 person's performance in implementing thecouncil's oragency's 64.28 affirmative action plan and in preventing forbidden 64.29 discrimination in the workplace. 64.30 Subd. 5. [REPORT.] By March 1 each year, the commissioner 64.31 shall report to the legislature on affirmative action progress 64.32 of the council and of each agency. The report must include: 64.33 (1) an audit of the record ofthe council andeach agency 64.34 to determine compliance with affirmative action goals and to 64.35 evaluate overall progress in attainment of overall affirmative 64.36 action objectives; 65.1 (2) ifthe council orany agency has failed to make 65.2 satisfactory progress toward its affirmative action goals, a 65.3 list of unmet goals and an analysis of why the failure occurred; 65.4 (3) a summary of all personnel actions taken bythe council65.5andeach agency during the past calendar year, categorized by 65.6 occupational group, protected group status, and full-time, 65.7 part-time, temporary, and seasonal status; and 65.8 (4) a summary of discrimination complaints and lawsuits 65.9 againstthe council andeach agency filed or resolved during the 65.10 past calendar year, including the basis for the complaints and 65.11 lawsuits. 65.12 For purposes of this subdivision, "personnel action" means 65.13 a new hire, promotion, transfer, demotion, layoff, recall from 65.14 layoff, suspension with or without pay, letter of reprimand, 65.15 involuntary termination, other disciplinary action, and 65.16 voluntary termination. 65.17The council andEach agency shall report to the 65.18 commissioner all information that the commissioner requests to 65.19 make the report required by this subdivision. In providing this 65.20 information, thecouncil andagencies are not required to reveal 65.21 information that is not public data under chapter 13. 65.22The council andEach agency shall submit these reports at 65.23 the time and in the manner requested by the commissioner. The 65.24 commissioner shall report to the legislature on the failure of 65.25the council oran agency to file the required report in a timely 65.26 manner. 65.27 Subd. 6. [COORDINATION.] The commissioner or a designee 65.28 shall meet with affirmative action officers ofthe council and65.29all ofthe agencies to share successful techniques and foster 65.30 innovative means to implement affirmative action plans and 65.31 eliminate discrimination in the workplace. 65.32 Subd. 7. [COORDINATION WITH LEGISLATURE.]The council and65.33 Each agency shall facilitate legislative oversight of equal 65.34 opportunity practices by providing the legislature access, 65.35 including access to computerized records if compatible systems 65.36 exist, to public data maintained by the agency. Thecouncil and66.1 agencies must not provide access to information that is not 66.2 public data as defined in section 13.02, subdivision 8a. 66.3 Sec. 72. Minnesota Statutes 1996, section 473.144, is 66.4 amended to read: 66.5 473.144 [CERTIFICATES OF COMPLIANCE FOR CONTRACTS.] 66.6Neither the council norAn agencylisted in section66.7473.143, subdivision 1, mayshall not accept any bid or proposal 66.8 for a contract or execute a contract for goods or services in 66.9 excess of $50,000 with any business having more than 20 66.10 full-time employees on a single working day during the previous 66.11 12 months, unless the business has an affirmative action plan 66.12 for the employment of minority persons, women, and the disabled 66.13 that has been approved by the commissioner of human rights. 66.14 Receipt of a certificate of compliance from the commissioner of 66.15 human rights signifies that a business has an approved 66.16 affirmative action plan. A certificate is valid for two years. 66.17 Section 363.073 governs revocation of certificates. The rules 66.18 adopted by the commissioner of human rights under section 66.19 363.074 apply to this section. 66.20 Sec. 73. Minnesota Statutes 1996, section 473.151, is 66.21 amended to read: 66.22 473.151 [DISCLOSURE.] 66.23 For the purpose of the rules, plans, and reports required 66.24 or authorized by sections 473.149, 473.516, 473.801 to 473.823 66.25 and this section, each generator of hazardous waste and each 66.26 owner or operator of a collection service or waste facility 66.27 annually shall make the following information available to the 66.28 agency,council,office of environmental assistance, and 66.29 metropolitan counties: a schedule of rates and charges in 66.30 effect or proposed for a collection service or the processing of 66.31 waste delivered to a waste facility and a description, in 66.32 aggregate amounts indicating the general character of the solid 66.33 and hazardous waste collection and processing system, of the 66.34 types and the quantity, by types, of waste generated, collected, 66.35 or processed. The county,council,office, and agency shall act 66.36 in accordance with the provisions of section 116.075, 67.1 subdivision 2, with respect to information for which 67.2 confidentiality is claimed. 67.3 Sec. 74. Minnesota Statutes 1996, section 473.156, 67.4 subdivision 1, is amended to read: 67.5 Subdivision 1. [PLAN COMPONENTS.] The metropolitan council 67.6shallmay developashort-term and long-termplan67.7 recommendations for existing and expected water use and supply 67.8 in the metropolitan area. The plan shall be submitted to and67.9reviewed byat the request of the commissioner of natural 67.10 resources for consistency with the statewide drought plan under 67.11 section 103G.293. At a minimum, the plans must: 67.12 (1) update the data and information on water supply and use 67.13 within the metropolitan area and develop a water use and 67.14 availability database; 67.15 (2) identify and evaluate alternative courses of action, 67.16 including water conservation initiatives and economic 67.17 alternatives, in case of drought or contamination conditions; 67.18 (3) develop regional surface water and use projection 67.19 models for resource evaluation; 67.20 (4) recommend long-term approaches to resolving problems 67.21 that may develop because of water use and supply with 67.22 consideration given to problems that occur outside of the 67.23 metropolitan area, but which have an effect within the area; and 67.24 (5) be consistent with the statewide drought plan under 67.25 section 103G.293. 67.26 Sec. 75. Minnesota Statutes 1996, section 473.157, is 67.27 amended to read: 67.28 473.157 [WATER RESOURCES PLAN.] 67.29 If requested, to help achieve federal and state water 67.30 quality standards, provide effective water pollution control, 67.31 and help reduce unnecessary investments in advanced wastewater 67.32 treatment, the councilshall adoptmay recommend a water 67.33 resources plan that includes management objectives and target 67.34 pollution loads for watersheds in the metropolitan area. The 67.35 council shall recommend to the board of water and soil resources 67.36 performance standards for watershed plans in the metropolitan 68.1 area, including standards relating to the timing of plan 68.2 revisions and proper water quality management. 68.3 Sec. 76. Minnesota Statutes 1996, section 473.171, is 68.4 amended to read: 68.5 473.171 [COUNCIL REVIEW; APPLICATIONS FOR FEDERAL AND STATE 68.6 AID.] 68.7 Subdivision 1. The councilshall, if requested, may review 68.8 all applications of a metropolitan agency, independent 68.9 commission, board or agency, and local governmental units for 68.10 funds, grants, loans or loan guarantees from the United States 68.11 of America or agencies thereof submitted in connection with 68.12 proposed matters of metropolitan significance, all other 68.13 applications by metropolitan agencies, independent commissions, 68.14 boards and agencies, and local governmental units for grants, 68.15 loans, or loan guarantees from the United States of America or 68.16 any agency thereof if review by a regional agency is required by 68.17 federal law or the federal agency, and all applications for 68.18 grants, loans, or allocations from funds made available by the 68.19 United States of America to the metropolitan area for regional 68.20 facilities pursuant to a federal revenue sharing or similar 68.21 program requiring that the funds be received and granted or 68.22 allocated or that the grants and allocations be approved by a 68.23 regional agency. 68.24 Subd. 2. The councilshallmay, if requested, review all 68.25 applications or requests of a metropolitan agency, independent 68.26 commission, board or agency, and local governmental units for 68.27 state funds allocated or granted for proposed matters of 68.28 metropolitan significance, and all other applications by 68.29 metropolitan agencies, independent commissions, boards, 68.30 agencies, and local governmental units for state funds if review 68.31 by a regional agency is required by state law or the granting 68.32 state agency. 68.33 Sec. 77. Minnesota Statutes 1996, section 473.191, is 68.34 amended to read: 68.35 473.191 [LOCAL PLANNING ASSISTANCE.] 68.36 Subdivision 1. The metropolitan council may, at the 69.1 request of local governmental units, enter into contracts or 69.2 make other arrangements with local governmental units and others 69.3 forthe provision of services for and assistance69.4withrecommendations on comprehensive community planning. This 69.5 may include recommendations on: 69.6 (a) Assistance in the preparation, as a guide for 69.7 long-range development, of general physical plans with respect 69.8 to the pattern and intensity of land use and the provision of 69.9 public facilities together with long-range fiscal plans for such 69.10 development; 69.11 (b) Programming of capital improvements based on a 69.12 determination of relative urgency, together with definitive 69.13 financing plans for the improvements to be constructed in the 69.14 earlier years of the program; 69.15 (c) Coordination of all related plans of the departments or 69.16 subdivision of the government concerned; 69.17 (d) Intergovernmental coordination of all related planned 69.18 activities among the state and local governmental agencies 69.19 concerned; and 69.20 (e) Preparation of regulatory and administrative measures 69.21 in support of the foregoing. 69.22 Subd. 2. The metropolitan council mayproviderecommend 69.23 technical assistance to cities, counties, and towns to expedite 69.24 adoption and enforcement of local ordinances under sections 69.25 103F.121, 103F.201 to 103F.221, and 473.204 to 473.208. 69.26 Sec. 78. Minnesota Statutes 1996, section 473.23, is 69.27 amended to read: 69.28 473.23 [PUBLIC FACILITIES REVIEW.] 69.29 Subdivision 1. [INVENTORY.] The metropolitan council, in69.30consultationmay consult with appropriate state agencies and 69.31 local officials, mustwhen they develop an inventory of all 69.32 public buildings located within the metropolitan area. The 69.33 inventory must include an assessment of the condition of each 69.34 public building and document any underused space in the 69.35 buildings. 69.36 Subd. 2. [SHARED FACILITIES.] The metropolitan council 70.1mustmay review and comment on any joint facility proposed under 70.2 section 121.155 and may submit comments to the commissioner of 70.3 children, families, and learning on any school district facility 70.4 that is proposed within the metropolitan area. 70.5 Sec. 79. Minnesota Statutes 1996, section 473.241, is 70.6 amended to read: 70.7 473.241 [DATA COLLECTION.] 70.8 The metropolitan council in cooperation with other 70.9 departments and agencies of the state and the regents of the 70.10 University of Minnesota maydevelopassist in developing a 70.11 center for data collection and storage to be used by it and 70.12 other governmental users and may accept gifts as otherwise 70.13 authorized in this section for the purposes of furnishing 70.14 information on such subjects as population, land use, 70.15 governmental finances, and the like. 70.16 Sec. 80. Minnesota Statutes 1996, section 473.242, is 70.17 amended to read: 70.18 473.242 [URBAN RESEARCH.] 70.19 Where studies have not been otherwise authorized by law the 70.20 metropolitan council may study the feasibility of programs 70.21 relating but not limited to water supply, refuse disposal, 70.22 surface water drainage, communication, transportation, and other 70.23 subjects of concern to the peoples of the metropolitan area, may 70.24instituterecommend demonstration projects in connection 70.25 therewith, and may accept gifts for such purposes as otherwise 70.26 authorized in this section. 70.27 Sec. 81. Minnesota Statutes 1996, section 473.243, is 70.28 amended to read: 70.29 473.243 [EMERGENCY SERVICES.] 70.30 The metropolitan council may make recommendations as to how 70.31 to coordinate emergency services,and community shelter planning 70.32 within the metropolitan area, accept gifts for such purposes as 70.33 otherwise authorized in section 473.129 and contract with local 70.34 governmental agencies and consultants in connection therewith. 70.35 Sec. 82. Minnesota Statutes 1996, section 473.244, 70.36 subdivision 1, is amended to read: 71.1 Subdivision 1. The metropolitan councilshallmay engage 71.2 in a continuous program of research and study concerning the 71.3 matters enumerated in this section. 71.4 Sec. 83. Minnesota Statutes 1996, section 473.245, is 71.5 amended to read: 71.6 473.245 [REPORTS.] 71.7 On or before January 15 of each year, the metropolitan 71.8 council shall report to the legislature. The report shall 71.9 include: 71.10 (1) A statement of the metropolitan council's receipts and 71.11 expenditures by category since the preceding report; 71.12 (2) A detailed budget for the year in which the report is 71.13 filed and the following year including an outline of its program 71.14 for such period; 71.15 (3)An explanation of any policy plan and other71.16comprehensive plan adopted in whole or in part for the71.17metropolitan area and the review comments of the affected71.18metropolitan agency;71.19(4)Summaries of any studies and the recommendations 71.20 resulting therefrom made by the metropolitan council,and a 71.21 listing of all applications for federal money made by 71.22 governmental units within the metropolitan area submitted to the 71.23 metropolitan council; 71.24(5)(4) A listing of plans of local governmental units and 71.25 proposed matters of metropolitan significance submitted to the 71.26 metropolitan council; 71.27(6) A detailed report on the progress of any project71.28undertaken by the council pursuant to sections 473.194 to71.29473.201;and 71.30(7)(5) Recommendations of the metropolitan council for 71.31 metropolitan area legislation, including the organization and71.32functions of the metropolitan council and the metropolitan71.33agencies. 71.34 Sec. 84. Minnesota Statutes 1996, section 473.8011, is 71.35 amended to read: 71.36 473.8011 [METROPOLITAN AGENCY RECYCLING GOAL.] 72.1By December 31, 1993, the metropolitan council,Each 72.2 metropolitan agency as defined in section 473.121, and the 72.3 metropolitan mosquito control district established in section 72.4 473.702 shall recycle at least 40 percent by weight of the solid 72.5 waste generated by their offices or other operations. The 72.6 director shall provide information and technical assistance to 72.7 thecouncil,agencies, and the district to implement effective 72.8 recycling programs. 72.9 By August 1 of each year,the council,each agency, and the 72.10 district shall submit to the office a report for the previous 72.11 fiscal year describing recycling rates, specified by the county 72.12 in which thecouncil,agency,or operation is located, and 72.13 progress toward meeting the recycling goal. The office shall 72.14 incorporate the recycling rates reported in the respective 72.15 county's recycling rates for the previous fiscal year. 72.16 If the goal is not met, thecouncil,agency,or district 72.17 must include in its1994annual report reasons for not meeting 72.18 the goal and a plan for meeting it in the future. 72.19 Sec. 85. Minnesota Statutes 1996, section 473.834, 72.20 subdivision 2, is amended to read: 72.21 Subd. 2. [ALLOCATION OF DEBT SERVICE.] The annual debt 72.22 service on the council's solid waste bonds, issued under 72.23 Minnesota Statutes 1990, section 473.831, shall be annually 72.24 apportionedand certified by the councilto each county in the 72.25 metropolitan area, in the proportion that the net tax capacity 72.26 of all taxable property within each county bears to the net tax 72.27 capacity of the taxable property in all the counties, except 72.28 that the apportionment to each county shall first be adjusted to 72.29 reflect exemptions from payment required by subdivision 1. The 72.30 auditors of the metropolitan counties shall see to the 72.31 administration of this section. 72.32 Sec. 86. Minnesota Statutes 1996, section 477A.011, 72.33 subdivision 3, is amended to read: 72.34 Subd. 3. [POPULATION.] "Population" means the population 72.35 established as of July 1 in an aid calculation year by the most 72.36 recent federal census, by a special census conducted under 73.1 contract with the United States Bureau of the Census,by a73.2population estimate made by the metropolitan council, orby a 73.3 population estimate of the state demographer made pursuant to 73.4 section 4A.02, whichever is the most recent as to the stated 73.5 date of the count or estimate for the preceding calendar year. 73.6 The term "per capita" refers to population as defined by this 73.7 subdivision. 73.8 Sec. 87. [REPEALER.] 73.9 Minnesota Statutes 1996, sections 115A.03, subdivision 19; 73.10 403.07, subdivision 2; 465.795, subdivision 3; 473.121, 73.11 subdivision 3; 473.123, subdivisions 7 and 8; 473.125; 473.127; 73.12 473.129, subdivisions 2, 4, 5, 6, and 7; 473.13; 473.132; 73.13 473.155; 473.1551; 473.1623; 473.164; 473.244, subdivision 6; 73.14 473.247; and 473.249, are repealed. 73.15 Sec. 88. [EFFECTIVE DATE.] 73.16 This article is effective July 1, 1998. 73.17 ARTICLE 2 73.18 METROPOLITAN PARKS AND OPEN SPACE COMMISSION 73.19 Section 1. Minnesota Statutes 1996, section 473.121, 73.20 subdivision 5a, is amended to read: 73.21 Subd. 5a. [METROPOLITAN AGENCY.] "Metropolitan agency" 73.22 means themetropolitan parks and open space commission,73.23 metropolitan airports commission,and the metropolitan sports 73.24 facilities commission. 73.25 Sec. 2. Minnesota Statutes 1996, section 473.121, 73.26 subdivision 14, is amended to read: 73.27 Subd. 14. [REGIONAL RECREATION OPEN SPACE.] "Regional 73.28 recreation open space" means land and water areas, or interests 73.29 therein, and facilities determined by themetropolitan73.30counciloffice of strategic and long-range planning to be of 73.31 regional importance in providing for a balanced system of public 73.32 outdoor recreation for the metropolitan area, including but not 73.33 limited to park reserves, major linear parks and trails, large 73.34 recreation parks, and conservatories, zoos, and other special 73.35 use facilities. 73.36 Sec. 3. Minnesota Statutes 1996, section 473.301, 74.1 subdivision 2, is amended to read: 74.2 Subd. 2. [POLICY PLAN.] "Policy plan" means a plan adopted 74.3 by thecounciloffice pursuant to section 473.147, generally 74.4 describing the extent, type and location of regional recreation 74.5 open space needed for the metropolitan area and the timing of 74.6 its acquisition and development. 74.7 Sec. 4. Minnesota Statutes 1996, section 473.301, 74.8 subdivision 4, is amended to read: 74.9 Subd. 4. [COMMISSIONOFFICE.]"Commission""Office" means 74.10 themetropolitan parks and open space commissionoffice of 74.11 strategic and long-range planning created by section 74.12473.3034A.01. 74.13 Sec. 5. Minnesota Statutes 1996, section 473.313, is 74.14 amended to read: 74.15 473.313 [MASTER PLANS.] 74.16 Subdivision 1. [ADOPTION.] Each park district located 74.17 wholly or partially within the metropolitan area, and each 74.18 county in the metropolitan area not wholly within a park 74.19 district, shall prepare, after consultation with all affected 74.20 municipalities, and submit to themetropolitan counciloffice, 74.21 and from time to time revise and resubmit to thecounciloffice, 74.22 a master plan and annual budget for the acquisition and 74.23 development of regional recreation open space located within the 74.24 district or county, consistent with thecouncil'soffice's 74.25 policy plan. 74.26 Subd. 2. [COUNCILOFFICE REVIEW.] Themetropolitan council74.27 office shall reviewwith the advice of the commission,each 74.28 master plan to determine whether it is consistent with 74.29 thecouncil'soffice's policy plan. If it is not consistent, 74.30 thecounciloffice shall return the plan with its comments to 74.31 the municipalities, park district or county for revision and 74.32 resubmittal. 74.33 Sec. 6. Minnesota Statutes 1996, section 473.315, 74.34 subdivision 1, is amended to read: 74.35 Subdivision 1. Themetropolitan council with the advice of74.36the commissionoffice may make grants, from any funds available 75.1 to it for recreation open space purposes, to any municipality, 75.2 park district or county located wholly or partially within the 75.3 metropolitan area to cover the cost, or any portion of the cost, 75.4 of acquiring or developing regional recreation open space in 75.5 accordance with the policy plan; and all such agencies may enter 75.6 into contracts for this purpose or rights or interests therein. 75.7 The cost of acquisition shall include any payments required for 75.8 relocation pursuant to sections 117.50 to 117.56. 75.9 Sec. 7. Minnesota Statutes 1996, section 473.334, 75.10 subdivision 1, is amended to read: 75.11 Subdivision 1. [GENERALLY.] In determining the special 75.12 benefit received by regional recreation open space system 75.13 property as defined in sections 473.301 to 473.351 from an 75.14 improvement for which a special assessment upon an implementing 75.15 agency as defined in section 473.351 is determined, the 75.16 governing body shall not consider any use of the property other 75.17 than as regional recreation open space property at the time the 75.18 special assessment is determined. Themetropolitan75.19councilimplementing agency shall not be bound by the 75.20 determination of the governing body of the city but may pay a 75.21 lesser amount, as agreed upon by themetropolitan75.22councilimplementing agency and the governing body of the city, 75.23 as they determine is the measure of benefit to the land from the 75.24 improvement. 75.25 Sec. 8. Minnesota Statutes 1996, section 473.341, is 75.26 amended to read: 75.27 473.341 [TAX EQUIVALENTS.] 75.28 In the year in whichthe metropolitan council oran 75.29 implementing agency as defined in section 473.351 acquires fee 75.30 title to any real property included in the regional recreation 75.31 open space system, themetropolitan council shall grant75.32sufficient funds to the appropriateimplementing agencytomust 75.33 make the tax equivalent payment required in this section. The 75.34councilimplementing agency shall determine the total amount of 75.35 property taxes levied on the real property for municipal or 75.36 township purposes for collection in the year in which title 76.1 passed. The municipality or township in which the real property 76.2 is situated shall be paid 180 percent of the total tax amount 76.3 determined by thecouncilimplementing agency. If the 76.4 implementing agency has granted a life estate to the seller of 76.5 the real property and the seller is obligated to pay property 76.6 taxes on the property, this tax equivalent shall not be paid 76.7 until the life estate ends. All amounts paid pursuant to this 76.8 section are costs of acquisition of the real property acquired. 76.9 Sec. 9. Minnesota Statutes 1996, section 473.351, is 76.10 amended to read: 76.11 473.351 [METROPOLITAN AREA REGIONAL PARKS FUNDING.] 76.12 Subdivision 1. [DEFINITIONS.] The definitions in this 76.13 subdivision apply to this section. 76.14 (a) "Implementing agency" means the counties of Anoka, 76.15 Washington, Ramsey, Scott, Carver, Dakota, the city of St. Paul, 76.16 the city of Bloomington, the Minneapolis park and recreation 76.17 board, and the Hennepin county park reserve district. 76.18 (b) "Operation and maintenance expenditures" means the cost 76.19 of providing for the operation and maintenance of waters, lands, 76.20 and facilities that are a part of the metropolitan area regional 76.21 park and open space system, including but not limited to, the 76.22 provision of fire, police, maintenance, forestry, rehabilitation 76.23 expenses pertaining to routine care, and the allocation of the 76.24 administrative overhead costs of the regional park and open 76.25 space systems. 76.26 (c) "Operation and maintenance money" means money 76.27 appropriated by the legislature to the commissioner of trade and 76.28 economic development for distribution by themetropolitan76.29counciloffice. 76.30 (d) "Regional recreation open space systems" means those 76.31 parks that have been so designated by the metropolitan council 76.32 under section 473.145 before January 1, 1997. 76.33 Subd. 2. [METROPOLITAN COUNCILDNR OBLIGATION.] Annually 76.34 before August 1the metropolitan council shall distribute grant76.35money received fromthe commissioner of natural resources shall 76.36 distribute grant money to fund the operation and maintenance 77.1 expenditures of the implementing agencies for the operation and 77.2 maintenance of regional park and open space systems. 77.3 Themetropolitan councilcommissioner of natural resources shall 77.4 annually report to the legislature the amount distributed to 77.5 each implementing agency and its estimate of the percentage of 77.6 operation and maintenance expenditures paid for with operation 77.7 and maintenance money. 77.8 Subd. 3. [ALLOCATION FORMULA.] By July 1 of every year 77.9 each implementing agency must submit to themetropolitan parks77.10and open space commissioncommissioner a statement of the next 77.11 annual anticipated operation and maintenance expenditures of the 77.12 regional recreation open space parks systems within their 77.13 respective jurisdictions and the previous year's actual 77.14 expenditures. After reviewing the actual expenditures submitted 77.15 and by July 15 of each year, theparks and open space commission77.16shall forward to the metropolitan council the funding requests77.17from the implementing agencies based on the actual expenditures77.18made. The metropolitan councilcommissioner shall distribute 77.19 the operation and maintenance money as follows: 77.20 (1) 40 percent based on the use that each implementing 77.21 agency's regional recreation open space system has in proportion 77.22 to the total use of the metropolitan regional recreation open 77.23 space system; 77.24 (2) 40 percent based on the operation and maintenance 77.25 expenditures made in the previous year by each implementing 77.26 agency in proportion to the total operation and maintenance 77.27 expenditures of all of the implementing agencies; and 77.28 (3) 20 percent based on the acreage that each implementing 77.29 agency's regional recreation open space system has in proportion 77.30 to the total acreage of the metropolitan regional recreation 77.31 open space system. The 80 percent natural resource management 77.32 land acreage of the park reserves must be divided by four in 77.33 calculating the distribution under this clause. 77.34 Each implementing agency must receive no less than 40 77.35 percent of its actual operation and maintenance expenses to be 77.36 incurred in the current calendar year budget as submitted to the 78.1 parks and open space commission. If the available operation and 78.2 maintenance money is less than the total amount determined by 78.3 the formula including the preceding, the implementing agencies 78.4 will share the available money in proportion to the amounts they 78.5 would otherwise be entitled to under the formula. 78.6 Subd. 4. [IMPLEMENTING AGENCY CONTROL.] This section does 78.7 not affect, change, alter, transfer, or modify the governance, 78.8 administration, jurisdiction, or control of the implementing 78.9 agencies over the parks, water, lands, and facilities they 78.10 presently or in the future may administer, govern, or control, 78.11 nor the employment relationship between the implementing 78.12 agencies and their present and future employees. 78.13 Subd. 6. [RESTRICTION.] A metropolitan area regional park 78.14 receiving grant money for maintenance and operation costs must 78.15 agree: 78.16 (1) to sell or promote licenses, passes, or registrations 78.17 required to engage in recreational activities appropriate to the 78.18 park or the site of the park when a building on the park site is 78.19 staffed and open to the public; and 78.20 (2) to provide drinking water supplies adequate for the 78.21 recreational uses of the park. Each implementing agency must 78.22 consult with groups representing users of its parks to determine 78.23 the adequacy of drinking water supplies. 78.24 Sec. 10. [BONDS.] 78.25 Bonds authorized by Minnesota Statutes, sections 473.325 78.26 and 473.326 that are outstanding on the effective date of this 78.27 article must be paid and retired according to those sections and 78.28 the terms of the bonds. The auditors of the metropolitan 78.29 counties shall see to the administration of this section. 78.30 Sec. 11. [SUCCESSORS; ASSET ALLOCATION.] 78.31 (a) The implementing agency as defined in Minnesota 78.32 Statutes, section 473.351, or if none, the municipality, as 78.33 defined in Minnesota Statutes, section 473.301, in which is 78.34 located park or open space land owned by the metropolitan 78.35 council or the metropolitan parks and open space commission on 78.36 the effective date of this article, is the successor to all 79.1 right, title, and interest in the park or open space. 79.2 (b) Assets of the metropolitan council or metropolitan 79.3 parks and open space commission attributable to the regional 79.4 recreation open space systems defined in Minnesota Statutes, 79.5 section 473.351, shall be allocated to those implementing 79.6 agencies or municipalities by the commissioner of natural 79.7 resources using the allocation formula in Minnesota Statutes, 79.8 section 473.351. 79.9 Sec. 12. [TAX EQUIVALENTS.] 79.10 If tax equivalents under Minnesota Statutes, section 79.11 473.341, are owed by an implementing agency as defined in 79.12 Minnesota Statutes, section 473.351, to a municipality as 79.13 defined in Minnesota Statutes, section 473.301, that is not an 79.14 implementing agency, on the termination of a life estate, the 79.15 implementing agency must make the payment. 79.16 Sec. 13. [REPEALER.] 79.17 Minnesota Statutes 1996, sections 473.121, subdivision 12; 79.18 473.302; 473.303; 473.315, subdivision 2; 473.325; 473.326; and 79.19 473.333, are repealed. 79.20 Sec. 14. [EFFECTIVE DATE.] 79.21 This article is effective July 1, 1998. 79.22 ARTICLE 3 79.23 TRANSPORTATION 79.24 Section 1. Minnesota Statutes 1996, section 117.57, 79.25 subdivision 3, is amended to read: 79.26 Subd. 3. [RELATION TO REGIONAL RAILROAD AUTHORITIES.] An 79.27 authority shall not be adjudged to have a superior public use to 79.28 that of a regional railroad authority as defined in section 79.29 398A.01, a railroad property which has been identified and 79.30 approved as a light rail corridor by the former metropolitan 79.31 council under chapter 473, or a state trail covered by section 79.32 85.015. 79.33 Sec. 2. Minnesota Statutes 1996, section 160.265, 79.34 subdivision 1, is amended to read: 79.35 Subdivision 1. [STATE BIKEWAYS.] The commissioner of 79.36 transportation shall establish a program for the development of 80.1 bikeways primarily on existing road rights-of-way. The program 80.2 shall include a system of bikeways to be established, developed, 80.3 maintained, and operated by the commissioner of transportation 80.4 and a system of state grants for the development of local 80.5 bikeways primarily on existing road rights-of-way. The program 80.6 shall be coordinated with the local park trail grant program 80.7 pursuant to section 85.019, with the bicycle trail program 80.8 established by the commissioner of natural resources pursuant to 80.9 section 85.016, with the development of the statewide 80.10 transportation plan pursuant to section 174.03, and with 80.11 existing and proposed local bikeways. In the metropolitan area 80.12 as defined in section 473.121, the program shall be developed in 80.13 accordance with plans and priorities established by the 80.14metropolitan counciloffice of strategic and long-range planning. 80.15 The program shall be developed after consultation with the state 80.16 trail council, local units of government, and bicyclist 80.17 organizations. The program shall be administered in accordance 80.18 with the provisions of sections 160.262 to 160.264 and standards 80.19 promulgated pursuant thereto. The commissioner shall compile 80.20 and maintain a current registry of bikeways in the state and 80.21 shall publish and distribute the information contained in the 80.22 registry in a form and manner suitable to assist persons wishing 80.23 to use the bikeways. Themetropolitan counciloffice of 80.24 strategic and long-range planning, the commissioner of natural 80.25 resources, the commissioner of trade and economic development, 80.26 the Minnesota historical society, and local units of government 80.27 shall cooperate with and assist the commissioner of 80.28 transportation in preparing the registry. The commissioner 80.29 shall have all powers necessary and convenient to establish the 80.30 program pursuant to this section including but not limited to 80.31 the authority to adopt rules pursuant to chapter 14. 80.32 Sec. 3. Minnesota Statutes 1996, section 161.17, 80.33 subdivision 2, is amended to read: 80.34 Subd. 2. [INTERSTATE SYSTEM.] It is hereby declared that 80.35 construction of the interstate system of highways will vitally 80.36 affect the future development of the cities through which these 81.1 routes pass and such municipalities should have an important 81.2 role in the development of this highway system; that on the 81.3 other hand the future planning and programming of construction 81.4 projects over a period of years is necessary to take maximum 81.5 advantage of federal aid and to build a unified and coordinated 81.6 interstate system; that excessive delay in local approval of 81.7 plans for construction of one segment may seriously impede 81.8 completion of the entire system and adversely affect other 81.9 municipalities along the interstate routes; that the mutual 81.10 exchange of information and close cooperation between the 81.11 department and local governing bodies should be encouraged by 81.12 improved administrative processes for securing orderly review of 81.13 plans and the resolution of differences over interstate routes 81.14 and projects; and that the provisions of sections 161.171 to 81.15 161.177 for local approval of trunk highway plans must be 81.16 modified for the interstate highway system in the light of these 81.17 various considerations. Before proceeding with the preparation 81.18 of the final plans for the construction, reconstruction, or 81.19 improvement of any route on the interstate system lying within 81.20 any city, the commissioner shall submit to its governing body 81.21 preliminary plans covering the route location. The preliminary 81.22 plans shall be submitted as part of a report containing such 81.23 supporting data that the commissioner deems helpful to the 81.24 governing body in appraising the plans submitted. 81.25 Any public hearing on location of an interstate route held 81.26 in compliance with federal requirements shall be held at least 81.27 one month after submission to the governing body of the report 81.28 provided for in this subdivision. After the public hearing and 81.29 on preparing final plans, the commissioner shall submit the 81.30 final plans to the governing body for approval. If the 81.31 governing body does not approve the final plans within three 81.32 months after submitted, the commissioner may refer the plans to 81.33 (1) theTwin Cities Metropolitan Area Planning Commissionoffice 81.34 of strategic and long-range planning, if the project is within 81.35 the metropolitan areaof its jurisdictionas defined in section 81.36 473.121, subdivision 2, or (2) the municipal advisory committee 82.1 on state-aid rules established under section 162.09, subdivision 82.2 2, if the project is elsewhere in the state. If a member of the 82.3 advisory committee is from the municipality concerned that 82.4 member shall be excused. If the plans are so referred, the 82.5 commission or committee shall give the commissioner and the 82.6 governing body ample opportunity to present the case for or 82.7 against approval of the plans so referred. Not later than three 82.8 months after such hearings and independent study as it deems 82.9 desirable, it shall approve or disapprove such plans, making 82.10 such additional recommendations consistent with state and 82.11 federal requirements as it deems appropriate, and it shall 82.12 submit a written report containing its findings and 82.13 recommendations to the commissioner and the governing body. The 82.14 commissioner shall not proceed with the proposed construction, 82.15 reconstruction, or improvement except in accordance with plans 82.16 approved by the governing body or, if referred to the commission 82.17 or committee, until after the commission or committee has made 82.18 its report, and then only after the governing body has had an 82.19 additional 90 days within which to consider the plans originally 82.20 submitted or such modified plans as may be submitted to it by 82.21 the commissioner following the report of the commission or 82.22 committee. If within such 90-day period, the governing body 82.23 does not approve the plans submitted to it, and if the 82.24 commissioner then wishes to proceed with the project according 82.25 to plans differing substantially from the plans recommended by 82.26 the commission or committee in its report, the commissioner 82.27 shall, before proceeding with the project, file a written report 82.28 with the commission or committee and the governing body stating 82.29 fully the reasons for doing so. Whenever plans are referred to 82.30 theTwin Cities Metropolitan Area Planning Commissionoffice of 82.31 strategic and long-range planning, thecommissionoffice shall 82.32 be reimbursed from the trunk highway fund for actual and 82.33 necessary expenses incurred by the commission in staff work 82.34 incident to consideration of plans and action thereon by the 82.35 commission. Whenever plans are referred to the advisory 82.36 committee on rules, members of the committee shall be paid their 83.1 necessary expenses to the same extent and in the same manner as 83.2 for its duties in considering the commissioner's rules. 83.3 Sec. 4. Minnesota Statutes 1996, section 161.171, 83.4 subdivision 5, is amended to read: 83.5 Subd. 5. [METROPOLITAN AREA.] "Metropolitan area" includes 83.6 the counties of Anoka, Carver, Dakota, Hennepin, Ramsey, Scott, 83.7 and Washington, presently under the jurisdiction, for 83.8 metropolitan area planning and coordination purposes, of the 83.9metropolitan council establishedoffice of strategic and 83.10 long-range planning pursuant to chapter 473, which 83.11counciloffice is hereinafter referred to as "agency". 83.12 Sec. 5. Minnesota Statutes 1996, section 161.173, is 83.13 amended to read: 83.14 161.173 [SUBMISSION OF CORRIDOR PROPOSAL.] 83.15 The commissioner shall submit to the governing body of each 83.16 municipality wherein a trunk highway is proposed to be 83.17 constructed or improved, and to the governing body of each 83.18 municipality adjacent to any such municipality, a report 83.19 containing: a statement of the need for this proposed 83.20 construction or improvement, a description of alternate routes 83.21 which were considered by the commissioner and an explanation of 83.22 the advantages and disadvantages in the selection of any route 83.23 considered. The report shall also contain for each alternate, 83.24 the following information: general alignment and profile, 83.25 approximate points of access, highway classification, an 83.26 approximate cost estimate, relation to existing and planned 83.27 regional and local development and to other transportation 83.28 routes and facilities, and a statement of the expected general 83.29 effect on present and future use of the property within the 83.30 corridor. Where a state trunk highway is proposed to be 83.31 constructed or improved within the metropolitan area, a copy of 83.32 the report shall also be submitted to themetropolitan83.33counciloffice of strategic and long-range planning. In all 83.34 areas of the state a copy of the report shall be sent to 83.35 established regional, county and municipal planning commissions 83.36 in the area affected by the highway project. Not less than 45 84.1 nor more than 90 days, or as otherwise mutually agreed, after 84.2 the report has been submitted, the commissioner shall hold a 84.3 public hearing on the proposed highway construction or 84.4 improvement at such time and place within any municipality 84.5 wherein a portion of the proposed construction or improvement is 84.6 located, as the commissioner shall determine. Not less than 30 84.7 days before the hearing the commissioner shall mail notice 84.8 thereof to the governing body of each municipality or agency 84.9 entitled to receive a copy of the report, and shall cause notice 84.10 of the hearing to be published at least once each week for two 84.11 successive weeks in a newspaper or newspapers having general 84.12 circulation in such municipalities, the second publication to be 84.13 not less than five days before the date of the hearing. The 84.14 notice shall state the date, time, place and purpose of the 84.15 hearing, shall describe the proposed or actual general location 84.16 of the highway to be constructed or improved, and shall state 84.17 where the report may be inspected prior to the hearing by any 84.18 interested person. The hearing shall be conducted by the 84.19 commissioner or the commissioner's designee, and shall be 84.20 transcribed and a record thereof mailed to each municipality or 84.21 agency entitled to receive a copy of the report. All interested 84.22 persons shall be permitted to present their views on the 84.23 proposed highway construction or improvement. The hearing may 84.24 be continued as often as necessary. Within 120 days after the 84.25 hearing is completed, the governing body of each municipality or 84.26 agency entitled to receive a copy of the report shall submit to 84.27 the commissioner its approval or disapproval of the report. If 84.28 all or any part of the report is disapproved, the municipality 84.29 or agency shall state the reasons for such disapproval and 84.30 suggested changes in the report. The commissioner shall, before 84.31 preparing additional plans for the proposed highway construction 84.32 or improvement, submit to the governing body of each 84.33 municipality or agency disapproving the report, a statement 84.34 accepting or rejecting any suggested changes and the reasons for 84.35 acceptance or rejection. 84.36 Sec. 6. Minnesota Statutes 1996, section 161.174, is 85.1 amended to read: 85.2 161.174 [SUBMISSION OF LAYOUT PLANS.] 85.3 The commissioner shall submit to the governing body of each 85.4 municipality wherein a highway is proposed to be constructed or 85.5 improved, a proposed layout plan for the highway construction or 85.6 improvement containing: the proposed location, elevation, width 85.7 and geometrics of the construction or improvement, together with 85.8 a statement of the reasons therefor. Said plan shall also 85.9 contain: approximate right-of-way limits; a tentative schedule 85.10 for right-of-way acquisition, if known; proposed access points; 85.11 frontage roads; separation structures and interchanges; location 85.12 of utilities, when known; landscaping, illumination, a tentative 85.13 construction schedule, if known; and the estimated cost of the 85.14 construction or improvement. The commissioner shall submit more 85.15 than one layout plan. Each such plan shall also be submitted to 85.16 themetropolitan counciloffice of strategic and long-range 85.17 planning if any portion of the proposed highway construction or 85.18 improvement is located in the metropolitan area. In all areas 85.19 of the state a copy of the layout plan shall be sent to 85.20 established regional, county and municipal planning commissions 85.21 in the area affected by the highway project. Not less than 90 85.22 nor more than 120 days after said plan has been submitted, the 85.23 commissioner shall hold a public hearing on the proposed highway 85.24 construction or improvement at such time and place within any 85.25 municipality wherein a portion of the construction or 85.26 improvement is located, as the commissioner shall determine. 85.27 The hearing shall be noticed, held and conducted in the manner 85.28 provided in section 161.173, except that the commissioner shall 85.29 mail notice of the hearing only to those municipalities and 85.30 agencies entitled to receive a copy of the layout plan. The 85.31 hearing shall be transcribed and a record thereof made available 85.32 to each municipality or agency entitled to receive a copy of 85.33 said plan. Within 180 days after the hearing is completed, the 85.34 commissioner shall formally adopt a layout plan. A copy of the 85.35 layout plan as adopted shall be submitted to each municipality 85.36 or agency entitled to receive a copy of the proposed plan, 86.1 together with the reasons for any change in the plan as 86.2 presented at the hearing. Within 120 days after the receipt of 86.3 the adopted layout plan, each such municipality or agency shall 86.4 submit to the commissioner its approval or disapproval of the 86.5 layout plan and the reasons for such disapproval, and proposed 86.6 alternatives, which may include a recommendation of no highway. 86.7 Such alternatives submitted by a municipality located within the 86.8 metropolitan area shall, upon request of the municipality, be 86.9 reviewed by themetropolitan counciloffice of strategic and 86.10 long-range planning in order to determine whether such 86.11 alternatives are likely to meet minimum federal requirements. 86.12 Themetropolitan counciloffice is authorized to provide 86.13 whatever assistance it deems advisable to the submitting 86.14 municipality in order to assist it in arriving at an alternative 86.15 which meets minimum federal requirements. If said plan or any 86.16 part thereof is not disapproved within such period, the 86.17 commissioner may proceed to prepare final construction plans and 86.18 specifications for the highway construction or improvement 86.19 consistent with the adopted layout plan, and may acquire the 86.20 necessary right-of-way. If the layout plan or any part thereof 86.21 is disapproved by any municipality or agency, and the 86.22 commissioner determines to proceed with the plan without 86.23 modifications, the commissioner shall proceed in the manner 86.24 provided in section 161.175. On determining to proceed with the 86.25 plan with modifications, the commissioner shall submit the 86.26 modified layout plan to the municipalities and agencies entitled 86.27 to receive the original layout plan in the manner described 86.28 above, for approval or disapproval by each such municipality or 86.29 agency within 60 days after receipt of the modified layout 86.30 plan. If the modified layout plan or any part thereof is not 86.31 disapproved by any municipality or agency within 60 days after 86.32 its receipt, the commissioner may proceed to prepare final 86.33 construction plans and specifications consistent with the 86.34 modified layout plan, and may acquire the necessary 86.35 right-of-way. If the modified plan is disapproved by any 86.36 municipality and the commissioner determines to proceed with the 87.1 plan without additional modification, the commissioner shall 87.2 proceed in the manner provided in section 161.175. If the 87.3 layout plan is disapproved, either as originally submitted or as 87.4 modified and the commissioner does not act pursuant to section 87.5 161.175, within one year from the date of the completion of the 87.6 hearing, any objecting municipality entitled to receive a copy 87.7 of the layout plan by virtue of this section may invoke the 87.8 appellate procedure pursuant to section 161.175, in the same 87.9 manner as the same might be invoked by the commissioner. In the 87.10 event the appellate procedure is invoked by either the 87.11 commissioner or the municipality, the commissioner shall hold a 87.12 public hearing prior to the appointment of an appeal board. 87.13 Such hearing shall be limited to the proposed alternative layout 87.14 plans. 87.15 Sec. 7. Minnesota Statutes 1996, section 169.781, 87.16 subdivision 1, is amended to read: 87.17 Subdivision 1. [DEFINITIONS.] For purposes of sections 87.18 169.781 to 169.783: 87.19 (a) "Commercial motor vehicle" means: 87.20 (1) a commercial motor vehicle as defined in section 87.21 169.01, subdivision 75, paragraph (a); and 87.22 (2) each vehicle in a combination of more than 26,000 87.23 pounds. 87.24 "Commercial motor vehicle" does not include (1) a school 87.25 bus or Head Start bus displaying a certificate under section 87.26 169.451, (2) a bus operated by themetropolitan council87.27 department of transportation or by a local transit commission 87.28 created in chapter 458A, or (3) a motor vehicle with a gross 87.29 weight of not more than 26,000 pounds, carrying in bulk tanks a 87.30 total of not more than 200 gallons of petroleum products or 87.31 liquid fertilizer or pesticide. 