HF 785

as introduced - 83rd Legislature (2003 - 2004) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to metropolitan government; eliminating 
  1.3             certain reporting requirements; abolishing the 
  1.4             metropolitan parks and open space commission; 
  1.5             providing for the direct charging by the metropolitan 
  1.6             council of industrial dischargers for certain 
  1.7             wastewater treatment user fees; removing an obsolete 
  1.8             requirement for metropolitan school districts to 
  1.9             submit capital improvement plans to the metropolitan 
  1.10            council for review; making conforming changes; 
  1.11            amending Minnesota Statutes 2002, sections 352.01, 
  1.12            subdivision 2a; 473.121, subdivision 5a; 473.13, 
  1.13            subdivision 1; 473.143, subdivision 1; 473.147; 
  1.14            473.313, subdivision 2; 473.315, subdivision 1; 
  1.15            473.333; 473.351, subdivision 3; 473.517, by adding a 
  1.16            subdivision; repealing Minnesota Statutes 2002, 
  1.17            sections 473.121, subdivision 12; 473.1623; 473.301, 
  1.18            subdivision 4; 473.303; 473.704, subdivision 19; 
  1.19            473.863. 
  1.20  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.21     Section 1.  Minnesota Statutes 2002, section 352.01, 
  1.22  subdivision 2a, is amended to read: 
  1.23     Subd. 2a.  [INCLUDED EMPLOYEES.] (a) "State employee" 
  1.24  includes: 
  1.25     (1) employees of the Minnesota historical society; 
  1.26     (2) employees of the state horticultural society; 
  1.27     (3) employees of the Disabled American Veterans, Department 
  1.28  of Minnesota, Veterans of Foreign Wars, Department of Minnesota, 
  1.29  if employed before July 1, 1963; 
  1.30     (4) employees of the Minnesota crop improvement 
  1.31  association; 
  1.32     (5) employees of the adjutant general who are paid from 
  2.1   federal funds and who are not covered by any federal civilian 
  2.2   employees retirement system; 
  2.3      (6) employees of the Minnesota state colleges and 
  2.4   universities employed under the university or college activities 
  2.5   program; 
  2.6      (7) currently contributing employees covered by the system 
  2.7   who are temporarily employed by the legislature during a 
  2.8   legislative session or any currently contributing employee 
  2.9   employed for any special service as defined in subdivision 2b, 
  2.10  clause (8); 
  2.11     (8) employees of the armory building commission; 
  2.12     (9) employees of the legislature appointed without a limit 
  2.13  on the duration of their employment and persons employed or 
  2.14  designated by the legislature or by a legislative committee or 
  2.15  commission or other competent authority to conduct a special 
  2.16  inquiry, investigation, examination, or installation; 
  2.17     (10) trainees who are employed on a full-time established 
  2.18  training program performing the duties of the classified 
  2.19  position for which they will be eligible to receive immediate 
  2.20  appointment at the completion of the training period; 
  2.21     (11) employees of the Minnesota safety council; 
  2.22     (12) any employees on authorized leave of absence from the 
  2.23  transit operating division of the former metropolitan transit 
  2.24  commission who are employed by the labor organization which is 
  2.25  the exclusive bargaining agent representing employees of the 
  2.26  transit operating division; 
  2.27     (13) employees of the metropolitan council, metropolitan 
  2.28  parks and open space commission, metropolitan sports facilities 
  2.29  commission, metropolitan mosquito control commission, or 
  2.30  metropolitan radio board unless excluded or covered by another 
  2.31  public pension fund or plan under section 473.415, subdivision 
  2.32  3; 
  2.33     (14) judges of the tax court; 
  2.34     (15) personnel employed on June 30, 1992, by the University 
  2.35  of Minnesota in the management, operation, or maintenance of its 
  2.36  heating plant facilities, whose employment transfers to an 
  3.1   employer assuming operation of the heating plant facilities, so 
  3.2   long as the person is employed at the University of Minnesota 
  3.3   heating plant by that employer or by its successor organization; 
  3.4   and 
  3.5      (16) seasonal help in the classified service employed by 
  3.6   the department of revenue. 