87.32 (b) "Commissioner" means the commissioner of public safety. 87.33 (c) "Owner" means a person who owns, or has control, under 87.34 a lease of more than 30 days' duration, of one or more 87.35 commercial motor vehicles. 87.36 (d) "Storage semitrailer" means a semitrailer that (1) is 88.1 used exclusively to store property at a location not on a street 88.2 or highway, (2) does not contain any load when moved on a street 88.3 or highway, (3) is operated only during daylight hours, and (4) 88.4 is marked on each side of the semitrailer "storage only" in 88.5 letters at least six inches high. 88.6 (e) "Building mover vehicle" means a vehicle owned or 88.7 leased by a building mover as defined in section 221.81, 88.8 subdivision 1, paragraph (a), and used exclusively for moving 88.9 buildings. 88.10 Sec. 8. Minnesota Statutes 1996, section 169.791, 88.11 subdivision 5, is amended to read: 88.12 Subd. 5. [EXEMPTIONS.] Buses or other commercial vehicles 88.13 operated by themetropolitan councildepartment of 88.14 transportation, commercial vehicles required to file proof of 88.15 insurance pursuant to chapter 221, and school buses as defined 88.16 in section 171.01, subdivision 21, are exempt from this section. 88.17 Sec. 9. Minnesota Statutes 1996, section 169.792, 88.18 subdivision 11, is amended to read: 88.19 Subd. 11. [EXEMPTIONS.] Buses or other commercial vehicles 88.20 operated by themetropolitan councildepartment of 88.21 transportation, commercial vehicles required to file proof of 88.22 insurance pursuant to chapter 221, and school buses as defined 88.23 in section 171.01, subdivision 21, are exempt from this section. 88.24 Sec. 10. Minnesota Statutes 1996, section 174.03, 88.25 subdivision 4, is amended to read: 88.26 Subd. 4. [OTHER DUTIES.] The commissioner shall: 88.27 (a) Construct and maintain transportation facilities as 88.28 authorized by law; 88.29 (b) Cooperate with, and may provide technical and financial 88.30 assistance to, themetropolitan counciloffice of strategic and 88.31 long-range planning and regional development commissions in the 88.32 regional transportation planning process, in accordance with 88.33 mutually acceptable terms and conditions; 88.34 (c) Cooperate with and may provide planning and technical 88.35 assistance upon the request of any political subdivision or 88.36 other governmental agency in accordance with mutually accepted 89.1 terms and conditions, except as otherwise restricted by law; and 89.2 (d) Develop, revise and monitor a statewide rail 89.3 transportation plan as part of the statewide transportation 89.4 planning process, including a study and evaluation of 89.5 alternative methods for insuring adequate and economical 89.6 transportation of agricultural commodities, supplies and other 89.7 goods to and from rural areas of the state. The plan shall 89.8 include an analysis of rail lines in the state for the purpose 89.9 of determining: (1) eligibility of rail lines for assistance 89.10 under federal and state rail assistance programs; (2) 89.11 eligibility of rail lines for inclusion in the state rail bank; 89.12 and (3) the actions required by the state to insure the 89.13 continuation of rail service that meets essential state needs 89.14 and objectives. 89.15 Sec. 11. Minnesota Statutes 1996, section 174.03, 89.16 subdivision 5, is amended to read: 89.17 Subd. 5. [REGIONAL TRANSPORTATION PLANNING.] The 89.18metropolitan counciloffice of strategic and long-range 89.19 planning, pursuant to section 473.146, and the regional 89.20 development commissions shall develop regional long-range 89.21 transportation policy plans in cooperation with the commissioner 89.22 and local units of government. Upon promulgation of the 89.23 statewide transportation plan, and periodically as necessary 89.24 thereafter, each regional policy plan shall be reviewed and 89.25 amended, if necessary, by the appropriate regional agency to 89.26 insure that the regional policy plan is not in conflict with the 89.27 statewide transportation plan. 89.28 Sec. 12. Minnesota Statutes 1996, section 174.031, 89.29 subdivision 3, is amended to read: 89.30 Subd. 3. [STUDIES COMMISSIONED.] (a) On and after August 89.31 1, 1985, the commissioner shall enter into agreements with 89.32 regional development commissions by which the commissions will 89.33 conduct studies of highway jurisdiction in each region. The 89.34 studies must include: 89.35 (1) the jurisdiction of each road in the region; 89.36 (2) criteria for changes in jurisdiction, based on the 90.1 commissioner's guidelines; 90.2 (3) jurisdictional changes actually made since January 1, 90.3 1985; 90.4 (4) recommended changes in jurisdiction based on the 90.5 criteria; 90.6 (5) changes in financial obligations resulting from the 90.7 recommended jurisdictional change, based on the commissioner's 90.8 guidelines; 90.9 (6) estimated effects of the recommended jurisdictional 90.10 changes on highway staffing needs of each level of government in 90.11 the region; and 90.12 (7) estimated effects of the recommended jurisdictional 90.13 changes on law enforcement on the affected roads. 90.14 (b) In development regions where no regional development 90.15 commission is functioning, or where a regional development 90.16 commission declines to enter into an agreement to perform a 90.17 jurisdiction study, the jurisdiction study must be organized by 90.18 a district office of the department of transportation as 90.19 designated by the commissioner. A district office so designated 90.20 must act through the counties in the development region and 90.21 through other public agencies the commissioner directs.For90.22purposes of this section the metropolitan council is a regional90.23development commission.90.24 (c) The agreements must provide that each entity 90.25 undertaking a study under this subdivision must produce and 90.26 present to the commissioner, not later than July 31, 1987, a 90.27 jurisdiction proposal for the region. Each jurisdiction 90.28 proposal must identify each instance where a proposed 90.29 jurisdictional change is based on a factor that deviates from 90.30 the commissioner's guidelines and explain the reasons for each 90.31 deviation. 90.32 (d) The commissioner shall pay not more than two-thirds of 90.33 the cost of each study. 90.34 Sec. 13. Minnesota Statutes 1996, section 174.04, 90.35 subdivision 1, is amended to read: 90.36 Subdivision 1. [REVIEW OF APPLICATION.] Any state agency 91.1 which receives an application from a regional development 91.2 commission,metropolitan council,public transit commission, 91.3 airport commission, port authority or other political 91.4 subdivision of the state, or any nonpublic organization, for 91.5 financial assistance for transportation planning, capital 91.6 expenditures or operations to any state or federal agency, shall 91.7 first submit the application to the commissioner of 91.8 transportation. The commissioner shall review the application 91.9 to determine whether it contains matters that substantially 91.10 affect the statewide transportation plan and priorities. If the 91.11 application does not contain such matters, the commissioner 91.12 shall within 15 days after receipt return the application to the 91.13 applicant political subdivision or nonpublic organization for 91.14 forwarding to the appropriate agency. If the application 91.15 contains such matters, the commissioner shall review and comment 91.16 on the application as being consistent with the plan and 91.17 priorities. The commissioner shall return the application 91.18 together with comments within 45 days after receipt to the 91.19 applicant political subdivision or nonpublic organization for 91.20 forwarding with the commissioner's comments to the appropriate 91.21 agency. 91.22 Sec. 14. Minnesota Statutes 1996, section 174.04, 91.23 subdivision 2, is amended to read: 91.24 Subd. 2. [DESIGNATED AGENT.] A regional development 91.25 commission,metropolitan council,public transit commission, 91.26 airport commission, port authority, or any other political 91.27 subdivision of the state, or any nonpublic organization, may 91.28 designate the commissioner as its agent to receive and disburse 91.29 funds by entering into an agreement with the commissioner 91.30 prescribing the terms and conditions of the receipt and 91.31 expenditure of the funds in accordance with federal and state 91.32 laws, rules, and regulations. 91.33 Sec. 15. Minnesota Statutes 1996, section 174.32, 91.34 subdivision 2, is amended to read: 91.35 Subd. 2. [TRANSIT ASSISTANCE FUND; DISTRIBUTION.] The 91.36 transit assistance fund receives money distributed under section 92.1 297B.09. Eighty percent of the receipts of the fund must be 92.2 placed into a metropolitan account for distribution to 92.3 recipients located in the metropolitan area and 20 percent into 92.4 a separate account for distribution to recipients located 92.5 outside of the metropolitan area.Except as otherwise provided92.6in this subdivision, the metropolitan council is responsible for92.7distributing assistance from the metropolitan account, and the92.8commissioner is responsible for distributing assistance from the92.9other account.92.10 Sec. 16. Minnesota Statutes 1996, section 174.50, 92.11 subdivision 4, is amended to read: 92.12 Subd. 4. [CERTIFICATION AND DISBURSAL FOR STATE PROJECTS.] 92.13 Before disbursement of an appropriation made from the fund to 92.14 the commissioner of transportation or any other officer or 92.15 agency of the state the commissioner shall certify to the 92.16 commissioner of finance that the project for which the funds are 92.17 appropriated has been reviewed by the proper regional 92.18 development commission or themetropolitan counciloffice of 92.19 strategic and long-range planning as the case may be, for 92.20 consistency with the long-term comprehensive development plans 92.21 and guides for which that agency is responsible. 92.22 Sec. 17. Minnesota Statutes 1996, section 216C.15, 92.23 subdivision 1, is amended to read: 92.24 Subdivision 1. [PRIORITIES AND REQUIREMENTS.] The 92.25 commissioner shall maintain an emergency conservation and 92.26 allocation plan. The plan shall provide a variety of strategies 92.27 and staged conservation measures to reduce energy use and in the 92.28 event of an energy supply emergency, shall establish guidelines 92.29 and criteria for allocation of fuels to priority users. The 92.30 plan shall contain alternative conservation actions and 92.31 allocation plans to reasonably meet various foreseeable shortage 92.32 circumstances and allow a choice of appropriate responses. The 92.33 plan shall be consistent with requirements of federal emergency 92.34 energy conservation and allocation laws and regulations, shall 92.35 be based on reasonable energy savings or transfers from scarce 92.36 energy resources and shall: 93.1 (a) give priority to individuals, institutions, 93.2 agriculture, businesses, and public transit under contract with 93.3 the commissioner of transportationor the metropolitan council93.4 which demonstrate they have engaged in energy-saving measures 93.5 and shall include provisions to insure that: 93.6 (1) immediate allocations to individuals, institutions, 93.7 agriculture, businesses, and public transit be based on needs at 93.8 energy conservation levels; 93.9 (2) successive allocations to individuals, institutions, 93.10 agriculture, businesses, and public transit be based on needs 93.11 after implementation of required action to increase energy 93.12 conservation; and 93.13 (3) needs of individuals, institutions, and public transit 93.14 are adjusted to insure the health and welfare of the young, old 93.15 and infirm; 93.16 (b) insure maintenance of reasonable job safety conditions 93.17 and avoid environmental sacrifices; 93.18 (c) establish programs, controls, standards, priorities or 93.19 quotas for the allocation, conservation and consumption of 93.20 energy resources; and for the suspension and modification of 93.21 existing standards and the establishment of new standards 93.22 affecting or affected by the use of energy resources, including 93.23 those related to the type and composition of energy sources, and 93.24 to the hours and days during which public buildings, commercial 93.25 and industrial establishments, and other energy consuming 93.26 facilities may or are required to remain open; 93.27 (d) establish programs to control the use, sale or 93.28 distribution of commodities, materials, goods or services; 93.29 (e) establish regional programs and agreements for the 93.30 purpose of coordinating the energy resources, programs and 93.31 actions of the state with those of the federal government, of 93.32 local governments, and of other states and localities; 93.33 (f) determine at what level of an energy supply emergency 93.34 situation the pollution control agency shall be requested to ask 93.35 the governor to petition the president for a temporary emergency 93.36 suspension of air quality standards as required by the Clean Air 94.1 Act, United States Code, title 42, section 7410f; and 94.2 (g) establish procedures for fair and equitable review of 94.3 complaints and requests for special exemptions regarding 94.4 emergency conservation measures or allocations. 94.5 Sec. 18. Minnesota Statutes 1996, section 221.022, is 94.6 amended to read: 94.7 221.022 [EXCEPTION.] 94.8 The powers granted to the board under sections 221.011 to 94.9 221.296 do not include the power to regulate any service or 94.10 vehicles operated by themetropolitan councildepartment of 94.11 transportation or to regulate passenger transportation service 94.12 provided under contract to the departmentor the metropolitan94.13council. A provider of passenger transportation service under 94.14 contract to the department or the metropolitan council may not 94.15 provide charter service without first having obtained a permit 94.16 to operate as a charter carrier. 94.17 Sec. 19. Minnesota Statutes 1996, section 221.025, is 94.18 amended to read: 94.19 221.025 [EXEMPTIONS.] 94.20 The provisions of this chapter requiring a certificate or 94.21 permit to operate as a motor carrier do not apply to the 94.22 intrastate transportation described below: 94.23 (a) the transportation of students to or from school or 94.24 school activities in a school bus inspected and certified under 94.25 section 169.451 and the transportation of children or parents to 94.26 or from a Head Start facility or Head Start activity in a Head 94.27 Start bus inspected and certified under section 169.451; 94.28 (b) the transportation of solid waste, as defined in 94.29 section 116.06, subdivision 22, including recyclable materials 94.30 and waste tires, except that the term "hazardous waste" has the 94.31 meaning given it in section 221.011, subdivision 31; 94.32 (c) a commuter van as defined in section 221.011, 94.33 subdivision 27; 94.34 (d) authorized emergency vehicles as defined in section 94.35 169.01, subdivision 5, including ambulances; and tow trucks 94.36 equipped with proper and legal warning devices when picking up 95.1 and transporting (1) disabled or wrecked motor vehicles or (2) 95.2 vehicles towed or transported under a towing order issued by a 95.3 public employee authorized to issue a towing order; 95.4 (e) the transportation of grain samples under conditions 95.5 prescribed by the board; 95.6 (f) the delivery of agricultural lime; 95.7 (g) the transportation of dirt and sod within an area 95.8 having a 50-mile radius from the home post office of the person 95.9 performing the transportation; 95.10 (h) the transportation of sand, gravel, bituminous asphalt 95.11 mix, concrete ready mix, concrete blocks or tile and the mortar 95.12 mix to be used with the concrete blocks or tile, or crushed rock 95.13 to or from the point of loading or a place of gathering within 95.14 an area having a 50-mile radius from that person's home post 95.15 office or a 50-mile radius from the site of construction or 95.16 maintenance of public roads and streets; 95.17 (i) the transportation of pulpwood, cordwood, mining 95.18 timber, poles, posts, decorator evergreens, wood chips, sawdust, 95.19 shavings, and bark from the place where the products are 95.20 produced to the point where they are to be used or shipped; 95.21 (j) the transportation of fresh vegetables from farms to 95.22 canneries or viner stations, from viner stations to canneries, 95.23 or from canneries to canneries during the harvesting, canning, 95.24 or packing season, or transporting sugar beets, wild rice, or 95.25 rutabagas from the field of production to the first place of 95.26 delivery or unloading, including a processing plant, warehouse, 95.27 or railroad siding; 95.28 (k) the transportation of property or freight, other than 95.29 household goods and petroleum products in bulk, entirely within 95.30 the corporate limits of a city or between contiguous cities 95.31 except as provided in section 221.296; 95.32 (l) the transportation of unprocessed dairy products in 95.33 bulk within an area having a 100-mile radius from the home post 95.34 office of the person providing the transportation; 95.35 (m) the transportation of agricultural, horticultural, 95.36 dairy, livestock, or other farm products within an area having a 96.1 25-mile radius from the person's home post office and the 96.2 carrier may transport other commodities within the 25-mile 96.3 radius if the destination of each haul is a farm; 96.4 (n) passenger transportation service that is not charter 96.5 service and that is under contract to and with operating 96.6 assistance from the departmentor the metropolitan council; 96.7 (o) the transportation of newspapers, as defined in section 96.8 331A.01, subdivision 5, telephone books, handbills, circulars, 96.9 or pamphlets in a vehicle with a gross vehicle weight of 10,000 96.10 pounds or less; and 96.11 (p) transportation of potatoes from the field of 96.12 production, or a storage site owned or otherwise controlled by 96.13 the producer, to the first place of processing. 96.14 The exemptions provided in this section apply to a person 96.15 only while the person is exclusively engaged in exempt 96.16 transportation. 96.17 Sec. 20. Minnesota Statutes 1996, section 221.031, 96.18 subdivision 3a, is amended to read: 96.19 Subd. 3a. [CONTRACTORS OR RECIPIENTS OF TRANSPORTATION 96.20 ASSISTANCE.] Notwithstanding subdivision 3, providers of 96.21 passenger transportation service under contract to and with 96.22 operating assistance from the departmentor the metropolitan96.23councilmust comply with rules for driver qualifications; 96.24 driving of motor vehicles; parts and accessories necessary for 96.25 safe operation; hours of service of drivers; inspection, repair, 96.26 and maintenance; and the rules adopted in section 221.0314, 96.27 subdivision 8, for accident reporting. 96.28 This subdivision does not apply to (1) a local transit 96.29 commission, (2) a transit authority created by the legislature, 96.30 (3) special transportation service certified by the commissioner 96.31 under section 174.30, or (4) special transportation service 96.32 defined in section 174.29, subdivision 1, when provided by a 96.33 volunteer driver operating a private passenger vehicle defined 96.34 in section 169.01, subdivision 3a. 96.35 Sec. 21. Minnesota Statutes 1996, section 221.041, 96.36 subdivision 4, is amended to read: 97.1 Subd. 4. [NONAPPLICABILITY.] This section does not apply 97.2 to any regular route passenger transportation in the 97.3 metropolitan area being performed with operating assistance 97.4 provided by themetropolitan councildepartment. 97.5 Sec. 22. Minnesota Statutes 1996, section 221.071, 97.6 subdivision 1, is amended to read: 97.7 Subdivision 1. [CONSIDERATIONS; TEMPORARY CERTIFICATES; 97.8 AMENDING.] If the board finds from the evidence that the 97.9 petitioner is fit and able to properly perform the services 97.10 proposed and that public convenience and necessity require the 97.11 granting of the petition or a part of the petition, it shall 97.12 issue a certificate of public convenience and necessity to the 97.13 petitioner. In determining whether a certificate should be 97.14 issued, the board shall give primary consideration to the 97.15 interests of the public that might be affected, to the 97.16 transportation service being furnished by a railroad which may 97.17 be affected by the granting of the certificate, and to the 97.18 effect which the granting of the certificate will have upon 97.19 other transportation service essential to the communities which 97.20 might be affected by the granting of the certificate. The board 97.21 may issue a certificate as applied for or issue it for a part 97.22 only of the authority sought and may attach to the authority 97.23 granted terms and conditions as in its judgment public 97.24 convenience and necessity may require. If the petitioner is 97.25 seeking authority to operate regular route transit service 97.26 wholly within the seven-county metropolitan area with operating 97.27 assistance provided by themetropolitan councildepartment, the 97.28 board shall consider only whether the petitioner is fit and able 97.29 to perform the proposed service. The operating authority 97.30 granted to such a petitioner must be the operating authority for 97.31 which the petitioner is receiving operating assistance from the 97.32metropolitan councildepartment. A carrier in the metropolitan 97.33 area receiving operating assistance from themetropolitan97.34councildepartment may amend the certificate to provide for 97.35 additional routes by filing a copy of the amendment with the 97.36 board, and approval of the amendment by the board is not 98.1 required if the additional service is provided with operating 98.2 assistance from themetropolitan councildepartment. 98.3 The board may grant a temporary certificate, ex parte, 98.4 valid for a period not exceeding 180 days, upon a showing that 98.5 no regular route common carrier or petroleum carrier is then 98.6 authorized to serve on the route sought, that no other petition 98.7 is on file with the board covering the route, and that a need 98.8 for the proposed service exists. 98.9 A certificate may be amended by the board on ex parte 98.10 petition and payment of a $25 fee to the commissioner, to grant 98.11 an additional or alternate route if there is no other means of 98.12 transportation over the proposed additional route or between its 98.13 termini, and the proposed additional route does not exceed ten 98.14 miles in length. 98.15 Sec. 23. Minnesota Statutes 1996, section 221.295, is 98.16 amended to read: 98.17 221.295 [NOTICE TOMETROPOLITAN COUNCILOFFICE OF STRATEGIC 98.18 AND LONG-RANGE PLANNING.] 98.19 Notwithstanding any provision of any statute to the 98.20 contrary, themetropolitan counciloffice of strategic and 98.21 long-range planning must be notified by the commissioner of any 98.22 matter affecting public transit or an existing or proposed 98.23 transit system within the seven-county metropolitan area, which 98.24 matter is formally or informally before the commissioner or 98.25 board for action or which is under study, including the 98.26 initiation of any request for action or study and prior to any 98.27 hearings on other proceedings, whether ex parte or otherwise. 98.28 Notification must in all cases be given in a manner, at such 98.29 time, and with such information and data available to the 98.30 commissioner or board as to enable themetropolitan council98.31 office to meaningfully evaluate, participate in, and comment 98.32 upon the matter. The commissioner or board shall not approve, 98.33 deny, or otherwise attempt to resolve or act upon the matter 98.34 until receipt of the comments and advice of themetropolitan98.35counciloffice with respect thereto, but if none are received 98.36 they may act within 30 days after demand of themetropolitan99.1counciloffice, or otherwise by mutual agreement. If the 99.2 commissioner or board takes action in any way contrary to or 99.3 different from the comments and advice of themetropolitan99.4counciloffice, they shall specifically state the reasons and 99.5 factual data for the action. 99.6 Sec. 24. Minnesota Statutes 1996, section 352.01, 99.7 subdivision 2b, is amended to read: 99.8 Subd. 2b. [EXCLUDED EMPLOYEES.] "State employee" does not 99.9 include: 99.10 (1) elective state officers; 99.11 (2) students employed by the University of Minnesota, the 99.12 state universities, and community colleges unless approved for 99.13 coverage by the board of regents, the state university board, or 99.14 the state board for community colleges, as the case may be; 99.15 (3) employees who are eligible for membership in the state 99.16 teachers retirement association except employees of the 99.17 department of children, families, and learning who have chosen 99.18 or may choose to be covered by the Minnesota state retirement 99.19 system instead of the teachers retirement association; 99.20 (4) employees of the University of Minnesota who are 99.21 excluded from coverage by action of the board of regents; 99.22 (5) officers and enlisted personnel in the national guard 99.23 and the naval militia who are assigned to permanent peacetime 99.24 duty and who under federal law are or are required to be members 99.25 of a federal retirement system; 99.26 (6) election officers; 99.27 (7) persons engaged in public work for the state but 99.28 employed by contractors when the performance of the contract is 99.29 authorized by the legislature or other competent authority; 99.30 (8) officers and employees of the senate and house of 99.31 representatives or a legislative committee or commission who are 99.32 temporarily employed; 99.33 (9) receivers, jurors, notaries public, and court employees 99.34 who are not in the judicial branch as defined in section 43A.02, 99.35 subdivision 25, except referees and adjusters employed by the 99.36 department of labor and industry; 100.1 (10) patient and inmate help in state charitable, penal, 100.2 and correctional institutions including the Minnesota veterans 100.3 home; 100.4 (11) persons employed for professional services where the 100.5 service is incidental to regular professional duties and whose 100.6 compensation is paid on a per diem basis; 100.7 (12) employees of the Sibley House Association; 100.8 (13) the members of any state board or commission who serve 100.9 the state intermittently and are paid on a per diem basis; the 100.10 secretary, secretary-treasurer, and treasurer of those boards if 100.11 their compensation is $5,000 or less per year, or, if they are 100.12 legally prohibited from serving more than three years; and the 100.13 board of managers of the state agricultural society and its 100.14 treasurer unless the treasurer is also its full-time secretary; 100.15 (14) state troopers; 100.16 (15) temporary employees of the Minnesota state fair 100.17 employed on or after July 1 for a period not to extend beyond 100.18 October 15 of that year; and persons employed at any time by the 100.19 state fair administration for special events held on the 100.20 fairgrounds; 100.21 (16) emergency employees in the classified service; except 100.22 that if an emergency employee, within the same pay period, 100.23 becomes a provisional or probationary employee on other than a 100.24 temporary basis, the employee shall be considered a "state 100.25 employee" retroactively to the beginning of the pay period; 100.26 (17) persons described in section 352B.01, subdivision 2, 100.27 clauses (2) to (5); 100.28 (18) temporary employees in the classified service, 100.29 temporary employees in the unclassified service appointed for a 100.30 definite period of not more than six months and employed less 100.31 than six months in any one-year period and seasonal help in the 100.32 classified service employed by the department of revenue; 100.33 (19) trainee employees, except those listed in subdivision 100.34 2a, clause (10); 100.35 (20) persons whose compensation is paid on a fee basis; 100.36 (21) state employees who in any year have credit for 12 101.1 months service as teachers in the public schools of the state 101.2 and as teachers are members of the teachers retirement 101.3 association or a retirement system in St. Paul, Minneapolis, or 101.4 Duluth; 101.5 (22) employees of the adjutant general employed on an 101.6 unlimited intermittent or temporary basis in the classified and 101.7 unclassified service for the support of army and air national 101.8 guard training facilities; 101.9 (23) chaplains and nuns who are excluded from coverage 101.10 under the federal Old Age, Survivors, Disability, and Health 101.11 Insurance Program for the performance of service as specified in 101.12 United States Code, title 42, section 410(a)(8)(A), as amended, 101.13 if no irrevocable election of coverage has been made under 101.14 section 3121(r) of the Internal Revenue Code of 1986, as amended 101.15 through December 31, 1992; 101.16 (24) examination monitors employed by departments, 101.17 agencies, commissions, and boards to conduct examinations 101.18 required by law; 101.19 (25) persons appointed to serve as members of fact-finding 101.20 commissions or adjustment panels, arbitrators, or labor referees 101.21 under chapter 179; 101.22 (26) temporary employees employed for limited periods under 101.23 any state or federal program for training or rehabilitation 101.24 including persons employed for limited periods from areas of 101.25 economic distress except skilled and supervisory personnel and 101.26 persons having civil service status covered by the system; 101.27 (27) full-time students employed by the Minnesota 101.28 historical society intermittently during part of the year and 101.29 full-time during the summer months; 101.30 (28)temporary employees, appointed for not more than six101.31months, of the metropolitan council and of any of its statutory101.32boards, if the board members are appointed by the metropolitan101.33council;101.34(29)persons employed in positions designated by the 101.35 department of employee relations as student workers; 101.36(30)(29) members of trades employed by the successor to 102.1 the metropolitan waste control commission with trade union 102.2 pension plan coverage under a collective bargaining agreement 102.3 first employed after June 1, 1977; 102.4(31)(30) persons employed in subsidized on-the-job 102.5 training, work experience, or public service employment as 102.6 enrollees under the federal Comprehensive Employment and 102.7 Training Act after March 30, 1978, unless the person has as of 102.8 the later of March 30, 1978, or the date of employment 102.9 sufficient service credit in the retirement system to meet the 102.10 minimum vesting requirements for a deferred annuity, or the 102.11 employer agrees in writing on forms prescribed by the director 102.12 to make the required employer contributions, including any 102.13 employer additional contributions, on account of that person 102.14 from revenue sources other than funds provided under the federal 102.15 Comprehensive Employment and Training Act, or the person agrees 102.16 in writing on forms prescribed by the director to make the 102.17 required employer contribution in addition to the required 102.18 employee contribution; 102.19(32)(31) off-duty peace officers while employed by the 102.20metropolitan councilcommissioner of transportation; 102.21(33)(32) persons who are employed as full-time police 102.22 officers by themetropolitan councilcommissioner of 102.23 transportation and as police officers are members of the public 102.24 employees police and fire fund; 102.25(34)(33) persons who are employed as full-time 102.26 firefighters by the department of military affairs and as 102.27 firefighters are members of the public employees police and fire 102.28 fund; 102.29(35)(34) foreign citizens with a work permit of less than 102.30 three years, or an H-1b/JV visa valid for less than three years 102.31 of employment, unless notice of extension is supplied which 102.32 allows them to work for three or more years as of the date the 102.33 extension is granted, in which case they are eligible for 102.34 coverage from the date extended; and 102.35(36)(35) persons who are employed by the board of trustees 102.36 of the Minnesota state colleges and universities and who elect 103.1 to remain members of the public employees retirement association 103.2 or the Minneapolis employees retirement fund, whichever applies, 103.3 under section 136C.75. 103.4 Sec. 25. Minnesota Statutes 1996, section 352.03, 103.5 subdivision 1, is amended to read: 103.6 Subdivision 1. [MEMBERSHIP OF BOARD; ELECTION; TERM.] The 103.7 policy-making function of the system is vested in a board of 11 103.8 members, who must be known as the board of directors. This 103.9 board shall consist of three members appointed by the governor, 103.10 one of whom must be a constitutional officer or appointed state 103.11 official and two of whom must be public members knowledgeable in 103.12 pension matters, four state employees elected by state employees 103.13 covered by the system excluding employees in categories 103.14 specifically authorized to designate or elect a member by this 103.15 subdivision, one employee of the transit operating division of 103.16 the metropolitan transit commission or its successor agency 103.17 designated by the executive committee of the labor organization 103.18 that is the exclusive bargaining agent representing employees of 103.19 the transit division, one member of the state patrol retirement 103.20 fund elected by members of that fund at a time and in a manner 103.21 fixed by the board, one employee covered by the correctional 103.22 employees plan elected by employees covered by that plan, and 103.23 one retired employee elected by disabled and retired employees 103.24 of all plans administered by the system at a time and in a 103.25 manner to be fixed by the board. Two state employee members, 103.26 whose terms of office begin on the first Monday in May after 103.27 their election, must be elected biennially. Elected members and 103.28 the appointed member of themetropolitan council'sdepartment of 103.29 transportation's office of metropolitan transit operations hold 103.30 office for a term of four years, except the retired member whose 103.31 term is two years, and until their successors are elected or 103.32 appointed, and have qualified. An employee of the system is not 103.33 eligible for membership on the board of directors. A state 103.34 employee on leave of absence is not eligible for election or 103.35 reelection to membership on the board of directors. The term of 103.36 any board member who is on leave for more than six months 104.1 automatically ends on expiration of this period. 104.2 Sec. 26. Minnesota Statutes 1996, section 353.64, 104.3 subdivision 7a, is amended to read: 104.4 Subd. 7a. [PENSION COVERAGE FOR CERTAIN METROPOLITAN 104.5 TRANSIT POLICE OFFICERS.] A person who is employed as a 104.6 full-time police officer on or after the first day of the first 104.7 payroll period after July 1, 1993, by themetropolitan council104.8 commissioner of transportation and who is not eligible for 104.9 coverage under the agreement with the Secretary of the federal 104.10 Department of Health and Human Services making the provisions of 104.11 the federal Old Age, Survivors, and Disability Insurance Act 104.12 because the person's position is excluded from application under 104.13 United States Code, sections 418(d)(5)(A) and 418(d)(8)(D), and 104.14 under section 355.07, is a member of the public employees police 104.15 and fire fund and is considered to be a police officer within 104.16 the meaning of this section. Themetropolitan councilemployer 104.17 shall deduct the employee contribution from the salary of each 104.18 full-time police officer as required by section 353.65, 104.19 subdivision 2, shall make the employer contribution for each 104.20 full-time police officer as required by section 353.65, 104.21 subdivision 3, and shall meet the employer recording and 104.22 reporting requirements in section 353.65, subdivision 4. 104.23 Sec. 27. Minnesota Statutes 1996, section 473.166, is 104.24 amended to read: 104.25 473.166 [CONTROLLED ACCESS; TRANSIT FIXED-GUIDEWAY;COUNCIL104.26 OFFICE APPROVAL.] 104.27 Before acquiring land for or constructing a controlled 104.28 access highway or transit fixed-guideway in the area, the state 104.29 transportation department or local government unit proposing the 104.30 acquisition or construction shall submit to thecounciloffice 104.31 of strategic and long-range planning a statement describing the 104.32 proposed project. The statement must be in the form and detail 104.33 required by thecounciloffice. Thecounciloffice shall review 104.34 the statement to ascertain its consistency with its policy plan 104.35 and the development guide. No project may be undertaken unless 104.36 thecounciloffice determines that it is consistent with the 105.1 policy plan. This approval is in addition to the requirements 105.2 of any other statute, ordinance or rule. 105.3 Sec. 28. Minnesota Statutes 1996, section 473.167, 105.4 subdivision 2, is amended to read: 105.5 Subd. 2. [LOANS FOR ACQUISITION.] (a) Thecouncil105.6 commissioner of transportation may make loans to counties, 105.7 towns, and statutory and home rule charter cities within the 105.8 metropolitan area for the purchase of property within the 105.9 right-of-way of a state trunk highway shown on an official map 105.10 adopted pursuant to section 394.361 or 462.359 or for the 105.11 purchase of property within the proposed right-of-way of a 105.12 principal or intermediate arterial highway designated by 105.13 thecouncilcommissioner as a part of the metropolitan highway 105.14 system plan and approved by thecounciloffice of strategic and 105.15 long-range planning pursuant to subdivision 1. The loans shall 105.16 be made by thecouncilcommissioner, from the fund established 105.17 pursuant to this subdivision, for purchases approved by 105.18 thecouncilcommissioner. The loans shall bear no interest. 105.19 (b) Thecouncilcommissioner shall make loans only: 105.20 (1) to accelerate the acquisition of primarily undeveloped 105.21 property when there is a reasonable probability that the 105.22 property will increase in value before highway construction, and 105.23 to update an expired environmental impact statement on a project 105.24 for which the right-of-way is being purchased; 105.25 (2) to avert the imminent conversion or the granting of 105.26 approvals which would allow the conversion of property to uses 105.27 which would jeopardize its availability for highway 105.28 construction; 105.29 (3) to advance planning and environmental activities on 105.30 highest priority major metropolitan river crossing projects, 105.31 under the transportation development guide chapter/policy plan; 105.32 or 105.33 (4) to take advantage of open market opportunities when 105.34 developed properties become available for sale, provided all 105.35 parties involved are agreeable to the sale and funds are 105.36 available. 106.1 (c) Thecouncilcommissioner shall not make loans for the 106.2 purchase of property at a price which exceeds the fair market 106.3 value of the property or which includes the costs of relocating 106.4 or moving persons or property. The eminent domain process may 106.5 be used to settle differences of opinion as to fair market 106.6 value, provided all parties agree to the process. 106.7 (d) A private property owner may elect to receive the 106.8 purchase price either in a lump sum or in not more than four 106.9 annual installments without interest on the deferred 106.10 installments. If the purchase agreement provides for 106.11 installment payments, thecouncilcommissioner shall make the 106.12 loan in installments corresponding to those in the purchase 106.13 agreement. The recipient of an acquisition loan shall convey 106.14 the property for the construction of the highway at the same 106.15 price which the recipient paid for the property. The price may 106.16 include the costs of preparing environmental documents that were 106.17 required for the acquisition and that were paid for with money 106.18 that the recipient received from the loan fund. Upon 106.19 notification by thecouncilcommissioner that the plan to 106.20 construct the highway has been abandoned or the anticipated 106.21 location of the highway changed, the recipient shall sell the 106.22 property at market value in accordance with the procedures 106.23 required for the disposition of the property. All rents and 106.24 other money received because of the recipient's ownership of the 106.25 property and all proceeds from the conveyance or sale of the 106.26 property shall be paid to thecouncilcommissioner. If a 106.27 recipient is not permitted to include in the conveyance price 106.28 the cost of preparing environmental documents that were required 106.29 for the acquisition, then the recipient is not required to repay 106.30 the council an amount equal to 40 percent of the money received 106.31 from the loan fund and spent in preparing the environmental 106.32 documents. 106.33 (e) Theproceeds of the tax authorized by subdivision 3 and106.34distributed to theright-of-way acquisition loan fundpursuant106.35to subdivision 3a, paragraph (a), all money paid to thecouncil106.36 commissioner by recipients of loans, and all interest on 107.1 theproceedsfund and payments shall be maintained as a separate 107.2 fund. For administration of the loan program, thecouncil107.3 commissioner may expend from the fund each year an amount no 107.4 greater than three percent of the amount of the proceeds 107.5 distributedtofrom the right-of-way acquisition loan 107.6 fundpursuant to subdivision 3a, paragraph (a),for that year. 107.7 Sec. 29. Minnesota Statutes 1996, section 473.167, 107.8 subdivision 2a, is amended to read: 107.9 Subd. 2a. [HARDSHIP ACQUISITION AND RELOCATION.] (a) 107.10 Thecouncilcommissioner may make hardship loans to acquiring 107.11 authorities within the metropolitan area to purchase homestead 107.12 property located in a proposed state trunk highway right-of-way 107.13 or project, and to provide relocation assistance. Acquiring 107.14 authorities are authorized to accept the loans and to acquire 107.15 the property. Except as provided in this subdivision, the loans 107.16 shall be made as provided in subdivision 2. Loans shall be in 107.17 the amount of the fair market value of the homestead property 107.18 plus relocation costs and less salvage value. Before 107.19 construction of the highway begins, the acquiring authority 107.20 shall convey the property to the commissioner of transportation 107.21 at the same price it paid, plus relocation costs and less its 107.22 salvage value. Acquisition and assistance under this subdivision 107.23 must conform to sections 117.50 to 117.56. 107.24 (b) Thecouncilcommissioner may make hardship loans only 107.25 when: 107.26 (1) the owner of affected homestead property requests 107.27 acquisition and relocation assistance from an acquiring 107.28 authority; 107.29 (2) federal or other state financial participation is not 107.30 available; 107.31 (3) the owner is unable to sell the homestead property at 107.32 its appraised market value because the property is located in a 107.33 proposed state trunk highway right-of-way or project as 107.34 indicated on an official map or plat adopted under section 107.35 160.085, 394.361, or 462.359; 107.36 (4) thecouncilcommissioner agrees to and approves the 108.1 fair market value of the homestead property, which approval 108.2 shall not be unreasonably withheld; and 108.3 (5) the owner of the homestead property is burdened by 108.4 circumstances that constitute a hardship, such as catastrophic 108.5 medical expenses; a transfer of the homestead owner by the 108.6 owner's employer to a distant site of employment; or inability 108.7 of the owner to maintain the property due to physical or mental 108.8 disability or the permanent departure of children from the 108.9 homestead. 108.10 (c) For purposes of this subdivision, the following terms 108.11 have the meanings given them. 108.12 (1) "Acquiring authority" means counties, towns, and 108.13 statutory and home rule charter cities in the metropolitan area. 108.14 (2) "Homestead property" means a single-family dwelling 108.15 occupied by the owner, and the surrounding land, not exceeding a 108.16 total of ten acres. 108.17 (3) "Salvage value" means the probable sale price of the 108.18 dwelling and other property that is severable from the land if 108.19 offered for sale on the condition that it be removed from the 108.20 land at the buyer's expense, allowing a reasonable time to find 108.21 a buyer with knowledge of the possible uses of the property, 108.22 including separate use of serviceable components and scrap when 108.23 there is no other reasonable prospect of sale. 108.24 Sec. 30. Minnesota Statutes 1996, section 473.168, 108.25 subdivision 2, is amended to read: 108.26 Subd. 2. Themetropolitan counciloffice of strategic and 108.27 long-range planning may require that any freeway constructed in 108.28 the metropolitan area on which actual construction has not been 108.29 commenced byApril 12, 1974the effective date of this act 108.30 include provisions for exclusive lanes for buses and, as 108.31 thecounciloffice may determine, other forms of multipassenger 108.32 transit. Thecounciloffice, in making its determination, must 108.33 demonstrate that the exclusive lanes are necessary to implement 108.34 the transportation policy plan of the development guide. 108.35 Sec. 31. Minnesota Statutes 1996, section 473.223, is 108.36 amended to read: 109.1 473.223 [FEDERAL AID.] 109.2 For the purposes of this section the term "governmental 109.3 subdivision" includes municipalities, counties and other 109.4 political subdivisions generally. If federal aid for 109.5 transportation programs and projects is otherwise unavailable to 109.6 an existing agency or governmental subdivision, themetropolitan109.7councilcommissioner of transportation may cooperate with the 109.8 government of the United States and any agency or department 109.9 thereof and the affected agency or other governmental 109.10 subdivision in establishing metropolitan area eligibility to 109.11 receive federal aid, and may comply with the provisions of the 109.12 laws of the United States and any rules and regulations made 109.13 thereunder for the expenditure of federal moneys upon such 109.14 projects as are proposed for federal assistance. 109.15 Themetropolitan councilcommissioner may accept federal aid and 109.16 other aid, either public or private, for and in behalf of the 109.17 metropolitan area or any governmental subdivision of the state, 109.18 for transportation programs and projects within the metropolitan 109.19 area upon such terms and conditions as are or may be prescribed 109.20 by the laws of the United States and any rules or regulations 109.21 made thereunder, and is authorized to act as agent of any 109.22 governmental subdivision of the state with jurisdiction in the 109.23 metropolitan area upon request of such subdivision in accepting 109.24 the aid in its behalf for such programs or projects financed 109.25 either in whole or in part by federal aid. The governing body 109.26 of any such subdivision is authorized to designate the 109.27metropolitan councilcommissioner as its agent for such purposes 109.28 and to enter into an agreement with thecouncilcommissioner 109.29 prescribing the terms and conditions of the agency relationship 109.30 in accordance with state and federal laws, rules and 109.31 regulations.The metropolitan council is authorized to109.32designate an appropriate state agency as its agent for such109.33purposes and to enter into an agreement with such agency109.34prescribing the terms and conditions of the agency relationship109.35in accordance with state and federal laws, rules and regulations.109.36 Nothing contained herein shall limit any separate authority 110.1 of agencies or governmental subdivisions of the state to 110.2 contract for and receive federal aid. 110.3 Sec. 32. [473.3715] [DEFINITIONS.] 110.4 Subdivision 1. [COMMISSIONER.] "Commissioner" means the 110.5 commissioner of transportation for the purposes of sections 110.6 473.371 to 473.449. 110.7 Subd. 2. [DEPARTMENT.] "Department" means the department 110.8 of transportation for the purposes of sections 473.371 to 110.9 473.449. 110.10 Sec. 33. Minnesota Statutes 1996, section 473.375, 110.11 subdivision 9, is amended to read: 110.12 Subd. 9. [ADVISORY COMMITTEES.] Thecouncilcommissioner 110.13 may establish one or more advisory committees composed of and 110.14 representing transit providers, transit users, and local units 110.15 of government to advise it in carrying out its purposes. The 110.16 members of advisory committees serve without compensation. 110.17 Sec. 34. Minnesota Statutes 1996, section 473.375, 110.18 subdivision 11, is amended to read: 110.19 Subd. 11. [RIDESHARING.] Thecouncilcommissioner shall 110.20 administer a ridesharing program in the metropolitan area,110.21except for the statewide vanpool leasing program conducted by110.22the commissioner of transportation and shall cooperate with the110.23commissioner in the conduct of ridesharing activities in areas110.24where the commissioner's programs and the council's program110.25overlap. Thecouncilcommissioner shall establish a rideshare 110.26 advisory committee to advise it in carrying out the program. 110.27 Thecouncilcommissioner may contract for services in operating 110.28 the program. 110.29 Sec. 35. Minnesota Statutes 1996, section 473.375, 110.30 subdivision 12, is amended to read: 110.31 Subd. 12. [ASSISTANCE.] Thecouncilcommissioner shall 110.32 offer, use, and apply its services to assist and advise transit 110.33 providers in the metropolitan transit area in the planning, 110.34 promotion, development, operation, and evaluation of programs 110.35 and projects which are undertaken or proposed to be undertaken 110.36 by contract with thecouncilcommissioner, and shall seek out 111.1 and select recipients of this assistance and advice. 111.2 Sec. 36. Minnesota Statutes 1996, section 473.375, 111.3 subdivision 13, is amended to read: 111.4 Subd. 13. [FINANCIAL ASSISTANCE.] Thecouncilcommissioner 111.5 may provide financial assistance to public transit providers as 111.6 provided in sections 473.371 to 473.449.The council may not111.7use the proceeds of bonds issued under section 473.39 to provide111.8capital assistance to private, for-profit operators of public111.9transit, unless the operators provide service under a contract111.10with the council, the former regional transit board, or111.11recipients of financial assistance under sections 473.371 to111.12473.449.111.13 No political subdivision within the metropolitan area may 111.14 apply for federal transit assistance unless its application has 111.15 been submitted to and approved by thecouncilcommissioner. 111.16 Sec. 37. Minnesota Statutes 1996, section 473.375, 111.17 subdivision 14, is amended to read: 111.18 Subd. 14. [COORDINATION.] Thecouncilcommissioner shall 111.19 coordinate transit operations within the metropolitan area and 111.20 shall establish a transit information program to provide transit 111.21 users with accurate information on transit schedules and service. 111.22 Sec. 38. Minnesota Statutes 1996, section 473.375, 111.23 subdivision 15, is amended to read: 111.24 Subd. 15. [PERFORMANCE STANDARDS.] Thecouncil111.25 commissioner may establish performance standards for recipients 111.26 of financial assistance. 111.27 Sec. 39. Minnesota Statutes 1996, section 473.382, is 111.28 amended to read: 111.29 473.382 [LOCAL PLANNING AND DEVELOPMENT PROGRAM.] 111.30 Thecouncilcommissioner shall establish a program to 111.31 ensure participation by representatives of local government 111.32 units and the coordination of the planning and development of 111.33 transit by local government units. Thecouncilcommissioner 111.34 shall encourage the establishment of local transit planning and 111.35 development boards by local governments for the purpose of: 111.36 (a) identifying service needs and objectives; 112.1 (b) preparing, or advising and assisting local units of 112.2 government in preparing the transit study and service plan 112.3 required by section 473.384; 112.4 (c) preparing or advising thecouncilcommissioner in the 112.5 review of applications for assistance under section 473.384. 112.6 Thecouncilcommissioner may provide local boards with 112.7 whatever assistanceitthe commissioner deems necessary and 112.8 appropriate. 112.9 Sec. 40. Minnesota Statutes 1996, section 473.384, is 112.10 amended to read: 112.11 473.384 [CONTRACTS.] 112.12 Subdivision 1. [CONTRACTS REQUIRED.] Thecouncil112.13 commissioner shall make contracts with eligible recipients for 112.14 financial assistance to transit service within the metropolitan 112.15 area. Thecouncilcommissioner may not give financial 112.16 assistance to another transit provider without first having 112.17 executed a contract. The provisions of this section do not 112.18 apply to contracts made undersectionssection 473.386and112.19473.388. 112.20 Subd. 2. [ELIGIBILITY.] To be eligible to receive 112.21 financial assistance by contract under this section a recipient 112.22 must be: 112.23 (a) a county, statutory or home rule charter city or town 112.24 or combination thereof, or public authority organized and 112.25 existing pursuant to chapter 398A, providing financial 112.26 assistance to or providing or operating public transit;or112.27 (b) a private provider of public transit; or 112.28 (c) a transit provider formerly operated under section 112.29 473.388. 112.30 Subd. 3. [APPLICATIONS.] Thecouncilcommissioner shall 112.31 establish procedures and standards for review and approval of 112.32 applications for financial assistance under this section. An 112.33 applicant must provide thecouncilcommissioner with the 112.34 financial and other information thecouncilcommissioner 112.35 requires to carry out its duties. Thecouncilcommissioner may 112.36 specify procedures, including public hearing requirements, to be 113.1 followed by applicants that are cities, towns, or counties or 113.2 combinations thereof in conducting transit studies and 113.3 formulating service plans under subdivisions 4 and 5. 113.4 Subd. 4. [TRANSIT STUDY.] Thecouncilcommissioner shall 113.5 require that prior to applying for financial assistance by 113.6 contract under clause (a) of subdivision 2, the applicant must 113.7 prepare and submit a transit study which includes the following 113.8 elements: 113.9 (a) a determination of existing and future transit needs 113.10 within the area to be served, and an assessment of the adequacy 113.11 of existing service to meet the needs; 113.12 (b) an assessment of the level and type of service required 113.13 to meet unmet needs; 113.14 (c) an assessment of existing and future resources 113.15 available for the financing of transit service; and 113.16 (d) the type or types of any new government arrangements or 113.17 agreements needed to provide adequate service. 113.18 The transit study for any applicant may be done by the 113.19councilcommissioner. 113.20 Subd. 5. [SERVICE PLAN.] Thecouncilcommissioner shall, 113.21 before making a contract with an eligible recipient, require the 113.22 submission of a service plan which includes the following 113.23 elements: 113.24 (a) a description of the service proposed for financial 113.25 assistance, including vehicles, routes, and schedules; 113.26 (b) an assessment of the extent to which the proposed 113.27 service meets the needs as determined by the transit study; 113.28 (c) a description of the contract administration and review 113.29 process if the operation of the proposed service is to be done 113.30 by a private contractor; 113.31 (d) a description of the amount required to establish and 113.32 operate the proposed service and the proposed sources of the 113.33 required amount including operating revenue, other local 113.34 sources, and assistance from thecouncilcommissioner and from 113.35 federal sources; 113.36 (e) the fare structure of the proposed service; and 114.1 (f) projections of usage of the system. 114.2 Thecouncilcommissioner may specify procedures, including 114.3 public hearing requirements, to be followed by applicants that 114.4 are cities, towns, or counties or combinations thereof in 114.5 conducting transit studies and formulating service plans. 114.6 Subd. 6. [FINANCIAL ASSISTANCE FOR CERTAIN PROVIDERS.] The 114.7councilcommissioner shall provide financial assistance to 114.8 recipients who were receiving assistance by contract with the 114.9 commissioner of transportation under Minnesota Statutes 1982, 114.10 section 174.24, subdivision 3 on July 1, 1984, so that the 114.11 percentage of total operating cost, as defined by thecouncil114.12 commissioner, paid by the recipient from all local sources of 114.13 revenue, including operating revenue, does not exceed the 114.14 percentage for the recipient's classification as determined by 114.15 the commissioner of transportation under the commissioner's 114.16 final contract with the recipient.The council may include114.17funds received under section 473.446, subdivision 1a, as a local114.18source of revenue.The remainder of the total operating cost 114.19 will be paid by thecouncilcommissioner less all assistance 114.20 received by the recipient for that purpose from any federal 114.21 source. 114.22 If a recipient informs thecouncilcommissioner in writing 114.23 prior to the distribution of financial assistance for any year 114.24 that paying its designated percentage of total operating cost 114.25 from local sources will cause undue hardship, thecouncil114.26 commissioner may adjust the percentage as it deems equitable. 114.27 If for any year the funds available to thecouncilcommissioner 114.28 are insufficient to allow thecouncilcommissioner to payits114.29 the department's share of total operating cost for those 114.30 recipients, thecouncilcommissioner shall reduce its share in 114.31 each classification to the extent necessary. 114.32 Subd. 7. [TRANSIT OPERATIONS IMPACT ASSESSMENT.] Prior to 114.33 entering into a contract for operating assistance with a 114.34 recipient, thecouncilcommissioner shall evaluate the effect, 114.35 if any, of the contract on the ridership, routes, schedules, 114.36 fares, and staffing levels of the existing and proposed service 115.1 provided by thecouncildepartment. Thecouncilcommissioner 115.2 may enter into the contract only if it determines that the 115.3 service to be assisted under the contract will not impose an 115.4 undue hardship on the ridership or financial condition of 115.5 thecouncil'sdepartment's transit operations. The requirements 115.6 of this subdivision do not apply to contracts for assistance to 115.7 recipients who, as part of a negotiated cost-sharing arrangement 115.8 with thecouncilcommissioner, pay a substantial part of the 115.9 cost of services that directly benefit the recipient as an 115.10 institution or organization. 115.11 Subd. 8. [PARATRANSIT CONTRACTS.] In executing and 115.12 administering contracts for paratransit projects, thecouncil115.13 commissioner has the powers and duties given to the commissioner 115.14 of transportation in section 174.255, subdivisions 1 and 2 115.15 relating to handicapped accessibility and insurance coverage. 115.16 The provisions of section 174.255, subdivision 3, apply to 115.17 paratransit projects which receive assistance by contract with 115.18 thecouncilcommissioner. 115.19 Sec. 41. Minnesota Statutes 1996, section 473.385, 115.20 subdivision 1, is amended to read: 115.21 Subdivision 1. [DEFINITIONS.] (a) "Fully developed service 115.22 area" means the fully developed area, as definedinby the 115.23metropolitan council's development guide, plusoffice of 115.24 strategic and long-range planning, and including the cities of 115.25 Mendota Heights, Maplewood, North St. Paul, and Little Canada. 115.26 (b) "Regular route transit" has the meaning given it in 115.27 section 174.22, subdivision 8, except that, for purposes of this 115.28 section, the term does not include services on fixed routes and 115.29 schedules that are primarily intended to provide circulator 115.30 service within a community or adjacent communities rather than 115.31 feeder service to the system of metropolitan regular route 115.32 transit operated by thecouncildepartment. 115.33 Sec. 42. Minnesota Statutes 1996, section 473.385, 115.34 subdivision 2, is amended to read: 115.35 Subd. 2. [SERVICE AREAS.] Thecouncilcommissioner may 115.36 provide financial assistance (whether directly or through 116.1 another entity) to private, for-profit operators of public 116.2 transit only for the following services: 116.3 (1) services that are not regular route services; 116.4 (2) regular route services provided on June 2, 1989, by a 116.5 private, for-profit operator under contract with the former 116.6 regional transit board or under a certificate of convenience and 116.7 necessity issued by the transportation regulation board; 116.8 (3) regular route services outside of the fully developed 116.9 service area that are not operated on June 2, 1989, by the 116.10 former metropolitan transit commission; 116.11 (4) regular route services provided under section 473.388; 116.12 (5) regular route services to recipients who, as part of a 116.13 negotiated cost-sharing arrangement with thecouncil116.14 commissioner, pay at least 50 percent of the cost of the service 116.15 that directly benefits the recipient as an institution or 116.16 organization; or 116.17 (6) regular route services that will not be operated for a 116.18 reasonable subsidy by thecouncilcommissioner. 116.19 Sec. 43. Minnesota Statutes 1996, section 473.386, 116.20 subdivision 1, is amended to read: 116.21 Subdivision 1. [SERVICE OBJECTIVES.] Thecouncil116.22 commissioner shall implement a special transportation service, 116.23 as defined in section 174.29, in the metropolitan area. The 116.24 service has the following objectives: 116.25 (a) to provide greater access to transportation for the 116.26 elderly, people with disabilities, and others with special 116.27 transportation needs in the metropolitan area; 116.28 (b) to develop an integrated system of special 116.29 transportation service providing transportation tailored to meet 116.30 special individual needs in the most cost-efficient manner; and 116.31 (c) to use existing public, private, and private nonprofit 116.32 providers of service wherever possible, to supplement rather 116.33 than replace existing service, and to increase the productivity 116.34 of all special transportation vehicles available in the area. 116.35 Sec. 44. Minnesota Statutes 1996, section 473.386, 116.36 subdivision 2, is amended to read: 117.1 Subd. 2. [SERVICE CONTRACTS; MANAGEMENT; TRANSPORTATION 117.2 ACCESSIBILITY ADVISORY COMMITTEE.] (a) Thecouncilcommissioner 117.3 may contract for services necessary for the provision of special 117.4 transportation. Transportation service provided under a 117.5 contract must specify the service to be provided, the standards 117.6 that must be met, and the rates for operating and providing 117.7 special transportation services. 117.8 (b) Thecouncilcommissioner shall establish management 117.9 policies for the service and may contract with a service 117.10 administrator for day-to-day administration and management of 117.11 the service. Any contract must delegate to the service 117.12 administrator clear authority to administer and manage the 117.13 delivery of the service pursuant tocouncildepartment 117.14 management policies and must establish performance and 117.15 compliance standards for the service administrator. Thecouncil117.16 commissioner may provide directly day to day administration and 117.17 management of the service and may own or lease vehicles used to 117.18 provide the service. 117.19 (c) Thecouncilcommissioner shall ensure that the service 117.20 administrator establishes a system for registering and 117.21 expeditiously responding to complaints by users, informing users 117.22 of how to register complaints, and requiring providers to report 117.23 on incidents that impair the safety and well-being of users or 117.24 the quality of the service. Thecouncilcommissioner shall 117.25 annually report tothe commissioner of transportation andthe 117.26 legislature on complaints and provider reports, the response of 117.27 the service administrator, and steps taken by thecouncil117.28 commissioner and the service administrator to identify causes 117.29 and provide remedies to recurring problems. 117.30 (d) Each year before renewing contracts with providers and 117.31 the service administrator, thecouncilcommissioner shall 117.32 provide an opportunity for the transportation accessibility 117.33 advisory committee, users, and other interested persons to 117.34 testify before thecouncilcommissioner concerning providers, 117.35 contract terms, and other matters relating tocouncildepartment 117.36 policies and procedures for implementing the service. 118.1 (e) Thecouncilcommissioner shall establish a 118.2 transportation accessibility advisory committee. The 118.3 transportation accessibility advisory committee must include 118.4 elderly and disabled persons, other users of special 118.5 transportation service, representatives of persons contracting 118.6 to provide special transportation services, and representatives 118.7 of appropriate agencies for elderly and disabled persons to 118.8 advise thecouncilcommissioner on management policies for the 118.9 service. At least half the transportation accessibility 118.10 advisory committee members must be disabled or elderly persons 118.11 or the representatives of disabled or elderly persons. Two of 118.12 the appointments to the transportation accessibility advisory 118.13 committee shall be made by the council on disability in 118.14 consultation with thechair of the metropolitan118.15councilcommissioner. 118.16 Sec. 45. Minnesota Statutes 1996, section 473.386, 118.17 subdivision 2a, is amended to read: 118.18 Subd. 2a. [ELIGIBILITY CERTIFICATION.] Thecouncil118.19 commissioner shall include the notice of penalty for fraudulent 118.20 certification, and require the person certifying the applicant 118.21 to sign the eligibility certification form and the applicant to 118.22 sign the application form, as provided in section 174.295. 118.23 Sec. 46. Minnesota Statutes 1996, section 473.386, 118.24 subdivision 3, is amended to read: 118.25 Subd. 3. [DUTIES OFCOUNCILCOMMISSIONER.] In implementing 118.26 the special transportation service, thecouncilcommissioner 118.27 shall: 118.28 (a) encourage participation in the service by public, 118.29 private, and private nonprofit providers of special 118.30 transportation currently receiving capital or operating 118.31 assistance from a public agency; 118.32 (b) contract with public, private, and private nonprofit 118.33 providers that have demonstrated their ability to effectively 118.34 provide service at a reasonable cost; 118.35 (c) encourage individuals using special transportation to 118.36 use the type of service most appropriate to their particular 119.1 needs; 119.2 (d) ensure that all persons providing special 119.3 transportation service receive equitable treatment in the 119.4 allocation of the ridership; 119.5 (e) encourage shared rides to the greatest extent 119.6 practicable; 119.7 (f) encourage public agencies that provide transportation 119.8 to eligible individuals as a component of human services and 119.9 educational programs to coordinate with this service and to 119.10 allow reimbursement for transportation provided through the 119.11 service at rates that reflect the public cost of providing that 119.12 transportation; 119.13 (g) establish criteria to be used in determining individual 119.14 eligibility for special transportation services; 119.15 (h) consult with the transportation accessibility advisory 119.16 committee in a timely manner before changes are made in the 119.17 provision of special transportation services, including, but not 119.18 limited to, changes in policies affecting the matters subject to 119.19 hearing under subdivision 2; 119.20 (i) provide for effective administration and enforcement of 119.21councildepartment policies and standards; and 119.22 (j) annually evaluate providers of special transportation 119.23 service to ensure compliance with the standards established for 119.24 the program. 119.25 Sec. 47. Minnesota Statutes 1996, section 473.386, 119.26 subdivision 4, is amended to read: 119.27 Subd. 4. [COORDINATION REQUIRED.] Thecouncilcommissioner 119.28 may not grant any financial assistance to any recipient that 119.29 proposes to use any part of the grant to provide special 119.30 transportation service in the metropolitan area unless the 119.31 program is coordinated with thecouncil'sdepartment's special 119.32 transportation service in the manner determined by thecouncil119.33 department. Thecouncilcommissioner is not required to provide 119.34 funding for transportation services from a residence to a 119.35 service site and home again when the services are used by 119.36 individuals in conjunction with their participation in human 120.1 service developmental achievement center programs in which 120.2 transportation to and from the program is a required and funded 120.3 component of those programs. 120.4 Sec. 48. Minnesota Statutes 1996, section 473.386, 120.5 subdivision 5, is amended to read: 120.6 Subd. 5. [EQUITABLE ALLOCATION AND ANNUAL REALLOCATION.] 120.7 Thecouncilcommissioner shall distribute all available funding 120.8 under this section in a manner designed to achieve an equitable 120.9 allocation of special transportation services based on the 120.10 proportion of the number of elderly, disabled, or economically 120.11 disadvantaged individuals with special transportation needs who 120.12 actually use the special transportation service. 120.13 Sec. 49. Minnesota Statutes 1996, section 473.386, 120.14 subdivision 6, is amended to read: 120.15 Subd. 6. [OPERATING AND SERVICE STANDARDS.] A person 120.16 operating or assisting the operation of a vehicle may leave the 120.17 vehicle to enter premises in order to help a passenger who does 120.18 not require emergency ambulance service. Operators and 120.19 assistants shall provide the help necessary for 120.20 door-through-door service, including help in entering and 120.21 leaving the vehicle and help through the exterior entrance and 120.22 over any exterior steps at either departure or destination 120.23 buildings, provided that both the steps and the wheelchair are 120.24 in good repair. If an operator or assistant refuses help 120.25 because of the condition of the steps or the wheelchair, the 120.26 operator of the service shall send letters to the service 120.27 administrator designated by thecouncilcommissioner, who shall 120.28 notify the person denied service describing the corrective 120.29 measures necessary to qualify for service. 120.30 Sec. 50. Minnesota Statutes 1996, section 473.387, 120.31 subdivision 2, is amended to read: 120.32 Subd. 2. [ADMINISTRATION.] Thecouncilcommissioner shall 120.33 design and administer the programs under this section. The 120.34councilcommissioner may request proposals for projects to 120.35 demonstrate methods of achieving the purposes of programs 120.36 administered under this section. Thecouncilcommissioner shall 121.1 design or ensure the design of programs that will provide better 121.2 access for the targeted service groups to places of employment 121.3 and activity throughout the metropolitan area, using regular 121.4 route transit, paratransit, taxis, car or van pools, or other 121.5 means of conveyance. Thecouncilcommissioner may organize the 121.6 services by providing to individuals, directly or indirectly, 121.7 reduced fares or passes on public transit or vouchers to be used 121.8 to purchase transportation; by contracting with public and 121.9 private providers; by arrangements with government agencies, 121.10 civic and community organizations or nonprofit groups providing 121.11 assistance to the targeted service groups; by arrangements with 121.12 prospective employers, with employment, education, retail, 121.13 medical, or other activity centers, or with local governments; 121.14 or by any other methods designed to improve service and reduce 121.15 costs to the targeted service groups. 121.16 Sec. 51. Minnesota Statutes 1996, section 473.387, 121.17 subdivision 3, is amended to read: 121.18 Subd. 3. [JOBSEEKERS.] Thecouncilcommissioner shall 121.19 establish a program and policies to increase the availability 121.20 and utility of public transit services and reduce transportation 121.21 costs for persons who are seeking employment and who lack 121.22 private means of transportation. 121.23 Sec. 52. Minnesota Statutes 1996, section 473.387, 121.24 subdivision 4, is amended to read: 121.25 Subd. 4. [TRANSIT DISADVANTAGED.] Thecouncilcommissioner 121.26 shall establish a program and policies to reduce transportation 121.27 costs for persons who are, because of limited incomes, age, 121.28 disability, or other reasons, especially dependent on public 121.29 transit for common mobility. 121.30 Sec. 53. Minnesota Statutes 1996, section 473.391, is 121.31 amended to read: 121.32 473.391 [ROUTE PLANNING AND SCHEDULING.] 121.33 Subdivision 1. [CONTRACTS.] Thecouncilcommissioner may 121.34 contract with other operators or local governments for route 121.35 planning and scheduling services in any configuration of new or 121.36 reconfiguration of existing transit services and routes, 122.1 including route planning and scheduling necessary for the test 122.2 marketing program, the service bidding program, and the 122.3 interstate highway described generally as legislative routes 122.4 Nos. 10 and 107 between I-494 and the Hawthorne interchange in 122.5 the city of Minneapolis, commonly known as I-394. 122.6 Subd. 2. [ROUTE ELIMINATION; SERVICE REDUCTION.] The 122.7councilcommissioner shall, before making a determination to 122.8 eliminate or reduce service on existing transit routes, consider: 122.9 (1) the level of subsidy per passenger on each route; 122.10 (2) the availability and proximity of alternative transit 122.11 routes; and 122.12 (3) the percentage of transit dependent riders, including 122.13 youth, elderly, low-income, and disabled riders currently using 122.14 each route. 122.15 Sec. 54. Minnesota Statutes 1996, section 473.3915, 122.16 subdivision 3, is amended to read: 122.17 Subd. 3. [TRANSIT ZONE.] "Transit zone" means the area 122.18 within one-quarter of a mile of a route along which regular 122.19 route transit service is provided that is also within the 122.20 metropolitan urban service area, as determined by thecouncil122.21 office of strategic and long-range planning. "Transit zone" 122.22 includes any light rail transit route for which funds for 122.23 construction have been committed. 122.24 Sec. 55. Minnesota Statutes 1996, section 473.3915, 122.25 subdivision 4, is amended to read: 122.26 Subd. 4. [TRANSIT ZONES; MAP AND PLAN.] For the purposes 122.27 of section 273.13, subdivision 24, thecouncilcommissioner 122.28 shall designate transit zones and identify them on a detailed 122.29 map and in a plan. Thecouncilcommissioner shall review the 122.30 map and plan once a year and revise them as necessary to 122.31 indicate the current transit zones. Thecouncilcommissioner 122.32 shall provide each county and city assessor in the metropolitan 122.33 area a copy of the current map and plan. 122.34 Sec. 56. Minnesota Statutes 1996, section 473.392, is 122.35 amended to read: 122.36 473.392 [SERVICE BIDDING.] 123.1 Thecouncilcommissioner may competitively bid transit 123.2 service only in accordance with standards, procedures, and 123.3 guidelines adopted byresolution ofthecouncilcommissioner. 123.4 Thecouncilcommissioner shall establish a project management 123.5 team to assist and advise thecouncilcommissioner in developing 123.6 and implementing standards, procedures, and guidelines. The 123.7 project management team must include representatives of the 123.8 Amalgamated Transit Union Local 1005, private operators, local 123.9 governments, and other persons interested in the subject. At 123.10 least 60 days before adopting any standards, procedures, or 123.11 guidelines for competitive bidding of transit service, 123.12 thecouncilcommissioner shall hold a public hearing on the 123.13 subject. Thecouncilcommissioner shall publish notice of the 123.14 hearing in newspapers of general circulation in the metropolitan 123.15 area not less than 15 days before the hearing. At the hearing 123.16 all interested persons must be afforded an opportunity to 123.17 present their views orally and in writing. Following the 123.18 hearing, and after considering the testimony, thecouncil123.19 commissioner shall revise and adopt the standards, procedures, 123.20 and guidelines. 123.21 Sec. 57. Minnesota Statutes 1996, section 473.399, is 123.22 amended to read: 123.23 473.399 [LIGHT RAIL TRANSIT; REGIONAL PLAN.] 123.24 Subdivision 1. [GENERAL REQUIREMENTS.] (a) The 123.25councilcommissioner shall adopt a regional light rail transit 123.26 plan to ensure that light rail transit facilities in the 123.27 metropolitan area will be acquired, developed, owned, and 123.28 capable of operation in an efficient, cost-effective, and 123.29 coordinated manner as an integrated and unified system on a 123.30 multicounty basis in coordination with buses and other 123.31 transportation modes and facilities. To the extent practicable, 123.32 thecouncilcommissioner shall incorporate intoitsthe plan 123.33 appropriate elements of the plans of regional railroad 123.34 authorities and the former metropolitan council in order to 123.35 avoid duplication of effort. 123.36 (b) The regional plan required by this section must be 124.1 adopted by thecouncilcommissioner before the commissionerof124.2transportationmay begin construction of light rail transit 124.3 facilities and before the commissioner may expend funds 124.4 appropriated or obtained through bonding for constructing light 124.5 rail transit facilities. Following adoption of the regional 124.6 plan, each regional railroad authority and the commissioner of 124.7 transportation shall act in conformity with the plan. The 124.8 commissioner shall prepare or amend the final design plans as 124.9 necessary to make the plans consistent with the regional plan. 124.10 (c) Throughout the development and implementation of the 124.11 plan, thecouncilcommissioner shall contract for or otherwise 124.12 obtain engineering services to assure that the plan adequately 124.13 addresses the technical aspects of light rail transit. 124.14 Sec. 58. Minnesota Statutes 1996, section 473.3994, 124.15 subdivision 4, is amended to read: 124.16 Subd. 4. [PRELIMINARY DESIGN PLANS;COUNCILOFFICE OF 124.17 STRATEGIC AND LONG-RANGE PLANNING REFERRAL.] If the governing 124.18 body of one or more cities, counties, or towns disapproves the 124.19 preliminary design plans within the period allowed under 124.20 subdivision 3, the commissioner of transportation and the 124.21 regional railroad authority or authorities in whose jurisdiction 124.22 the line or lines are located may refer the plans, along with 124.23 any comments of local jurisdictions, to themetropolitan council124.24 office of strategic and long-range planning. Thecounciloffice 124.25 shall hold a hearing on the plans, giving the commissioner of 124.26 transportation and the regional railroad authority or 124.27 authorities in whose jurisdiction the line or lines are located, 124.28 any disapproving local governmental units, and other persons an 124.29 opportunity to present their views on the plans. Thecouncil124.30 office may conduct independent study as it deems desirable and 124.31 may mediate and attempt to resolve disagreements about the 124.32 plans. Within 90 days after the referral, thecounciloffice 124.33 shall review the plans submitted by the commissioner of 124.34 transportation and the regional railroad authority or 124.35 authorities in whose jurisdiction the line or lines are located 124.36 and thecounciloffice shall decide what amendments to the 125.1 plans, if any, must be made to accommodate the objections 125.2 presented by the disapproving local governmental units. The 125.3 commissioner and the regional railroad authority shall make the 125.4 amendments to the plans before continuing the planning and 125.5 designing process. 125.6 Sec. 59. Minnesota Statutes 1996, section 473.3994, 125.7 subdivision 5, is amended to read: 125.8 Subd. 5. [FINAL DESIGN PLANS.] (a) Before beginning 125.9 construction, the commissioner shall submit the physical design 125.10 component of final design plans to the governing body of each 125.11 statutory and home rule city, county, and town in which the 125.12 route is proposed to be located. Within 60 days after the 125.13 submission of the plans, the city, county, or town shall review 125.14 and approve or disapprove the plans for the route located in the 125.15 city, county, or town. A local unit of government that 125.16 disapproves the plans shall describe specific amendments to the 125.17 plans that, if adopted, would cause the local unit to withdraw 125.18 its disapproval. Failure to approve or disapprove the plans in 125.19 writing within the time period is deemed to be approval, unless 125.20 an extension is agreed to by the city, county, or town and the 125.21 commissioner. 125.22 (b) If the governing body of one or more cities, counties, 125.23 or towns disapproves the plans within the period allowed under 125.24 paragraph (a), the commissioner may refer the plans, along with 125.25 any comments of local jurisdictions, to themetropolitan council125.26 office of strategic and long-range planning. Thecounciloffice 125.27 shall review the final design plans under the same procedure and 125.28 with the same effect as provided in subdivision 4 for 125.29 preliminary design plans. 125.30 Sec. 60. Minnesota Statutes 1996, section 473.3994, 125.31 subdivision 7, is amended to read: 125.32 Subd. 7. [COUNCILOFFICE OF STRATEGIC AND LONG-RANGE 125.33 PLANNING REVIEW.] Before proceeding with construction of a light 125.34 rail transit facility, the commissioner must submit preliminary 125.35 and final design plans to themetropolitan counciloffice of 125.36 strategic and long-range planning. Thecounciloffice must 126.1 review the plans for consistency with thecouncil'soffice's 126.2 development guide and approve the plans. 126.3 Sec. 61. Minnesota Statutes 1996, section 473.3994, 126.4 subdivision 8, is amended to read: 126.5 Subd. 8. [METROPOLITAN SIGNIFICANCE.] This section does 126.6 not diminish or replace the authority of thecounciloffice 126.7 under section 473.173. 126.8 Sec. 62. Minnesota Statutes 1996, section 473.3994, 126.9 subdivision 9, is amended to read: 126.10 Subd. 9. [LIGHT RAIL TRANSIT OPERATING COSTS.] (a) Before 126.11 submitting an application for federal assistance for light rail 126.12 transit facilities in the metropolitan area, the applicant must 126.13 provide to themetropolitan councilcommissioner estimates of 126.14 the amount of operating subsidy which will be required to 126.15 operate light rail transit in the corridor to which the federal 126.16 assistance would be applied. The information provided to the 126.17councilcommissioner must indicate the amount of operating 126.18 subsidy estimated to be required in each of the first ten years 126.19 of operation of the light rail transit facility. 126.20 (b) Thecouncilcommissioner must review and evaluate the 126.21 information provided under paragraph (a) with regard to the 126.22 effect of operating the light rail transit facility on the 126.23 currently available mechanisms for financing transit in the 126.24 metropolitan area. 126.25 (c) Thecouncilcommissioner must present its evaluation to 126.26 the transportation and taxes committees of the house and senate, 126.27 to the appropriations committee of the house and the finance 126.28 committee of the senate, to the local government and 126.29 metropolitan affairs committee of the house, and to the 126.30 metropolitan affairs committee of the senate. 126.31 Sec. 63. Minnesota Statutes 1996, section 473.3994, 126.32 subdivision 10, is amended to read: 126.33 Subd. 10. [CORRIDOR MANAGEMENT COMMITTEE.] A corridor 126.34 management committee shall be established to advise the 126.35 commissioner of transportation in the design and construction of 126.36 light rail transit in each corridor to be constructed. The 127.1 corridor management committee shall consist of the members of 127.2 the light rail transit joint powers board established pursuant 127.3 to section 473.3998 and one representative from each city in 127.4 which the corridor is located.Additionally, the commissioner127.5of transportation and three representatives of the metropolitan127.6council shall each appoint a member to the committee.For the 127.7 corridor between Minneapolis and St. Paul, the University of 127.8 Minnesota shall appoint one member to the committee.A member127.9representing the metropolitan councilThe commissioner shall 127.10 appoint a member to chair the committee. 127.11 The corridor management committee shall advise the 127.12 commissioner of transportation and the regional railroad 127.13 authority or authorities in whose jurisdiction the line or lines 127.14 are located on issues relating to the alternatives analysis, 127.15 environmental review, preliminary design, preliminary 127.16 engineering, final design, implementation method, and 127.17 construction of light rail transit. 127.18 Sec. 64. Minnesota Statutes 1996, section 473.3994, 127.19 subdivision 12, is amended to read: 127.20 Subd. 12. [ALTERNATIVES ANALYSIS; ENVIRONMENTAL REVIEW.] 127.21 For light rail transit lines to be constructed in the 127.22 metropolitan area, the regional railroad authority or 127.23 authorities in whose jurisdiction a line or lines are to be 127.24 constructed and the commissioner of transportation shall jointly 127.25 prepare an alternatives analysis, the environmental review 127.26 documents required, and the preliminary engineering plan.The127.27council must approve the design for the alternatives analysis127.28and the completed alternatives analysis.The department of 127.29 transportation shall be the responsible governmental unit. 127.30 Sec. 65. Minnesota Statutes 1996, section 473.3994, 127.31 subdivision 13, is amended to read: 127.32 Subd. 13. [DISPUTE RESOLUTION.] In the event of a dispute 127.33 between any of the parties arising from the parties' respective 127.34 authority and responsibility under this section or section 127.35 473.3998, the dispute shall be submitted to themetropolitan127.36counciloffice of strategic and long-range planning for final 128.1 resolution by any party to the dispute.The metropolitan128.2council shall establish by July 1, 1993, a process to ensure a128.3prompt and speedy resolution of the dispute. ThisThe dispute 128.4 resolution process shall allow the parties to provide evidence 128.5 and testimony in support of their positions. 128.6 Sec. 66. Minnesota Statutes 1996, section 473.3997, is 128.7 amended to read: 128.8 473.3997 [FEDERAL FUNDING; LIGHT RAIL TRANSIT.] 128.9 (a) Upon completion of the alternatives analysis and draft 128.10 environmental impact statement for the central corridor transit 128.11 improvement project,the council,the commissioner of 128.12 transportation, and the affected regional rail authorities may 128.13 prepare a joint application for federal assistance for light 128.14 rail transit facilities in the metropolitan area.The128.15application must be reviewed and approved by the metropolitan128.16council before it is submitted by the council and the128.17commissioner. In reviewing the application the council must128.18consider the information submitted to it under section 473.3994,128.19subdivision 9.128.20 (b) Until the application described in paragraph (a) is 128.21 submitted, no political subdivision in the metropolitan area may 128.22 on its own apply for federal assistance for light rail transit 128.23 planning or construction. 128.24 Sec. 67. Minnesota Statutes 1996, section 473.405, 128.25 subdivision 1, is amended to read: 128.26 Subdivision 1. [GENERAL.] Themetropolitan128.27councilcommissioner has the powers and duties prescribed by 128.28 this section and sections 473.407 to 473.449 and all powers 128.29 necessary or convenient to dischargeitsthe commissioner's 128.30 duties. 128.31 Sec. 68. Minnesota Statutes 1996, section 473.405, 128.32 subdivision 3, is amended to read: 128.33 Subd. 3. [CONDEMNATION.] Thecouncilcommissioner may for 128.34 transit purposes acquire property, franchises, easements, or 128.35 property rights or interests of any kind by condemnation 128.36 proceedings pursuant to chapter 117. Except as provided in 129.1 subdivision 9, thecouncilcommissioner may take possession of 129.2 any property for which condemnation proceedings have been 129.3 commenced at any time after the filing of the petition 129.4 describing the property in the proceedings. Thecouncil129.5 commissioner may contract with an operator or other persons for 129.6 the use by the operator or person of any property under 129.7 thecouncil'scommissioner's control. 129.8 Sec. 69. Minnesota Statutes 1996, section 473.405, 129.9 subdivision 4, is amended to read: 129.10 Subd. 4. [TRANSIT SYSTEMS.] Thecouncilcommissioner may 129.11 engineer, construct, equip, and operate transit and paratransit 129.12 systems, projects, or any parts thereof, including road lanes or 129.13 rights of way, terminal facilities, maintenance and garage 129.14 facilities, ramps, parking areas, and any other facilities 129.15 useful for or related to any public transit or paratransit 129.16 system or project. 129.17 Sec. 70. Minnesota Statutes 1996, section 473.405, 129.18 subdivision 5, is amended to read: 129.19 Subd. 5. [ACQUISITION OF TRANSIT SYSTEMS.] The 129.20councilcommissioner may acquire by purchase, lease, gift, or 129.21 condemnation proceedings any existing public transit system or 129.22 any part thereof, including all or any part of the plant, 129.23 equipment, shares of stock, property, real, personal, or mixed, 129.24 rights in property, reserve funds, special funds, franchises, 129.25 licenses, patents, permits and papers, documents and records 129.26 belonging to any operator of a public transit system within the 129.27 metropolitan area, and may in connection therewith assume any or 129.28 all liabilities of any operator of a public transit system. The 129.29councilcommissioner may take control of and operate a system 129.30 immediately following the filing and approval of the initial 129.31 petition for condemnation, if thecouncilcommissioner, inits129.32 the commissioner's discretion, determines this to be necessary, 129.33 and may take possession of all right, title and other powers of 129.34 ownership in all properties and facilities described in the 129.35 petition. Control must be taken by resolution which is 129.36 effective upon service of a copy on the condemnee and the filing 130.1 of the resolution in the condemnation action. In the 130.2 determination of the fair value of the existing public transit 130.3 system, there must not be included any value attributable to 130.4 expenditures for improvements made by the former metropolitan 130.5 transit commission or the former metropolitan council. 130.6 Thecouncilcommissioner may continue or terminate within 130.7 three months of acquisition any advertising contract in 130.8 existence by and between any advertiser and a transit system 130.9 that thecouncilcommissioner has acquired. If thecouncil130.10 commissioner determines to terminate the advertising 130.11 contract,itthe commissioner shall acquire all of the 130.12 advertiser's rights under the contract by purchase or eminent 130.13 domain proceedings as provided by law. 130.14 Sec. 71. Minnesota Statutes 1996, section 473.405, 130.15 subdivision 9, is amended to read: 130.16 Subd. 9. [CONDEMNATION OF PUBLIC PROPERTY OR PROPERTY OF 130.17 PUBLIC SERVICE CORPORATIONS.] The fact that property is owned by 130.18 or is in charge of a public agency or a public service 130.19 corporation organized for a purpose specified in section 300.03, 130.20 or is already devoted to a public use or to use by the 130.21 corporation or was acquired therefor by condemnation may not 130.22 prevent its acquisition by thecouncilcommissioner by 130.23 condemnation, but if the property is in actual public use or in 130.24 actual use by the corporation for any purpose of interest or 130.25 benefit to the public, the taking by thecouncilcommissioner by 130.26 condemnation may not be authorized unless the court finds and 130.27 determines that there is greater public necessity for the 130.28 proposed use by thecouncilcommissioner than for the existing 130.29 use. 130.30 Sec. 72. Minnesota Statutes 1996, section 473.405, 130.31 subdivision 10, is amended to read: 130.32 Subd. 10. [VOLUNTARY TRANSFER OF PUBLIC PROPERTY TO THE 130.33COUNCILCOMMISSIONER.] Any state department or other agency of 130.34 the state government or any county, municipality, or other 130.35 public agency may sell, lease, grant, transfer, or convey to the 130.36councilcommissioner, with or without consideration, any 131.1 facilities or any part or parts thereof or any real or personal 131.2 property or interest therein which may be useful to thecouncil131.3 commissioner for any authorized purpose. In any case where the 131.4 construction of a facility has not been completed, the public 131.5 agency concerned may also transfer, sell, assign, and set over 131.6 to thecouncilcommissioner, with or without consideration, any 131.7 existing contract for the construction of the facilities. 131.8 Sec. 73. Minnesota Statutes 1996, section 473.405, 131.9 subdivision 12, is amended to read: 131.10 Subd. 12. [MANAGEMENT CONTRACTS.] Notwithstanding any of 131.11 the other provisions of this section and sections 473.407 to 131.12 473.449, thecouncilcommissioner may, in lieu of directly 131.13 operating any public transit system or any part thereof, enter 131.14 into contracts for management services. The contracts may 131.15 provide for compensation, incentive fees, the employment of 131.16 personnel, the services provided, and other terms and conditions 131.17 that thecouncilcommissioner deems proper. The contracts must 131.18 provide that the compensation of personnel who work full time or 131.19 substantially full time providing management or other services 131.20 for thecouncilcommissioner is public data under chapter 13. 131.21 Thecouncilcommissioner may not permit a contract manager 131.22 to supervise or manage internal audit activities. Internal 131.23 audit activity must be supervised and managed directly by the 131.24councilcommissioner. Thecouncilcommissioner shall advertise 131.25 for bids and select contracts for management services through 131.26 competitive bidding. The term of the contract may not be longer 131.27 than two years. The contract must include clear operating 131.28 objectives, stating the service policies and goals of 131.29 thecouncilcommissioner in terms of the movement of various 131.30 passenger groups, and performance criteria, by means of which 131.31 success in achieving the operating objectives can be measured. 131.32 Thecouncilcommissioner shall consider and determine the 131.33 feasibility and desirability of having all its transit 131.34 management services provided internally by employees of the 131.35councilcommissioner. 131.36 The employees of any public transit system operated 132.1 pursuant to the provisions of this subdivision for the purpose 132.2 of resolving any dispute arising under any existing or new 132.3 collective bargaining agreement relating to the terms or 132.4 conditions of their employment, may either engage in a concerted 132.5 refusal to work or to invoke the processes of final and binding 132.6 arbitration as provided by chapter 572, subject to any 132.7 applicable provisions of the agreement not inconsistent with law. 132.8 Sec. 74. Minnesota Statutes 1996, section 473.405, 132.9 subdivision 15, is amended to read: 132.10 Subd. 15. [RELOCATION OF DISPLACED PERSONS.] The 132.11councilcommissioner may plan for and assist in the relocation 132.12 of individuals, families, business concerns, nonprofit 132.13 organizations, and others displaced by operations of thecouncil132.14 department, and may make relocation payments in accordance with 132.15 federal regulations. 132.16 Sec. 75. Minnesota Statutes 1996, section 473.4051, is 132.17 amended to read: 132.18 473.4051 [LIGHT RAIL TRANSIT OPERATION.] 132.19 Thecouncildepartment shall operate light rail transit 132.20 facilities and services upon completion of construction of the 132.21 facilities and the commencement of revenue service using the 132.22 facilities. The commissioner of transportationand the council132.23 may not allow the commencement of revenue service until after an 132.24 appropriate period of acceptance testing to ensure satisfactory 132.25 performance. In assuming the operation of the system, the 132.26councilcommissioner must comply with section 473.415. The 132.27councilcommissioner shall coordinate operation of the light 132.28 rail transit system with bus service to avoid duplication of 132.29 service on a route served by light rail transit and to ensure 132.30 the widest possible access to light rail transit lines in both 132.31 suburban and urban areas by means of a feeder bus system. 132.32 Sec. 76. Minnesota Statutes 1996, section 473.407, 132.33 subdivision 1, is amended to read: 132.34 Subdivision 1. [AUTHORIZATION.] Thecouncilcommissioner 132.35 may appoint peace officers, as defined in section 626.84, 132.36 subdivision 1, paragraph (c), and establish a law enforcement 133.1 agency, as defined in section 626.84, subdivision 1, paragraph 133.2 (h), known as the metropolitan transit police, to police its 133.3 transit property and routes and to make arrests under sections 133.4 629.30 and 629.34. The jurisdiction of the law enforcement 133.5 agency is limited to offenses relating tocouncildepartment 133.6 transit property, equipment, employees, and passengers. 133.7 Sec. 77. Minnesota Statutes 1996, section 473.407, 133.8 subdivision 3, is amended to read: 133.9 Subd. 3. [POLICIES.] Before thecouncilcommissioner 133.10 begins to operateitsthe department's law enforcement agency 133.11 within a city or county with an existing law enforcement agency, 133.12 the transit police shall develop, in conjunction with the law 133.13 enforcement agencies, written policies that describe how the 133.14 issues of joint jurisdiction will be resolved. The policies 133.15 must also address the operation of emergency vehicles by transit 133.16 police responding to transit emergencies. These policies must 133.17 be filed with the board of peace officer standards and training 133.18 by August 1, 1993. Revisions of any of these policies must be 133.19 filed with the board within ten days of the effective date of 133.20 the revision. Thecouncilcommissioner shall train all of its 133.21 peace officers regarding the application of these policies. 