  3.7      (b) Employees specified in paragraph (a), clause (15), are 
  3.8   included employees under paragraph (a) if employer and employee 
  3.9   contributions are made in a timely manner in the amounts 
  3.10  required by section 352.04.  Employee contributions must be 
  3.11  deducted from salary.  Employer contributions are the sole 
  3.12  obligation of the employer assuming operation of the University 
  3.13  of Minnesota heating plant facilities or any successor 
  3.14  organizations to that employer. 
  3.15     Sec. 2.  Minnesota Statutes 2002, section 473.121, 
  3.16  subdivision 5a, is amended to read: 
  3.17     Subd. 5a.  [METROPOLITAN AGENCY.] "Metropolitan agency" 
  3.18  means the metropolitan parks and open space commission, 
  3.19  metropolitan airports commission, and metropolitan sports 
  3.20  facilities commission. 
  3.21     Sec. 3.  Minnesota Statutes 2002, section 473.13, 
  3.22  subdivision 1, is amended to read: 
  3.23     Subdivision 1.  [BUDGET.] (a) On or before December 20 of 
  3.24  each year the council, after the public hearing required in 
  3.25  section 275.065, shall adopt a final budget covering its 
  3.26  anticipated receipts and disbursements for the ensuing year and 
  3.27  shall decide upon the total amount necessary to be raised from 
  3.28  ad valorem tax levies to meet its budget.  The budget shall 
  3.29  state in detail the expenditures for each program to be 
  3.30  undertaken, including the expenses for salaries, consultant 
  3.31  services, overhead, travel, printing, and other items.  The 
  3.32  budget shall state in detail the capital expenditures of the 
  3.33  council for the budget year, based on a five-year capital 
  3.34  program adopted by the council and transmitted to the 
  3.35  legislature.  After adoption of the budget and no later than 
  3.36  five working days after December 20, the council shall certify 
  4.1   to the auditor of each metropolitan county the share of the tax 
  4.2   to be levied within that county, which must be an amount bearing 
  4.3   the same proportion to the total levy agreed on by the council 
  4.4   as the net tax capacity of the county bears to the net tax 
  4.5   capacity of the metropolitan area.  The maximum amount of any 
  4.6   levy made for the purpose of this chapter may not exceed the 
  4.7   limits set by the statute authorizing the levy. 
  4.8      (b) Each even-numbered year the council shall prepare for 
  4.9   its transit programs a financial plan for the succeeding three 
  4.10  calendar years, in half-year segments.  The financial plan must 
  4.11  contain the elements specified in section 473.1623, subdivision 
  4.12  3.  The financial plan must contain schedules of user charges 
  4.13  and any changes in user charges planned or anticipated by the 
  4.14  council during the period of the plan.  The financial plan must 
  4.15  contain a proposed request for state financial assistance for 
  4.16  the succeeding biennium. 
  4.17     (c) In addition, the budget must show for each year: 
  4.18     (1) the estimated operating revenues from all sources 
  4.19  including funds on hand at the beginning of the year, and 
  4.20  estimated expenditures for costs of operation, administration, 
  4.21  maintenance, and debt service; 
  4.22     (2) capital improvement funds estimated to be on hand at 
  4.23  the beginning of the year and estimated to be received during 
  4.24  the year from all sources and estimated cost of capital 
  4.25  improvements to be paid out or expended during the year, all in 
  4.26  such detail and form as the council may prescribe; and 
  4.27     (3) the estimated source and use of pass-through funds. 
  4.28     Sec. 4.  Minnesota Statutes 2002, section 473.143, 
  4.29  subdivision 1, is amended to read: 
  4.30     Subdivision 1.  [APPLICATION.] For purposes of this 
  4.31  section, "agency" means a metropolitan agency as defined in 
  4.32  section 473.121, except the metropolitan parks and open space 
  4.33  commission.  Agency also means the metropolitan mosquito control 
  4.34  commission.  For purposes of this section, "commissioner" means 
  4.35  the commissioner of the state department of employee relations.  
  4.36     Sec. 5.  Minnesota Statutes 2002, section 473.147, is 
  5.1   amended to read: 
  5.2      473.147 [REGIONAL RECREATION OPEN SPACE SYSTEM POLICY 
  5.3   PLAN.] 
  5.4      Subdivision 1.  [REQUIREMENTS.] The metropolitan council 
  5.5   after consultation with the parks and open space commission, 
  5.6   municipalities, park districts and counties in the metropolitan 
  5.7   area, and after appropriate public hearings, shall prepare and 
  5.8   adopt a long-range system policy plan for regional recreation 
  5.9   open space as part of the council's metropolitan development 
  5.10  guide.  The plan shall substantially conform to all policy 
  5.11  statements, purposes, goals, standards, and maps in development 
  5.12  guide sections and comprehensive plans as developed and adopted 
  5.13  by the council pursuant to the chapters of the Minnesota 
  5.14  Statutes directly relating to the council.  The policy plan 
  5.15  shall identify generally the areas which should be acquired by a 
  5.16  public agency to provide a system of regional recreation open 
  5.17  space comprising park district, county and municipal facilities 
  5.18  which, together with state facilities, reasonably will meet the 
  5.19  outdoor recreation needs of the people of the metropolitan area 
  5.20  and shall establish priorities for acquisition and development.  
  5.21  In preparing or amending the policy plan the council shall 
  5.22  consult with and make maximum use of the expertise of the 
  5.23  commission.  The policy plan shall include a five-year capital 
  5.24  improvement program, which shall be revised periodically, and 
  5.25  shall establish criteria and priorities for the allocation of 
  5.26  funds for such acquisition and development.  The legislature in 
  5.27  each bonding measure shall designate an anticipated level of 
  5.28  funding for this acquisition and development for each of the two 
  5.29  succeeding bienniums.  
  5.30     Subd. 2.  [REVIEW, COMMENT, HEARING; REVISION.] Before 
  5.31  adopting the policy plan, the council shall submit the proposed 
  5.32  plan to the parks and open space commission for its review, and 
  5.33  the commission shall report its comments to the council within 
  5.34  60 days.  The council shall hold a public hearing on the 
  5.35  proposed policy plan at such time and place in the metropolitan 
  5.36  area as it shall determine.  Not less than 15 days before the 
  6.1   hearing, the council shall publish notice thereof in a newspaper 
  6.2   or newspapers having general circulation in the metropolitan 
  6.3   area, stating the date, time and place of hearing, and the place 
  6.4   where the proposed policy plan and commission comments may be 
  6.5   examined by any interested person.  At any hearing interested 
  6.6   persons shall be permitted to present their views on the policy 
  6.7   plan, and the hearing may be continued from time to time.  After 
  6.8   receipt of the commission's report and the hearing, the council 
  6.9   may revise the proposed plan giving appropriate consideration to 
  6.10  all comments received, and thereafter shall adopt the plan by 
  6.11  resolution.  An amendment to the policy plan may be proposed by 
  6.12  the council or by the parks and open space commission.  At least 
  6.13  every four years the council shall engage in a comprehensive 
  6.14  review of the policy plan, development guide sections, 
  6.15  comprehensive plans, capital improvement programs and other 
  6.16  plans in substantial conformance with the requirements of 
  6.17  subdivision 1 which have been adopted by the council.  
  6.18     Sec. 6.  Minnesota Statutes 2002, section 473.313, 
  6.19  subdivision 2, is amended to read: 
  6.20     Subd. 2.  [COUNCIL REVIEW.] The metropolitan council shall 
  6.21  review with the advice of the commission, each master plan to 
  6.22  determine whether it is consistent with the council's policy 
  6.23  plan.  If it is not consistent, the council shall return the 
  6.24  plan with its comments to the municipalities, park district or 
  6.25  county for revision and resubmittal.  