133.22 Sec. 78. Minnesota Statutes 1996, section 473.407, 133.23 subdivision 4, is amended to read: 133.24 Subd. 4. [CHIEF LAW ENFORCEMENT OFFICER.] The 133.25councilcommissioner shall appoint a peace officer employed full 133.26 time to be the chief law enforcement officer and to be 133.27 responsible for the management of the law enforcement agency. 133.28 The person shall possess the necessary police and management 133.29 experience and have the title of chief of metropolitan transit 133.30 police services. All other police management and supervisory 133.31 personnel must be employed full time by thecouncil133.32 commissioner. Supervisory personnel must be on duty and 133.33 available any time transit police are on duty. The 133.34councilcommissioner may not hire part-time peace officers as 133.35 defined in section 626.84, subdivision 1, paragraph (f), except 133.36 that thecouncilcommissioner may appoint peace officers to work 134.1 on a part-time basis not to exceed 30 full-time equivalents. 134.2 Sec. 79. Minnesota Statutes 1996, section 473.407, 134.3 subdivision 5, is amended to read: 134.4 Subd. 5. [EMERGENCIES.] (a) Thecouncilcommissioner shall 134.5 ensure that all emergency vehicles used by transit police are 134.6 equipped with radios capable of receiving and transmitting on 134.7 the same frequencies utilized by the law enforcement agencies 134.8 that have primary jurisdiction. 134.9 (b) When the transit police receive an emergency call they 134.10 shall notify the public safety agency with primary jurisdiction 134.11 and coordinate the appropriate response. 134.12 (c) Transit police officers shall notify the primary 134.13 jurisdictions of their response to any emergency. 134.14 Sec. 80. Minnesota Statutes 1996, section 473.408, 134.15 subdivision 1, is amended to read: 134.16 Subdivision 1. [DEFINITION.] "Off-peak hours" means the 134.17 time from 9:00 a.m. to 3:30 p.m. and 6:30 p.m. until the last 134.18 bus on Monday through Friday of each week and all day Saturday, 134.19 Sunday, and holidays designated by thecouncilcommissioner. 134.20 Sec. 81. Minnesota Statutes 1996, section 473.408, 134.21 subdivision 2, is amended to read: 134.22 Subd. 2. [FARE POLICY.] (a) Fares and fare collection 134.23 systems shall be established and administered to accomplish the 134.24 following purposes: 134.25 (1) to encourage and increase transit and paratransit 134.26 ridership with an emphasis on regular ridership; 134.27 (2) to restrain increases in the average operating subsidy 134.28 per passenger; 134.29 (3) to ensure that no riders on any route pay more in fares 134.30 than the average cost of providing the service on that route; 134.31 (4) to ensure that operating revenues are proportioned to 134.32 the cost of providing the service so as to reduce any disparity 134.33 in the subsidy per passenger on routes in the transit system; 134.34 and 134.35 (5) to implement the social fares as set forth in 134.36 subdivision 2b. 135.1 (b) The plan must contain a statement of the policies that 135.2 will govern the imposition of user charges for various types of 135.3 transit service and the policies that will govern decisions by 135.4 thecouncilcommissioner to change fare policy. 135.5 Sec. 82. Minnesota Statutes 1996, section 473.408, 135.6 subdivision 2a, is amended to read: 135.7 Subd. 2a. [REGULAR ROUTE FARES.] Thecouncilcommissioner 135.8 shall establish and enforce uniform fare policies for regular 135.9 route transit in the metropolitan area. The policies must be 135.10 consistent with the requirements of this section and the 135.11council'soffice of strategic and long-range planning's 135.12 transportation policy plan. Thecouncilcommissioner and other 135.13 operators shall charge a base fare and any surcharges for peak 135.14 hours and distance of service in accordance with the 135.15council'scommissioner's fares policies. Thecouncil135.16 commissioner shall approve all fare schedules. 135.17 Sec. 83. Minnesota Statutes 1996, section 473.408, 135.18 subdivision 2b, is amended to read: 135.19 Subd. 2b. [SOCIAL FARES.] For the purposes of raising 135.20 revenue for improving public safety on transit vehicles and at 135.21 transit hubs or stops, thecouncilcommissioner shall review and 135.22 may adjust its social fares as they relate to passengers under 135.23 the age of 18 during high crime times provided that the 135.24 increased revenues are dedicated to improving the safety of all 135.25 passengers. 135.26 Sec. 84. Minnesota Statutes 1996, section 473.408, 135.27 subdivision 4, is amended to read: 135.28 Subd. 4. [CIRCULATION FARES.] Thecouncilcommissioner and 135.29 other operators may charge a reduced fare for service on any 135.30 route providing circulation service in a downtown area or 135.31 community activity center. Thecouncilcommissioner and other 135.32 operators shall not contribute more than 50 percent of the 135.33 operating deficit of any such route that is confined to a 135.34 downtown area or community activity center. The boundaries of 135.35 service districts eligible for reduced fares under this 135.36 subdivision must be approved by thecouncilcommissioner. 136.1 Sec. 85. Minnesota Statutes 1996, section 473.408, 136.2 subdivision 6, is amended to read: 136.3 Subd. 6. [MONTHLY PASSES.] Thecouncilcommissioner may 136.4 offer monthly passes for regular route bus service for sale to 136.5 the general public. 136.6 Sec. 86. Minnesota Statutes 1996, section 473.408, 136.7 subdivision 7, is amended to read: 136.8 Subd. 7. [EMPLOYEE PLAN.] Thecouncilcommissioner may 136.9 offer monthly passes for regular route bus service for sale to 136.10 employers at a special discount subject to the provisions of 136.11 this subdivision. An employer may be eligible to purchase 136.12 passes at a special discount if the employer agrees to establish 136.13 a payroll deduction plan as a means for its employees to 136.14 purchase the passes at a price at or below the amount charged by 136.15 thecouncilcommissioner. The special discount on passes sold 136.16 pursuant to this subdivision shall be determined by thecouncil136.17 commissioner. 136.18 Sec. 87. Minnesota Statutes 1996, section 473.409, is 136.19 amended to read: 136.20 473.409 [AGREEMENTS WITHCOMMISSIONCOMMISSIONER; 136.21 ENCOURAGEMENT OF TRANSIT USE.] 136.22 A state department or agency, including the legislative 136.23 branch, any local governmental unit, or a metropolitan agency 136.24 may enter into an agreement with thecouncilcommissioner and 136.25 other operators for the purpose of encouraging the use of 136.26 transit by its employees residing in the metropolitan area. The 136.27 agreement may provide for, among other things: (a) the advance 136.28 purchase of tokens, tickets or other devices from thecouncil136.29 commissioner or other operator for use in lieu of fares on 136.30 vehicles operated by thecouncilcommissioner or other operator; 136.31 and (b) special transit service for employees to and from their 136.32 place of employment, at fares to be agreed upon by the 136.33 contracting parties. The tokens, tickets, or other devices or 136.34 services may be made available to employees at reduced rates. 136.35 Any such agreement and arrangement by a state department or 136.36 agency shall be submitted to the commissioner of administration 137.1 for approval before execution. Any operating deficits or 137.2 subsidy resulting from such agreements shall be assumed by the 137.3 contracting department, agency, governmental unit, or other 137.4 commission, unless otherwise provided in an agreement approved 137.5 by thecouncilcommissioner. 137.6 Sec. 88. Minnesota Statutes 1996, section 473.411, 137.7 subdivision 5, is amended to read: 137.8 Subd. 5. [USE OF PUBLIC ROADWAYS AND APPURTENANCES.] 137.9 Thecouncilcommissioner may use for the purposes of sections 137.10 473.405 to 473.449 upon the conditions stated in this 137.11 subdivision any state highway or other public roadway, parkway, 137.12 or lane, or any bridge or tunnel or other appurtenance of a 137.13 roadway, without payment of any compensation, provided the use 137.14 does not interfere unreasonably with the public use or 137.15 maintenance of the roadway or appurtenance or entail any 137.16 substantial additional costs for maintenance. The provisions of 137.17 this subdivision do not apply to the property of any common 137.18 carrier railroad or common carrier railroads.The consent of137.19the public agency in charge of such state highway or other137.20public highway or roadway or appurtenance is not required;137.21except thatIf thecouncilcommissioner seeks to use a 137.22 designated parkway for regular route service in the city of 137.23 Minneapolis,itthe commissioner must obtain permission from and 137.24 is subject to reasonable limitations imposed by a joint board 137.25 consisting of two representativesfromof thecouncil137.26 commissioner, two members of the board of park commissioners, 137.27 and a fifth member jointly selected by the representatives of 137.28 thecouncilcommissioner and the park board. 137.29 The board of park commissioners and thecouncil137.30 commissioner may designate persons to sit on the joint board. 137.31 In considering a request by thecouncilcommissioner to use 137.32 designated parkways for additional routes or trips, the joint 137.33 board consisting of thecouncil or theircommissioner's 137.34 designees, the board of park commissioners or their designees, 137.35 and the fifth member, shall base its decision to grant or deny 137.36 the request based on the criteria to be established by the joint 138.1 board. The decision to grant or deny the request must be made 138.2 within 45 days of the date of the request. The park board must 138.3 be notified immediately by thecouncilcommissioner of any 138.4 temporary route detours. If the park board objects to the 138.5 temporary route detours within five days of being notified, the 138.6 joint board must convene and decide whether to grant the 138.7 request, otherwise the request is deemed granted. If the agency 138.8 objects to the proposed use or claims reimbursement from 138.9 thecouncilcommissioner for additional cost of maintenance, it 138.10 may commence an action against thecouncilcommissioner in the 138.11 district court of the county wherein the highway, roadway, or 138.12 appurtenance, or major portion thereof, is located. The 138.13 proceedings in the action must conform to the rules of civil 138.14 procedure applicable to the district courts. The court shall 138.15 sit without jury. If the court determines that the use in 138.16 question interferes unreasonably with the public use or 138.17 maintenance of the roadway or appurtenance, it shall enjoin the 138.18 use by thecouncilcommissioner. If the court determines that 138.19 the use in question does not interfere unreasonably with the 138.20 public use or maintenance of the roadway or appurtenance, but 138.21 that it entails substantial additional maintenance costs, the 138.22 court shall award judgment to the agency for the amount of the 138.23 additional costs. Otherwise the court shall award judgment to 138.24 thecouncilcommissioner. An aggrieved party may appeal from 138.25 the judgment of the district court in the same manner as is 138.26 provided for such appeals in other civil actions. Thecouncil138.27 commissioner may also use land within the right-of-way of any 138.28 state highway or other public roadway for the erection of 138.29 traffic control devices, other signs, and passenger shelters 138.30 upon the conditions stated in this subdivisionand subject only138.31to the approval of the commissioner of transportation where138.32required by statute,and subject to the express provisions of 138.33 other applicable statutes and to federal requirements where 138.34 necessary to qualify for federal aid. 138.35 Sec. 89. Minnesota Statutes 1996, section 473.415, 138.36 subdivision 1, is amended to read: 139.1 Subdivision 1. If thecouncilcommissioner acquires an 139.2 existing transit system, thecouncilcommissioner shall assume 139.3 and observe all existing labor contracts and pension 139.4 obligations. All employees of such system except executive and 139.5 administrative officers who are necessary for the operation 139.6 thereof by thecouncilcommissioner shall be transferred to and 139.7 appointed as employees of thecouncildepartment for the 139.8 purposes of the transit system, subject to all the rights and 139.9 benefits of sections 473.405 to 473.449. Such employees shall 139.10 be given seniority credit and sick leave, vacation, insurance, 139.11 and pension credits in accordance with the records or labor 139.12 agreements from the acquired transit system. The 139.13councilcommissioner shall assume the obligations of any transit 139.14 system acquired byitthe department with regard to wages, 139.15 salaries, hours, working conditions, sick leave, health and 139.16 welfare and pension or retirement provisions for employees. The 139.17councilcommissioner and the employees, through their 139.18 representatives for collective bargaining purposes, shall take 139.19 whatever action may be necessary to have pension trust funds 139.20 presently under the joint control of the acquired system and the 139.21 participating employees through their representatives 139.22 transferred to the trust fund to be established, maintained and 139.23 administered jointly by thecouncilstate and the participating 139.24 employees through their representatives. No employee of any 139.25 acquired system who is transferred to a position with the 139.26councildepartment shall by reason of such transfer be placed in 139.27 any worse position with respect to workers' compensation, 139.28 pension, seniority, wages, sick leave, vacation, health and 139.29 welfare insurance or any other benefits than the employee 139.30 enjoyed as an employee of such acquired system. 139.31 Sec. 90. Minnesota Statutes 1996, section 473.416, is 139.32 amended to read: 139.33 473.416 [COUNCIL;TAKING OVER PERSONNEL AND CONTRACTS OF 139.34 TRANSIT SYSTEMS.] 139.35 Whenever thecouncildepartment directly operates any 139.36 public transit system, or any part thereof, or enters into any 140.1 management contract or other arrangement for the operation of a 140.2 system, thecouncilcommissioner shall take the action necessary 140.3 to extend to employees of the affected public transit systems, 140.4 in accordance with seniority, the first opportunity for 140.5 reasonably comparable employment in any available nonsupervisory 140.6 jobs in respect to such operations for which they can qualify 140.7 after a reasonable training period. The employment must not 140.8 result in any worsening of the employee's position in the 140.9 employee's former employment nor any loss of wages, hours, 140.10 working conditions, seniority, fringe benefits, and rights and 140.11 privileges pertaining thereto. Thecouncilcommissioner may 140.12 enter into an agreement specifying fair and equitable 140.13 arrangements to protect the interests of employees who may be 140.14 affected if thecouncilcommissioner should acquire any interest 140.15 in or purchase any facilities or other property of a privately 140.16 owned and operated transit system, or construct, improve, or 140.17 reconstruct any facilities or other property acquired from any 140.18 system, or provide by contract or otherwise for the operation of 140.19 transportation facilities or equipment in competition with, or 140.20 supplementary to, the service provided by an existing transit 140.21 system. The agreement, specifying the terms and conditions of 140.22 the protective arrangements, must comply with any applicable 140.23 requirements of this chapter, and with the requirements of any 140.24 federal law or regulation if federal aid is involved. The 140.25 agreement may provide for final and binding arbitration of any 140.26 dispute. 140.27 Sec. 91. Minnesota Statutes 1996, section 473.42, is 140.28 amended to read: 140.29 473.42 [EMPLOYER CONTRIBUTIONS FOR CERTAIN EMPLOYEES.] 140.30 Notwithstanding any contrary provisions of section 352.029, 140.31 thecouncilstate shall make the employer contributions required 140.32 pursuant to section 352.04, subdivision 3, for any employee who 140.33 was on authorized leave of absence from the transit operating 140.34 division of the former metropolitan transit commission who is 140.35 employed by the labor organization which is the exclusive 140.36 bargaining agent representing employees of the office of transit 141.1 operations and who is covered by the Minnesota state retirement 141.2 system in addition to all other employer contributions the 141.3councilstate is required to make. 141.4 Sec. 92. Minnesota Statutes 1996, section 473.448, is 141.5 amended to read: 141.6 473.448 [TRANSIT ASSETS EXEMPT FROM TAX BUT MUST PAY 141.7 ASSESSMENTS.] 141.8 (a) Notwithstanding any other provision of law to the 141.9 contrary, the properties, moneys, and other assets of the 141.10councildepartment of transportation used for transit operations 141.11 in the metropolitan area or for special transportation 141.12 services in the metropolitan area and all revenues or other 141.13 income from thecouncil'sdepartment's transit operations in the 141.14 metropolitan area or special transportation services in the 141.15 metropolitan area are exempt from all taxation, licenses, or 141.16 fees imposed by the state or by any county, municipality, 141.17 political subdivision, taxing district, or other public agency 141.18 or body of the state. 141.19 (b) Notwithstanding paragraph (a), thecouncil's141.20 department's transit properties are subject to special 141.21 assessments levied by a political subdivision for a local 141.22 improvement in amounts proportionate to and not exceeding the 141.23 special benefit received by the properties from the improvement. 141.24 Sec. 93. Minnesota Statutes 1996, section 473.449, is 141.25 amended to read: 141.26 473.449 [ACT EXCLUSIVE.] 141.27 The exercise by thecouncilcommissioner of the powers 141.28 provided in sections 473.405 to 473.449 shall not be subject to 141.29 regulation by or the jurisdiction or control of any other public 141.30 body or agency, either state, county, or municipal, except as 141.31 specifically provided in this chapter. 141.32 Sec. 94. [BONDS.] 141.33 Bonds and other debt authorized by Minnesota Statutes, 141.34 sections 473.39 and 473.436 that are outstanding on the 141.35 effective date of this article must be paid and retired 141.36 according to those sections, Minnesota Statutes, section 142.1 473.446, and the terms of the bonds or other debt instruments. 142.2 The auditors of the metropolitan counties shall see to the 142.3 administration of this section. 142.4 Sec. 95. [TRANSFER PROVISIONS.] 142.5 Subdivision 1. [GENERAL.] The metropolitan council's 142.6 powers and duties related to transit financing, coordination, 142.7 and operation are transferred to the commissioner of 142.8 transportation. Minnesota Statutes, section 15.039 applies to 142.9 the transfer of the council's powers and duties to the 142.10 commissioner to the extent practicable. 142.11 Subd. 2. [LEGISLATIVE PROPOSAL.] (a) The commissioner of 142.12 transportation shall prepare and submit to the legislature by 142.13 February 1, 1999, proposed legislation to integrate the 142.14 department's metropolitan area transit powers and duties with 142.15 its other transportation powers and duties. 142.16 (b) The proposal must include the following elements: 142.17 (1) the metropolitan council transit operations will become 142.18 MnDOT transit division (MTD); 142.19 (2) a dedicated fund adequate for MTD transit operations be 142.20 established separate from road and bridge and other 142.21 transportation department funds; 142.22 (3) MTD must fully prorate and advertise publicly-owned and 142.23 operated transit for the metropolitan area; 142.24 (4) MTD will continue to operate and maintain regional 142.25 fleet buses and routes with a process set up to transfer 142.26 ownership of the regional fleet buses to MTD; 142.27 (5) MCTO Union Local 1005 employees who were absorbed into 142.28 metropolitan council headquarters be given an opportunity to 142.29 transfer to the new MTD by a process in the legislative 142.30 proposal; 142.31 (6) MCTO Union Local 1005 employees at the time of the 142.32 transfer from MCTO to MDT be transferred to MTD and that the 142.33 collective bargaining agreement in effect for Transit Union 142.34 Local 1005 at the time of the transfer continue in effect 142.35 unchanged; and 142.36 (7) so-called opt-out and similar transit services that use 143.1 MTD fare boxes, radio system, transit supervision, police, 143.2 security, maintenance, mechanical, and other services may 143.3 continue to do so if a fee is paid to MDT for the reasonable 143.4 value of the services. 143.5 Sec. 96. [APPROPRIATION.] 143.6 $....... is appropriated from the general fund to the 143.7 commissioner of transportation for the biennium ending June 30, 143.8 1999, for the purposes of this article. 143.9 Sec. 97. [REPEALER.] 143.10 Minnesota Statutes 1996, sections 174.22, subdivision 3; 143.11 473.167, subdivisions 3, 3a, and 4; 473.388, subdivisions 1, 2, 143.12 3, 4, and 5; 473.39, subdivisions 1, 1a, 1b, 2, and 4; 473.3915, 143.13 subdivisions 5 and 6; 473.411, subdivisions 3 and 4; 473.436, 143.14 subdivisions 2, 3, and 6; and 473.446, are repealed. 143.15 Sec. 98. [EFFECTIVE DATE.] 143.16 This article is effective July 1, 1998. 143.17 ARTICLE 4 143.18 METROPOLITAN WASTE CONTROL COMMISSION 143.19 Section 1. Minnesota Statutes 1996, section 115.54, is 143.20 amended to read: 143.21 115.54 [TECHNICAL ADVISORY COMMITTEE.] 143.22 The agency shall adopt and revise rules governing waste 143.23 water treatment control under this chapter or chapter 116 only 143.24 with the advice of a technical advisory committee of seven 143.25 members. One member of the committee shall be selected by each 143.26 of the following: the state Consulting Engineers Council, the 143.27 Minnesota chapter of the Central States Water Pollution Control 143.28 Federation, the Association of Minnesota Counties, the state 143.29 Wastewater Treatment Plant Operators Association, the 143.30 metropolitancouncilwaste control commission, the state 143.31 Association of Small Cities, and the League of Minnesota 143.32 Cities. The technical advisory committee may review and advise 143.33 the agency on any rule or technical requirements governing the 143.34 wastewater treatment grant or loan program and may review the 143.35 work of other professional persons working on a wastewater 143.36 treatment project and make recommendations to those persons, the 144.1 agency, and the concerned municipality, in order for the agency 144.2 to ensure that water quality treatment standards will be met. 144.3 The committee shall meet at least once a year, or at the call of 144.4 the chair, and shall elect its chair. The agency must provide 144.5 staff support for the committee, prepare committee minutes, and 144.6 provide information to the committee it may request. A quorum 144.7 is a simple majority and official action must be by a majority 144.8 vote of the quorum. The committee expires as provided in 144.9 section 15.059, subdivision 5. 144.10 Sec. 2. Minnesota Statutes 1996, section 115.741, 144.11 subdivision 2, is amended to read: 144.12 Subd. 2. [GEOGRAPHIC REPRESENTATION.] At least one of the 144.13 water supply system operators and at least one of the wastewater 144.14 treatment facility operators must be from outside the 144.15 seven-county metropolitan area and one wastewater operator must 144.16 come from the metropolitancouncil wastewater serviceswaste 144.17 control commission. 144.18 Sec. 3. Minnesota Statutes 1996, section 116.16, 144.19 subdivision 2, is amended to read: 144.20 Subd. 2. [DEFINITIONS.] In this section and sections 144.21 116.17 and 116.18: 144.22 (1) Agency means the Minnesota pollution control agency 144.23 created by this chapter; 144.24 (2) Municipality means any county, city, town, the 144.25 metropolitancouncilwaste control commission, or an Indian 144.26 tribe or an authorized Indian tribal organization, and any other 144.27 governmental subdivision of the state responsible by law for the 144.28 prevention, control, and abatement of water pollution in any 144.29 area of the state; 144.30 (3) Water pollution control program means the Minnesota 144.31 state water pollution control program created by subdivision 1; 144.32 (4) Bond account means the Minnesota state water pollution 144.33 control bond account created in the state bond fund by section 144.34 116.17, subdivision 4; 144.35 (5) Terms defined in section 115.01 have the meanings 144.36 therein given them; 145.1 (6) The eligible cost of any municipal project, except as 145.2 otherwise provided in clause (7), includes (a) preliminary 145.3 planning to determine the economic, engineering, and 145.4 environmental feasibility of the project; (b) engineering, 145.5 architectural, legal, fiscal, economic, sociological, project 145.6 administrative costs of the agency and the municipality, and 145.7 other investigations and studies; (c) surveys, designs, plans, 145.8 working drawings, specifications, procedures, and other actions 145.9 necessary to the planning, design, and construction of the 145.10 project; (d) erection, building, acquisition, alteration, 145.11 remodeling, improvement, and extension of disposal systems; (e) 145.12 inspection and supervision of construction; and (f) all other 145.13 expenses of the kinds enumerated in section 475.65; 145.14 (7) For state grants under the state independent grants 145.15 program, the eligible cost includes the acquisition of land for 145.16 stabilization ponds, the construction of collector sewers for 145.17 totally unsewered statutory and home rule charter cities and 145.18 towns described under section 368.01, subdivision 1 or 1a, that 145.19 are in existence on January 1, 1985, and the provision of 145.20 reserve capacity sufficient to serve the reasonable needs of the 145.21 municipality for 20 years in the case of treatment works and 40 145.22 years in the case of sewer systems. For state grants under the 145.23 state independent grants program, the eligible cost does not 145.24 include the provision of service to seasonal homes, or cost 145.25 increases from contingencies that exceed three percent of as-bid 145.26 costs or cost increases from unanticipated site conditions that 145.27 exceed an additional two percent of as-bid costs; 145.28 (8) Authority means the Minnesota public facilities 145.29 authority established in section 446A.03. 145.30 Sec. 4. Minnesota Statutes 1996, section 116.182, 145.31 subdivision 1, is amended to read: 145.32 Subdivision 1. [DEFINITIONS.] (a) For the purposes of this 145.33 section, the terms defined in this subdivision have the meanings 145.34 given them. 145.35 (b) "Agency" means the pollution control agency. 145.36 (c) "Authority" means the public facilities authority 146.1 established in section 446A.03. 146.2 (d) "Commissioner" means the commissioner of the pollution 146.3 control agency. 146.4 (e) "Essential project components" means those components 146.5 of a wastewater disposal system that are necessary to convey or 146.6 treat a municipality's existing wastewater flows and loadings, 146.7 and future wastewater flows and loadings based on the projected 146.8 residential growth of the municipality for a 20-year period. 146.9 (f) "Municipality" means a county, home rule charter or 146.10 statutory city, town, the metropolitancouncilwaste control 146.11 commission, an Indian tribe or an authorized Indian tribal 146.12 organization; or any other governmental subdivision of the state 146.13 responsible by law for the prevention, control, and abatement of 146.14 water pollution in any area of the state. 146.15 Sec. 5. Minnesota Statutes 1996, section 275.066, is 146.16 amended to read: 146.17 275.066 [SPECIAL TAXING DISTRICTS; DEFINITION.] 146.18 For the purposes of property taxation and property tax 146.19 state aids, the term "special taxing districts" includes the 146.20 following entities: 146.21 (1) watershed districts under chapter 103D; 146.22 (2) sanitary districts under sections 115.18 to 115.37; 146.23 (3) regional sanitary sewer districts under sections 115.61 146.24 to 115.67; 146.25 (4) regional public library districts under section 146.26 134.201; 146.27 (5) park districts under chapter 398; 146.28 (6) regional railroad authorities under chapter 398A; 146.29 (7) hospital districts under sections 447.31 to 447.38; 146.30 (8) St. Cloud metropolitan transit commission under 146.31 sections 458A.01 to 458A.15; 146.32 (9) Duluth transit authority under sections 458A.21 to 146.33 458A.37; 146.34 (10) regional development commissions under sections 146.35 462.381 to 462.398; 146.36 (11) housing and redevelopment authorities under sections 147.1 469.001 to 469.047; 147.2 (12) port authorities under sections 469.048 to 469.068; 147.3 (13) economic development authorities under sections 147.4 469.090 to 469.1081; 147.5 (14) metropolitancouncilwaste control commission under 147.6 sections 473.123 to 473.549; 147.7 (15) metropolitan airports commission under sections 147.8 473.601 to 473.680; 147.9 (16) metropolitan mosquito control commission under 147.10 sections 473.701 to 473.716; 147.11 (17) Morrison county rural development financing authority 147.12 under Laws 1982, chapter 437, section 1; 147.13 (18) Croft Historical Park District under Laws 1984, 147.14 chapter 502, article 13, section 6; 147.15 (19) East Lake county medical clinic district under Laws 147.16 1989, chapter 211, sections 1 to 6; 147.17 (20) Floodwood area ambulance district under Laws 1993, 147.18 chapter 375, article 5, section 39; and 147.19 (21) any other political subdivision of the state of 147.20 Minnesota, excluding counties, school districts, cities, and 147.21 towns, that has the power to adopt and certify a property tax 147.22 levy to the county auditor, as determined by the commissioner of 147.23 revenue. 147.24 Sec. 6. Minnesota Statutes 1996, section 352.04, 147.25 subdivision 6, is amended to read: 147.26 Subd. 6. [QUASI-STATE AGENCIES; EMPLOYER CONTRIBUTIONS.] 147.27 For those of their employees who are covered by the system, the 147.28 state horticultural society, the Disabled American Veterans, 147.29 Department of Minnesota, Veterans of Foreign Wars, Department of 147.30 Minnesota, the Minnesota crop improvement association, the 147.31 Minnesota historical society, the armory building commission, 147.32 the Minnesota safety council, the metropolitancouncil and any147.33of its statutory boardswaste control commission, the employer 147.34 of persons described in section 352.01, subdivision 2a, 147.35 paragraph (a), clause (15), and any other agency employing 147.36 employees covered by this system, respectively, shall also pay 148.1 into the retirement fund the amount required by subdivision 3. 148.2 Sec. 7. Minnesota Statutes 1996, section 352D.02, 148.3 subdivision 1, is amended to read: 148.4 Subdivision 1. [COVERAGE.] (a) Employees enumerated in 148.5 paragraph (b), if they are in the unclassified service of the 148.6 state or metropolitancouncilwaste control commission and are 148.7 eligible for coverage under the general state employees 148.8 retirement plan under chapter 352, are participants in the 148.9 unclassified program under this chapter unless the employee 148.10 gives notice to the executive director of the Minnesota state 148.11 retirement system within one year following the commencement of 148.12 employment in the unclassified service that the employee desires 148.13 coverage under the general state employees retirement plan. For 148.14 the purposes of this chapter, an employee who does not file 148.15 notice with the executive director is deemed to have exercised 148.16 the option to participate in the unclassified plan. 148.17 (b) Enumerated employees are: 148.18 (1) an employee in the office of the governor, lieutenant 148.19 governor, secretary of state, state auditor, state treasurer, 148.20 attorney general, or an employee of the state board of 148.21 investment; 148.22 (2) the head of a department, division, or agency created 148.23 by statute in the unclassified service, an acting department 148.24 head subsequently appointed to the position, or an employee 148.25 enumerated in section 15A.081, subdivision 1 or 15A.083, 148.26 subdivision 4; 148.27 (3) a permanent, full-time unclassified employee of the 148.28 legislature or a commission or agency of the legislature or a 148.29 temporary legislative employee having shares in the supplemental 148.30 retirement fund as a result of former employment covered by this 148.31 chapter, whether or not eligible for coverage under the 148.32 Minnesota state retirement system; 148.33 (4) a person who is employed in a position established 148.34 under section 43A.08, subdivision 1, clause (3), or in a 148.35 position authorized under a statute creating or establishing a 148.36 department or agency of the state, which is at the deputy or 149.1 assistant head of department or agency or director level; 149.2 (5) theregionalchief administrator,or executive director149.3of the metropolitan council,general counsel, division 149.4 directors,operationsmanagers, and other positions as 149.5 designated by thecouncilmetropolitan waste control commission, 149.6 all of which may not exceed27nine positions at thecouncil and149.7the chaircommission, provided that upon initial designation of 149.8 all positions provided for in this clause, no further 149.9 designations or redesignations may be made without approval of 149.10 the board of directors of the Minnesota state retirement system; 149.11 (6) the executive director, associate executive director, 149.12 and not to exceed nine positions of the higher education 149.13 services office in the unclassified service, as designated by 149.14 the higher education services office before January 1, 1992, or 149.15 subsequently redesignated with the approval of the board of 149.16 directors of the Minnesota state retirement system, unless the 149.17 person has elected coverage by the individual retirement account 149.18 plan under chapter 354B; 149.19 (7) the clerk of the appellate courts appointed under 149.20 article VI, section 2, of the Constitution of the state of 149.21 Minnesota; 149.22 (8) the chief executive officers of correctional facilities 149.23 operated by the department of corrections and of hospitals and 149.24 nursing homes operated by the department of human services; 149.25 (9) an employee whose principal employment is at the state 149.26 ceremonial house; 149.27 (10) an employee of the Minnesota educational computing 149.28 corporation; 149.29 (11) an employee of the world trade center board; and 149.30 (12) an employee of the state lottery board who is covered 149.31 by the managerial plan established under section 43A.18, 149.32 subdivision 3. 149.33 Sec. 8. Minnesota Statutes 1996, section 422A.01, 149.34 subdivision 9, is amended to read: 149.35 Subd. 9. "Public corporation" includes metropolitan 149.36 airports commission, metropolitancouncilwaste control 150.1 commission and municipal employees retirement fund. 150.2 Sec. 9. Minnesota Statutes 1996, section 422A.101, 150.3 subdivision 2a, is amended to read: 150.4 Subd. 2a. [CONTRIBUTIONS BY METROPOLITAN AIRPORTS 150.5 COMMISSION AND METROPOLITANCOUNCILWASTE CONTROL COMMISSION.] 150.6 The metropolitan airports commission and the 150.7 metropolitancouncilwaste control commission shall pay to the 150.8 Minneapolis employees retirement fund annually in installments 150.9 as specified in subdivision 3 the share of the additional 150.10 support rate required for full amortization of the unfunded 150.11 actuarial accrued liabilities by June 30, 2020, that is 150.12 attributable to employees of the airports commission orformer150.13 metropolitan waste control commission who are members of the 150.14 fund. The amount of the payment shall be determined as if the 150.15airport commission and metropolitan council'scommission's 150.16 employer contributions determined under subdivision 2 had also 150.17 included a proportionate share of a $1,000,000 annual employer 150.18 amortization contribution. The amount of this $1,000,000 annual 150.19 employer amortization contribution that would have been 150.20 allocated to thecommission or councilcommissions would have 150.21 been based on the share of the fund's unfunded actuarial accrued 150.22 liability attributed to thecommission or councilcommissions 150.23 compared to the total unfunded actuarial accrued liability 150.24 attributed to all employers under subdivisions 1a and 2. The 150.25 determinations required under this subdivision must be based on 150.26 the most recent actuarial valuation prepared by the actuary 150.27 retained by the legislative commission on pensions and 150.28 retirement. 150.29 Sec. 10. Minnesota Statutes 1996, section 471.591, 150.30 subdivision 1, is amended to read: 150.31 Subdivision 1. In the beginning stage of the planning 150.32 process, and before preparation of any detailed technical plans 150.33 for the extension of municipal services into an unincorporated 150.34 area, a city shall meet at least once with the town board of the 150.35 affected area and the county planning commission, in joint 150.36 session, to review the plans and consider the comments of the 151.1 town board and the county planning commission. The city may 151.2 thereafter proceed to undertake the proposed extension in 151.3 accordance with applicable law. Any duly organized sewer 151.4 district or sanitary district created pursuant to special law or 151.5 pursuant to chapter 115or, 116A,sections 473.501 to 473.549or 151.6 473, or section 103F.801 is not affected by this section. 151.7 Sec. 11. Minnesota Statutes 1996, section 473.121, 151.8 subdivision 5a, is amended to read: 151.9 Subd. 5a. [METROPOLITAN AGENCY.] "Metropolitan agency" 151.10 means the metropolitan parks and open space commission, 151.11 metropolitan airports commission, metropolitan waste control 151.12 commission, and metropolitan sports facilities commission. 151.13 Sec. 12. Minnesota Statutes 1996, section 473.121, 151.14 subdivision 24, is amended to read: 151.15 Subd. 24. [METROPOLITAN DISPOSAL SYSTEM.] "Metropolitan 151.16 disposal system" means any or all of the interceptors or 151.17 treatment works owned or operated by the metropolitancouncil151.18 wastewater control commission. 151.19 Sec. 13. Minnesota Statutes 1996, section 473.121, is 151.20 amended by adding a subdivision to read: 151.21 Subd. 24a. [METROPOLITAN WASTE CONTROL 151.22 COMMISSION.] "Metropolitan waste control commission" means the 151.23 agency established in section 473.123. 151.24 Sec. 14. Minnesota Statutes 1996, section 473.123, 151.25 subdivision 1, is amended to read: 151.26 Subdivision 1. [CREATION.] A metropolitancouncilwaste 151.27 control commission with jurisdiction in the metropolitan area is 151.28 establishedas a public corporation and political subdivision of151.29the state. It shall beunder the supervision and control of 17151.30members, all of whom shall be residents of the metropolitan area151.31 organized and structured as provided in this section, section 151.32 473.129, and sections 473.501 to 473.549. 151.33 Sec. 15. Minnesota Statutes 1996, section 473.123, 151.34 subdivision 2a, is amended to read: 151.35 Subd. 2a. [TERMS.] (a) Following each apportionment of 151.36councilcommission districts, as provided under subdivision 3a, 152.1councilcommission members must be appointed from newly drawn 152.2 districts as provided in subdivision 3a.Each council member,152.3other than the chair, must reside in the council district152.4represented. Each council district must be represented by one152.5member of the council.The terms of members endwith the term152.6of the governoras provided in this subdivision, except that all 152.7 terms expire on the effective date ofthe nextan 152.8 apportionment.A member serves at the pleasure of the152.9governor.A member shall continue to serve the member's 152.10 district until a successor is appointed and qualified; except 152.11 that, following each apportionment, the member shall continue to 152.12 serve at large until the governor appoints16 councileight 152.13 commission members, one from each of the newly drawncouncil152.14 commission districts as provided under subdivision 3a, to serve 152.15 terms as provided under this section. The appointment to 152.16 thecouncilcommission must be made by the first Monday in March 152.17 of the year in which the term ends. 152.18 (b) Notwithstanding other law, the terms of all members 152.19 from districts serving on June 30, 1997, expire on July 1, 1997. 152.20 The terms of four district seats (which four to be 152.21 determined by lot before July 1, 1997, by the commission) expire 152.22 on the first Monday in January 1999. The terms of the other 152.23 four district seats expire on the first Monday in January in 152.24 2001. The terms of all district seats expire on the effective 152.25 date of the next apportionment. Before appointments are made 152.26 following an apportionment, the commission by lot shall 152.27 designate the terms of four district seats to expire on the 152.28 first Monday in January in 2005 and 2009; the terms of the other 152.29 four district seats expire on the first Monday in January in 152.30 2007 and 2011. The same process must be followed at the time of 152.31 each apportionment. 152.32 Sec. 16. Minnesota Statutes 1996, section 473.123, 152.33 subdivision 3, is amended to read: 152.34 Subd. 3. [MEMBERSHIP; APPOINTMENT; QUALIFICATIONS.] (a) 152.35SixteenEight members must be appointed by the governor on a 152.36 nonpartisan basis from districts defined by this section. 153.1 Eachcouncilmember must reside in thecouncilcommission 153.2 district represented. Eachcouncilcommission district must be 153.3 represented by one member of thecouncilcommission. 153.4 (b) In addition to the notice required by section 15.0597, 153.5 subdivision 4, notice of vacancies and expiration of terms must 153.6 be published in newspapers of general circulation in the 153.7 metropolitan area and the appropriate districts. The governing 153.8 bodies of the statutory and home rule charter cities, counties, 153.9 and towns having territory in the district for which a member is 153.10 to be appointed must be notified in writing. The notices must 153.11 describe the appointments process and invite participation and 153.12 recommendations on the appointment. 153.13 (c) The governor shall create a nominating committee, 153.14 composed of seven metropolitan citizens appointed by the 153.15 governor, to nominate persons for appointment to the 153.16councilcommission from districts. Three of the committee 153.17 members must be local elected officials. Following the 153.18 submission of applications as provided under section 15.0597, 153.19 subdivision 5, the nominating committee shall conduct public 153.20 meetings, after appropriate notice, to accept statements from or 153.21 on behalf of persons who have applied or been nominated for 153.22 appointment and to allow consultation with and secure the advice 153.23 of the public and local elected officials. The committee shall 153.24 hold the meeting on each appointment in the district or in a 153.25 reasonably convenient and accessible location in the part of the 153.26 metropolitan area in which the district is located. The 153.27 committee may consolidate meetings. Following the meetings, the 153.28 committee shall submit to the governor a list of nominees for 153.29 each appointment. The governor is not required to appoint from 153.30 the list. 153.31 (d) Before making an appointment, the governor shall 153.32 consult with all members of the legislature from thecouncil153.33 commission district for which the member is to be appointed. 153.34 (e)Appointments to the council are subject to the advice153.35and consent of the senate as provided in section 15.066.153.36(f)Members of thecouncilcommission must be appointed to 154.1 reflect fairly the various demographic, political, and other 154.2 interests in the metropolitan area and the districts. 154.3(g) Members of the council must be persons knowledgeable154.4about urban and metropolitan affairs.154.5 Sec. 17. Minnesota Statutes 1996, section 473.123, 154.6 subdivision 3a, is amended to read: 154.7 Subd. 3a. [REDISTRICTING.] The legislature shall redraw 154.8 the boundaries of thecouncilmetropolitan waste control 154.9 commission districts after each decennial federal census so that 154.10 each district has substantially equal population. Redistricting 154.11 is effective in the year ending in the numeral "3." Within 60 154.12 days after a redistricting plan takes effect, the governor shall 154.13 appoint members from the newly drawn districts to serve terms as 154.14 provided under subdivision 2a. 154.15 Sec. 18. Minnesota Statutes 1996, section 473.123, 154.16 subdivision 3c, is amended to read: 154.17 Subd. 3c. [DISTRICT BOUNDARIES.] Thecouncilmetropolitan 154.18 waste control commission district boundaries are as follows: 154.19 (1) The firstcouncilcommission district consists of that 154.20 portion of Hennepin county consisting of the cities of Champlin, 154.21 Corcoran, Dayton, Greenfield, Independence, Loretto, Maple 154.22 Grove, Maple Plain, Medicine Lake, Medina, Minnetrista, Mound, 154.23 Osseo, Plymouth, Rockford, Rogers, and St. Bonifacius, and the 154.24 town of Hassan., and 154.25(2) The second council district consists of that portion of154.26Hennepin county consisting ofthe cities of Brooklyn Center, 154.27 Brooklyn Park, Crystal, New Hope, and Robbinsdale. 154.28(3)(2) Thethird councilsecond commission district 154.29 consists of that portion of Hennepin county consisting of the 154.30 cities of Deephaven, Edina, Excelsior, Greenwood, Hopkins, Long 154.31 Lake, Minnetonka, Minnetonka Beach, Orono, Shorewood, Spring 154.32 Park, Tonka Bay, Wayzata, and Woodland., 154.33(4) The fourth council district consists ofCarver county, 154.34 that portion of Dakota county consisting of the city of 154.35 Lakeville, that portion of Hennepin county consisting of the 154.36 cities of Chanhassen and Eden Prairie, and that portion of Scott 155.1 county in the metropolitan area not included in thefifth155.2councilthird commission district. 155.3(5)(3) Thefifth councilthird commission district 155.4 consists of that portion of Hennepin county consisting of the 155.5 cities of Bloomington and Richfield and the unorganized 155.6 territory of Fort Snelling, and that portion of Scott county 155.7 consisting of the cities of Savage and Shakopee., and 155.8(6) The sixth council district consists ofthat portion of 155.9 Hennepin county consisting of the cities of Golden Valley and St. 155.10 Louis Park and that portion of the city of Minneapolis lying 155.11 west and south of a line described as follows: commencing at 155.12 the intersection of the southern boundary of the city of 155.13 Minneapolis and Interstate Highway 35W, northerly along 155.14 Interstate Highway 35W to Minnehaha Parkway, northeasterly along 155.15 Minnehaha Parkway to 50th Street E., westerly along 50th Street 155.16 E. to Stevens Avenue S., northerly along Stevens Avenue S. to 155.17 46th Street E., westerly along 46th Street E. to Nicollet Avenue 155.18 S., northerly along Nicollet Avenue S. to 36th Street W., 155.19 westerly along 36th Street W. to Blaisdell Avenue S., northerly 155.20 along Blaisdell Avenue S. to 34th Street W., westerly along 34th 155.21 Street W. to Grand Avenue S., northerly along Grand Avenue S. to 155.22 32nd Street W., westerly along 32nd Street W. to Harriet Avenue 155.23 S., northerly along Harriet Avenue S. to 31st Street W., 155.24 westerly along 31st Street W. to Garfield Avenue S., northerly 155.25 along Garfield Avenue S. to Lake Street W., westerly along Lake 155.26 Street W. to Lyndale Avenue S., northerly along Lyndale Avenue 155.27 S. to the Burlington Northern Railroad tracks, westerly along 155.28 the northern branch of the Burlington Northern Railroad tracks 155.29 to Glenwood Avenue N., westerly along Glenwood Avenue N. to the 155.30 western boundary of the city of Minneapolis. 155.31(7)(4) Theseventh councilfourth commission district 155.32 consists of that portion of the city of Minneapolislying within155.33a line described as follows: commencing at the intersection of155.34the northern boundary of the city of Minneapolis and the155.35Mississippi River, southerly along the east bank of the155.36Mississippi River to State Highway 122 southwesterly along State156.1Highway 122 to Cedar Avenue S., southerly along Cedar Avenue S.156.2to Minnehaha Avenue, southeasterly along Minnehaha Avenue to156.3Cedar Avenue S., southerly along Cedar Avenue S. to Hiawatha156.4Avenue, southerly along Hiawatha Avenue to 28th Street E.,156.5westerly along 28th Street E. to 21st Avenue S., southerly along156.621st Avenue S. to 32nd Street E., westerly along 32nd Street E.156.7to 19th Avenue S., southerly along 19th Avenue S. to 34th Street156.8E., westerly along 34th Street E. to Bloomington Avenue S.,156.9southerly along Bloomington Avenue S. to 36th Street E.,156.10westerly along 36th Street E. to 10th Avenue S., southerly along156.1110th Avenue S. to 38th Street E., westerly along 38th Street E.156.12to Elliot Avenue S., southerly along Elliot Avenue S. to 44th156.13Street E., westerly along 44th Street E. to Chicago Avenue S.,156.14southerly along Chicago Avenue S. to 50th Street E., westerly156.15along 50th Street E. to Park Avenue S., southerly along Park156.16Avenue S. to Minnehaha Parkway, westerly along Minnehaha Parkway156.17to the eastern boundary of the sixth council district, northerly156.18and westerly along the boundary of the sixth council district to156.19the western boundary of the city of Minneapolis, northerly and156.20then easterly along the boundaries of the city of Minneapolis to156.21the point of origin.156.22(8) The eighth council district consists of that portion of156.23the city of Minneapolisnot included in thesixth or seventh156.24councilthird commission district. 156.25(9)(5) Theninth councilfifth commission district 156.26 consists ofthat portion ofAnoka countynot included in the156.27tenth council district and, that portion of Ramsey county 156.28 consisting of the cities of Blaine and Spring Lake Park.156.29(10) The tenth council district consists of that portion of156.30Anoka county consisting of the cities of Columbia Heights, Coon156.31Rapids, Fridley, and Hilltop, that portion of Hennepin county 156.32 consisting of the city of St. Anthony, and that portion of 156.33 Ramsey county consisting of the cities of Mounds View, New 156.34 Brighton, and St. Anthony. 156.35(11)(6) Theeleventh councilsixth commission district 156.36 consists of that portion of Ramsey county consisting of the 157.1 cities of Arden Hills, Gem Lake, Little Canada, North Oaks, 157.2 Roseville, Shoreview, Vadnais Heights, and White Bear Lake and 157.3 the town of White Bear,and that portion ofthe city of 157.4 Maplewoodnot included in the twelfth council district,and that157.5portion ofWashington countyconsisting of the city of White157.6Bear Lake., and 157.7(12) The twelfth council district consists ofthat portion 157.8 of Ramsey county consisting of the city of North St. Pauland157.9that portion of the city of Maplewood lying east and south of a157.10line described as follows: commencing at the intersection of157.11the southern boundary of the city of Maplewood and White Bear157.12Avenue, northerly along White Bear Avenue to North St. Paul157.13Road, northeasterly along North St. Paul Road to the eastern157.14boundary of the city of Maplewood, and that portion of157.15Washington county not included in the eleventh or sixteenth157.16council district. 157.17(13)(7) Thethirteenth councilseventh commission district 157.18 consists of that portion of Ramsey county consisting ofthat157.19portion ofthecitycities of St. Paullying south of a line157.20described as follows: commencing at the intersection of the157.21eastern boundary of the city of St. Paul and Old Hudson Road,157.22westerly along Old Hudson Road to White Bear Avenue, northerly157.23along White Bear Avenue to East 3rd Street, westerly along East157.243rd Street to Johnson Parkway, northerly along Johnson Parkway157.25to East 4th Street, westerly along East 4th Street to Mounds157.26Boulevard, southeasterly along Mounds Boulevard to East 3rd157.27Street, southeasterly along East 3rd Street to the Burlington157.28Northern Railroad tracks, northerly along the Burlington157.29Northern Railroad tracks to the east-west Burlington Northern157.30Railroad tracks, westerly along the east-west Burlington157.31Northern Railroad tracks to Interstate Highway 35E, southerly157.32along Interstate Highway 35E to University Avenue, westerly157.33along University Avenue to Cleveland Avenue, southerly along157.34Cleveland Avenue to Interstate Highway 94, westerly along157.35Interstate Highway 94 to the western boundary of the city of St.157.36Paul.158.1(14) The fourteenth council district consists of that158.2portion of Ramsey county consisting of the cities of, Falcon 158.3 Heights, and Lauderdale, and that portion of the city of St.158.4Paul not included in the thirteenth council district. 158.5(15)(8) Thefifteenth councileighth commission district 158.6 consists of that portion of Dakota countyconsisting of the158.7cities of Apple Valley, Burnsville, Eagan, Lilydale, Mendota,158.8and Mendota Heights.158.9(16) The sixteenth council district consists of that158.10portion of Dakota county in the metropolitan areanot included 158.11 in thefourth or fifteenth councilsecond commission district, 158.12 and that portion of Washington county consisting of the cities 158.13 of Cottage Grove, Hastings, and St. Paul Park, and the towns of 158.14 Denmark and Grey Cloud Island. 158.15 Sec. 19. Minnesota Statutes 1996, section 473.123, 158.16 subdivision 4, is amended to read: 158.17 Subd. 4. [CHAIR; APPOINTMENT, OFFICERS, SELECTION; DUTIES 158.18 AND COMPENSATION.] (a) The chair of the metropolitan 158.19councilwaste control commission shall be appointed by the 158.20 governor as the17thninth voting member thereof by and with the 158.21 advice and consent of the senate to serve at the pleasure of the 158.22 governor to represent the metropolitan area at large. Senate 158.23 confirmation shall be as provided by section 15.066. 158.24 The governor shall appoint an additional member to the 158.25 commission, as an advisory nonvoting member who may participate 158.26 in debate. The advisory member must be a state level official 158.27 of a labor organization. The governing body of the state 158.28 AFL-CIO or other similar state level labor organization that 158.29 represents the greatest number of employees of the commission 158.30 must be consulted for a recommendation on the advisory 158.31 appointment before the appointment is made. 158.32 The chairof the metropolitan councilshall, if present, 158.33 preside at meetings of thecouncilcommission, have the primary 158.34 responsibility for meeting with local elected officials, serve 158.35 as the principal legislative liaison, present to the governor 158.36 and the legislature, after council approval,thecouncil's159.1 commission's plans forregional governance andoperations, serve 159.2 as the principal spokesperson of thecouncilcommission, and 159.3 perform other duties assigned by thecouncilcommission or by 159.4 law. 159.5 (b) Themetropolitan councilcommission shall elect other 159.6 officers as it deems necessary for the conduct of its affairs 159.7 for a one-year term. A secretary and treasurer need not be 159.8 members of themetropolitan councilcommission. Meeting times 159.9 and places shall be fixed by themetropolitan councilcommission 159.10 and special meetings may be called by a majority of the members 159.11 of themetropolitan councilcommission or by the chair. The 159.12 chair and eachmetropolitan councilcommission member shall be 159.13 reimbursed for actual and necessary expenses. The annual budget 159.14 of the council shall provide as a separate account anticipated 159.15 expenditures for compensation, travel, and associated expenses 159.16 for the chair and members, and compensation or reimbursement 159.17 shall be made to the chair and members only when budgeted. 159.18 (c) Each member of thecouncilcommission shall attend and 159.19 participate incouncilcommission meetings and meet regularly 159.20 with local elected officials and legislative members from 159.21 thecouncilcommission member's district.Each council member159.22shall serve on at least one division committee for159.23transportation, environment, or community development.159.24 (d) In the performance of its duties themetropolitan159.25councilcommission may adopt policies and procedures governing 159.26 its operation,and establish committees, and, when specifically159.27authorized by law, make appointments to other governmental159.28agencies and districts. 159.29 Sec. 20. Minnesota Statutes 1996, section 473.123, is 159.30 amended by adding a subdivision to read: 159.31 Subd. 9. [COMPENSATION.] Each commission member, including 159.32 the chair, shall be paid $55 for each day when the member 159.33 attends one or more meetings or provides other services, as 159.34 authorized by the commission, and shall be reimbursed for all 159.35 actual and necessary expenses incurred in the performance of 159.36 duties in the same manner and amount as state employees. The 160.1 annual budget of the commission shall provide as a separate 160.2 account anticipated expenditures for per diem, and travel and 160.3 associated expenses for the chair and members, and compensation 160.4 or reimbursement shall be made to the chair and members only 160.5 when budgeted. 160.6 Sec. 21. Minnesota Statutes 1996, section 473.123, is 160.7 amended by adding a subdivision to read: 160.8 Subd. 10. [REGULAR AND SPECIAL MEETINGS.] Each commission 160.9 shall meet regularly at least once each month, at such time and 160.10 place as the commission shall by resolution designate. Special 160.11 meetings may be held at any time upon the call of the chair or 160.12 any two other members, upon written notice sent by certified 160.13 mail to each member at least three days prior to the meeting, or 160.14 upon such other notice as the commission may by resolution 160.15 provide, or without notice if each member is present or files 160.16 with the secretary a written consent to the meeting either 160.17 before or after the meeting. Unless otherwise provided, any 160.18 action within the authority of the commission may be taken by 160.19 the affirmative vote of a majority of the members. A majority 160.20 of all of the members of the commission shall constitute a 160.21 quorum, but a lesser number may meet and adjourn from time to 160.22 time and compel the attendance of absent members. 160.23 Sec. 22. Minnesota Statutes 1996, section 473.123, is 160.24 amended by adding a subdivision to read: 160.25 Subd. 11. [PERSONNEL CODE; MERIT SYSTEM.] (a) The 160.26 commission shall by resolution adopt a personnel code relating 160.27 to the employees of the commission. The code shall include a 160.28 job classification plan, procedures for employment and promotion 160.29 of personnel based on merit, procedures for the demotion, 160.30 suspension, or discharge of employees, procedures for hearing 160.31 grievances, procedures for salary administration, and such other 160.32 provisions as appropriate. In addition, the code shall provide 160.33 for the development by each commission of affirmative action 160.34 plans, as provided in section 473.143. The chief administrator 160.35 of each commission shall administer the code, and no commission 160.36 shall take any action inconsistent with the personnel code. 161.1 (b) All employees of the commission except those expressly 161.2 designated for the unclassified service, shall serve in the 161.3 classified service. The unclassified service shall include: 161.4 members of the commission, the chief administrator of the 161.5 commission, all officers of the commission, any employee of the 161.6 commission who is determined by the commission to have a 161.7 confidential relationship to the commission, and any employee of 161.8 the commission expressly exempted from the classified service by 161.9 law. The code shall also include procedures for open 161.10 competitive examinations to test the relative skill or ability 161.11 of all applicants for positions in the classified service. Such 161.12 examinations may consist of written or oral tests of the 161.13 subjective or objective type, physical tests, and practical or 161.14 demonstration tests for the evaluation of past training and 161.15 experience. Oral tests may be used to test the applicant's 161.16 knowledge of the position applied for or personal fitness for 161.17 the position. Where there is more than one applicant for a 161.18 position, each code shall provide for the employment of one of 161.19 the three applicants best qualified for it. 161.20 (c) When a commission employee has been demoted, suspended, 161.21 or dismissed by the chief administrator, the employee may, 161.22 within 30 days after such action becomes effective, file with 161.23 the commission a written request for a hearing showing the 161.24 position from which the employee was dismissed, the date of 161.25 dismissal, the reason for requesting the hearing, and full name 161.26 and present mailing address. Upon receipt of a request for a 161.27 hearing the commission shall appoint three of its members to act 161.28 as an appeal committee and preside at a hearing on the action of 161.29 the administrator. The hearing shall be held within 30 days 161.30 after the request is received by the commission, upon written 161.31 notice mailed or delivered to the employee at the employee's 161.32 present mailing address, not less than seven days before the 161.33 hearing. The appeal committee shall approve or disapprove the 161.34 action of the administrator, and in the case of approval the 161.35 action of the administrator shall be final. In the case of 161.36 disapproval the appeal committee may reinstate the employee 162.1 under such conditions as it deems proper, and may order the 162.2 payment to the employee of compensation lost as a result of the 162.3 demotion, suspension, or dismissal. 162.4 Sec. 23. Minnesota Statutes 1996, section 473.123, is 162.5 amended by adding a subdivision to read: 162.6 Subd. 12. [CHIEF ADMINISTRATOR.] The chair of the 162.7 commission shall, subject to the approval of the commission, 162.8 appoint a chief administrator who shall be chosen solely on the 162.9 basis of training, experience, and other qualifications, and who 162.10 shall serve at the pleasure of the commission. The 162.11 administrator shall attend all meetings of the commission, but 162.12 shall not vote, and shall: 162.13 (a) see that all resolutions, rules, or orders of the 162.14 commission are enforced; 162.15 (b) appoint and remove, subject to the provisions of the 162.16 personnel code adopted pursuant to subdivision 9, upon the basis 162.17 of merit and fitness, all subordinate officers and regular 162.18 employees of the commission; 162.19 (c) present to the commission plans, studies, and reports 162.20 prepared for commission purposes and recommend to the commission 162.21 for adoption such measures as the administrator deems necessary 162.22 to enforce or carry out the powers and duties of the commission, 162.23 or to the efficient administration of the affairs of the 162.24 commission; 162.25 (d) keep the commission fully advised as to its financial 162.26 condition, and prepare and submit to the commission its annual 162.27 budget and such other financial information as it may request; 162.28 (e) recommend to the commission for adoption such rules as 162.29 the administrator deems necessary for the efficient operation of 162.30 the commission's functions; and 162.31 (f) perform such other duties as may be prescribed by the 162.32 commission. 162.33 Sec. 24. Minnesota Statutes 1996, section 473.123, is 162.34 amended by adding a subdivision to read: 162.35 Subd. 13. [PUBLIC EMPLOYEES.] All persons employed by the 162.36 chief administrator shall be public employees, and shall have 163.1 all rights and duties conferred on public employees under 163.2 sections 179A.01 to 179A.25. The compensation and other 163.3 conditions of employment of such employees shall not be governed 163.4 by any rule applicable to state employees in the classified 163.5 service nor to any of the provisions of chapter 15A, unless the 163.6 commission so provides. All employees of the commission shall 163.7 be members of the Minnesota state retirement system, except that 163.8 employees, who by reason of their prior employment belonged to 163.9 another public retirement association in the state of Minnesota, 163.10 may at their option continue membership in that public 163.11 retirement association, and all other rights to which they are 163.12 entitled by contract or law. Members of trades who are employed 163.13 by the metropolitan waste control commission with trade union 163.14 pension coverage pursuant to a collective bargaining agreement 163.15 who elected exclusion from coverage pursuant to section 473.512 163.16 or who are first employed after July 1, 1977, shall not be 163.17 covered by the Minnesota state retirement system. The 163.18 commission shall make the employer's contributions to pension 163.19 funds of its employees. Employees shall perform such duties as 163.20 may be prescribed by the commission. 163.21 Sec. 25. Minnesota Statutes 1996, section 473.123, is 163.22 amended by adding a subdivision to read: 163.23 Subd. 14. [COMMISSION OPERATING PROCEDURES.] (a) The 163.24 commission shall adopt resolutions and bylaws, an administrative 163.25 code establishing procedures for commission action, keeping 163.26 records, approving claims, authorizing and making disbursements, 163.27 authorizing contracts, safekeeping funds, and audit of all 163.28 financial operations of the commission. 163.29 (b) The commission may enter into contracts with each other 163.30 and with other commissions and governmental units for the joint 163.31 exercise of powers in the manner provided by section 471.59. 163.32 Sec. 26. Minnesota Statutes 1996, section 473.123, is 163.33 amended by adding a subdivision to read: 163.34 Subd. 15. [RELOCATION PAYMENT STANDARDS.] In all 163.35 acquisitions the commission shall provide as a cost of 163.36 acquisition the relocation assistance, services, payments, and 164.1 benefits required by the Uniform Relocation Assistance and Real 164.2 Property Acquisition Policies Act of 1970, 84 Stat. 1894 (1971), 164.3 United States Code, title 42, section 4601, et seq. 164.4 Sec. 27. Minnesota Statutes 1996, section 473.129, 164.5 subdivision 1, is amended to read: 164.6 Subdivision 1. [GENERAL POWERS.] Themetropolitan164.7councilcommission shall have and exercise all powers which may 164.8 be necessary or convenient to enable it to perform and carry out 164.9 the duties and responsibilities now existing or which may 164.10 hereafter be imposed upon it by law. Such powers include the 164.11 specific powers enumerated in this section. 164.12 Sec. 28. Minnesota Statutes 1996, section 473.129, 164.13 subdivision 3, is amended to read: 164.14 Subd. 3. [CONSULTING CONTRACTS.] Themetropolitan164.15councilcommission may contract for the services of consultants 164.16 who perform engineering, legal, or services of a professional 164.17 nature. Such contracts shall not be subject to the requirements 164.18 of any law relating to public bidding. 164.19 Sec. 29. Minnesota Statutes 1996, section 473.129, 164.20 subdivision 8, is amended to read: 164.21 Subd. 8. [INSURANCE.] Thecouncilcommission may provide 164.22 for self-insurance or otherwise provide for insurance relating 164.23 to any of its property, rights, or revenue, workers' 164.24 compensation, public liability, or any other risk or hazard 164.25 arising from its activities, and may provide for insuring any of 164.26 its officers or employees against the risk or hazard at the 164.27 expense of the council. If thecouncilcommission provides for 164.28 self-insurance, against its liability and the liability of its 164.29 officers, employees, and agents for damages resulting from its 164.30 torts and those of its officers, employees, and agents, 164.31 including its obligation to pay basic economic loss benefits 164.32 under sections 65B.41 to 65B.71, it shall be entitled to deduct 164.33 from damages and basic economic loss benefits all money paid or 164.34 payable to the persons seeking damages and benefits from all 164.35 governmental entities providing medical, hospital, and 164.36 disability benefits except for payments made under the aid to 165.1 families with dependent children or medical assistance programs. 165.2 Sec. 30. Minnesota Statutes 1996, section 473.129, 165.3 subdivision 9, is amended to read: 165.4 Subd. 9. [INVESTIGATIONS.] When necessary and proper to 165.5 the performance of its duties, thecouncilcommission may enter 165.6 in a reasonable manner upon any premises for the purpose of 165.7 making any reasonably necessary or proper investigations and 165.8 examinations. The entry is not a trespass. Thecouncil165.9 commission is liable for any actual and consequential loss, 165.10 injury, or damage from the entry.When necessary and proper to165.11the performance of its duties, the council or its authorized165.12agents may require the production of accounts, books, records,165.13memoranda, correspondence, and other documents and papers of a165.14person receiving financial assistance from the council, may165.15inspect and copy them, and may have access to and may inspect165.16the lands, buildings, facilities, or equipment of the person.165.17 Sec. 31. Minnesota Statutes 1996, section 473.504, 165.18 subdivision 4, is amended to read: 165.19 Subd. 4. Thecouncilcommission shall have the power to 165.20 adopt rules relating to the operation of any interceptors or 165.21 treatment works operated by it, and may provide penalties for 165.22 the violation thereof not exceeding the maximum which may be 165.23 specified for a misdemeanor. Any rule prescribing a penalty for 165.24 violation shall be published at least once in a newspaper having 165.25 general circulation in the metropolitan area. 165.26 Sec. 32. Minnesota Statutes 1996, section 473.504, 165.27 subdivision 5, is amended to read: 165.28 Subd. 5. Thecouncilcommission may accept gifts, may 165.29 apply for and accept grants or loans of money or other property 165.30 from the United States, the state, or any person for any of its 165.31 purposes, including any grant available under the federal water 165.32 pollution act amendments of 1972, whether for construction, 165.33 research or pilot project implementation, may enter into any 165.34 agreement required in connection therewith, and may hold, use, 165.35 and dispose of such money or property in accordance with the 165.36 terms of the gift, grant, loan or agreement relating thereto. 166.1 Thecouncilcommission has all powers necessary to comply with 166.2 the federal water pollution control act amendments of 1972 and 166.3 any grant offered to it thereunder including, but not limited 166.4 to, the power to enter into such contracts with, or to impose 166.5 such charges upon, persons using the metropolitan disposal 166.6 system as it shall determine to be necessary for the recovery of 166.7 treatment works and interceptor costs paid with federal grant 166.8 funds. Insofar as possible these costs shall be recovered by 166.9 local government units on behalf of thecouncilcommission. 166.10 Sec. 33. Minnesota Statutes 1996, section 473.504, 166.11 subdivision 6, is amended to read: 166.12 Subd. 6. Thecouncilcommission may act under the 166.13 provisions of section 471.59, or any other appropriate law 166.14 providing for joint or cooperative action between government 166.15 units. 166.16 Sec. 34. Minnesota Statutes 1996, section 473.504, 166.17 subdivision 9, is amended to read: 166.18 Subd. 9. Thecouncilcommission may acquire by purchase, 166.19 lease, condemnation, gift, or grant, any real or personal 166.20 property including positive and negative easements and water and 166.21 air rights, and it may construct, enlarge, improve, replace, 166.22 repair, maintain, and operate any interceptor or treatment works 166.23 determined to be necessary or convenient for the collection and 166.24 disposal of sewage in the metropolitan area. Any local 166.25 government unit and the commissioners of transportation and 166.26 natural resources are authorized to convey to or permit the use 166.27 of any such facilities owned or controlled by it by the 166.28councilcommission, subject to the rights of the holders of any 166.29 bonds issued with respect thereto, with or without compensation, 166.30 without an election or approval by any other government agency. 166.31 All powers conferred by this subdivision may be exercised both 166.32 within or without the metropolitan area as may be necessary for 166.33 the exercise by thecouncilcommission of its powers or the 166.34 accomplishment of its purposes. Thecouncilcommission may hold 166.35 such property for its purposes, and may lease any such property 166.36 so far as not needed for its purposes, upon such terms and in 167.1 such manner as it shall deem advisable. Unless otherwise 167.2 provided, the right to acquire lands and property rights by 167.3 condemnation shall be exercised in accordance with chapter 117, 167.4 and shall apply to any property or interest therein owned by any 167.5 local government unit; provided, that no such property devoted 167.6 to an actual public use at the time, or held to be devoted to 167.7 such use within a reasonable time, shall be so acquired unless a 167.8 court of competent jurisdiction shall determine that the use 167.9 proposed by theboardcommission is paramount to such use. 167.10 Except in case of property in actual public use, thecouncil167.11 commission may take possession of any property for which 167.12 condemnation proceedings have been commenced at any time after 167.13 the issuance of a court order appointing commissioners for its 167.14 condemnation. 167.15 Sec. 35. Minnesota Statutes 1996, section 473.504, 167.16 subdivision 10, is amended to read: 167.17 Subd. 10. Thecouncilcommission may construct or maintain 167.18 its systems or facilities in, along, on, under, over, or through 167.19 public streets, bridges, viaducts, and other public rights of 167.20 way without first obtaining a franchise from any local 167.21 government unit having jurisdiction over them; but such 167.22 facilities shall be constructed and maintained in accordance 167.23 with the ordinances and resolutions of any such government unit 167.24 relating to construction, installation, and maintenance of 167.25 similar facilities in such public properties and shall not 167.26 obstruct the public use of such rights-of-way. 167.27 Sec. 36. Minnesota Statutes 1996, section 473.504, 167.28 subdivision 11, is amended to read: 167.29 Subd. 11. Thecouncilcommission may sell or otherwise 167.30 dispose of any real or personal property acquired by it which is 167.31 no longer required for accomplishment of its purposes. Such 167.32 property may be sold in the manner provided by section 469.065, 167.33 insofar as practical. Thecouncilcommission may give such 167.34 notice of sale as it shall deem appropriate. When thecouncil167.35 commission determines that any property or any interceptor or 167.36 treatment works or any part thereof which has been acquired from 168.1 a local government unit without compensation is no longer 168.2 required, but is required as a local facility by the government 168.3 unit from which it was acquired, thecouncilcommission may by 168.4 resolution transfer it to such government unit. 168.5 Sec. 37. Minnesota Statutes 1996, section 473.504, 168.6 subdivision 12, is amended to read: 168.7 Subd. 12. Thecouncilcommission may contract with the 168.8 United States or any agency thereof, any state or agency 168.9 thereof, or any local government unit or governmental agency or 168.10 subdivision, for the joint use of any facility owned by 168.11 thecouncilcommission or such entity, for the operation by such 168.12 entity of any system or facility of thecouncilcommission, or 168.13 for the performance on thecouncil'scommission's behalf of any 168.14 service, on such terms as may be agreed upon by the contracting 168.15 parties. 168.16 Sec. 38. Minnesota Statutes 1996, section 473.504, is 168.17 amended by adding a subdivision to read: 168.18 Subd. 13. The commission may sue and be sued. 168.19 Sec. 39. Minnesota Statutes 1996, section 473.504, is 168.20 amended by adding a subdivision to read: 168.21 Subd. 14. [RESEARCH; HEARINGS; INVESTIGATION; ADVICE.] The 168.22 commission may conduct research studies and programs, collect 168.23 and analyze data, prepare reports, maps, charts, and tables, and 168.24 conduct necessary hearings and investigations in connection with 168.25 the design, construction, and operation of the metropolitan 168.26 disposal system. The commission may advise other governmental 168.27 units on system planning matters within the scope of its duties, 168.28 powers, and objectives. 168.29 Sec. 40. Minnesota Statutes 1996, section 473.504, is 168.30 amended by adding a subdivision to read: 168.31 Subd. 15. [LABOR LIAISON.] The manager of wastewater 168.32 services shall appoint a labor liaison from among the classified 168.33 service of wastewater service employees to serve at the pleasure 168.34 of the manager to advise the manager on labor matters. The 168.35 labor liaison retains all rights under the collective bargaining 168.36 agreement of the appointee's bargaining unit. While serving as 169.1 liaison the appointee is on leave from his classified position. 169.2 The labor liaison must be paid at the wage or salary of the 169.3 highest classification of the bargaining unit from which the 169.4 liaison came. 169.5 Sec. 41. Minnesota Statutes 1996, section 473.505, is 169.6 amended to read: 169.7 473.505 [TOTAL WATERSHED MANAGEMENT.] 169.8 Themetropolitan councilcommission may enter into 169.9 agreements with other governmental bodies and agencies and spend 169.10 funds to implement total watershed management. "Total watershed 169.11 management" means identifying and quantifying at a watershed 169.12 level the (1) sources of pollution, both point and nonpoint, (2) 169.13 causes of conditions that may or may not be a result of 169.14 pollution, and (3) means of reducing pollution or alleviating 169.15 adverse conditions. The purpose of total watershed management 169.16 is to achieve the best water quality for waters of the state 169.17 receiving the effluent of the metropolitan disposal system for 169.18 the lowest total costs, without regard to who will incur those 169.19 costs. 169.20 Sec. 42. Minnesota Statutes 1996, section 473.511, is 169.21 amended to read: 169.22 473.511 [SEWER SERVICE FUNCTION.] 169.23 Subdivision 1. [DUTY OFCOUNCILCOMMISSION; ACQUISITION OF 169.24 EXISTING FACILITIES; NEW FACILITIES.] At any time after January 169.25 1, 1970, until July 1, 1994, the former metropolitan waste 169.26 control commission,andafter July 1, 1994, the council, and 169.27 after the effective date of this section, the commission shall 169.28 assume ownership of all existing interceptors and treatment 169.29 works which will be needed to implement thecouncil's169.30comprehensive plan for thecollection, treatment, and disposal 169.31 of sewage in the metropolitan area, in the manner and subject to 169.32 the conditions prescribed in subdivisions 2 and 4, and shall 169.33 thereafter acquire, construct, equip, operate and maintain all 169.34 additional interceptors and treatment works which will be needed 169.35 for such purpose. Thecouncilcommission shall assume ownership 169.36 of all treatment works owned by a local government unit if any 170.1 part of such treatment works will be needed for such purpose. 170.2 Subd. 2. [METHOD OF ACQUISITION; EXISTING DEBT.] The 170.3councilcommission may require any local government unit to 170.4 transfer to thecouncilcommission, all of its right, title and 170.5 interest in any interceptors or treatment works and all 170.6 necessary appurtenances thereto owned by such local government 170.7 unit which will be needed for the purpose stated in subdivision 170.8 1. Appropriate instruments of conveyance for all such property 170.9 shall be executed and delivered to thecouncilcommission by the 170.10 proper officers of each local government unit concerned. All 170.11 persons regularly employed by a local government unit to operate 170.12 and maintain any treatment works so transferred to thecouncil170.13 commission, on the date on which the transfer becomes effective, 170.14 shall be employees of thecouncilcommission, in the same manner 170.15 and with the same options and rights as are reserved to 170.16 employees of sanitary districts and joint boards under 170.17 subdivision 3. Thecouncilcommission, upon assuming ownership 170.18 of any such interceptors or treatment works, shall become 170.19 obligated to pay to such local government unit amounts 170.20 sufficient to pay when due all remaining principal of and 170.21 interest on bonds issued by such local government unit for the 170.22 acquisition or betterment of the interceptors or treatment works 170.23 taken over. Such amounts may be offset against any amount to be 170.24 paid to thecouncilcommission by the local government unit as 170.25 provided in section 473.517. 170.26 Subd. 3. [EXISTING SANITARY DISTRICTS AND JOINT SEWER 170.27 BOARDS.] Effective January 1, 1971, the corporate existence of 170.28 the Minneapolis-St. Paul Sanitary District, the North Suburban 170.29 Sanitary Sewer District, and any joint board created by 170.30 agreement among local government units pursuant to section 170.31 471.59, to provide interceptors and treatment works for such 170.32 local government units, shall terminate. All persons regularly 170.33 employed by such sanitary districts and joint boards on that 170.34 date or on any earlier date on which the former waste control 170.35 commission pursuant to subdivisions 1 and 2 assumed ownership 170.36 and control of any interceptors or treatment works owned or 171.1 operated by such sanitary districts and joint boards, and who 171.2 are employees of the commission on July 1, 1994, and who are 171.3 employees of the council on the effective date of this section, 171.4 shall be employees of thecouncilcommission, and may at their 171.5 option become members of the Minnesota state retirement system 171.6 or may continue as members of a public retirement association 171.7 under chapter 422A or any other law, to which they belonged 171.8 before such date, and shall retain all pension rights which they 171.9 may have under such latter laws, and all other rights to which 171.10 they are entitled by contract or law. Members of trades who are 171.11 employed by the former metropolitan waste control commission, or 171.12 the former council, who have trade union pension coverage 171.13 pursuant to a collective bargaining agreement, and who elected 171.14 exclusion from coverage pursuant to section 473.512, or who are 171.15 first employed after July 1, 1977, shall not be covered by the 171.16 Minnesota state retirement system. Thecouncilcommission shall 171.17 make the employer's contributions to pension funds of its 171.18 employees. Such employees shall perform such duties as may be 171.19 prescribed by thecouncilcommission. All funds of such 171.20 sanitary districts and joint boards then on hand, and all 171.21 subsequent collections of taxes, special assessments or service 171.22 charges levied or imposed by or for such sanitary districts or 171.23 joint boards shall be transferred to thecouncilcommission. 171.24 The local government units otherwise entitled to such cash, 171.25 taxes, assessments or service charges shall be credited with 171.26 such amounts, and such credits shall be offset against any 171.27 amounts to be paid by them to thecouncilcommission as provided 171.28 in section 473.517. The former metropolitanwaste control171.29commission, and on July 1, 1994, thecouncil, and on the 171.30 effective date of this section, the metropolitan waste control 171.31 commission, shall succeed to and become vested by action of law 171.32 with all right, title and interest in and to any property, real 171.33 or personal, owned or operated by such sanitary districts and 171.34 joint boards. Prior to that date the proper officers of such 171.35 sanitary districts and joint boards, or the former metropolitan 171.36 waste control commission, or the council, shall execute and 172.1 deliver to thecouncilcommission all deeds, conveyances, bills 172.2 of sale, and other documents or instruments required to vest in 172.3 thecouncilcommission good and marketable title to all such 172.4 real or personal property; provided that vesting of the title 172.5 shall occur by operation of law and failure to execute and 172.6 deliver the documents shall not affect the vesting of title in 172.7 the former metropolitan waste control commissionor, the 172.8 council, or the commission on the dates indicated in this 172.9 subdivision. Thecouncilcommission shall become obligated to 172.10 pay or assume all bonded or other debt and contract obligations 172.11 incurred by the former metropolitan waste control commission or 172.12 the council, or by such sanitary districts and joint boards, or 172.13 incurred by local government units for the acquisition or 172.14 betterment of any interceptors or treatment works owned or 172.15 operated by such sanitary districts or joint boards. 172.16 Subd. 4. [CURRENT VALUE OF EXISTING FACILITIES.] When 172.17 thecouncilcommission assumes the ownership of any existing 172.18 interceptors or treatment works as provided in subdivision 2 or 172.19 3, the local government unit or units which paid part or all of 172.20 the cost of such facility, directly or pursuant to contracts for 172.21 reimbursement of costs, shall be entitled to receive a credit 172.22 against amounts to be allocated to them under section 473.517, 172.23 which may be spread over such period not exceeding 30 years as 172.24 thecouncilcommission shall determine, and an additional credit 172.25 equal to interest on the unused credit balance from time to time 172.26 at the rate of four percent per annum. The amount of such 172.27 credit shall equal the current value of the facility computed by 172.28 thecouncilcommission in the manner provided in this 172.29 subdivision at the time thecouncilcommission acquires it. The 172.30 original cost of a facility shall be computed as the total 172.31 actual costs of constructing it, including engineering, legal, 172.32 and administrative costs, less any part of it paid from federal 172.33 or state funds and less the principal amount of any then 172.34 outstanding bonds which were issued to finance its 172.35 construction. The original cost shall be multiplied by a factor 172.36 equal to a current cost index divided by the same cost index at 173.1 the time of construction, to determine replacement cost. The 173.2 cost indices used shall be the Engineering News Record 173.3 Construction Cost Indices for facilities or parts thereof 173.4 completed before 1930, and the United States Public Health 173.5 Service Federal Water Pollution Control Values for Sewer and 173.6 Treatment Plant Construction, as applied to facilities or parts 173.7 thereof completed in or after 1930. The current value of the 173.8 facility shall be the replacement cost depreciated by 2.50 173.9 percent per annum from the date of construction of treatment 173.10 works and 1.25 percent per annum from the date of construction 173.11 of interceptors; and decreased further by a reasonable allowance 173.12 for obsolescence if thecouncilcommission determines that the 173.13 facility or any part thereof will not be useful for 173.14councilcommission purposes for at least the remaining period 173.15 required to depreciate it fully, assuming no salvage value. The 173.16 current value of each such facility shall be credited to each 173.17 local government unit in proportion to the amount of the 173.18 construction cost paid by that unit, as determined by 173.19 thecouncilcommission, taking into account reimbursements 173.20 previously made under contracts between any of the local 173.21 government units. Thecouncilcommission shall prepare an 173.22 itemized statement of the amount of credit each local government 173.23 unit is entitled to receive under this subdivision, and the 173.24 years and amounts of installments of principal and interest 173.25 thereon, and shall cause it to be mailed or delivered to the 173.26 governing body of each local government unit concerned. All 173.27 credits allowed under this subdivision shall be used to finance 173.28 current costs allocated to the local government unit by 173.29 thecouncilcommission or for other sewer costs, and the credits 173.30 shall not be considered as proceeds from the sale of municipal 173.31 property so as to permit their use for other purposes. 173.32 Sec. 43. Minnesota Statutes 1996, section 473.512, 173.33 subdivision 1, is amended to read: 173.34 Subdivision 1. A member of a trade who is employed by the 173.35 former metropolitan waste control commission, and on July 1, 173.36 1994, is employed by the council, and on the effective date of 174.1 this section is employed by the commission on a permanent basis 174.2 with trade union pension plan coverage pursuant to a collective 174.3 bargaining agreement shall be excluded from coverage by the 174.4 Minnesota state retirement system if the member was first 174.5 employed on or after June 1, 1977 or, if the member was first 174.6 employed prior to June 1, 1977, has elected to be excluded from 174.7 coverage by the Minnesota state retirement system pursuant to 174.8 subdivision 2, and has accepted a refund of contributions 174.9 pursuant to subdivision 3. 174.10 Sec. 44. Minnesota Statutes 1996, section 473.513, is 174.11 amended to read: 174.12 473.513 [MUNICIPAL PLANS AND PROGRAMS.] 174.13 As soon as practicable after the adoption of the first 174.14 policy plan by thecounciloffice of strategic and long-range 174.15 planning as provided in section 473.146, and before undertaking 174.16 the construction of any extensions or additions to its disposal 174.17 system or the substantial alteration or improvement of its 174.18 existing disposal system, each local government unit shall adopt 174.19 a similar policy plan for the collection, treatment and disposal 174.20 of sewage for which the local government unit is responsible, 174.21 coordinated with the council's plan, and may revise the same as 174.22 often as it deems necessary. Each such plan shall be submitted 174.23 forthwith to thecounciloffice and the commission for review 174.24 and shall be subject to the approval of thecounciloffice as to 174.25 those features affecting thecouncil'scommission's 174.26 responsibilitiesas determined by the council. Any such 174.27 features disapproved by thecounciloffice shall be modified in 174.28 accordance with thecouncil'soffice's recommendations. No 174.29 construction of new sewers or other disposal facilities, and no 174.30 substantial alteration or improvement of any existing sewers or 174.31 other disposal facilities involving such features, shall be 174.32 undertaken by any local government unit unless its governing 174.33 body shall first find the same to be in accordance with its 174.34 comprehensive plan and program as approved by thecouncil174.35 office. At the time each local government unit makes 174.36 application to the Minnesota pollution control agency for a 175.1 permit to alter or improve its disposal system it shall file 175.2 with thecounciloffice and the commission a copy of the 175.3 application together with design data and a location map of the 175.4 project. 175.5 Sec. 45. Minnesota Statutes 1996, section 473.515, is 175.6 amended to read: 175.7 473.515 [SEWAGE COLLECTION AND DISPOSAL; POWERS.] 175.8 Subdivision 1. [IDENTIFICATION OF POWERS.] In addition to 175.9 all other powers conferred upon or delegated to the 175.10councilcommission hereunder, it shall have the powers specified 175.11 in this section. 175.12 Subd. 2. [RIGHT TO DISCHARGE TREATED SEWAGE.] The 175.13councilcommission shall have the right to discharge the 175.14 effluent from any treatment works operated by it into any waters 175.15 of the state in accordance with any effluent or water quality 175.16 standards lawfully adopted by the pollution control agency. 175.17 Subd. 3. [CONNECTIONS WITH METROPOLITAN SYSTEM.] The 175.18councilcommission may require any person or local government 175.19 unit in the metropolitan area to provide for the discharge of 175.20 its sewage, directly or indirectly, into the metropolitan 175.21 disposal system, or to connect any disposal system or part 175.22 thereof with the metropolitan disposal system wherever 175.23 reasonable opportunity therefor is provided; may regulate the 175.24 manner in which such connections are made; may require any 175.25 person or local government unit discharging sewage into the 175.26 metropolitan disposal system to provide preliminary treatment 175.27 therefor; may prohibit the discharge into the metropolitan 175.28 disposal system of any substance which it determines will or may 175.29 be harmful to the system or any persons operating it; and may 175.30 require any local government unit to discontinue the 175.31 acquisition, betterment, or operation of any facility for its 175.32 disposal system wherever and so far as adequate service is or 175.33 will be provided by the metropolitan disposal system. 175.34 Sec. 46. Minnesota Statutes 1996, section 473.5155, 175.35 subdivision 1, is amended to read: 175.36 Subdivision 1. [REMEDIES AVAILABLE.] (a) For purposes of 176.1 this section, "violation" means any discharge or action by a 176.2 person that violates sections 473.501 to 473.549 or rules, 176.3 standards, variances, limitations, orders, stipulations, 176.4 agreements, schedules of compliance, or permits that are issued 176.5 or adopted by thecouncilcommission under sections 473.501 to 176.6 473.549. 176.7 (b) Each violation may be enforced by any one or a 176.8 combination of the following: criminal prosecution, civil 176.9 action, or other appropriate action in accordance with sections 176.10 473.501 to 473.549. 176.11 Sec. 47. Minnesota Statutes 1996, section 473.516, is 176.12 amended to read: 176.13 473.516 [WASTE FACILITIES; SEWAGE SLUDGE DISPOSAL.] 176.14 Subdivision 1. [ACQUISITION AND OPERATION.] Without 176.15 limiting the grant or enumeration of any of the powers conferred 176.16 on thecouncilcommission under sections 473.501 to 473.549, the 176.17councilcommission shall have the specific power to acquire by 176.18 purchase, lease, condemnation, gift or grant any real or 176.19 personal property, positive and negative easements and water and 176.20 air rights, and it may construct, enlarge, improve, replace, 176.21 repair, maintain and operate waste facilities in the 176.22 metropolitan area deemed to be necessary or convenient in 176.23 connection with the processing or disposal of waste resulting 176.24 from sewage treatment, and thecouncil maycommission must not 176.25 contract for the maintenance and operation of such waste 176.26 facilities, subject to the bidding requirements of section176.27473.523. Thecouncilcommission may accept for processing waste 176.28 derived from outside the metropolitan area in the state, as well 176.29 as waste derived from within the metropolitan area, and may fix 176.30 and collect fees and charges for the acceptance of waste as the 176.31councilcommission determines to be reasonable. 176.32 Subd. 2. [GENERAL REQUIREMENTS.] With respect to its 176.33 activities under this section, thecouncilcommission shall be 176.34 subject to and comply with the applicable provisions of this 176.35 chapter. Property acquired by thecouncilcommission under this 176.36 section shall be subject to the provisions of section 473.545. 177.1 Any site or facility owned or operated for or by thecouncil177.2 commission shall conform to the policy plan adopted under 177.3 section 473.149. Thecouncil shallcommission may contract with 177.4 private persons for the construction, maintenance, and operation 177.5 of waste facilities, subject to the bidding requirements of 177.6 section 473.523, where the facilities are adequate and available 177.7 for use and competitive with other means of providing the same 177.8 service. 177.9 Subd. 3. [LOCAL RESTRICTIONS.] Counties and local units of 177.10 government may impose conditions respecting the construction, 177.11 operation, inspection, monitoring, and maintenance of a waste 177.12 facility of thecouncilcommission and conditions respecting the 177.13 sale, gift, delivery, storage, use, and disposal of sewage 177.14 sludge of thecouncilcommission on private property as a soil 177.15 conditioner or amendment, but only in the manner and only to the 177.16 extent authorized and approved by thecouncilcommission and the 177.17 pollution control agency as being consistent with the 177.18 establishment and use of thecouncil'scommission's waste 177.19 facilities and the disposal of thecouncil'scommission's sewage 177.20 sludge on private property in accordance with thecouncil's177.21 plan, adopted under Minnesota Statutes 1992, section 473.153, 177.22 and agency permits and rules. Counties may exercise the 177.23 enforcement powers granted under section 473.811, subdivision 177.24 5c, in the manner and to the extent authorized and approved in 177.25 accordance with this subdivision. 177.26 Subd. 4. [TECHNICAL MONITORING; SEWAGE SLUDGE DISPOSAL.] 177.27 Each sewage sludge disposal facility of thecouncilcommission, 177.28 or site used for the disposal of sewage sludge of thecouncil177.29 commission, shall be required to have an agency permit issued 177.30 pursuant to agency rules for permitting sewage sludge disposal 177.31 facilities and sites. Each permit shall require a regular 177.32 monitoring and testing program to be carried out by thecouncil177.33 commission. A regular inspection program shall be conducted by 177.34 the agency or a county under contract to the agency. 177.35 Thecouncilcommission shall reimburse the agency quarterly for 177.36 the cost of the program, and the amounts reimbursed are hereby 178.1 appropriated to the agency for the purposes of the program. The 178.2councilcommission shall attempt to the greatest practical 178.3 extent to provide a sludge quality that permits desired nutrient 178.4 loadings and minimizes elements not essential for plant growth 178.5 when sludge is disposed of on private property as a soil 178.6 conditioner or amendment. Thecouncilcommission shall provide 178.7 recipients with information on the facility generating the 178.8 sludge and the content of the sludge taken from its various 178.9 treatment facilities. 178.10 Subd. 5. [SLUDGE ASH CONTRACTS.] Notwithstanding section 178.11 473.523, thecouncilcommission may enter into a negotiated 178.12 contract with a private person to use the sludge ash generated 178.13 by thecouncilcommission in a manufacturing process. The 178.14 contract may not exceed 30 years. 