  6.26     Sec. 7.  Minnesota Statutes 2002, section 473.315, 
  6.27  subdivision 1, is amended to read: 
  6.28     Subdivision 1.  [TO METRO LOCAL GOVERNMENTS.] The 
  6.29  metropolitan council with the advice of the commission may make 
  6.30  grants, from any funds available to it for recreation open space 
  6.31  purposes, to any municipality, park district or county located 
  6.32  wholly or partially within the metropolitan area to cover the 
  6.33  cost, or any portion of the cost, of acquiring or developing 
  6.34  regional recreation open space in accordance with the policy 
  6.35  plan; and all such agencies may enter into contracts for this 
  6.36  purpose or rights or interests therein.  The cost of acquisition 
  7.1   shall include any payments required for relocation pursuant to 
  7.2   sections 117.50 to 117.56. 
  7.3      Sec. 8.  Minnesota Statutes 2002, section 473.333, is 
  7.4   amended to read: 
  7.5      473.333 [COUNCIL ACQUISITION.] 
  7.6      The metropolitan council shall have the same powers as a 
  7.7   county under section 398.32, subdivision 1, to acquire any land 
  7.8   or water area, or any interests, easements or other rights 
  7.9   therein, which are included in the policy plan whenever such 
  7.10  areas have not been acquired for recreation open space purposes 
  7.11  within the period of time hereinafter specified; provided that 
  7.12  the council shall not have the power of eminent domain.  Before 
  7.13  proceeding with the acquisition of any such area or other 
  7.14  rights, the council shall by resolution offer a grant covering 
  7.15  the full cost of acquisition to the municipality, park district 
  7.16  or county in which the area or other rights are situated.  If 
  7.17  the acquisition process has not been initiated within 60 days or 
  7.18  if the area or other rights have not been acquired within 12 
  7.19  months after the adoption of the resolution, the council may by 
  7.20  resolution offer such a grant to another park district or county 
  7.21  or to a municipality in the metropolitan area.  If the 
  7.22  acquisition process has not been initiated within 60 days or if 
  7.23  the area or other rights have not been acquired within six 
  7.24  months after the adoption of the resolution, the council may 
  7.25  direct the commission to proceed with acquisition.  The council 
  7.26  may, in its discretion, direct the commission to contract with a 
  7.27  municipality, park district or county for such services as may 
  7.28  be needed to complete such acquisition.  The council shall 
  7.29  direct the commission to manage such areas so as to preserve 
  7.30  them for future recreation open space purposes and may contract 
  7.31  with a municipality, park district or county for such 
  7.32  management.  The council shall convey such areas to a 
  7.33  municipality, park district or county for development and 
  7.34  operation consistent with an approved recreation open space 
  7.35  master plan.  
  7.36     Sec. 9.  Minnesota Statutes 2002, section 473.351, 
  8.1   subdivision 3, is amended to read: 
  8.2      Subd. 3.  [ALLOCATION FORMULA.] By July 1 of every year 
  8.3   each implementing agency must submit to the metropolitan parks 
  8.4   and open space commission council a statement of the next annual 
  8.5   anticipated operation and maintenance expenditures of the 
  8.6   regional recreation open space parks systems within their 
  8.7   respective jurisdictions and the previous year's actual 
  8.8   expenditures.  After reviewing the actual expenditures submitted 
  8.9   and by July 15 of each year, the parks and open space commission 
  8.10  shall forward to the metropolitan council the funding requests 
  8.11  from the implementing agencies based on the actual expenditures 
  8.12  made.  The metropolitan council shall distribute the operation 
  8.13  and maintenance money as follows: 
  8.14     (1) 40 percent based on the use that each implementing 
  8.15  agency's regional recreation open space system has in proportion 
  8.16  to the total use of the metropolitan regional recreation open 
  8.17  space system; 
  8.18     (2) 40 percent based on the operation and maintenance 
  8.19  expenditures made in the previous year by each implementing 
  8.20  agency in proportion to the total operation and maintenance 
  8.21  expenditures of all of the implementing agencies; and 
  8.22     (3) 20 percent based on the acreage that each implementing 
  8.23  agency's regional recreation open space system has in proportion 
  8.24  to the total acreage of the metropolitan regional recreation 
  8.25  open space system.  The 80 percent natural resource management 
  8.26  land acreage of the park reserves must be divided by four in 
  8.27  calculating the distribution under this clause. 
  8.28     Each implementing agency must receive no less than 40 
  8.29  percent of its actual operation and maintenance expenses to be 
  8.30  incurred in the current calendar year budget as submitted to the 
  8.31  parks and open space commission council.  If the available 
  8.32  operation and maintenance money is less than the total amount 
  8.33  determined by the formula including the preceding, the 
  8.34  implementing agencies will share the available money in 
  8.35  proportion to the amounts they would otherwise be entitled to 
  8.36  under the formula. 
  9.1      Sec. 10.  Minnesota Statutes 2002, section 473.517, is 
  9.2   amended by adding a subdivision to read: 
  9.3      Subd. 10.  [DIRECT CHARGING OF INDUSTRIAL USERS.] (a) The 
  9.4   term "industrial discharger" for the purposes of this 
  9.5   subdivision means a recipient of wastewater treatment services 
  9.6   that is required by council rules or procedures to have a permit 
  9.7   issued by the council in order to discharge sewage to the 
  9.8   metropolitan disposal system. 
  9.9      (b) The council may directly impose on all or any category 
  9.10  of industrial dischargers all or any portion of the costs that 
  9.11  would otherwise be allocated among and paid by local government 
  9.12  units under subdivision 1.  Any amounts imposed directly on 
  9.13  industrial dischargers by the council under this subdivision 
  9.14  must be deducted from the amounts to be allocated among and paid 
  9.15  by local government units under subdivision 1, and any charges 
  9.16  imposed by a local government unit for the same purpose are of 
  9.17  no further force and effect from and after the effective date of 
  9.18  the council's direct charges.  Charges imposed under this 
  9.19  subdivision are in addition to any other charges imposed on 
  9.20  industrial dischargers by a local government unit and must be 
  9.21  paid by the industrial discharger at such intervals as may be 
  9.22  established by the council.  The council may impose interest 
  9.23  charges upon delinquent payments. 
  9.24     (c) Charges by the council to industrial dischargers under 
  9.25  this subdivision including any interest charges, as well as any 
  9.26  other charges or related fees owed by the industrial discharger 
  9.27  pursuant to a discharge permit issued by the council for the 
  9.28  subject property, are a charge jointly and severally against the 
  9.29  owners, lessees, and occupants of the property served.  The 
  9.30  council may certify such unpaid amounts to the appropriate 
  9.31  county auditor as a tax for collection as other taxes are 
  9.32  collected on the property served.  The proceeds of any tax 
  9.33  collected pursuant to the council's certification must be paid 
  9.34  by the county treasurer to the council when collected.  
  9.35  Certification does not preclude the council from recovery of 
  9.36  delinquent amounts and interest under any other available remedy.
 10.1      Sec. 11.  [COMMISSION ABOLISHED; MEMBERS; EMPLOYEES; 
 10.2   SUCCESSOR.] 
 10.3      The metropolitan parks and open space commission described 
 10.4   in Minnesota Statutes 2002, section 473.303, is abolished and 
 10.5   its duties and responsibilities are transferred to the 
 10.6   metropolitan council.  The terms of the metropolitan parks and 
 10.7   open space commission members expire upon the effective date of 
 10.8   this act.  All permanent or regular employees, if any, of the 
 10.9   metropolitan parks and open space commission are transferred to 
 10.10  the metropolitan council.  The metropolitan council is the 
 10.11  successor entity to the metropolitan parks and open space 
 10.12  commission with respect to all the commission's property, 
 10.13  interests, and obligations. 
 10.14     Sec. 12.  [APPLICATION.] 
 10.15     Sections 2 to 11 apply in the counties of Anoka, Carver, 
 10.16  Dakota, Hennepin, Ramsey, Scott, and Washington. 
 10.17     Sec. 13.  [REPEALER.] 
 10.18     Minnesota Statutes 2002, sections 473.121, subdivision 12; 
 10.19  473.1623; 473.301, subdivision 4; 473.303; 473.704, subdivision 
 10.20  19; and 473.863, are repealed. 
 10.21     Sec. 14.  [EFFECTIVE DATE.] 
 10.22     This act is effective the day following its final enactment.