178.15 Sec. 48. Minnesota Statutes 1996, section 473.517, 178.16 subdivision 1, is amended to read: 178.17 Subdivision 1. [CURRENT COSTS DEFINED.] The estimated 178.18 costs of operation, maintenance, and debt service of the 178.19 metropolitan disposal system to be paid by thecouncil178.20 commission in each fiscal year, and the costs of acquisition and 178.21 betterment of the system which are to be paid during the year 178.22 from funds other than bond proceeds, including all expenses 178.23 incurred by thecouncilcommission pursuant to sections 473.501 178.24 to 473.545, are referred to in this section as current costs, 178.25 and shall be allocated in the budget for that year to the 178.26 respective local government units in the metropolitan area as 178.27 provided in subdivisions 2 to 6. The amount budgeted by 178.28 thecouncilcommission for any year for a reserve or contingency 178.29 fund must be treated as a current cost and allocated as a cost 178.30 of operation and maintenance in accordance with this section. 178.31 The reserve or contingency fund so established may not exceed an 178.32 amount equal to 7.5 percent of thecouncil'scommission's waste 178.33 control operating budget in total. 178.34 Sec. 49. Minnesota Statutes 1996, section 473.517, 178.35 subdivision 2, is amended to read: 178.36 Subd. 2. [ALLOCATION OF METROPOLITAN TREATMENT WORKS AND 179.1 INTERCEPTOR COSTS; ADJUSTED VOLUME.] Except as provided in 179.2 subdivision 3, the current costs of all treatment works and 179.3 interceptors in the metropolitan disposal system shall be 179.4 allocated among and paid by all local government units which 179.5 will discharge sewage, directly or indirectly, into the 179.6 metropolitan disposal system during the budget year, in 179.7 proportion to the total volume estimated to be so discharged by 179.8 each local government unit, adjusted as follows: 179.9 (a) increased or decreased, as the case may be, to the 179.10 extent thecouncilcommission determines, on the basis of such 179.11 historical and reasonably projected data as may be available, 179.12 that the sewage discharged by one unit will require more or less 179.13 treatment to produce a suitable effluent than that discharged by 179.14 others; 179.15 (b) decreased by any amount of surface water estimated by 179.16 thecouncilcommission to be discharged by a local government 179.17 unit from a combined storm and sanitary sewer system; 179.18 (c) increased by that volume of normal sanitary sewage 179.19 which is equivalent for treatment purposes to the volume of 179.20 surface water referred to in clause (b), as determined by the 179.21councilcommission from available engineering data; and 179.22 (d) increased or decreased, as the case may be, by the 179.23 amount of any substantial and demonstrable error in a previous 179.24 estimate. 179.25 Sec. 50. Minnesota Statutes 1996, section 473.517, 179.26 subdivision 3, is amended to read: 179.27 Subd. 3. [ALLOCATION OF METROPOLITAN TREATMENT WORKS AND 179.28 INTERCEPTOR COSTS; RESERVED CAPACITY.] In preparing each budget 179.29 thecouncilcommission shall estimate the current costs of 179.30 acquisition, betterment, and debt service, only, of the 179.31 treatment works in the metropolitan disposal system which will 179.32 not be used to total capacity during the budget year, and the 179.33 percentage of such capacity which will not be used, and shall 179.34 deduct the same percentage of such treatment works costs from 179.35 the current costs allocated under subdivision 2. Thecouncil179.36 commission shall also estimate the current costs of acquisition, 180.1 betterment, and debt service, only, of the interceptors in the 180.2 metropolitan disposal system that will not be used to total 180.3 capacity during the budget year, shall estimate the percentage 180.4 of the total capacity that will not be used, and shall deduct 180.5 the same percentage of interceptor costs from the current costs 180.6 allocated under subdivision 2. The total amount so deducted 180.7 with respect to all treatment works and interceptors in the 180.8 system shall be allocated among and paid by the respective local 180.9 government units in the metropolitan area for which system 180.10 capacity unused each year is reserved for future use, in 180.11 proportion to the amounts of such capacity reserved for each of 180.12 them. 180.13 Sec. 51. Minnesota Statutes 1996, section 473.517, 180.14 subdivision 6, is amended to read: 180.15 Subd. 6. [DEFERMENT OF PAYMENTS.] Thecouncilcommission 180.16 may by resolution provide for the deferment of payment of all or 180.17 part of the current costs of acquisition, betterment, and debt 180.18 service of estimated unused capacity which are allocated by the 180.19councilcommission to a local government unit in any year 180.20 pursuant to subdivision 3, repayable at such time or times as 180.21 thecouncilcommission shall specify in the resolution, with 180.22 interest at the approximate average annual rate borne bycouncil180.23 commission bonds outstanding at the time of the deferment, as 180.24 determined by thecouncilcommission. Such costs may be 180.25 deferred only when thecouncilcommission determines that a 180.26 substantial portion of the territory of a local government unit 180.27 has not been connected to the metropolitan disposal system, and 180.28 that the amount of such costs or some portion thereof is 180.29 disproportionate to the available economic resources of the unit 180.30 at the time. Such deferred costs shall be allocated to and paid 180.31 by all local government units in the metropolitan area which 180.32 will discharge sewage, directly or indirectly, into the 180.33 metropolitan disposal system in the budget year for which the 180.34 deferment is granted, in the same manner and proportions as 180.35 current costs are allocated under subdivision 2. When such 180.36 deferred costs are repaid they shall be applied in reduction of 181.1 the total amount of costs thereafter allocated to each of the 181.2 local government units to which such deferred costs were 181.3 allocated in the year of deferment, in proportion to their 181.4 allocations thereof that year. 181.5 Sec. 52. Minnesota Statutes 1996, section 473.517, 181.6 subdivision 9, is amended to read: 181.7 Subd. 9. [ADVISORY COMMITTEES.] Thecouncilcommission may 181.8 establish and appoint persons to advisory committees to assist 181.9 thecouncilcommission in the performance of its wastewater 181.10 control duties. If established, the advisory committees shall 181.11 meet with thecouncilcommission to consult with such members 181.12 concerning the acquisition, betterment, operation and 181.13 maintenance of interceptors and treatment works in the 181.14 metropolitan disposal system, and the allocation of costs 181.15 therefor. Members of the advisory committee serve without 181.16 compensation but must be reimbursed for their reasonable 181.17 expenses as determined by thecouncilcommission. 181.18 Sec. 53. Minnesota Statutes 1996, section 473.519, is 181.19 amended to read: 181.20 473.519 [FEDERAL WATER POLLUTION CONTROL ACT AMENDMENTS OF 181.21 1972; SYSTEM OF CHARGES.] 181.22 Each local government unit shall adopt a system of charges 181.23 for the use and availability of the metropolitan disposal system 181.24 which will assure that each recipient of waste treatment 181.25 services within or served by the unit will pay its proportionate 181.26 share of the current costs allocated to the unit by the 181.27councilcommission under section 473.517, as required by the 181.28 federal Water Pollution Control Act amendments of 1972, and any 181.29 regulations issued pursuant thereto. Each system of charges 181.30 shall be adopted as soon as possible and shall be submitted to 181.31 thecouncilcommission. Thecouncilcommission shall review 181.32 each system of charges to determine whether it complies with the 181.33 federal law and regulations. If it determines that a system of 181.34 charges does not comply, the adopting unit shall be notified and 181.35 shall change its system to comply, and shall submit the changes 181.36 to thecouncilcommission for review. All subsequent changes in 182.1 a system of charges proposed by a local government unit shall 182.2 also be submitted to thecouncilcommission for review. 182.3 Sec. 54. Minnesota Statutes 1996, section 473.521, is 182.4 amended to read: 182.5 473.521 [PAYMENTS TOCOUNCILCOMMISSION.] 182.6 Subdivision 1. [AMOUNTS DUECOUNCILCOMMISSION, WHEN 182.7 PAYABLE.] Charges payable to thecouncilcommission by local 182.8 government units may be made payable at such times during each 182.9 year as thecouncilcommission determines, but such dates shall 182.10 be fixed with reference to the dates on which tax, assessment, 182.11 and revenue collections become available to the government units 182.12 required to pay such charges. 182.13 Subd. 2. [COMPONENT MUNICIPALITIES, OBLIGATIONS TOCOUNCIL182.14 COMMISSION.] Each government unit shall pay to thecouncil182.15 commission all sums charged to it as provided in section 182.16 473.517, at the times and in the manner determined by 182.17 thecouncilcommission. The governing body of each such 182.18 government unit shall take all action that may be necessary to 182.19 provide the funds required for such payments and to make the 182.20 same when due. 182.21 Subd. 3. [POWERS OF GOVERNMENT UNITS.] To accomplish any 182.22 duty imposed on it by thecouncilcommission, the governing body 182.23 of every government unit in the metropolitan area may exercise 182.24 the powers granted any municipality by chapters 117, 412, 429, 182.25 475, sections 115.46, 444.075 and 471.59. 182.26 Subd. 4. [DEFICIENCY TAX LEVIES.] If the governing body of 182.27 any local government unit fails to meet any payment to 182.28 thecouncilcommission hereunder when due, themetropolitan182.29councilcommission may certify to the auditor of the county in 182.30 which the government unit is located the amount required for 182.31 payment of such amount with interest at six percent per annum. 182.32 The auditor shall levy and extend such amount as a tax upon all 182.33 taxable property in the government unit for the next calendar 182.34 year, free from any existing limitations imposed by law or 182.35 charter. Such tax shall be collected in the same manner as the 182.36 general taxes of the government unit, and the proceeds thereof, 183.1 when collected, shall be paid by the county treasurer to the 183.2 treasurer of thecouncilcommission and credited to the 183.3 government unit for which the tax was levied. 183.4 Sec. 55. Minnesota Statutes 1996, section 473.523, is 183.5 amended to read: 183.6 473.523 [CONTRACTS FOR CONSTRUCTION MATERIALS, SUPPLIES, 183.7 AND EQUIPMENT.] 183.8 Subdivision 1. All contracts for construction work, or for 183.9 the purchase of materials, supplies, or equipment relating to 183.10 the metropolitan disposal system shall be made as provided in 183.11 section 471.345, subdivisions 3 to 6. Contracts subject to 183.12 section 471.345, subdivision 3, shall be made by thecouncil183.13 commission by publishing once in a legal newspaper or trade 183.14 paper published in a city of the first class not less than two 183.15 weeks before the last day for submission of bids, notice that 183.16 bids or proposals will be received. Such notice shall state the 183.17 nature of the work or purchase and the terms and conditions upon 183.18 which the contract is to be awarded, and a time and place where 183.19 such bids will be received, opened, and read publicly. After 183.20 such bids have been duly received, opened, read publicly, and 183.21 recorded, thecouncilcommission shall award such contract to 183.22 the lowest responsible bidder or it may reject all bids and 183.23 readvertise. Each contract shall be duly executed in writing 183.24 and the party to whom the contract is awarded shall give 183.25 sufficient bond or security to the board for the faithful 183.26 performance of the contract as required by law. Thecouncil183.27 commission shall have the right to set qualifications and 183.28 specifications and to require bids to meet all such 183.29 qualifications and specifications before being accepted. If the 183.30councilcommission by an affirmative vote of two-thirds of its 183.31 members declares that an emergency exists requiring the 183.32 immediate purchase of materials or supplies at a cost in excess 183.33 of the amount specified in section 471.345, subdivision 3, or in 183.34 making emergency repairs, it shall not be necessary to advertise 183.35 for bids. 183.36 Subd. 2. Themanager of wastewater services maychief 184.1 administrator, without prior approval of thecouncilcommission 184.2 and without advertising for bids, enter into any contract of the 184.3 type referred to in subdivision 1 which is not in excess of the 184.4 amount specified in section 471.345, subdivision 3. 184.5 Sec. 56. Minnesota Statutes 1996, section 473.535, is 184.6 amended to read: 184.7 473.535 [CAPITAL IMPROVEMENT PROGRAM; BUDGET.] 184.8 Thecouncilcommission shall prepare and adopt a capital 184.9 improvement program and a budget for the acquisition or 184.10 betterment of any interceptors or treatment works determined by 184.11 thecouncilcommission to be necessary or desirable for the 184.12 metropolitan disposal system. When thecouncilcommission 184.13 issues debt under section 473.541, it must be for the projects 184.14 identified in the adopted capital improvement program and budget. 184.15 Sec. 57. Minnesota Statutes 1996, section 473.541, is 184.16 amended to read: 184.17 473.541 [DEBT OBLIGATIONS.] 184.18 Subdivision 1. [CERTIFICATES OF INDEBTEDNESS.] At any time 184.19 or times after approval of an annual budget, and in anticipation 184.20 of the collection of tax and other revenues appropriated in the 184.21 budget, thecouncilcommission may by resolution authorize the 184.22 issuance, negotiation, and sale, in such form and manner and 184.23 upon such terms as it may determine, of general obligation 184.24 certificates of indebtedness in aggregate principal amounts not 184.25 exceeding 50 percent of the total amount of such appropriations, 184.26 and maturing not later than April 1 following the close of the 184.27 budget year. All receipts of tax and other revenues included in 184.28 the budget, after the expenditure of appropriated funds, shall 184.29 be irrevocably appropriated to a special fund to pay the 184.30 principal of and the interest on the certificates when due. If 184.31 for some reason the anticipated revenues are insufficient to pay 184.32 the certificates and interest thereon when due, thecouncil184.33 commission shall levy a tax in the amount of the deficiency on 184.34 all taxable property in the metropolitan area, and shall 184.35 appropriate this amount to the special fund, to be credited 184.36 thereto from the first tax and other revenues received in the 185.1 following budget year. 185.2 Subd. 2. [EMERGENCY CERTIFICATES OF INDEBTEDNESS.] If in 185.3 any budget year the receipts of tax and other revenues should 185.4 from some unforeseen cause become insufficient to pay the 185.5council'scommissioner's current wastewater control expenses, or 185.6 if any calamity or other public emergency should subject it to 185.7 the necessity of making extraordinary wastewater control 185.8 expenditures, thecouncilcommission may make an emergency 185.9 appropriation of an amount sufficient to meet the deficiency and 185.10 may authorize the issuance, negotiation, and sale of 185.11 certificates of indebtedness in this amount in the same manner 185.12 and upon the same conditions as provided in subdivision 1, 185.13 except that thecouncilcommission shall forthwith levy on all 185.14 taxable property in the metropolitan area a tax sufficient to 185.15 pay the certificates and interest thereon, and shall appropriate 185.16 all collections of such tax to a special fund created for that 185.17 purpose. The certificates may mature not later than April in 185.18 the year following the year in which the tax is collectible. 185.19 Subd. 3. [GENERAL OBLIGATION BONDS.] Thecouncil185.20 commission may by resolution authorize the issuance of general 185.21 obligation bonds for the acquisition or betterment of any 185.22 interceptors or treatment works determined to be necessary or 185.23 desirable for the metropolitan disposal system, or for the 185.24 refunding of outstanding bonds, certificates of indebtedness, or 185.25 judgments. Thecouncilcommission shall provide for the 185.26 issuance and sale and for the security of such bonds in the 185.27 manner provided in chapter 475, and shall have the same powers 185.28 and duties as a municipality issuing bonds under that law, 185.29 except that no election shall be required and the net debt 185.30 limitations in chapter 475 shall not apply to such bonds. 185.31 Thecouncilcommission may also pledge for the payment of such 185.32 bonds any revenues receivable under section 473.517. 185.33 Subd. 4. [REVENUE BONDS.] (a) Thecouncilcommission may, 185.34 by resolution, authorize the issuance of revenue bonds for any 185.35 purpose for which general obligation bonds may be issued under 185.36 subdivision 3. The bonds shall be sold, issued, and secured in 186.1 the manner provided in chapter 475 for bonds payable solely from 186.2 revenues, except as otherwise provided in this subdivision, and 186.3 thecouncilcommission shall have the same powers and duties as 186.4 a municipality and its governing body in issuing bonds under 186.5 that chapter. The bonds shall be payable from and secured by a 186.6 pledge of all or any part of revenues receivable under section 186.7 473.517, shall not, and shall state they do not, represent or 186.8 constitute a general obligation or debt of thecouncil186.9 commission, and shall not be included in the net debt of any 186.10 city, county, or other subdivision of the state for the purpose 186.11 of any net debt limitation. The proceeds of the bonds may be 186.12 used to pay credit enhancement fees. 186.13 (b) The bonds may be secured by a bond resolution, or a 186.14 trust indenture entered into by thecouncilcommission with a 186.15 corporate trustee within or outside the state, which shall 186.16 define the revenues and bond proceeds pledged for the payment 186.17 and security of the bonds. The pledge shall be a valid charge 186.18 on the revenues received under section 473.517. No mortgage of 186.19 or security interest in any tangible real or personal property 186.20 shall be granted to the bondholders or the trustee, but they 186.21 shall have a valid security interest in the revenues and bond 186.22 proceeds received by thecouncilcommission and pledged to the 186.23 payment of the bonds as against the claims of all persons in 186.24 tort, contract, or otherwise, irrespective of whether such 186.25 parties have notice thereof and without possession or filing as 186.26 provided in the Uniform Commercial Code or any other law, 186.27 subject, however, to the rights of the holders of any general 186.28 obligation bonds issued under subdivision 3. In the bond 186.29 resolution or trust indenture, thecouncilcommission may make 186.30 such covenants as it determines to be reasonable for the 186.31 protection of the bondholders, including a covenant to issue 186.32 general obligation bonds to refund the revenue bonds if and to 186.33 the extent required to pay principal and interest on the bonds 186.34 and to certify a deficiency tax levy as provided in section 186.35 473.521, subdivision 4. 186.36 (c) Neither thecouncilcommission, nor anycouncil187.1 commission member, officer, employee, or agent of thecouncil187.2 commission, nor any person executing the bonds shall be liable 187.3 personally on the bonds by reason of their issuance. The bonds 187.4 shall not be payable from nor a charge upon any funds other than 187.5 the revenues and bond proceeds pledged to the payment thereof, 187.6 nor shall thecouncilcommission be subject to any liability 187.7 thereon or have the power to obligate itself to pay or to pay 187.8 the bonds from funds other than the revenues and bond proceeds 187.9 pledged, and no holder or holders of bonds shall ever have the 187.10 right to compel any exercise of the taxing power of the 187.11councilcommission (except any deficiency tax levy thecouncil187.12 commission covenants to certify under section 473.521, 187.13 subdivision 4) or any other public body, to the payment of 187.14 principal of or interest on the bonds, nor to enforce payment 187.15 thereof against any property of the council or other public body 187.16 other than that expressly pledged for the payment thereof. 187.17 Sec. 58. Minnesota Statutes 1996, section 473.542, is 187.18 amended to read: 187.19 473.542 [DEPOSITORIES.] 187.20 Thecouncilcommission shall from time to time designate 187.21 one or more national or state banks, or trust companies 187.22 authorized to do a banking business, as official depositories 187.23 for moneys of thecouncilcommission, and thereupon shall 187.24 require the treasurer to deposit all or a part of such moneys in 187.25 such institutions. Such designation shall be in writing and 187.26 shall set forth all the terms and conditions upon which the 187.27 deposits are made, and shall be signed by the chair and 187.28 treasurer, and made a part of the minutes of thecouncil187.29 commission. Any bank or trust company so designated shall 187.30 qualify as a depository by furnishing a corporate surety bond or 187.31 collateral in the amounts required by section 118A.03. However, 187.32 no bond or collateral shall be required to secure any deposit 187.33 insofar as it is insured under federal law. 187.34 Sec. 59. Minnesota Statutes 1996, section 473.543, is 187.35 amended to read: 187.36 473.543 [MONEYS, ACCOUNTS AND INVESTMENTS.] 188.1 Subdivision 1. [DISPOSED OF AS BUDGETED; PLEDGES.] All 188.2 moneys from wastewater control operations received by the 188.3councilcommission shall be deposited or invested by the 188.4 treasurer and disposed of as thecouncilcommission may direct 188.5 in accordance with its waste control budget; provided that any 188.6 moneys that have been pledged or dedicated by themetropolitan188.7councilcommission to the payment of obligations or interest 188.8 thereon or expenses incident thereto, or for any other specific 188.9 purpose authorized by law, shall be paid by the treasurer into 188.10 the fund to which they have been pledged. 188.11 Subd. 2. [ACCOUNTS.] Thecouncil'scommission's treasurer 188.12 shall establish such funds and accounts as may be necessary or 188.13 convenient to handle the receipts and disbursements of the 188.14councilcommission in an orderly fashion. 188.15 Subd. 3. [WHERE TO DEPOSIT; HOW TO INVEST.] The moneys on 188.16 hand in said funds and accounts may be deposited in the official 188.17 depositories of thecouncilcommission or invested as 188.18 hereinafter provided. The amount thereof not currently needed 188.19 or required by law to be kept in cash on deposit may be invested 188.20 in obligations authorized for the investment of public funds by 188.21 section 118A.04. Such moneys may also be held under 188.22 certificates of deposit issued by any official depository of the 188.23councilcommission. 188.24 Subd. 4. [BOND PROCEEDS.] The use of proceeds of all bonds 188.25 issued by thecouncilcommission for the acquisition and 188.26 betterment of interceptors or treatment works, and the use, 188.27 other than investment, of all moneys on hand in any sinking fund 188.28 or funds of thecouncilcommission, shall be governed by the 188.29 provisions of chapter 475, and the provisions of resolutions 188.30 authorizing the issuance of such bonds. 188.31 Sec. 60. Minnesota Statutes 1996, section 473.545, is 188.32 amended to read: 188.33 473.545 [PROPERTY EXEMPT FROM TAXATION.] 188.34 Any properties, real or personal, owned, leased, 188.35 controlled, used, or occupied by thecouncilcommission for any 188.36 purpose referred to in Minnesota Statutes 1984, section 473.502, 189.1 are declared to be acquired, owned, leased, controlled, used and 189.2 occupied for public, governmental, and municipal purposes, and 189.3 shall be exempt from taxation by the state or any political 189.4 subdivision of the state, provided that such properties shall be 189.5 subject to special assessments levied by a political subdivision 189.6 for a local improvement in amounts proportionate to and not 189.7 exceeding the special benefit received by the properties from 189.8 such improvement. No possible use of any such properties in any 189.9 manner different from their use as part of the metropolitan 189.10 disposal system at the time shall be considered in determining 189.11 the special benefit received by such properties. All such 189.12 assessments shall be subject to final confirmation by the 189.13metropolitan councilcommission, whose determination of the 189.14 benefits shall be conclusive upon the political subdivision 189.15 levying the assessment. 189.16 Sec. 61. Minnesota Statutes 1996, section 473.547, is 189.17 amended to read: 189.18 473.547 [TAX LEVIES.] 189.19 Thecouncilcommission shall have power to levy taxes for 189.20 debt service of the metropolitan disposal system upon all 189.21 taxable property within the metropolitan area, without 189.22 limitation of rate or amount and without affecting the amount or 189.23 rate of taxes which may be levied bythe council for other189.24purposes or byany local government unit in the area. 189.25 Thecouncilcommission shall also have power to levy taxes as 189.26 provided in section 473.521. Each of the county auditors shall 189.27 annually assess and extend upon the tax rolls in the auditor's 189.28 county the portion of the taxes levied by thecouncilcommission 189.29 in each year which is certified to the auditor by thecouncil189.30 commission. Each county treasurer shall collect and make 189.31 settlement of such taxes with thecouncilcommission in the same 189.32 manner as with other political subdivisions. 189.33 Sec. 62. Minnesota Statutes 1996, section 473.549, is 189.34 amended to read: 189.35 473.549 [RELATION TO EXISTING LAWS.] 189.36 The provisions of sections 473.501 to 473.549 shall be 190.1 given full effect notwithstanding the provisions of any law not 190.2 consistent therewith. The powers conferred on the 190.3councilcommission under sections 473.501 to 473.545 shall in no 190.4 way diminish or supersede the powers conferred on the pollution 190.5 control agency by sections 103F.701 to 103F.761 and chapters 115 190.6 and 116. 190.7 Sec. 63. [TRANSITION.] 190.8 Except as otherwise provided in Minnesota Statutes, section 190.9 473.254, subdivision 5, the powers, duties, assets, and 190.10 liabilities of the abolished metropolitan council relating to 190.11 the metropolitan disposal system are transferred to the 190.12 metropolitan waste control commission established in this 190.13 article. Minnesota Statutes, section 15.039 applies to the 190.14 transfer to the extent practicable. 190.15 Sec. 64. [EFFECTIVE DATE.] 190.16 This article is effective July 1, 1998. 190.17 ARTICLE 5 190.18 METROPOLITAN SPORTS FACILITIES COMMISSION 190.19 Section 1. Minnesota Statutes 1996, section 3.9741, 190.20 subdivision 1, is amended to read: 190.21 Subdivision 1. [METROPOLITAN COMMISSION.] Upon the audit 190.22 of the financial accounts and affairs of a commission under 190.23 section473.595,473.604,or 473.703, the affected metropolitan 190.24 commission is liable to the state for the total cost and 190.25 expenses of the audit, including the salaries paid to the 190.26 examiners while actually engaged in making the examination. The 190.27 legislative auditor may bill the metropolitan commission either 190.28 monthly or at the completion of the audit. All collections 190.29 received for the audits must be deposited in the general fund. 190.30 Sec. 2. Minnesota Statutes 1996, section 13.55, 190.31 subdivision 1, is amended to read: 190.32 Subdivision 1. [NOT PUBLIC CLASSIFICATION.] The following 190.33 data received, created, or maintained by or for publicly owned 190.34 and operated convention or professional sports facilities, or 190.35 civic center authorities, or the metropolitan sports facilities190.36commissionare classified as nonpublic data pursuant to section 191.1 13.02, subdivision 9; or private data on individuals pursuant to 191.2 section 13.02, subdivision 12: 191.3 (a) a letter or other documentation from any person who 191.4 makes inquiry to or who is contacted by the facility regarding 191.5 the availability of the facility for staging events; 191.6 (b) identity of firms and corporations which contact the 191.7 facility; 191.8 (c) type of event which they wish to stage in the facility; 191.9 (d) suggested terms of rentals; and 191.10 (e) responses of authority staff to these inquiries. 191.11 Sec. 3. Minnesota Statutes 1996, section 240A.08, is 191.12 amended to read: 191.13 240A.08 [APPROPRIATION.] 191.14 (a) $750,000 is appropriated annually from the general fund 191.15 to the Minnesota amateur sports commission for the purpose of 191.16 entering into long-term leases, use, or other agreementswith191.17the metropolitan sports facilities commissionfor the conduct of 191.18 amateur sports activities at the basketball and hockey arena, 191.19 consistent with the purposes set forth in this chapter, 191.20 including (1) stimulating and promoting amateur sports, (2) 191.21 promoting physical fitness by promoting participation in sports, 191.22 (3) promoting the development of recreational amateur sport 191.23 opportunities and activities, and (4) promoting local, regional, 191.24 national, and international amateur sport competitions and 191.25 events. The amateur sports commission shall determine what 191.26 constitutes amateur sports activities as provided in this 191.27 chapter as of March 1, 1995. Themetropolitan sports facilities191.28commissionagreement may allocate at least 25 but no more than 191.29 50 dates a year for the conduct of amateur sports activities at 191.30 the basketball and hockey arena by the amateur sports commission. 191.31 At least 12 of the dates must be on a Friday, Saturday, or 191.32 Sunday. The amateur sports commission may sell a date at the 191.33 arena to another group for any purpose. Revenue from sale of 191.34 these dates is appropriated to the amateur sports commission for 191.35 purposes listed in section 240A.04. If any amateur sports 191.36 activities conducted by the amateur sports commission at the 192.1 basketball and hockey arena are restricted to participants of 192.2 one gender, an equal number of activities on comparable days of 192.3 the week must be conducted for participants of the other gender, 192.4 but not necessarily in the same year. The legislature reserves 192.5 the right to repeal or amend this appropriation, and does not 192.6 intend this appropriation to create public debt. 192.7 (b) The amateur sports commission shall not transmit to the 192.8 operator of the basketball and hockey arena payment of any 192.9 event-related costs or expenses, including, but not limited to, 192.10 personnel, labor, services, equipment, utilities, or supplies 192.11 attributable to the events unless and until the operator has 192.12 demonstrated, to the satisfaction of the amateur sports 192.13 commission, the basis for each specific cost or expense and the 192.14 means by which the costs and expenses were determined. 192.15 (c) The amateur sports commission may use any ticket system 192.16 as may be in place from time to time at the basketball and 192.17 hockey arena, provided that any royalty or rebate fees or 192.18 charges or surcharges on tickets received by the operator of the 192.19 arena from third parties must be credited against event-related 192.20 costs or expenses. 192.21 (d) In the establishment of event-related costs to be 192.22 imposed upon the amateur sports commission, the operator of the 192.23 basketball and hockey arena shall provide the amateur sports 192.24 commission with the maximum discount that the operator has 192.25 supplied to any other sponsor of a similar amateur sports event 192.26 in the arena within the 180-day period immediately preceding the 192.27 date of the amateur sports commission event. 192.28 (e) The amateur sports commission must report by August 1 192.29 each year to the chairs of the house and senate state government 192.30 finance divisions on compliance with this section and on the 192.31 total value of dates and ancillary services, and revenue derived 192.32 from resale of dates, during the previous state fiscal year. 192.33 (f) The attorney general, on behalf of the amateur sports 192.34 commission, must pursue collection of monetary damages from the 192.35 operator of the arena if the operator fails to comply with the 192.36 requirements of this section. 193.1 (g) The books, records, documents, accounting procedures, 193.2 and practices of themetropolitan sports facilities commission,193.3theMinneapolis community development agency, and any 193.4 corporation with which the Minnesota amateur sports commission 193.5 may contract for use of the basketball and hockey arena are 193.6 available for review by the Minnesota amateur sports commission, 193.7 the legislative auditor, and the chairs of the state government 193.8 finance divisions of the senate and the house of 193.9 representatives, subject to chapter 13 and section 473.598, 193.10 subdivision 4. 193.11 Sec. 4. Minnesota Statutes 1996, section 340A.404, 193.12 subdivision 1, is amended to read: 193.13 Subdivision 1. [CITIES.] A city may issue an on-sale 193.14 intoxicating liquor license to the following establishments 193.15 located within its jurisdiction: 193.16 (1) hotels; 193.17 (2) restaurants; 193.18 (3) bowling centers; 193.19 (4) clubs or congressionally chartered veterans 193.20 organizations with the approval of the commissioner, provided 193.21 that the organization has been in existence for at least three 193.22 years and liquor sales will only be to members and bona fide 193.23 guests; 193.24 (5) sports facilities located on land owned by 193.25 the successor to the metropolitan sports commission; and 193.26 (6) exclusive liquor stores. 193.27 Sec. 5. Minnesota Statutes 1996, section 340A.504, 193.28 subdivision 1, is amended to read: 193.29 Subdivision 1. [3.2 PERCENT MALT LIQUOR.] No sale of 3.2 193.30 percent malt liquor may be made between 1:00 a.m. and 8:00 a.m. 193.31 on the days of Monday through Saturday, nor between 1:00 a.m. 193.32 and 12:00 noon on Sunday, provided that an establishment located 193.33 on land owned by the successor to the metropolitan sports 193.34 commission and used for sports, or the sports arena for which 193.35 one or more licenses have been issued under section 340A.404, 193.36 subdivision 2, paragraph (c), may sell 3.2 percent malt liquor 194.1 between 10:00 a.m. and 12:00 noon on a Sunday on which a sports 194.2 or other event is scheduled to begin at that location on or 194.3 before 1:00 p.m. of that day. 194.4 Sec. 6. Minnesota Statutes 1996, section 473.121, 194.5 subdivision 5a, is amended to read: 194.6 Subd. 5a. [METROPOLITAN AGENCY.] "Metropolitan agency" 194.7 means the metropolitan parks and open space commission,and the 194.8 metropolitan airports commission, and metropolitan sports194.9facilities commission. 194.10 Sec. 7. Minnesota Statutes 1996, section 473.551, 194.11 subdivision 4, is amended to read: 194.12 Subd. 4. [METRODOME DEBT SERVICE.] "Metrodome debt 194.13 service" means the principal and interest due each year on all 194.14 bonds or revenue anticipation certificates issued by 194.15 the metropolitan council under section 473.581 before the 194.16 effective date of this article. 194.17 Sec. 8. Minnesota Statutes 1996, section 473.551, 194.18 subdivision 5, is amended to read: 194.19 Subd. 5. [METROPOLITAN SPORTS AREA.] "Metropolitan sports 194.20 area" means the real estate in the city of Bloomington described 194.21 in the ownership and operations agreement, and all buildings, 194.22 structures, improvements and equipment thereon including the met 194.23 center, owned by the cities on May 17, 1977, the date of 194.24 enactment of sections 473.551 to 473.595, andsincelater 194.25 transferred to the metropolitan sports facilities commission 194.26 pursuant to sections 473.551 to 473.595. 194.27 Sec. 9. Minnesota Statutes 1996, section 473.551, 194.28 subdivision 8, is amended to read: 194.29 Subd. 8. [SPORTS FACILITY OR SPORTS FACILITIES.] "Sports 194.30 facility" or "sports facilities" means real or personal property 194.31 comprising a stadium, stadiums, or arenas suitable for 194.32 university or major league professional baseball, for university 194.33 or major league professional football and soccer, or for both, 194.34 or for university or major league hockey or basketball, or for 194.35 both, together with adjacent parking facilities, including on 194.36 the effective date of Laws 1994, chapter 648, the metrodome,and 195.1 the met center, and, upon acquisition by the commission, the195.2basketball and hockey arena. 195.3 Sec. 10. Minnesota Statutes 1996, section 473.551, 195.4 subdivision 9, is amended to read: 195.5 Subd. 9. [METRODOME.] "Metrodome" means the Hubert H. 195.6 Humphrey Metrodome located in the city of Minneapolis 195.7constructed and owned by the commission and financed by the195.8bonds of the council issued pursuant to sections 473.551 to195.9473.595, including all real estate, buildings, improvements, and 195.10 equipment in and on them. 195.11 Sec. 11. Minnesota Statutes 1996, section 473.551, 195.12 subdivision 12, is amended to read: 195.13 Subd. 12. [MET CENTER.] "Met center" means the real estate 195.14 in the city of Bloomingtonpresently owned by the commission, 195.15 formerly utilized for major league hockey, and all buildings, 195.16 improvements, and equipment in and on it. 195.17 Sec. 12. Minnesota Statutes 1996, section 473.556, 195.18 subdivision 4, is amended to read: 195.19 Subd. 4. [EXEMPTION OF PROPERTY.] Any real or personal 195.20 property acquired, owned, leased, controlled, used, or occupied 195.21 by the successor to the commission for any of the purposes of 195.22 sections 473.551 to 473.599 is declared to be acquired, owned, 195.23 leased, controlled, used and occupied for public, governmental, 195.24 and municipal purposes, and shall be exempt from ad valorem 195.25 taxation by the state or any political subdivision of the state, 195.26 provided that such properties shall be subject to special 195.27 assessments levied by a political subdivision for a local 195.28 improvement in amounts proportionate to and not exceeding the 195.29 special benefit received by the properties from the 195.30 improvement. No possible use of any such properties in any 195.31 manner different from their use under sections 473.551 to 195.32 473.599 at the time shall be considered in determining the 195.33 special benefit received by the properties.All assessments195.34shall be subject to final confirmation by the council, whose195.35determination of the benefits shall be conclusive upon the195.36political subdivision levying the assessment.Notwithstanding 196.1 the provisions of section 272.01, subdivision 2, or 273.19, real 196.2 or personal property leased by the successor to the commission 196.3 to another person for uses related to the purposes of sections 196.4 473.551 to 473.599, including the operation of the metrodome,196.5met center, and, if acquired by the commission, the basketball196.6and hockey arenashall be exempt from taxation regardless of the 196.7 length of the lease. The provisions of this subdivision, 196.8 insofar as they require exemption or special treatment, shall 196.9 not apply to any real property comprising the met center which 196.10 is leased by the successor to the commission for residential, 196.11 business, or commercial development or other purposes different 196.12 from those contemplated in sections 473.551 to 473.599. 196.13 Sec. 13. Minnesota Statutes 1996, section 473.556, 196.14 subdivision 5, is amended to read: 196.15 Subd. 5. [FACILITY OPERATION.] The successor to the 196.16 commission may equip, improve, operate, manage, maintain, and 196.17 control the metrodome, met center, basketball and hockey arena196.18 and sports facilities constructed, remodeled, or acquired under 196.19 the provisions of sections 473.551 to 473.599. 196.20 Sec. 14. Minnesota Statutes 1996, section 473.556, 196.21 subdivision 6, is amended to read: 196.22 Subd. 6. [DISPOSITION OF PROPERTY.] (a) The successor to 196.23 the commission may sell, lease, or otherwise dispose of any real 196.24 or personal property acquired by it, or to which it succeeded 196.25 pursuant to this article which is no longer required for 196.26 accomplishment of its purposes. The property shall be sold in 196.27 accordance with the procedures provided by section 469.065, 196.28 insofar as practical and consistent with sections 473.551 to 196.29 473.599. 196.30 (b) The proceeds from the sale of any real property at the 196.31 metropolitan sports area shall be paid to thecouncilsuccessor 196.32 to the commission and used for debt service or retirement. 196.33 Sec. 15. Minnesota Statutes 1996, section 473.556, 196.34 subdivision 11, is amended to read: 196.35 Subd. 11. [AGREEMENTS WITH UNIVERSITY.] The successor to 196.36 the commission and the board of regents of the University of 197.1 Minnesota may enter into agreements and do all other acts 197.2 necessary to further the functions prescribed in sections 197.3 473.551 to 473.599. 197.4 Sec. 16. Minnesota Statutes 1996, section 473.556, 197.5 subdivision 12, is amended to read: 197.6 Subd. 12. [USE AGREEMENTS.] The successor to the 197.7 commission may lease, license, or enter into agreements and may 197.8 fix, alter, charge, and collect rentals, fees, and charges to 197.9 all persons for the use, occupation, and availability of part or 197.10 all of any premises, property, or facilities under its 197.11 ownership, operation, or control for purposes that will provide 197.12 athletic, educational, cultural, commercial or other 197.13 entertainment, instruction, or activity for the citizens of the 197.14 metropolitan area. Any such use agreement may provide that the 197.15 other contracting party shall have exclusive use of the premises 197.16 at the times agreed upon. 197.17 Sec. 17. Minnesota Statutes 1996, section 473.556, 197.18 subdivision 14, is amended to read: 197.19 Subd. 14. [SMALL BUSINESS CONTRACTS.] In exercising its 197.20 powers to contract for the purchase of services, materials, 197.21 supplies, and equipment, pursuant to subdivisions 5, 7, 8, and 197.22 10, the successor to the commission shall designate and set 197.23 aside each fiscal year for awarding to small businesses 197.24 approximately ten percent of the value of anticipated contracts 197.25 and subcontracts of that kind for that year, in the manner 197.26 required of the commissioner of administration for state 197.27 procurement contracts pursuant to sections 16B.19 to 16B.22. 197.28 The successor to the commission shall follow the rules 197.29 promulgated by the commissioner of administration pursuant to 197.30 section 16B.22, and shall submit reports of the kinds required 197.31 of the commissioners of administration and economic development 197.32 by section 16B.21. 197.33 Sec. 18. Minnesota Statutes 1996, section 473.556, 197.34 subdivision 17, is amended to read: 197.35 Subd. 17. [CREATING A CONDOMINIUM.] The successor to the 197.36 commission may, by itself or together with the Minneapolis 198.1 community development agency and any other person, as to real or 198.2 personal property comprising or appurtenant or ancillary to the 198.3 basketball and hockey arena and the health club, act as a 198.4 declarant and establish a condominium or leasehold condominium 198.5 under chapter 515A or a common interest community or leasehold 198.6 common interest community under chapter 515B, and may grant, 198.7 establish, create, or join in other or related easements, 198.8 agreements and similar benefits and burdens that the successor 198.9 to the commission may deem necessary or appropriate, and 198.10 exercise any and all rights and privileges and assume 198.11 obligations under them as a declarant, unit owner or otherwise, 198.12 insofar as practical and consistent with sections 473.551 to 198.13 473.599. The successor to the commission may be a member of an 198.14 associationand the chair, any commissionersand any officers 198.15 and employees of the successor to the commission may serve on 198.16 the board of an association under chapter 515A or 515B. 198.17 Sec. 19. Minnesota Statutes 1996, section 473.561, is 198.18 amended to read: 198.19 473.561 [EXEMPTION FROM COUNCIL REVIEW.] 198.20 The acquisition and betterment of sports facilities by the 198.21 successor to the commission shall be conducted pursuant to 198.22 sections 473.551 to 473.599 and shall not be affected by the 198.23 provisions of sections 473.165 and 473.173. 198.24 Sec. 20. Minnesota Statutes 1996, section 473.564, 198.25 subdivision 2, is amended to read: 198.26 Subd. 2. [ASSUMPTION OF OBLIGATIONS.] Nothing herein shall 198.27 be construed as imposing upon the successor to either the 198.28 metropolitan council or the commission an obligation to 198.29 compensate the cities or the metropolitan sports area commission 198.30 for all or any part of the metropolitan sports area or to 198.31 continue to operate and maintain the metropolitan sports area 198.32 facilities taken over by the commission. 198.33 Sec. 21. Minnesota Statutes 1996, section 473.572, 198.34 subdivision 2, is amended to read: 198.35 Subd. 2. It is the intent of the legislature that the 198.36 commission shall, to the maximum extent possibleconsistent with199.1the provisions of section 473.581, subdivision 3, impose rates, 199.2 rentals, and other charges in the operation of the metrodome 199.3 which will make the metrodome self supporting so that the taxes 199.4 imposed under section 473.592 for the metrodome will be at the 199.5 lowest possible rate consistent with the obligations of the city 199.6 of Minneapolis as provided in sections 473.551 to 473.595. 199.7 Sec. 22. Minnesota Statutes 1996, section 473.592, is 199.8 amended to read: 199.9 473.592 [TAX REVENUES.] 199.10 Subdivision 1. [LOCAL SALES TAX.] The city of 199.11 Minneapolismaymust enter into agreements with the metropolitan 199.12council andcounty auditors, and with the successor to the 199.13 commission if the city of Minneapolis is not the successor, 199.14 which requires the municipality to impose a sales tax, 199.15 supplemental to the general sales tax imposed in chapter 297A, 199.16 for the purposes and in accordance withthe requirements199.17specified in sections 473.551 to 473.599law. The tax may be 199.18 imposed: 199.19 (a) on the gross receipts from all retail on-sales of 199.20 intoxicating liquor and fermented malt beverages when sold at 199.21 licensed on-sale liquor establishments and municipal liquor 199.22 stores located within the municipality, 199.23 (b) notwithstanding any limitations of Laws 1986, chapter 199.24 396, section 5, clause (2), on the gross receipts from the 199.25 furnishing for consideration of lodging for a period of less 199.26 than 30 days at a hotel, motel, rooming house, tourist court, or 199.27 trailer camp located within the municipality, 199.28 (c) on the gross receipts on all sales of food primarily 199.29 for consumption on or off the premises by restaurants and places 199.30 of refreshment as defined by resolution of the city, or 199.31 (d) on any one or combination of the foregoing. 199.32 A tax under this subdivision shall be imposed only within a 199.33 downtown taxing area to be determined by thecouncilauditors. 199.34 The agreement or agreementsbetween the city, the metropolitan199.35council, and the commissionshall require the municipality to 199.36 impose the tax or taxes at whatever rate or rates may be 200.1 necessary to produce revenues which are determined by the 200.2councilauditors from year to year to be required, together with 200.3 the revenues available to the successor to the commission, to 200.4 pay when due all debt service on bonds and revenue anticipation 200.5 certificates issued under section 473.581,all debt service on200.6bonds and revenue anticipation certificates issued under section200.7473.599,and all expenses of operation, administration, and 200.8 maintenance of the metrodomeand the basketball and hockey200.9arena. When it is determined that a tax must be imposed under200.10this subdivision after the effective date of Laws 1994, chapter200.11648, there shall be added to the rate of the tax imposed for the200.12purposes described in the previous sentence a tax at a rate of200.130.25 percent for use by the city to fund recreational facilities200.14and programs in the city's neighborhoods for children and youth200.15through the Minneapolis park and recreation board. The 200.16 agreements shall provide for the suspension, reimposition, 200.17 reduction, or increase in tax collections upon determination by 200.18 the metropolitancouncilcounty auditors that such actions are 200.19 appropriate or necessary for the purposes for which the tax is 200.20 imposed, provided that the balance in each of the metrodome debt 200.21 serviceand the basketball and hockey arena debt servicefund or 200.22 funds, including any reserve for debt service, shall be 200.23 maintained at least at an amount sufficient to pay the principal 200.24 and interest on bonds which will become due within the next 200.25 succeeding one year period and, except as otherwise provided by 200.26 agreement, shall not be maintained at an amount greater than 200.27 that required to pay principal and interest on bonds which will 200.28 become due within the next succeeding two-year period.Once the200.29tax is imposed by the city, the tax imposed for the benefit of200.30the Minneapolis park and recreation board shall remain in effect200.31at the rate of 0.25 percent until the bonds issued under section200.32473.599 have been retired.The agreementsshall be executed by200.33the city, after approval by resolution of the city council and200.34before the issuance of the bonds under section 473.581 and200.35commencement of construction of the metrodome or the issuance of200.36bonds under section 473.599 and acquisition of the basketball201.1and hockey arena andshall constitute a contract or contracts 201.2 with and for the security of all holders of the bonds and 201.3 revenue anticipation certificates secured by the tax. The 201.4 metrodome shall not be constructed or remodeled in a 201.5 municipality which has not entered into an agreement for the 201.6 metrodome in accordance with this section.A basketball and201.7hockey arena shall not be acquired in the city of Minneapolis201.8unless the city has entered into an agreement in accordance with201.9this section as security for bonds issued pursuant to section201.10473.599 and expenses of operation, administration, and201.11maintenance of the basketball and hockey arena.The tax shall 201.12 be reported and paid to the commissioner of revenue with and as 201.13 part of the state sales and use taxes, and shall be subject to 201.14 the same penalties, interest, and enforcement provisions. The 201.15 collections of the tax, less refunds and a proportionate share 201.16 of the costs of collection, shall be remitted at least quarterly 201.17 to the metropolitancouncil and the city of Minneapolis for use201.18by the Minneapolis park and recreation boardcounty auditors. 201.19 The commissioner of revenue shall deduct from the proceeds 201.20 remittedto the council and the cityan amount that equals the 201.21 indirect statewide costs as well as the direct and indirect 201.22 department costs necessary to administer, audit, and collect 201.23 this tax. The amount deducted shall be deposited in the general 201.24 fund of the state. The proceeds remitted with respect to the 201.25 metrodome shall be placed, together with the net revenues of the 201.26 successor to the commission attributable to the metrodome under 201.27 section 473.595, into the debt service fund or reserve or 201.28 special funds, established under section 473.581, and any funds 201.29 established to secure payment of operating deficits of the 201.30 successor to the commission arising from its ownership and 201.31 operation of the metrodome. The proceeds may be used for 201.32 payment of debt service on bonds and revenue anticipation 201.33 certificates issued under section 473.581, and expenses of 201.34 operation, administration, and maintenance of the metrodome. 201.35 The proceeds shall not be used for any capital costs of the 201.36 metrodome, except that the proceeds may be used to pay interest 202.1 on bonds during the construction period. 202.2The proceeds remitted with respect to the basketball and202.3hockey arena shall be placed, together with the net revenues of202.4the commission attributable to the basketball and hockey arena202.5under section 473.595, subdivision 1a, into the debt service202.6fund or reserve or special funds, established under section202.7473.599, and any funds established to secure payment of202.8operating deficits of the commission arising from its202.9acquisition, ownership, operation, or maintenance of the202.10basketball and hockey arena. The proceeds may be used for202.11payment of debt service on bonds and revenue anticipation202.12certificates issued under section 473.599, and expenses of202.13operation, administration, and maintenance of the basketball and202.14hockey arena.202.15 Sec. 23. Minnesota Statutes 1996, section 473.595, is 202.16 amended to read: 202.17 473.595 [COMMISSION FINANCES.] 202.18 Subdivision 1. [METRODOME ADMISSION TAX.] The successor to 202.19 the commission shall by resolution impose and maintain a ten 202.20 percent admission tax upon the granting, issuance, sale, or 202.21 distribution, by any private or public person, association, or 202.22 corporation, of the privilege of admission to activities at the 202.23 metrodome. No other tax, surcharge, or governmental imposition, 202.24 except the taxes imposed by chapter 297A, may be levied by any 202.25 other unit of government upon any such sale or distribution. 202.26 The admission tax shall be stated and charged separately from 202.27 the sales price so far as practicable and shall be collected by 202.28 the grantor, seller, or distributor from the person admitted and 202.29 shall be a debt from that person to the grantor, issuer, seller, 202.30 or distributor, and the tax required to be collected shall 202.31 constitute a debt owed by the grantor, issuer, seller, or 202.32 distributor to the successor to the commission, which shall be 202.33 recoverable at law in the same manner as other debts. Every 202.34 person granting, issuing, selling, or distributing tickets for 202.35 such admissions may be required, as provided in resolutions202.36ofby the successor to the commission, to secure a permit, to 203.1 file returns, to deposit security for the payment of the tax, 203.2 and to pay such penalties for nonpayment and interest on late 203.3 payments, as shall be deemed necessary or expedient to assure 203.4 the prompt and uniform collection of the tax. 203.5 Notwithstanding any other provisions of this subdivision, 203.6 the imposition of an admission tax upon a national superbowl 203.7 football game conducted at the metrodome is discretionary with 203.8 the commission. 203.9Subd. 1a. [ARENA ADMISSION TAX.] The commission shall203.10impose a ten percent admission tax on all tickets sold, issued,203.11granted, or distributed for the privilege of admission to the203.12basketball and hockey arena. In addition, the commission shall203.13impose a surcharge in an amount to be determined by the203.14commission, but not less than $1 per ticket, on all tickets203.15sold, issued, granted, or distributed for the privilege of203.16admission to activities at the basketball and hockey arena. The203.17sales price shall include the price of the ticket and any203.18service or other charge imposed by the grantor, issuer, seller,203.19or distributor upon the reservation, processing, distribution,203.20delivery, or sale of the ticket. No other tax, surcharge, or203.21governmental imposition, except the taxes imposed by chapter203.22297A, may be levied by any other unit of government upon such a203.23sale or distribution. The admission tax and surcharge for the203.24privilege of admission to activities at the basketball and203.25hockey arena shall be charged and added to the sales price of203.26the ticket, and imposed and collected in the same manner203.27provided for the metrodome pursuant to subdivision 1. The tax203.28and surcharge provided for in this subdivision shall be203.29effective from and after the date of the commission's203.30acquisition of the basketball and hockey arena.203.31 Subd. 2. [RENTALS; FEES; CHARGES.] Rentals, fees, and 203.32 charges provided for in use agreements at the metrodomeand203.33basketball and hockey arenaentered into by the commission shall 203.34 be those estimated by the successor to the commission to be 203.35 necessary and feasible to produce so far as possible, 203.36 withcommissionrevenues from other sources, the amounts needed 204.1 for current operation, maintenance, and debt service. 204.2 The successor to the commission shall with respect tothe met204.3center,the metrodome, and the basketball and hockey arenameet 204.4 and confer with any public body, authority, or agency owning or 204.5 operating an entertainment or sports complex, or indoor sports 204.6 arena, in the metropolitan area, for the purpose of undertaking 204.7 measures or agreements maximizing revenues and eliminating 204.8 unnecessary operational expenditures. 204.9 Subd. 3. [BUDGET PREPARATION; REVIEW AND APPROVAL.] The 204.10 successor to the commission shall prepare a proposed budget, 204.11 with respect to the activities it succeeded to, by August 1 of 204.12 each year. The budget shall include operating revenues and 204.13 expenditures for operation, administration, and maintenance. In 204.14 addition, the budget must show for each year: 204.15 (a) The estimated operating revenues from all sources 204.16 including funds on hand at the beginning of the year, and 204.17 estimated expenditures for costs of operation, administration, 204.18 maintenance, and debt service; 204.19 (b) Capital improvement funds estimated to be on hand at 204.20 the beginning of the year and estimated to be received during 204.21 the year from all sources and estimated cost of capital 204.22 improvements to be paid out or expended during the year; all in204.23such detail and form as the council may prescribe; and 204.24 (c) The estimated source and use of pass-through funds. 204.25 As early as practicable before August 15 of each year, the 204.26 successor to the commission shall hold a public hearing on a 204.27 draft of the proposed budget. Along with the draft, 204.28 thecommissionsuccessor shall publish a report on user 204.29 charges. The report must include an estimate and analysis of 204.30 the changes in user charges, rates, and fees that will be 204.31 required by thecommission'ssuccessor's budget. Not less than 204.32 14 days before the hearing, thecommissionsuccessor shall 204.33 publish notice of the hearing in a newspaper having general 204.34 circulation in the metropolitan area, stating the date, time, 204.35 and place of hearing, and the place where the proposed budget 204.36 and report on user charges may be examined by any interested 205.1 person. Following the hearing, thecommissionsuccessor shall 205.2 publish a report of the hearing that summarizes the comments 205.3 received and thecommission'ssuccessor's response.The council205.4shall approve or disapprove the entire budget by October 1 of205.5each year.Before December 15 of each year, thecommission205.6 successor shall by resolution adopt a final budget.The205.7commission shall file its final budget with the council on or205.8before December 20 of each year.Thecouncilsuccessor shall 205.9 file the budgets with the secretary of the senate and the clerk 205.10 of the house of representatives not later than January 1 of each 205.11 year. 205.12 Except in an emergency, for which procedures must be 205.13 established by thecommissionsuccessor, thecommission205.14 successor and its officers, agents, and employees may not spend 205.15 money for any purpose, other than debt service, without an 205.16 appropriation by thecommissionsuccessor, and no obligation to 205.17 make such an expenditure shall be enforceable except as the 205.18 obligation of the person or persons incurring it. The creation 205.19 of any debt obligation or the receipt of any federal or state 205.20 grant is a sufficient appropriation of the proceeds for the 205.21 purpose for which it is authorized, and of the tax or other 205.22 revenues pledged to pay the obligation and interest on it 205.23 whether or not specifically included in any annual 205.24 budget.After obtaining approval of the council,Thecommission205.25 successor may amend the budget at any time by transferring any 205.26 appropriation from one purpose to another, except appropriations 205.27 of the proceeds of bonds issued for a specific purpose. 205.28Subd. 4. [PAYMENT OF COUNCIL COSTS.] The commission shall205.29comply with the provisions of section 473.164.205.30 Subd. 5. [AUDIT.] The legislative auditor shall make an 205.31 independent audit of the successor to the commission's books and 205.32 accounts once each year or as often as the legislative auditor's 205.33 funds and personnel permit. The costs of the audits shall be 205.34 paid by the successor to the commissionpursuant to section205.353.9741. The council may examine the commission's books and205.36accounts at any time. 206.1 Subd. 6. [GENERAL.] The successor to the commission shall 206.2 receive and account for all tax and other revenueof the206.3commissionand from the revenue shall provide, contract, and pay 206.4 for proper operation, administration, and maintenance of allof206.5 its property and facilities and shall maintain, asauthorized by206.6resolutions of the councilnecessary, reserves for major 206.7 repairs, replacements, and improvements and for working 206.8 capital. The successor to the commission shall remit to 206.9 thecouncilmetropolitan county auditors for deposit inits206.10 their metrodome debt service funds, at the times required 206.11 byresolution of the councilthe metropolitan county auditors, 206.12 the net revenue attributable to the metrodome in excess of these 206.13 requirementsand for deposit in its basketball and hockey arena206.14debt service fund or funds, at the times required by resolution206.15of the council, the net revenue attributable to the basketball206.16and hockey arena in excess of these requirements. 206.17 Subd. 7. [SALE OF SEATS.] The successor to the commission 206.18 may sell seats in any multipurpose sports facility constructed 206.19 after June 30, 1979 at prices and subject to conditions 206.20 consistent with this section. Ownership of a seat shall give 206.21 the owner first preference for purchase of a season ticket of 206.22 admission for professional sports exhibitions with a right to be 206.23 seated in the owned seat. An owner may sell or otherwise 206.24 transfer the rights on whatever terms the owner chooses. Rights 206.25 to a seat may not be divided. No fee may be charged for a 206.26 transfer of ownership of a seat. The successor to the 206.27 commission may charge a maintenance fee not exceeding $10 per 206.28 year for each seat. 206.29 Sec. 24. [BONDS AND CERTIFICATES.] 206.30 Debt obligations authorized and issued under Minnesota 206.31 Statutes, section 473.581, before the effective date of this 206.32 article must be paid for and retired according to that section 206.33 and the terms of those obligations and their bond indentures and 206.34 trust agreements. The metropolitan county auditors shall 206.35 administer this section. 206.36 Sec. 25. [SUCCESSOR.] 207.1 (a) Except as provided in paragraph (b), after negotiating 207.2 with the commissioner of finance any appropriate additional 207.3 terms and conditions not inconsistent with this article, the 207.4 city of Minneapolis succeeds to all rights, title, and interests 207.5 of the metropolitan sports facilities commission subject to this 207.6 article and the additional terms and conditions negotiated 207.7 pursuant to this article. 207.8 (b) While the negotiations are pending, and thereafter if 207.9 the city of Minneapolis does not accede to the succession as 207.10 provided in this article before July 1, 1998, the Minnesota 207.11 amateur sports commission is the successor to the metropolitan 207.12 sports facilities commission under this article and Minnesota 207.13 Statutes 1994, section 15.039. 207.14 Sec. 26. [REPEALER.] 207.15 Minnesota Statutes 1996, sections 473.552; 473.553; 207.16 473.556, subdivisions 1, 2, 3, 7, 8, 9, 10, 13, and 16; 473.564, 207.17 subdivision 3; 473.565; 473.572, subdivision 1; 473.581; 207.18 473.595, subdivisions 1a and 4; 473.598; and 473.599, are 207.19 repealed. 207.20 Sec. 27. [EFFECTIVE DATE.] 207.21 Sections 1 to 20 and 22 are effective July 1, 1998. 207.22 ARTICLE 6 207.23 METROPOLITAN AIRPORTS COMMISSION CONFORMING AMENDMENTS 207.24 Section 1. Minnesota Statutes 1996, section 473.192, 207.25 subdivision 2, is amended to read: 207.26 Subd. 2. [DEFINITIONS.] For purposes of this section, 207.27 "metropolitan area" has the meaning given it in section 473.121, 207.28 subdivision 2. "Aviation policy plan" means the plan adopted by 207.29 themetropolitanoffice of strategic and long-range planning 207.30 council pursuant to section 473.145. "Municipality" has the 207.31 meaning provided by section 462.352, subdivision 2. 207.32 Sec. 2. Minnesota Statutes 1996, section 473.192, 207.33 subdivision 3, is amended to read: 207.34 Subd. 3. [ORDINANCE.] A municipality in the metropolitan 207.35 area that, in part or in whole, is within the aircraft noise 207.36 zones designated in the aviation policy plan may adopt and 208.1 enforce ordinances and controls to regulate building 208.2 construction methods and materials for the purpose of 208.3 attenuating aircraft noise in habitable buildings in and around 208.4 the noise zone. The ordinance or control shall not apply to 208.5 remodeling or rehabilitating an existing residential building 208.6 nor to the construction of an appurtenance to an existing 208.7 residential building. An ordinance adopted by a municipality 208.8 must be adequate to implement themetropolitan council'soffice 208.9 of strategic and long-range planning's guidelines for land use 208.10 compatibility with aircraft noise. Section 16B.62 does not 208.11 apply to ordinances adopted under this section. 208.12 Sec. 3. Minnesota Statutes 1996, section 473.601, is 208.13 amended by adding a subdivision to read: 208.14 Subd. 7. [OFFICE OF STRATEGIC AND LONG-RANGE 208.15 PLANNING.] "Office of strategic and long-range planning" or 208.16 "office" means the agency established under section 4A.01. 208.17 Sec. 4. Minnesota Statutes 1996, section 473.602, is 208.18 amended to read: 208.19 473.602 [DECLARATION OF PURPOSES.] 208.20 It is the purpose of sections 473.601 to 473.679 to: 208.21 (1) promote the public welfare and national security; serve 208.22 public interest, convenience, and necessity; promote air 208.23 navigation and transportation, international, national, state, 208.24 and local, in and through this state; promote the efficient, 208.25 safe, and economical handling of air commerce; assure the 208.26 inclusion of this state in national and international programs 208.27 of air transportation; and to those ends to develop the full 208.28 potentialities of the metropolitan area in this state as an 208.29 aviation center, and to correlate that area with all aviation 208.30 facilities in the entire state so as to provide for the most 208.31 economical and effective use of aeronautic facilities and 208.32 services in that area; 208.33 (2) assure the residents of the metropolitan area of the 208.34 minimum environmental impact from air navigation and 208.35 transportation, and to that end provide for noise abatement, 208.36 control of airport area land use, and other protective measures; 209.1 and 209.2 (3) promote the overall goals of the state's environmental 209.3 policies and minimize the public's exposure to noise and safety 209.4 hazards around airports. 209.5 To achieve these purposes, the corporation shall cooperate 209.6 with and assist themetropolitan counciloffice of strategic and 209.7 long-range planning, the federal government, the commissioner of 209.8 transportation of this state, the pollution control agency, and 209.9 others engaged in aeronautics or the promotion and regulation of 209.10 aeronautics and shall seek to coordinate its activities with the 209.11 aeronautical activities of these bodies. 209.12 Sec. 5. Minnesota Statutes 1996, section 473.604, 209.13 subdivision 1, is amended to read: 209.14 Subdivision 1. [COMPOSITION.] The commission consists of: 209.15 (1) the mayor of each of the cities, or a qualified voter 209.16 appointed by the mayor, for the term of office as mayor; 209.17 (2) eight members, appointed by the governor from each of 209.18 thefollowing agencycommission districts:209.19(i) district A, consisting of council districts 1 and 2;209.20(ii) district B, consisting of council districts 3 and 4;209.21(iii) district C, consisting of council districts 5 and 6;209.22(iv) district D, consisting of council districts 7 and 8;209.23(v) district E, consisting of council districts 9 and 10;209.24(vi) district F, consisting of council districts 11 and 12;209.25(vii) district G, consisting of council districts 13 and209.2614; and209.27(viii) district H, consisting of council districts 15 and209.2816provided for in section 473.123, subdivision 3c. 209.29 Each member shall be a resident of the district represented. 209.30 Before making an appointment, the governor shall consult with 209.31 each member of the legislature from the district for which the 209.32 member is to be appointed, to solicit the legislator's 209.33 recommendation on the appointment; 209.34 (3) four members appointed by the governor from outside of 209.35 the metropolitan area to reflect fairly the various regions and 209.36 interests throughout the state that are affected by the 210.1 operation of the commission's major airport and airport system. 210.2 Two of these members must be residents of statutory or home rule 210.3 charter cities, towns, or counties containing an airport 210.4 designated by the commissioner of transportation as a key 210.5 airport. The other two must be residents of statutory or home 210.6 rule charter cities, towns, or counties containing an airport 210.7 designated by the commissioner of transportation as an 210.8 intermediate airport. The members must be appointed by the 210.9 governor as follows: one for a term of one year, one for a term 210.10 of two years, one for a term of three years, and one for a term 210.11 of four years. All of the terms start on July 1, 1989. The 210.12 successors of each member must be appointed to four-year terms 210.13 commencing on the first Monday in January of each fourth year 210.14 after the expiration of the original term. Before making an 210.15 appointment, the governor shall consult each member of the 210.16 legislature representing the municipality or county from which 210.17 the member is to be appointed, to solicit the legislator's 210.18 recommendation on the appointment; and 210.19 (4) a chair appointed by the governor for a term of four 210.20 years. The chair may be removed at the pleasure of the governor. 210.21 Sec. 6. Minnesota Statutes 1996, section 473.608, 210.22 subdivision 19, is amended to read: 210.23 Subd. 19. The corporation shall construct an acoustical 210.24 barrier in or along the perimeter of maintenance areas of the 210.25 Minneapolis-St. Paul International Airport. It also shall 210.26 construct acoustical barriers along the perimeter of runways of 210.27 such airport where it is reasonably necessary, practical and 210.28 safe to do so according to the standards of the Federal Aviation 210.29 Administration. All barriers shall conform to specifications 210.30 approved by the pollution control agency. For purposes of this 210.31 subdivision, an acoustical barrier is a wall, fence, natural 210.32 barrier such as an earthen barrier or trees designed to abate 210.33 noise. The corporation shall also confer and cooperate with any 210.34 entity which it creates for the purpose of studying and 210.35 implementing sound abatement programs and with representatives 210.36 of persons residing in the vicinity of any airport who desire to 211.1 explore means for relieving the area of the detrimental effects 211.2 of aircraft noise. 211.3 Notwithstanding the provisions of any other law none of the 211.4 construction authorized by this subdivision shall be subject to 211.5 review or approval by themetropolitan counciloffice of 211.6 strategic and long-range planning. 211.7 Sec. 7. Minnesota Statutes 1996, section 473.611, 211.8 subdivision 5, is amended to read: 211.9 Subd. 5. Any long-term comprehensive plans adopted by the 211.10 commission for the betterment and enlargement of existing 211.11 airports, for the acquisition and construction of new airports, 211.12 and for the categories of use of airports owned or controlled by 211.13 the commission shall be consistent with the development guide of 211.14 themetropolitan counciloffice of strategic and long-range 211.15 planning for the metropolitan area. 211.16 Sec. 8. Minnesota Statutes 1996, section 473.621, 211.17 subdivision 6, is amended to read: 211.18 Subd. 6. [CAPITAL PROJECTS; REVIEW.] All Minneapolis-St. 211.19 Paul International Airport capital projects of the commission 211.20 requiring the expenditure of more than $5,000,000 shall be 211.21 submitted to themetropolitan counciloffice of strategic and 211.22 long-range planning for review. All other capital projects of 211.23 the commission requiring the expenditure of more than $2,000,000 211.24 shall be submitted to themetropolitan counciloffice of 211.25 strategic and long-range planning for review. No such project 211.26 which has a significant effect on the orderly and economic 211.27 development of the metropolitan area may be commenced without 211.28 the approval of themetropolitan counciloffice of strategic and 211.29 long-range planning. 211.30 Sec. 9. Minnesota Statutes 1996, section 473.638, is 211.31 amended to read: 211.32 473.638 [CONTROL MEASURE INVOLVING TAKING; CONDEMNATION BY 211.33 METROPOLITAN AIRPORTS COMMISSION.] 211.34 Subdivision 1. [EMINENT DOMAIN.] If either the provisions 211.35 or the application ofsection 473.636, subdivision 2, orany 211.36 land use and development control measure applicable to public or 212.1 private property in an airport development area is determined by 212.2 a court of competent jurisdiction to constitute a taking, the 212.3 metropolitan airports commission in the exercise of its power to 212.4 acquire lands for the airport has the power to acquire the 212.5 property or any similar property, or an interest in it, to the 212.6 extent needed for the application of the measure, by eminent 212.7 domain exercised in accordance with chapter 117. The right of 212.8 eminent domain must be exercised if the commission has or will 212.9 have funds to pay the condemnation award and thecounciloffice 212.10 determines that it is necessary to protect the airport from 212.11 encroachment or hazards, to protect residents in the area, to 212.12 encourage the most appropriate use of property in the airport 212.13 development area, or to protect and conserve the natural 212.14 resources of the metropolitan area. 212.15 Subd. 2. [RETENTION OR SALE OF PROPERTY.] The commission 212.16 may retain any property now owned by it or acquired under 212.17 subdivision 1 and use it for a lawful purpose, or it may provide 212.18 for the sale or other disposition of the property in accordance 212.19 with a redevelopment plan in the same manner and upon the same 212.20 terms as the housing and redevelopment authority and governing 212.21 body of a municipality under the provisions of section 469.029, 212.22 all subjectto the provisions of section 473.636, subdivision 2,212.23orto existing land use and development control measures 212.24 approved by thecounciloffice. 212.25 Subd. 3. [SHARING OF COSTS.] The metropolitan airports 212.26 commission and any other government unit in the metropolitan 212.27 area may enter into an agreement under which the cost of 212.28 acquiring a property and the proceeds from the sale or other 212.29 disposition of it under subdivision 2 are to be shared by the 212.30 commission and such government unit. The commission, the 212.31metropolitan counciloffice, or any government unit may also 212.32 enter into any agreements with the United States or the state of 212.33 Minnesota, or any agency or subdivision of either, and do all 212.34 acts and things required by state or federal law or rules as a 212.35 condition or consideration for the loan or grant of funds or 212.36 property for the purpose of land acquisition or improvement 213.1 under subdivisions 1 and 2. 213.2 Sec. 10. Minnesota Statutes 1996, section 473.64, is 213.3 amended to read: 213.4 473.64 [GOVERNMENT UNITS IN AIRPORT DEVELOPMENT AREA; TAX 213.5 SHARING.] 213.6 The governing bodies of government units located wholly or 213.7 partly in an airport development area shall jointly study and 213.8 decide upon a plan for the sharing of property tax revenues 213.9 derived from property located in an airport development area. 213.10 If 80 percent of the government units having territory within 213.11 the airport development area agree upon a plan, the plan is 213.12 effective, and all government units shall enter into whatever 213.13 agreements may be necessary for this purpose. The plan, 213.14 however, may not impair the existing contract obligations of any 213.15 government unit. This section does not apply to the 213.16 metropolitan airports commissionor the council. 213.17 Sec. 11. Minnesota Statutes 1996, section 473.655, is 213.18 amended to read: 213.19 473.655 [PUBLIC AND GOVERNMENTAL PURPOSES.] 213.20 It is hereby determined and declared that the purposes of 213.21 sections 473.601 to 473.679 are public and governmental; that 213.22 the development of the metropolitan airports system by the 213.23 corporation be consistent with the airport chapter of the 213.24 metropolitancouncil'sdevelopment guide and promote the public 213.25 safety and welfare of the state; and that the development, 213.26 extension, maintenance, and operation of the system in such a 213.27 manner as to assure the residents of the metropolitan area of 213.28 the minimum environmental impact from air navigation and 213.29 transportation, with provision for noise abatement, control of 213.30 airport area land use, and other protective measures, is 213.31 essential to the development of air navigation and 213.32 transportation in and through this state, and is necessary in 213.33 order to assure the inclusion of this state in national and 213.34 international systems of air transportation, benefits the people 213.35 of the state as a whole, renders a general public service, and 213.36 provides employment, and is of great public economic benefit. 214.1 Sec. 12. Minnesota Statutes 1996, section 473.667, 214.2 subdivision 8, is amended to read: 214.3 Subd. 8. [REFUNDING DEFICIENCIES.] If in any year the 214.4 revenues available for transfer to the debt service fund are or 214.5 will in the judgment of the commission be insufficient to 214.6 produce the balance required thereon on October 10 under the 214.7 provisions of subdivision 4, or to make any interest or 214.8 principal payment due on certificates of indebtedness issued 214.9 under the provisions of subdivision 10, the commission may, with 214.10 the approval of thecounciloffice, issue refunding bonds and 214.11 appropriate the proceeds to the debt service fund in the amount 214.12 needed to restore the deficiency, provided that the refunding 214.13 bonds shall not mature earlier than the date or dates when the 214.14 commission estimates that the revenues from enforced or 214.15 increased rates, fees, charges, and rentals will be sufficient 214.16 to pay them and to meet all other requirements of the debt 214.17 service fund as stated in subdivision 4. 214.18 Sec. 13. [REPEALER.] 214.19 Minnesota Statutes 1996, sections 473.616; 473.618; and 214.20 473.619, are repealed. 214.21 Sec. 14. [EFFECTIVE DATE.] 214.22 This article is effective July 1, 1998. 214.23 ARTICLE 7 214.24 METROPOLITAN LAND USE PLANNING 214.25 Section 1. Minnesota Statutes 1996, section 473.852, 214.26 subdivision 2, is amended to read: 214.27 Subd. 2. [ADVISORY METROPOLITAN LAND USE COMMITTEE OR 214.28 ADVISORY COMMITTEE.] "Advisory metropolitan land use committee" 214.29 or "advisory committee" meansan advisory committee established214.30bythe metropolitan councilpursuant to section 473.853. 214.31 Sec. 2. Minnesota Statutes 1996, section 473.852, 214.32 subdivision 10, is amended to read: 214.33 Subd. 10. [PRIVATE SEWER FACILITY.] "Private sewer 214.34 facility" means a single lot, multiple lot or other sewage 214.35 collection or treatment facility owned, constructed or operated 214.36 by any person other than a local governmental unit or the 215.1councilmetropolitan waste control commission. 215.2 Sec. 3. Minnesota Statutes 1996, section 473.853, is 215.3 amended to read: 215.4 473.853 [ADVISORY COMMITTEE.] 215.5 The metropolitan councilshall establish anis the advisory 215.6 metropolitan land use committeepursuant to section 473.127, 215.7 comprised of 16 members, one from each former council district, 215.8 and as many additional members as are necessary to provide 215.9 representation from each metropolitan county, plus a chair.At215.10least one-half ofThe members of the advisory committee shall be 215.11 elected officials of local governmental units. The metropolitan 215.12 council may, if requested, give advice and make recommendations, 215.13 reviews, and comments on land use planning and related matters 215.14 of metropolitan significance. The members shall be appointed by 215.15 the governor forthe same period as the term of the council215.16member for the district in which the member residesfour-year 215.17 terms coincident with the term of the governor and shall serve 215.18 without compensation, but shall be reimbursed for reasonable 215.19 expenses as authorized by the director of the office. 215.20 Sec. 4. [REPEALER.] 215.21 Minnesota Statutes 1996, sections 473.145; 473.146; 215.22 473.147; 473.149, subdivision 3; 473.173; 473.175; 473.181; 215.23 473.206; 473.208; 473.851; 473.854; 473.856; 473.857; 473.858; 215.24 473.859; 473.863; 473.864; 473.865; 473.866; 473.867; 473.868; 215.25 and 473.869, are repealed. 215.26 Sec. 5. [EFFECTIVE DATE.] 215.27 This article is effective July 1, 1998. 215.28 ARTICLE 8 215.29 HOUSING 215.30 Section 1. Minnesota Statutes 1996, section 473.197, is 215.31 amended to read: 215.32 473.197 [HOUSING BOND CREDIT ENHANCEMENT PROGRAM.] 215.33 Subdivision 1. [AUTHORIZATION.] Themetropolitan215.34councilMinnesota housing finance agency mayestablish aoperate 215.35 the housing bond credit enhancement program, established by the 215.36 former metropolitan council, as provided in this section. 216.1 Thecouncilagency may pledge its full faith and credit and 216.2 taxing powers to the payment of bonds issued under section 216.3 469.034 for qualified housing development projects in the 216.4 metropolitan area, as provided in this section. A "qualified 216.5 housing development project" has the meaning given that term in 216.6 section 469.034, subdivision 2, paragraph (e), except that 216.7 thecouncilagency is substituted for "general jurisdiction 216.8 governmental unit" in clause (3) and "60 percent of the median 216.9 family income" is substituted for "80 percent of the median 216.10 family income." 216.11 Subd. 2. [PROJECT SELECTION.] Before pledging its full 216.12 faith and credit, thecouncilagency must establish criteria for 216.13 selecting appropriate qualified housing development projects for 216.14 the credit enhancement program. Thecouncilagency may award 216.15 preferences for qualified housing development projects that meet 216.16 criteria for preferences established by thecouncilagency. The 216.17councilagency must establish the criteria in consultation with 216.18 housing providers in the metropolitan area. In developing 216.19 priorities for projects for the credit enhancement program, 216.20 thecouncilagency shall give priority to projects that develop 216.21 or redevelop housing for low-income households. Thecouncil216.22 agency shall consider the extent to which projects for the 216.23 credit enhancement program are developed in collaboration with 216.24 Minnesota Youth-Build under sections 268.361 to 268.367; or 216.25 training for housing programs for homeless adults under Laws 216.26 1992, chapter 376, article 6; or other employment training 216.27 programs. 216.28 Subd. 3. [LIMITATION.] The aggregate principal amount of 216.29 bonds that may be secured by a pledge of thecouncil'sagency's 216.30 full faith and credit under this section may not exceed 216.31 $20,000,000. The bonds must be payable from revenues derived 216.32 from the project or projects financed under the credit 216.33 enhancement program, or from income of the authority or 216.34 authorities that participate in the program, including earnings 216.35 on any reserves established for the program. Thecouncilagency 216.36 must find that the pledged revenues will equal or exceed 110 217.1 percent of the principal and interest due on the bonds. 217.2 Subd. 4. [DEBT RESERVE; LEVY.] To provide money to pay 217.3 debt service on bonds issued under the credit enhancement 217.4 program if pledged revenues are insufficient to pay debt 217.5 service, thecouncilagency must maintain a debt reserve fund in 217.6 the manner and with the effect provided by section 118A.04 for 217.7 public funds. To provide funds for the debt reserve fund, the 217.8councilagency may use up to $3,000,000 of the proceeds of solid 217.9 waste bonds issued by the former metropolitan council under 217.10 section 473.831 before its repeal. To provide additional funds 217.11 for the debt reserve fund, thecouncilagency may levy a tax on 217.12 all taxable property in the metropolitan area and must levy the 217.13 tax if sums in the debt reserve fund are insufficient to cure 217.14 any deficiency in the debt service fund established for the 217.15 bonds.The tax authorized by this section does not affect the217.16amount or rate of taxes that may be levied by the council for217.17other purposes and is not subject to limit as to rate or amount.217.18 Subd. 5. [AGREEMENTS.] Thecouncilagency and each 217.19 authority that participates in the credit enhancement program 217.20 may enter into agreements they determine to be necessary to 217.21 implement the credit enhancement program. The agreements may 217.22 extend over any period, notwithstanding any law to the contrary. 217.23 Subd. 6. [AGENCY LEVY.] To secure and pay bonds as 217.24 provided under this section, the agency may levy a tax on all 217.25 taxable property in the metropolitan area. 217.26 Sec. 2. [TRANSFER.] 217.27 The provisions of Minnesota Statutes, section 15.039 shall 217.28 apply to the extent practicable to the transfer from the 217.29 metropolitan council to the Minnesota housing finance agency of 217.30 the housing bond credit enhancement program established under 217.31 Minnesota Statutes, section 473.197. 217.32 Sec. 3. [REPEALER.] 217.33 Minnesota Statutes 1996, sections 473.194; 473.195; 217.34 473.199; and 473.201, are repealed. 217.35 Sec. 4. [EFFECTIVE DATE.] 217.36 This article is effective July 1, 1998. 218.1 ARTICLE 9 218.2 LIVABLE COMMUNITIES ACT 218.3 Section 1. Minnesota Statutes 1996, section 473.25, is 218.4 amended to read: 218.5 473.25 [LIVABLE COMMUNITIES CRITERIA AND GUIDELINES.] 218.6 (a) Thecouncilhousing finance agency shall establish 218.7 criteria for uses of the fund provided in section 473.251 that 218.8 are consistent with and promote the purposes of this article and 218.9 the policies of the metropolitan development guideadopted by218.10the councilincluding, but not limited to: 218.11 (1) helping to change long-term market incentives that 218.12 adversely impact creation and preservation of living-wage jobs 218.13 in the fully developed area; 218.14 (2) creating incentives for developing communities to 218.15 include a full range of housing opportunities; 218.16 (3) creating incentives to preserve and rehabilitate 218.17 affordable housing in the fully developed area; and 218.18 (4) creating incentives for all communities to implement 218.19 compact and efficient development. 218.20 (b) Thecouncilhousing finance agency shall establish 218.21 guidelines for the livable community demonstration account for 218.22 projects that thecouncilhousing finance agency would consider 218.23 funding with either grants or loans. The guidelines must 218.24 provide that the projects will: 218.25 (1) interrelate development or redevelopment and transit; 218.26 (2) interrelate affordable housing and employment growth 218.27 areas; 218.28 (3) intensify land use that leads to more compact 218.29 development or redevelopment; 218.30 (4) involve development or redevelopment that mixes incomes 218.31 of residents in housing, including introducing or reintroducing 218.32 higher value housing in lower income areas to achieve a mix of 218.33 housing opportunities; or 218.34 (5) encourage public infrastructure investments which 218.35 connect urban neighborhoods and suburban communities, attract 218.36 private sector redevelopment investment in commercial and 219.1 residential properties adjacent to the public improvement, and 219.2 provide project area residents with expanded opportunities for 219.3 private sector employment. 219.4 (c) Thecouncilhousing finance agency shall establish 219.5 guidelines governing who may apply for a grant or loan from the 219.6 fund, providing priority for proposals using innovative 219.7 partnerships between government, private for-profit, and 219.8 nonprofit sectors. 219.9 (d) Thecouncilhousing finance agency shall prepare an 219.10 annual plan for distribution of the fund based on the criteria 219.11 for project and applicant selection. 219.12 (e) Thecouncilhousing finance agency shall prepare and 219.13 submit to the legislature, as provided in section 3.195, an 219.14 annual report on the metropolitan livable communities fund. The 219.15 report must include information on the amount of money in the 219.16 fund, the amount distributed, to whom the funds were distributed 219.17 and for what purposes, and an evaluation of the effectiveness of 219.18 the projects funded in meeting the policies and goals of the 219.19 council. The report may make recommendations to the legislature 219.20 on changes to Laws 1995, chapter 255. 219.21 Sec. 2. Minnesota Statutes 1996, section 473.252, is 219.22 amended to read: 219.23 473.252 [TAX BASE REVITALIZATION ACCOUNT.] 219.24 Subdivision 1. [DEFINITIONDEFINITIONS.] For the purpose 219.25 of this section, "municipality" means a statutory or home rule 219.26 charter city or town participating in the local housing 219.27 incentives program under section 473.254, or a county in the 219.28 metropolitan area and "commissioner" means the commissioner of 219.29 trade and economic development. 219.30 Subd. 1a. [DEVELOPMENT AUTHORITY.] For the purpose of this 219.31 section, "development authority" means a statutory or home rule 219.32 charter city, housing and redevelopment authority, economic 219.33 development authority, and a port authority. 219.34 Subd. 2. [SOURCES OF FUNDS.] Thecouncilhousing finance 219.35 agency shall credit to the tax base revitalization account 219.36 within the fund the amount, if any, provided for under 220.1 subdivision 4, and the amount, if any, distributed to the 220.2 council under section 473F.08, subdivision 3b. The account 220.3 shall be administered by the commissioner under this section and 220.4 sections 116J.551 to 116J.557. 220.5 Subd. 3. [DISTRIBUTION OF FUNDS.] (a) Thecouncil220.6 commissioner must use the funds in the account to make grants to 220.7 municipalities or development authorities for the cleanup of 220.8 polluted land in the metropolitan area. A grant to a 220.9 metropolitan county or a development authority must be used for 220.10 a project in a participating municipality. Thecouncil220.11 commissioner shall prescribe and provide the grant application 220.12 form to municipalities. Thecouncilcommissioner must consider 220.13 the probability of funding from other sources when making grants 220.14 under this section. 220.15 (b)(1) The legislature expects that applications for grants 220.16 will exceed the available funds and thecouncilcommissioner 220.17 will be able to provide grants to only some of the applicant 220.18 municipalities. If applications for grants for qualified sites 220.19 exceed the available funds, thecouncilcommissioner shall make 220.20 grants that provide the highest return in public benefits for 220.21 the public costs incurred, that encourage commercial and 220.22 industrial development that will lead to the preservation or 220.23 growth of living-wage jobs and that enhance the tax base of the 220.24 recipient municipality. 220.25 (2) In making grants, thecouncilcommissioner shall 220.26 establish regular application deadlines in which grants will be 220.27 awarded from the available money in the account. If thecouncil220.28 commissioner provides for application cycles of less than 220.29 six-month intervals, thecouncilcommissioner must reserve at 220.30 least 40 percent of the receipts of the account for a year for 220.31 application deadlines that occur in the second half of the 220.32 year. If the applications for grants exceed the available funds 220.33 for an application cycle, no more than one-half of the funds may 220.34 be granted to projects in a statutory or home rule charter city 220.35 and no more than three-quarters of the funds may be granted to 220.36 projects located in cities of the first class. 221.1 (c) A municipality may use the grant to provide a portion 221.2 of the local match requirement for project costs that qualify 221.3 for a grant under sections 116J.551 to 116J.557. 221.4 Subd. 4. [TAX.] Thecouncilmetropolitan county auditors 221.5 may levy a tax on all taxable property in the metropolitan area, 221.6 as defined in section 473.121, to provide funds for the tax base 221.7 revitalization account in the metropolitan livable communities 221.8 fund. This tax for the tax base revitalization account shall be 221.9 certified by thecouncilmetropolitan county auditors, levied, 221.10 and collected in the manner provided by section 473.13. The tax 221.11 shall be in addition to that authorized bysection 473.249 and221.12 any other law and shall not affect the amount or rate of taxes 221.13 which may be levied bythe council orany metropolitan agency or 221.14 local governmental unit. 221.15 The amount of the levy shall be as determined and certified 221.16 by thecouncilmetropolitan county auditors, provided that the 221.17 tax levied by the metropolitancouncilcounty auditors for the 221.18 tax base revitalization account shall not exceed the product of 221.19 (1) the metropolitan council's levy for the tax base 221.20 revitalization account under section 473.167, subdivision 3, for 221.21 taxes payable in 1997 multiplied by (2) an index for market 221.22 valuation changes equal to the total market valuation of all 221.23 taxable property located within the metropolitan area for the 221.24 current taxes payable year divided by the total market valuation 221.25 of all taxable property located within the metropolitan area for 221.26 taxes payable in 1997. 221.27 For the purpose of determining themetropolitan council's221.28 property tax levy limitation for the tax base revitalization 221.29 account, "total market valuation" means the total market 221.30 valuation of all taxable property within the metropolitan area 221.31 without valuation adjustments for fiscal disparities (chapter 221.32 473F), tax increment financing (sections 469.174 to 469.179), 221.33 and high voltage transmission lines (section 273.425). 221.34 Subd. 5. [STATE REVIEW.] The commissioner of revenue shall 221.35 certify thecouncil'slevy limitation under this section to 221.36 thecouncilmetropolitan county auditors by August 1 of the levy 222.1 year. Thecouncilmetropolitan county auditors must certifyits222.2 their proposed property tax levy to the commissioner of revenue 222.3 by September 1 of the levy year. The commissioner of revenue 222.4 shall annually determine whether the certified property tax for 222.5 the tax base revitalization accountcertified by the222.6metropolitan council for levy following the adoption of its222.7proposed budgetis within the levy limitation imposed by this 222.8 section. The determination must be completed prior to September 222.9 10 of each year. If current information regarding market 222.10 valuation in any county is not transmitted to the commissioner 222.11 in a timely manner, the commissioner may estimate the current 222.12 market valuation within that county for purposes of making the 222.13 calculation. 222.14 Sec. 3. Minnesota Statutes 1996, section 473.253, is 222.15 amended to read: 222.16 473.253 [LIVABLE COMMUNITIES DEMONSTRATION ACCOUNT.] 222.17 Subdivision 1. [SOURCES OF FUNDS.] Thecouncilhousing 222.18 finance agency shall credit to the livable communities 222.19 demonstration account the revenues provided in this 222.20 subdivision. This tax shall be levied and collected in the 222.21 manner provided by section 473.13. The levy shall not exceed 222.22 the following amountfor the years specified: 222.23 (a)(1) for taxes payable in 1996, 50 percent of (i) the222.24metropolitan mosquito control commission's property tax levy for222.25taxes payable in 1995 multiplied by (ii) an index for market222.26valuation changes equal to the total market valuation of all222.27taxable property located within the metropolitan area for the222.28current taxes payable year divided by the total market valuation222.29of all taxable property located in the metropolitan area for the222.30previous taxes payable year; and222.31(2) for taxes payable in 1997 and subsequent years,the 222.32 product of(i)(1) the property tax levy limit under this 222.33 subdivision for the previous year multiplied by(ii)(2) an 222.34 index for market valuation changes equal to the total market 222.35 valuation of all taxable property located within the 222.36 metropolitan area for the current taxes payable year divided by 223.1 the total market valuation of all taxable property located in 223.2 the metropolitan area for the previous taxes payable year. 223.3 For the purposes of this subdivision, "total market 223.4 valuation" means the total market valuation of all taxable 223.5 property within the metropolitan area without valuation 223.6 adjustments for fiscal disparities under chapter 473F, tax 223.7 increment financing under sections 469.174 to 469.179, and high 223.8 voltage transmission lines under section 273.425. 223.9 (b) The metropolitancouncilarea as defined in section 223.10 473.121, subdivision 2, for the purposes of the fund, is 223.11 considered a unique taxing jurisdiction for purposes of 223.12 receiving aid pursuant to section 273.1398.For aid to be223.13received in 1996, the fund's homestead and agricultural credit223.14base shall equal 50 percent of the metropolitan mosquito control223.15commission's certified homestead and agricultural credit aid for223.161995, determined under section 273.1398, subdivision 2, less any223.17permanent aid reduction under section 477A.0132.For aid to be 223.18 received under section 273.1398in 1997 and subsequent years, 223.19 the fund's homestead and agricultural credit base shall be 223.20 determined in accordance with section 273.1398, subdivision 1. 223.21 Subd. 2. [DISTRIBUTION OF FUNDS.] Thecouncilhousing 223.22 finance agency shall use the funds in the livable communities 223.23 demonstration account to make grants or loans to municipalities 223.24 participating in the local housing incentives program under 223.25 section 473.254 or to metropolitan area counties to fund the 223.26 initiatives specified in section 473.25, paragraph (b), in 223.27 participating municipalities. 223.28 Sec. 4. Minnesota Statutes 1996, section 473.254, is 223.29 amended to read: 223.30 473.254 [LOCAL HOUSING INCENTIVES ACCOUNT.] 223.31 Subdivision 1. [PARTICIPATION.] (a) By November 15 of each 223.32 year, a municipality may elect to participate in the local 223.33 housing incentive account program. If a municipality does not 223.34 elect to participate for the year, it is not subject to this 223.35 section. For purposes of this section, municipality means a 223.36 municipality electing to participate in the local housing 224.1 incentive account program, unless the context indicates 224.2 otherwise. 224.3 (b) A municipality that elects to participate may receive 224.4 grants or loans from the tax base revitalization account, 224.5 livable communities demonstration account, or the local housing 224.6 incentive account. A municipality that does not participate is 224.7 not eligible to receive a grant under sections 116J.551 to 224.8 116J.557. Thecouncilhousing finance agency, when making 224.9 discretionary funding decisions, shall give consideration to a 224.10 municipality's participation in the local housing incentives 224.11 program. 224.12 Subd. 2. [AFFORDABLE, LIFE-CYCLE GOALS.] Thecouncil224.13 housing finance agency shall negotiate with each municipality to 224.14 establish affordable and life-cycle housing goals for that 224.15 municipality that are consistent with and promote the 224.16 policiesof the metropolitan council as providedin theadopted224.17 metropolitan development guide.The council shall adopt, by224.18resolution after a public hearing, the negotiated affordable and224.19life-cycle housing goals for each municipality by January 15,224.201996. By June 30, 1996, each municipality shall identify to the224.21council the actions it plans to take to meet the established224.22housing goals.224.23 Subd. 3. [AFFORDABLE, LIFE-CYCLE OPPORTUNITIES AMOUNT.] 224.24 (1) By July 1, 1996, each county assessor shall certify each 224.25 municipality's average residential homestead limited market 224.26 value for the 1994 assessment year, including the value of the 224.27 farm house, garage, and one acre only in the case of farm 224.28 homesteads, multiplied by a factor of two, as the municipality's 224.29 "market value base amount." For 1997 and thereafter, the 224.30 "market value base amount" shall be equal to the product of (i) 224.31 the market value base amount for the previous year multiplied by 224.32 (ii) the annual average United States Consumer Price Index for 224.33 all urban consumers, United States average, as determined by the 224.34 United States Department of Labor, for the previous year divided 224.35 by that annual average for the year before the previous year. 224.36 (2) By July 1, 1996, and each succeeding year the county 225.1 assessor shall determine which homesteads have market values in 225.2 excess of the municipality's market value base amount and the 225.3 county auditor shall certify the aggregate net tax capacity 225.4 corresponding to the amount by which those homesteads' market 225.5 values exceed the municipality's market value base amount as the 225.6 "net tax capacity excess amount" for the assessment year 225.7 corresponding to the current taxes payable year. By July 1, 225.8 1996, the county auditor shall also certify the net tax capacity 225.9 excess amount for taxes payable in 1995. 225.10 (3) By July 1, 1996, and each succeeding year, the county 225.11 auditor shall also certify each municipality's local tax rate 225.12 for the current taxes payable year. 225.13 (4) By July 1, 1996, and each succeeding year, the county 225.14 auditor shall certify for each municipality the amount equal to 225.15 four percent of the municipality's current year total 225.16 residential homestead tax capacity multiplied by the local tax 225.17 rate. 225.18 (5) By August 1, 1996, andeachsucceedingyear, the 225.19metropolitan councilhousing finance agency shall notify each 225.20 municipality of its "affordable and life-cycle housing 225.21 opportunities amount" for the following calendar year equal to 225.22 the lesser of the amount certified under clause (4) or the 225.23 amount, if any, by which the net tax capacity excess amount for 225.24 the current year exceeds the amount for taxes payable in 1995, 225.25 multiplied by the municipality's local tax rate certified in 225.26 clause (3). 225.27 Subd. 4. [AFFORDABLE AND LIFE-CYCLE HOUSING REQUIREMENT.] 225.28 (a) A municipality that is determined by thecouncilhousing 225.29 finance agency to have met its affordable and life-cycle housing 225.30 goals in the previous calendar year may retain the amount 225.31 calculated under subdivision 3 to maintain existing affordable 225.32 and life-cycle housing. 225.33 (b) In 1998, and thereafter, a municipality that is 225.34 determined by thecouncilhousing finance agency not to have met 225.35 the affordable and life-cycle housing goals in the previous 225.36 calendar year, as negotiated and agreed to with thecouncil226.1 housing finance agency, and not to have spent 85 percent of its 226.2 affordable and life-cycle housing opportunities amount to create 226.3 affordable and life-cycle housing opportunities in the previous 226.4 calendar year must do one of the following with the affordable 226.5 and life-cycle housing opportunities amount for the previous 226.6 year as determined under subdivision 3: 226.7 (1) distribute it to the local housing incentives account; 226.8 or 226.9 (2) distribute it to the housing and redevelopment 226.10 authority of the city or county in which the municipality is 226.11 located to create affordable and life-cycle housing 226.12 opportunities in the municipality. 226.13 A municipality may enter into agreements with adjacent 226.14 municipalities to cooperatively provide affordable and 226.15 life-cycle housing. The housing may be provided in any of the 226.16 cooperating municipalities, but must meet the combined housing 226.17 goals of each participating municipality. 226.18 Subd. 5. [SOURCES OF FUNDS.] (a) Thecouncilhousing 226.19 finance agency shall credit to the local housing incentives 226.20 account any revenues derived from municipalities under 226.21 subdivision 4, paragraph (b), clause (1). 226.22 (b) Thecouncilwaste control commissioner shall credit 226.23 $1,000,000 of the proceeds of solid waste bonds issued by 226.24 the metropolitan council under Minnesota Statutes, section 226.25 473.831, before its repeal, to the local housing incentives 226.26 account in the metropolitan livable communities fund to be used 226.27 by the housing finance agency for the purposes for which they 226.28 were issued by the metropolitan council, after the agency 226.29 consults with the office of environmental assistance. In 1998 226.30 and each year thereafter, thecouncil shallhousing finance 226.31 agency may credit up to $1,000,000 oftheits other revenues 226.32generated by the levy authorized in section 473.249to the local 226.33 housing incentives account. 226.34 (c) In 1997, and each year thereafter, thecouncilhousing 226.35 finance agency shall transfer $500,000 from the livable 226.36 communities demonstration account to the local housing 227.1 incentives account. 227.2 Subd. 6. [DISTRIBUTION OF FUNDS.] The funds in the account 227.3 must be distributed annually by thecouncilhousing finance 227.4 agency to municipalities that: 227.5 (1) have not met their affordable and life-cycle housing 227.6 goals as determined by thecouncilhousing finance agency; and 227.7 (2) are actively funding projects designed to help meet the 227.8 goals. 227.9 The funds distributed by thecouncilhousing finance agency 227.10 must be matched on a dollar-for-dollar basis by the municipality 227.11 receiving the funds. When distributing funds in the account, 227.12 thecouncilhousing finance agency must give priority to those 227.13 municipalities that (1) have contribution net tax capacities 227.14 that exceed their distribution net tax capacities by more than 227.15 $200 per household, (2) demonstrate the proposed project will 227.16 link employment opportunities with affordable and life-cycle 227.17 housing, and (3) provide matching funds from a source other than 227.18 the required amount under subdivision 3. For the purposes of 227.19 this subdivision, "municipality" means a statutory or home rule 227.20 charter city or town in the metropolitan area. 227.21 Subd. 7. [REPORT TO COUNCIL.] Beginning January 15, 1998, 227.22 and annually thereafter, each municipality must report to 227.23 thecouncilhousing finance agency the following: 227.24 (1) the tax revenues defined in subdivision 3 that were 227.25 levied in the prior year; 227.26 (2) the portion of the revenues that were spent on meeting 227.27 the municipality's affordable and life-cycle housing goals; and 227.28 (3) information on how the expenditures directly support 227.29 the municipality's efforts to meet its affordable and life-cycle 227.30 housing goals. 227.31 Thecouncilhousing finance agency shall verify each 227.32 municipality's compliance with this subdivision. 227.33 Subd. 8. [LATER ELECTION TO PARTICIPATE.] If a 227.34 municipality did not participate for one or more years and 227.35 elects later to participate, the municipality must establish 227.36 that it has spent or agrees to spend on affordable and 228.1 life-cycle housing, or agrees to distribute to the local housing 228.2 incentives account, an amount equivalent to what it would have 228.3 spent on affordable and life-cycle housing had goals been 228.4 established under this section for the period in which it was 228.5 not participating. Thecouncilhousing finance agency will 228.6 determine which investments count toward the required cumulative 228.7 investment amount by comparing the municipality to participating 228.8 municipalities similar in terms of stage of development and 228.9 demographics. If it determines it to be in the best interests 228.10 of the region, thecouncilhousing finance agency may waive a 228.11 reasonable portion of the cumulative investment amount. 228.12 Subd. 9. [REPORT TO LEGISLATURE.] By February 1 of each 228.13 year, thecouncilhousing finance agency must report to the 228.14 legislature the municipalities that have elected to participate 228.15 and not to participate under subdivision 1. This report must be 228.16 filed as provided in section 3.195. 228.17 Subd. 10. [METRO REPORT CARD.] Themetropolitan228.18councilhousing finance agency shall present to the legislature 228.19 and release to the public by November 15, 1996, and each year 228.20 thereafter a comprehensive report card on affordable and 228.21 life-cycle housing in each municipality in the metropolitan 228.22 area. The report card must include information on government, 228.23 nonprofit, and marketplace efforts. 228.24 Sec. 5. [EFFECTIVE DATE.] 228.25 This article is effective July 1, 1998. 228.26 ARTICLE 10 228.27 METROPOLITAN AREA PUBLIC SAFETY RADIO 228.28 Section 1. Minnesota Statutes 1996, section 473.891, 228.29 subdivision 2, is amended to read: 228.30 Subd. 2. [BOARDCOMMISSIONER.]"Board" or "radio228.31board""Commissioner" means themetropolitan radio228.32boardcommissioner of transportation. 228.33 Sec. 2. Minnesota Statutes 1996, section 473.891, 228.34 subdivision 7, is amended to read: 228.35 Subd. 7. [PLAN.] "Plan" or "regionwide public safety radio 228.36 system communication plan" means the planadopted by the229.1metropolitan radio board for a regionwide public safety radio229.2communications systemdescribed in section 473.894, subdivision 229.3 2. 229.4 Sec. 3. Minnesota Statutes 1996, section 473.894, 229.5 subdivision 1, is amended to read: 229.6 Subdivision 1. [GENERAL.] Theboardcommissioner has the 229.7 powers necessary and convenient to discharge the duties imposed 229.8 onitthe commissioner by law, including those listed in this 229.9 section. 229.10 Sec. 4. Minnesota Statutes 1996, section 473.894, 229.11 subdivision 2, is amended to read: 229.12 Subd. 2. [PLANNINGPLAN.] Theboard shall review and,229.13within 90 days of the effective date of Laws 1995, chapter 195,229.14adopt theregionwide public safety radio system communication 229.15 planprepared by the metropolitan radio systems planning229.16committee pursuant to Laws 1993, chapter 313, section 3,229.17subdivision 2adopted by the commissioner, for using the 800 229.18 megahertz and other frequencies available for public safety 229.19 use. The planmust include, at a minimum: 229.20 (1) a system designrecommended by the Minnesota229.21commissioner of transportationfor the first phase consisting of 229.22 a shared regionwide infrastructure network; 229.23 (2) a system design for subsequent phases; and 229.24 (3) a plan for assignment of frequencies to the regional 229.25 network and to each subsystem. 229.26No later than 30 days prior to adoption of the plan by the229.27board, the board shall submit the plan to the metropolitan229.28council for review in accordance with section 473.165, clause229.29(1). The council may make comments to the board about the plan229.30in accordance with section 473.165, clause (2), except that the229.31deadline for comments shall be made within 30 days after229.32submission of the plan to the council.229.33If, within the 30-day review period, the council has made229.34no comment on the plan or has made no findings as provided in229.35section 473.165, clause (2), the plan shall go into effect as of229.36the date of adoption by the board.230.1If, within the 30-day review period, the council has made230.2findings as provided in section 473.165, clause (2), the board230.3and the council shall follow the procedure provided in section230.4473.165, clause (2). The board may adopt revisions to the plan230.5in the same manner as is provided in this subdivision for230.6adoption of the plan.230.7 Sec. 5. Minnesota Statutes 1996, section 473.894, 230.8 subdivision 3, is amended to read: 230.9 Subd. 3. [APPLICATION TO FCC.]Within 180 days from230.10adoption of the regionwide public safety radio system230.11communication planThe commissionerof transportation, on behalf 230.12 of the state of Minnesota, shall use the plan adoptedby the230.13boardunder subdivision 2 to submit an extended implementation 230.14 application to the Federal Communications Commission (FCC) for 230.15 the NPSPAC channels and other public safety frequencies 230.16 available for use in the metropolitan area and necessary to 230.17 implement the plan. Local governments and all other public or 230.18 private entities eligible under part 90 of the FCC rules shall 230.19 not apply for public safety channels in the 821 to 824 and 866 230.20 to 869 megahertz bands for use within the metropolitan counties 230.21 until the FCC takes final action on the regional application 230.22 submitted under this section. Exceptions to the restrictions on 230.23 the application for the NPSPAC channels may be granted by the 230.24radio boardcommissioner. The Minnesota department of 230.25 transportation shall hold the master system licenses for all 230.26 public safety frequencies assigned to the metropolitan area 230.27 issued by the FCC under theboard'splan and these channels 230.28 shall be used for the implementation of the plan. Local 230.29 governments and other public and private entities eligible under 230.30 part 90 of the FCC rules may apply to the FCC as colicensees for 230.31 subscriber equipment and those portions of the network 230.32 infrastructure owned by them.Application for colicensing under230.33this section shall require the concurrence of the radio board.230.34 Sec. 6. Minnesota Statutes 1996, section 473.894, 230.35 subdivision 4, is amended to read: 230.36 Subd. 4. [PLAN IMPLEMENTATION.] Theboardcommissioner 231.1 shall supervise the implementation of the regionwide public 231.2 safety radio system communication plan adopted under subdivision 231.3 2 and must ensure that the system is built, owned, operated, and 231.4 maintained in accordance with the plan. Theboardcommissioner 231.5 will work with the region 22 NPSPAC committee to incorporate the 231.6board'scommissioner's adopted plan into federal communication 231.7 system regulations. 231.8 Sec. 7. Minnesota Statutes 1996, section 473.894, 231.9 subdivision 5, is amended to read: 231.10 Subd. 5. [REQUIRED MINIMUM LEVEL OF SERVICE FOR LOCAL 231.11 GOVERNMENTS.] Subject to system capacity and channel 231.12 availability, theboardcommissioner shall ensure that all local 231.13 governments, quasi-public service operations, and private 231.14 entities in the metropolitan counties that are eligible to use 231.15 radio frequencies reserved for public safety use have adequate 231.16 communications capacity and intercommunications capability. 231.17 Sec. 8. Minnesota Statutes 1996, section 473.894, 231.18 subdivision 6, is amended to read: 231.19 Subd. 6. [BACKBONE AND SUBSYSTEMS.] In the regionwide 231.20 public safety radio system communication plan, the 231.21boardcommissioner shall define the backbone consistent withthe231.22recommendations made by the commissioner of transportation and231.23 the subsystems of the system, the timing and phasing of system 231.24 development, the geographic scope of the system, the timing and 231.25 extent of participation in the system including participation by 231.26 additional entities, and standards for system performance. 231.27 System performance standards shall be developedin consultation231.28withby the commissionerof transportation. The initial 231.29 backbone shall serve state and regional agencies and shall 231.30 include capabilities for regionwide mutual aid and emergency 231.31 medical services communications and potentially provide 231.32 alternative routing for 911 services. 231.33 Sec. 9. Minnesota Statutes 1996, section 473.894, 231.34 subdivision 7, is amended to read: 231.35 Subd. 7. [EXISTING CHANNEL ALLOCATION.] The 231.36boardcommissioner shall coordinate allocation of existing radio 232.1 channels made available to theboardcommissioner by conversion 232.2 to 800 megahertz or other public safety frequencies. 232.3 Sec. 10. Minnesota Statutes 1996, section 473.894, 232.4 subdivision 8, is amended to read: 232.5 Subd. 8. [COST APPORTIONMENT.] Theboardcommissioner 232.6 shall determine how capital, operating, and administrative costs 232.7 of the first phase system will be spread across users of the 232.8 regionwide public safety radio communication system, including 232.9 costs for additional participants. 232.10 Sec. 11. Minnesota Statutes 1996, section 473.894, 232.11 subdivision 9, is amended to read: 232.12 Subd. 9. [EXCESS CAPACITY ALLOCATION.] Theboard232.13 commissioner shall determine how excess capacity provided in the 232.14 initial system design in the regionwide public safety radio 232.15 communication system will be allocated. 232.16 Sec. 12. Minnesota Statutes 1996, section 473.894, 232.17 subdivision 10, is amended to read: 232.18 Subd. 10. [SYSTEM ENHANCEMENT REGULATION.] The 232.19boardcommissioner shall determine the extent to which local 232.20 governments, quasi-public service corporations, and private 232.21 entities eligible to use the system may provide system 232.22 enhancements at their own direct expense. 232.23 Sec. 13. Minnesota Statutes 1996, section 473.894, 232.24 subdivision 11, is amended to read: 232.25 Subd. 11. [STANDARDS.] Theboardcommissioner is 232.26 authorized to set or adopt performance and technical standards 232.27 for operation of the backbone and subsystems and may modify 232.28 standards as necessary to meet changing needs. 232.29 Sec. 14. Minnesota Statutes 1996, section 473.894, 232.30 subdivision 12, is amended to read: 232.31 Subd. 12. [USE PRIORITIES.] Theboardcommissioner shall 232.32 establish priorities or protocols for use of the system. 232.33 Sec. 15. Minnesota Statutes 1996, section 473.894, 232.34 subdivision 13, is amended to read: 232.35 Subd. 13. [FIRST PHASE CONSTRUCTION.]In order to232.36implement the first phase backbone, the board shall contract233.1with the state of Minnesota, through the commissioner of233.2transportation for construction, ownership, operation,233.3maintenance, and enhancement of these elements of the first233.4phase backbone as defined in the plan.The commissioner, under 233.5 appropriate state law, shall contract for, or procure by 233.6 purchase or lease, (including joint purchase and lease 233.7 agreements), construction, installation of materials, supplies 233.8 and equipment, and other services as may be needed to build, 233.9 operate, and maintain the first phase system network.In233.10accordance with the terms of the contract entered into with the233.11radio board under this subdivision,The department of 233.12 transportation will own, operate, and maintain those elements 233.13 identifiedby the radio boardin the plan as the first phase. 233.14 The state will finance and pay for its share of the first phase. 233.15 Sec. 16. Minnesota Statutes 1996, section 473.894, 233.16 subdivision 15, is amended to read: 233.17 Subd. 15. [SYSTEM USE BY NONGOVERNMENTAL ENTITIES.] The 233.18boardcommissioner may contract with entities in the 233.19 metropolitan counties eligible to use the public safety channels 233.20 other than local governments, to provide them with public safety 233.21 radio communication service. Theboardcommissioner may 233.22 contract with eligible jurisdictions and entities outside the 233.23 metropolitan counties for inclusion in the regionwide public 233.24 safety radio communication system. 233.25 Sec. 17. Minnesota Statutes 1996, section 473.894, 233.26 subdivision 19, is amended to read: 233.27 Subd. 19. [USER FEES.] In accordance with the plan 233.28 authorized in subdivision 2, theboardcommissioner may 233.29 establish and impose user fees on entities using the first phase 233.30 system to cover theboard'scosts of implementing the plan and 233.31 the costs of operating the first phase system in the 233.32 metropolitan area.The metropolitan council will collect the233.33user fees.233.34 Sec. 18. Minnesota Statutes 1996, section 473.894, 233.35 subdivision 20, is amended to read: 233.36 Subd. 20. [TECHNICAL OPERATIONS COMMITTEE.] The 234.1boardcommissioner shall establish a technical operations 234.2 committee composed of representatives of the following 234.3 functional categories to adviseitthe commissioner in carrying 234.4 outitsthe purposes of sections 473.891 to 473.905: 234.5 (1) Minnesota department of public safety; 234.6 (2) Minnesota department of transportation; 234.7 (3) sheriffs; 234.8 (4) police; 234.9 (5) fire protection; 234.10 (6) emergency medical service; 234.11 (7) public works; 234.12 (8) civil defense; 234.13 (9) metro 911 telephone board; 234.14 (10) entities using 800 megahertz prior to initiation of 234.15 the regional system; 234.16 (11) managers or purchasing agents possessing expertise 234.17 from a general perspective; 234.18 (12) representatives of local units of government; and 234.19 (13) regionwide public safety radio communication system 234.20 users. 234.21 The members of the technical operations committee serve without 234.22 compensation.The chair of the technical operations committee234.23is an ex officio member of the radio board.234.24 Sec. 19. Minnesota Statutes 1996, section 473.894, 234.25 subdivision 21, is amended to read: 234.26 Subd. 21. [CONTRACTS.] Theboardcommissioner may enter 234.27 into contracts necessary to carry out its responsibilities under 234.28 sections 473.891 to 473.905. 234.29 Sec. 20. Minnesota Statutes 1996, section 473.894, 234.30 subdivision 22, is amended to read: 234.31 Subd. 22. [PROPERTY.] Theboardcommissioner may acquire 234.32 by purchase, lease, gift, or grant, property, both real and 234.33 personal, and interests in property necessary for the 234.34 accomplishment ofitsthe purposes of sections 473.891 to 234.35 473.905 and may sell or otherwise dispose of property whichit234.36 is no longerrequiresrequired. 235.1 Sec. 21. Minnesota Statutes 1996, section 473.894, 235.2 subdivision 23, is amended to read: 235.3 Subd. 23. [GIFTS; GRANTS.] Theboardcommissioner may 235.4 apply for, accept, and disburse gifts, grants, or loans from the 235.5 United States, the state, or from any person for any ofitsthe 235.6 purposes of sections 473.891 to 473.905.ItThe commissioner 235.7 may enter into an agreement required for the gifts, grants, or 235.8 loans and may hold, use, and dispose of money or property 235.9 received according to the terms of the gift, grant, or loan. 235.10 Sec. 22. Minnesota Statutes 1996, section 473.894, 235.11 subdivision 24, is amended to read: 235.12 Subd. 24. [AUTHORITY TO LITIGATE.] Theboardcommissioner 235.13 may sue and be sued. 235.14 Sec. 23. Minnesota Statutes 1996, section 473.897, 235.15 subdivision 1, is amended to read: 235.16 Subdivision 1. [BUDGET PREPARATION; REVIEW AND APPROVAL.] 235.17 Theboardcommissioner shall prepare a proposed budget by August 235.18 1 of each year. The budget shall include operating revenues and 235.19 expenditures for operation, administration, and maintenance. In 235.20 addition, the budget must show for each fiscal year of the state 235.21 biennium: 235.22 (1) the estimated operating revenues from all sources 235.23 including funds on hand at the beginning of the year, and 235.24 estimated expenditures for costs of operation, administration, 235.25 maintenance, and debt service; 235.26 (2) capital improvement funds estimated to be on hand at 235.27 the beginning of the year and estimated to be received during 235.28 the year from all sources and estimated cost of capital 235.29 improvements to be paid out or expended during the year, all in235.30such detail and form as the council may prescribe; and 235.31 (3) the estimated source and use of pass-through funds. 235.32 As early as practicable before August 15 of each year, the 235.33boardcommissioner shall hold a public hearing on a draft of the 235.34 proposed budget. Along with the draft, theboardcommissioner 235.35 shall publish a report on user charges. The report must include 235.36 an estimated analysis of the changes in user charges, rates, and 236.1 fees that will be required by theboard'scommissioner's 236.2 budget. Not less than 14 days before the hearing, theboard236.3 commissioner shall publish notice of the hearing in a newspaper 236.4 having general circulation in the metropolitan area, stating the 236.5 date, time, and place of hearing, and the place where the 236.6 proposed budget and report on user charges may be examined by 236.7 any interested person. 236.8 Following the hearing, theboardcommissioner shall publish 236.9 a report of the hearing that summarizes the comments received 236.10 andboard'scommissioner's response.The council shall approve236.11or disapprove the entire budget by October 1 of each year. The236.12council may disapprove only if the budget does not have adequate236.13reserves to meet debt service. If the council disapproves the236.14budget in accordance with this subdivision, the board shall, by236.15November 1, resubmit to the council for approval, a budget which236.16meets the requirements for council approval as provided in this236.17subdivision. The council shall approve or disapprove the entire236.18resubmitted budget by December 1.236.19 Before December 15 of each year, theboardcommissioner 236.20 shall, by resolution,adopt a final budget.The board shall236.21file its final budget with the council on or before December 20236.22of each year.Thecouncilcommissioner shall file the budgets 236.23 with the secretary of the senate and the clerk of the house of 236.24 representatives not later than January 1 of each year.Before236.25adoption, the board must submit any budget amendment which would236.26affect debt service reserves to the council for review. The236.27council has 15 days to approve or disapprove the amendment. The236.28council shall disapprove the budget amendment only if the budget236.29does not have adequate reserves to meet debt service.236.30Except in an emergency, for which procedures must be236.31established by the board, the board and its officers, agents,236.32and employees may not spend money for any purpose, other than236.33debt service, without an appropriation by the board, and no236.34obligation to make such an expenditure shall be enforceable236.35except as the obligation of the person or persons incurring it.236.36The creation of any debt obligation or the receipt of any237.1federal or state grant is a sufficient appropriation of the237.2proceeds for the purpose for which it is authorized, and of the237.3tax or other revenues pledged to pay the obligation and interest237.4on it whether or not specifically included in any annual budget.237.5After obtaining the approval of the council, the board may amend237.6the budget at any time by transferring any appropriation from237.7one purpose to another, except appropriations of the proceeds of237.8bonds issued for a specific purpose. The council shall237.9disapprove only if the amended budget does not have adequate237.10reserves to meet debt service.237.11 Sec. 24. Minnesota Statutes 1996, section 473.897, 237.12 subdivision 2, is amended to read: 237.13 Subd. 2. [PROGRAM EVALUATION.] The budget procedure of the 237.14boardcommissioner must include a substantive assessment and 237.15 evaluation of the effectiveness of each significant part of the 237.16 regionwide public safety radio communication system 237.17 implementation planadopted by the boardwith, to the extent 237.18 possible, quantitative information on the status, progress, 237.19 costs, benefits, and effects of each program. 237.20The board shall transmit the evaluation to the metropolitan237.21council annually.237.22 Sec. 25. Minnesota Statutes 1996, section 473.897, 237.23 subdivision 4, is amended to read: 237.24 Subd. 4. [RESALE OF SERVICES OR CAPACITY PROHIBITED.] 237.25 Neither thecouncil, the board, orcommissioner nor any local 237.26 government unit may resell any service or capacity of this 237.27 system to a nonpublic entity, except for those private entities 237.28 eligible to hold Federal Communications Commission licenses in 237.29 the public safety and special emergency radio services, as 237.30 defined in the Code of Federal Regulations, title 47, part 90 237.31 (1994). 237.32 Sec. 26. Minnesota Statutes 1996, section 473.901, 237.33 subdivision 2, is amended to read: 237.34 Subd. 2. [ANNUAL BUDGETOF RADIO BOARD.] Themetropolitan237.35councilcommissioner shall transmit the annualbudget of the237.36radio boardcosts, defined in subdivision 1, to the commissioner 238.1 of administration no later than December 15 of each year. The 238.2 commissioner of administration shall include eligible costs for 238.3 the regionwide public safety communication system in its request 238.4 for legislative appropriations from the 911 emergency telephone 238.5 service fee account.All eligible costs approved by the radio238.6board shall be included in the commissioner of administration's238.7appropriation request.238.8 Sec. 27. Minnesota Statutes 1996, section 473.901, 238.9 subdivision 3, is amended to read: 238.10 Subd. 3. [APPROPRIATION TRANSFERS.] Each month, before the 238.11 25th day of the month, the commissioner of administration shall 238.12 transmit to themetropolitan councilcommissioner 1/12 of its 238.13 total approved appropriation for the regionwide public safety 238.14 communication system. 238.15 Sec. 28. Minnesota Statutes 1996, section 473.902, 238.16 subdivision 1, is amended to read: 238.17 Subdivision 1. [ALLOCATION OF OPERATING COSTS.] The 238.18 current costs of theboardcommissioner in implementing 238.19 regionwide public safety radio communication plan system and the 238.20 first phase system shall be allocated among and paid by the 238.21 following users, all in accordance with the regionwide public 238.22 safety radio system communication plan adopted by theboard238.23 commissioner: 238.24 (1) the state of Minnesota for its operations using the 238.25 system in the metropolitan counties; 238.26 (2) all local government units using the system; and 238.27 (3) other eligible users of the system. 238.28 Sec. 29. Minnesota Statutes 1996, section 473.902, 238.29 subdivision 2, is amended to read: 238.30 Subd. 2. [PAYMENTS TORADIO BOARDCOMMISSIONER; AMOUNTS 238.31 DUEBOARDCOMMISSIONER WHEN PAYABLE.] Charges payable to 238.32 theboardcommissioner by users of the system may be made 238.33 payable at those times during each year as the 238.34boardcommissioner determines, but those dates shall be fixed 238.35 with reference to the dates on which tax, assessment, and 238.36 revenue collections become available to the government units 239.1 required to pay such charges. 239.2 Sec. 30. Minnesota Statutes 1996, section 473.902, 239.3 subdivision 3, is amended to read: 239.4 Subd. 3. [COMPONENT MUNICIPALITIES OBLIGATIONS TO 239.5BOARDCOMMISSIONER.] Each local government and other eligible 239.6 users of the first phase system shall pay to theboard239.7 commissioner all sums charged to it under this section, at the 239.8 times and in the manner determined by theboardcommissioner. 239.9 The governing body of each local government shall take all 239.10 action that may be necessary to provide the funds required for 239.11 these payments and to make them when due. 239.12 Sec. 31. Minnesota Statutes 1996, section 473.902, 239.13 subdivision 4, is amended to read: 239.14 Subd. 4. [POWERS OF GOVERNMENT UNITS.] To accomplish any 239.15 duty imposed on it by thecouncil or radio boardcommissioner, 239.16 the governing body of every local government in the metropolitan 239.17 area may exercise the powers granted any municipality by 239.18 chapters 117, 412, 429, 475, and by sections 115.46, 444.075, 239.19 and 471.59. 239.20 Sec. 32. Minnesota Statutes 1996, section 473.902, 239.21 subdivision 5, is amended to read: 239.22 Subd. 5. [DEFICIENCY TAX LEVIES.] If the governing body of 239.23 any local government using the first phase system fails to meet 239.24 any payment to theboardcommissioner under subdivision 1 when 239.25 due, themetropolitan councilcommissioner may certify to the 239.26 auditor of the county in which the government unit is located 239.27 the amount required for payment of the amount due with interest 239.28 at six percent per year. The auditor shall levy and extend the 239.29 amount due, with interest, as a tax upon all taxable property in 239.30 the government unit for the next calendar year, free from any 239.31 existing limitations imposed by law or charter. This tax shall 239.32 be collected in the same manner as the general taxes of the 239.33 government unit, and the proceeds of the tax, when collected, 239.34 shall be paid by the county treasurer to theboardcommissioner 239.35 and credited to the government unit for which the tax was levied. 239.36 Sec. 33. Minnesota Statutes 1996, section 473.904, 240.1 subdivision 1, is amended to read: 240.2 Subdivision 1. [COUNTY PLANNING PROCESS.] No later than 240.3 two years from May 22, 1995, each metropolitan county shall 240.4 undertake and complete a planning process for its public safety 240.5 radio subsystem to ensure participation by representatives of 240.6 local government units, quasi-public service organizations, and 240.7 private entities eligible to use the regional public safety 240.8 radio system and to ensure coordination and planning of the 240.9 local subsystems. Local governments and other eligible users 240.10 shall cooperate with the county in its preparation of the 240.11 subsystem plan to ensure that local needs are met. Theradio240.12boardcommissioner shall encourage the establishment by each 240.13 metropolitan county of local public safety radio subsystem 240.14 committees composed of representatives of local governments and 240.15 other eligible users for the purposes of: 240.16 (1) establishing a plan for coordinated and timely use of 240.17 the regionwide public safety radio system by the local 240.18 governments and other eligible users within each metropolitan 240.19 county; and 240.20 (2) assisting and advising theboardcommissioner inits240.21 the implementation of the regional public safety radio plan by 240.22 identification of local service needs and objectives. 240.23 Theboardcommissioner shall also encourage the 240.24 establishment of joint or multicounty planning for the 240.25 regionwide public safety radio system and subsystems. 240.26 Theboardcommissioner may provide local boards with 240.27 whatever assistance it deems necessary and appropriate. 240.28 No metropolitan county or city of the first class shall be 240.29 required to undertake a technical subsystem design to meet the 240.30 planning process requirements of this subdivision or subdivision 240.31 2. 240.32 Sec. 34. Minnesota Statutes 1996, section 473.904, 240.33 subdivision 3, is amended to read: 240.34 Subd. 3. [SUBMISSION OF PLANS TOBOARDCOMMISSIONER.] Each 240.35 metropolitan county and each city of the first class in the 240.36 metropolitan area which has chosen to develop its own plan shall 241.1 submit the plan to theboardcommissioner for theboard's241.2 commissioner's review and approval. 241.3 Sec. 35. Minnesota Statutes 1996, section 473.904, 241.4 subdivision 4, is amended to read: 241.5 Subd. 4. [LOCAL GOVERNMENT JOINDER.] Local government 241.6 units, except for cities of the first class, quasi-public 241.7 service organizations, and private entities eligible to use the 241.8 regional public safety radio system cannot join the system until 241.9 its county plan has been approved by theboardcommissioner. 241.10 Sec. 36. Minnesota Statutes 1996, section 473.905, 241.11 subdivision 2, is amended to read: 241.12 Subd. 2. [REQUIREMENTS TO JOIN.] Local governments and 241.13 other entities eligible to join the regional public safety radio 241.14 system which elect to join the system must do so in accordance 241.15 with and meet the requirements of the provisions of the plan 241.16 adopted by theradio boardcommissioner as provided in section 241.17 473.894, subdivision 2. 241.18 Sec. 37. [TRANSFER OF POWERS, LIABILITIES, AND ASSETS.] 241.19 The powers and duties of the metropolitan council and the 241.20 metropolitan radio board with respect to the regional public 241.21 safety radio system are transferred to the commissioner of 241.22 transportation. 241.23 Except as otherwise provided in this act, the provisions of 241.24 Minnesota Statutes, section 15.039, relating to transfer of 241.25 powers among agencies, shall apply to the transfer of the powers 241.26 and duties of the metropolitan council and metropolitan radio 241.27 board to the commissioner of transportation, to the extent 241.28 practicable. 241.29 Sec. 38. [BONDS.] 241.30 Bonds or other debt authorized by Minnesota Statutes, 241.31 sections 473.898 and 473.903 that are outstanding on the 241.32 effective date of this section must be paid and retired 241.33 according to those sections and the terms of the bonds. The 241.34 auditors of the metropolitan counties shall see to the 241.35 administration of this section. 241.36 Sec. 39. [REPEALER.] 242.1 Minnesota Statutes 1996, sections 473.893; 473.894, 242.2 subdivisions 14, 16, 17, and 18; 473.895; 473.896; 473.897, 242.3 subdivision 3; 473.898; 473.899; 473.900; and 473.903, are 242.4 repealed. 242.5 Sec. 40. [EFFECTIVE DATE.] 242.6 This article is effective July 1, 1998. 242.7 ARTICLE 11 242.8 FISCAL DISPARITIES 242.9 Section 1. Minnesota Statutes 1996, section 473F.02, 242.10 subdivision 7, is amended to read: 242.11 Subd. 7. [POPULATION.] "Population" means the most recent 242.12 estimate of the population of a municipality made by the 242.13metropolitan councilstate demographer and filed with the 242.14 commissioner of revenue. Thecouncilstate demographer shall 242.15 annually estimate the population of each municipality as of a 242.16 date which it determines and, in the case of a municipality 242.17 which is located partly within and partly without the area, the 242.18 proportion of the total which resides within the area, and shall 242.19 promptly thereafter file its estimates with the commissioner of 242.20 revenue. 242.21 Sec. 2. Minnesota Statutes 1996, section 473F.02, 242.22 subdivision 8, is amended to read: 242.23 Subd. 8. [MUNICIPALITY.] "Municipality" means a city, 242.24 town, or township located in whole or part within the area, but 242.25 not the cities of New Prague or Northfield. If a municipality 242.26 is located partly within and partly without the area, the 242.27 references in sections 473F.01 to 473F.13 to property or any 242.28 portion thereof subject to taxation or taxing jurisdiction 242.29 within the municipality are to such property or portion thereof 242.30 as is located in that portion of the municipality within the 242.31 area, except that the fiscal capacity of such a municipality 242.32 shall be computed upon the basis of the valuation and population 242.33 of the entire municipality. 242.34 A municipality shall be excluded from the area if its 242.35 municipal comprehensive zoning and planning policies 242.36 conscientiously exclude most commercial-industrial development, 243.1 for reasons other than preserving an agricultural use. The 243.2metropolitan councildirector of the office of strategic and 243.3 long-range planning and the commissioner of revenue shall 243.4 jointly make this determination annually and shall notify those 243.5 municipalities that are ineligible to participate in the tax 243.6 base sharing program provided in this chapter for the following 243.7 year. 243.8 Sec. 3. Minnesota Statutes 1996, section 473F.08, 243.9 subdivision 5, is amended to read: 243.10 Subd. 5. [AREAWIDE TAX RATE.] On or before August 25 of 243.11 each year, the county auditor shall certify to the 243.12 administrative auditor that portion of the levy of each 243.13 governmental unit determined under subdivisions 3, clause 243.14 (a), and 3a, and 3b. The administrative auditor shall then 243.15 determine the areawide tax rate sufficient to yield an amount 243.16 equal to the sum of such levies from the areawide net tax 243.17 capacity. On or before September 1 of each year, the 243.18 administrative auditor shall certify the areawide tax rate to 243.19 each of the county auditors. 243.20 Sec. 4. Minnesota Statutes 1996, section 473F.08, 243.21 subdivision 7a, is amended to read: 243.22 Subd. 7a. [CERTIFICATION OF VALUES; PAYMENT.] The 243.23 administrative auditor shall determine for each county the 243.24 difference between the total levy on distribution value pursuant 243.25 to subdivisions 3, clause (a), and 3a, and 3b, within the county 243.26 and the total tax on contribution value pursuant to subdivision 243.27 6, within the county. On or before May 16 of each year, the 243.28 administrative auditor shall certify the differences so 243.29 determined to each county auditor. In addition, the 243.30 administrative auditor shall certify to those county auditors 243.31 for whose county the total tax on contribution value exceeds the 243.32 total levy on distribution value the settlement the county is to 243.33 make to the other counties of the excess of the total tax on 243.34 contribution value over the total levy on distribution value in 243.35 the county. On or before June 15 and November 15 of each year, 243.36 each county treasurer in a county having a total tax on 244.1 contribution value in excess of the total levy on distribution 244.2 value shall pay one-half of the excess to the other counties in 244.3 accordance with the administrative auditors certification. 244.4 Sec. 5. Minnesota Statutes 1996, section 473F.13, is 244.5 amended to read: 244.6 473F.13 [CHANGE IN STATUS OF MUNICIPALITY.] 244.7 Subdivision 1. [CERTIFICATION OF CHANGE IN STATUS.] If a 244.8 municipality is dissolved, is consolidated with all or part of 244.9 another municipality, annexes territory, has a portion of its 244.10 territory detached from it, or is newly incorporated, the 244.11 secretary of state shall immediately certify that fact to the 244.12 commissioner of revenue. The secretary of state shall also 244.13 certify to the commissioner of revenue the current population of 244.14 the new, enlarged, or successor municipality, if determined by 244.15 the Minnesota municipal board incident to consolidation, 244.16 annexation, or incorporation proceedings. The population so 244.17 certified shall govern for purposes of sections 473F.01 to 244.18 473F.13 until themetropolitan councilstate demographer files 244.19 its first population estimate as of a later date with the 244.20 commissioner of revenue. If an annexation of unincorporated 244.21 land occurs without proceedings before the Minnesota municipal 244.22 board, the population of the annexing municipality as previously 244.23 determined shall continue to govern for purposes of sections 244.24 473F.01 to 473F.13 until themetropolitan councilstate 244.25 demographer files its first population estimate as of a later 244.26 date with the commissioner of revenue. 244.27 Sec. 6. [REPEALER.] 244.28 Minnesota Statutes 1996, sections 473F.02, subdivision 21; 244.29 and 473F.08, subdivision 3b, are repealed. 244.30 Sec. 7. [EFFECTIVE DATE.] 244.31 This article is effective for taxes levied in 1998, payable 244.32 in 1999 and subsequent years. 244.33 ARTICLE 12 244.34 AGRICULTURAL PRESERVES 244.35 Section 1. Minnesota Statutes 1996, section 473H.04, 244.36 subdivision 3, is amended to read: 245.1 Subd. 3. The authority shall provide themetropolitan245.2counciloffice of strategic and long-range planning with 245.3 suitable maps showing any lands certified eligible pursuant to 245.4 subdivision 1 or decertified pursuant to subdivision 2. 245.5 Themetropolitan counciloffice shall maintain maps of the 245.6 metropolitan area showing all certified long term agricultural 245.7 lands. 245.8 Sec. 2. Minnesota Statutes 1996, section 473H.06, 245.9 subdivision 1, is amended to read: 245.10 Subdivision 1. Upon receipt of an application, the 245.11 authority shall determine if all material required in section 245.12 473H.05 has been submitted and, if so, shall determine that the 245.13 application is complete. When used in this chapter, the term 245.14 "date of application" means the date the application is 245.15 determined complete by the authority. Within five days of the 245.16 date of application, the authority shall forward the completed 245.17 and signed application to the county recorder, together with the 245.18 owner's duplicate certificate of title in the case of registered 245.19 property, and copies to the county auditor, the county assessor, 245.20 themetropolitan counciloffice of strategic and long-range 245.21 planning, and the county soil and water conservation district. 245.22 Sec. 3. Minnesota Statutes 1996, section 473H.06, 245.23 subdivision 5, is amended to read: 245.24 Subd. 5. Themetropolitan counciloffice of strategic and 245.25 long-range planning shall maintain agricultural preserve maps, 245.26 illustrating (a) certified long term agricultural lands; and (b) 245.27 lands covenanted as agricultural preserves. Thecounciloffice 245.28 shall make yearly reports to the department of agriculture and 245.29 such other agencies as thecounciloffice deems appropriate. 245.30 Sec. 4. Minnesota Statutes 1996, section 473H.08, 245.31 subdivision 4, is amended to read: 245.32 Subd. 4. Upon receipt of the notice provided in 245.33 subdivision 2, or upon notice served by the authority as 245.34 provided in subdivision 3, the authority shall forward the 245.35 original notice to the county recorder for recording and shall 245.36 notify the county auditor, county assessor,the metropolitan246.1counciloffice of strategic and long-range planning, and the 246.2 county soil and water conservation district of the date of 246.3 expiration. Designation as an agricultural preserve and all 246.4 benefits and limitations accruing through sections 473H.02 to 246.5 473H.17 for the preserve shall cease on the date of expiration. 246.6 The restrictive covenant filed with the application shall 246.7 terminate on the date of expiration. 246.8 Sec. 5. [EFFECTIVE DATE.] 246.9 This article is effective July 1, 1998. 246.10 ARTICLE 13 246.11 PROPERTY TAX PROHIBITION 246.12 Section 1. [FUTURE LEVIES PROHIBITED.] 246.13 Unless expressly authorized in this act, the metropolitan 246.14 council or any metropolitan agency or commission must not levy 246.15 property taxes after 1996, payable after 1997. 246.16 ARTICLE 14 246.17 CONFORMING AMENDMENTS 246.18 Section 1. [REVISOR'S INSTRUCTION.] 246.19 The revisor of statutes shall include in a revisor's bill, 246.20 or other appropriate bill in the 1998 legislative session, 246.21 conforming amendments to sections referring to sections of 246.22 Minnesota Statutes repealed in this act. 246.23 ARTICLE 15 246.24 APPLICATION 246.25 Section 1. [METRO COUNTIES.] 246.26 Unless the context indicates otherwise, this act applies in 246.27 the counties of Anoka, Carver, Dakota, Hennepin, Ramsey, Scott, 246.28 and Washington.