HF 829

as introduced - 90th Legislature (2017 - 2018) Posted on 02/06/2017 01:20pm

A bill for an act
relating to the Metropolitan Council; providing for staggered terms; expanding
the membership of the nomination committee; requiring additional information to
be made publicly available as part of the selection process; clarifying council
member qualifications; requiring new advisory committee; establishing sewer
availability charges stakeholder group; amending Minnesota Statutes 2016, sections
473.123, subdivisions 2a, 3; 473.127.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

Minnesota Statutes 2016, section 473.123, subdivision 2a, is amended to read:

Subd. 2a.

Terms.

Following each apportionment of council districts, as provided under
subdivision 3a, council members must be appointed from newly drawn districts as provided
in subdivision 3a. Each council member, other than the chair, must reside in the council
district represented. Each council district must be represented by one member of the council.
The terms of members end with the term of the governor are staggered as follows: members
representing an odd-numbered district have terms ending the first Monday in January of
the year ending in the numeral "1" and members representing an even-numbered district
have terms ending the first Monday in January in the year ending in the numeral "3."
Thereafter, the term of each member is four years, with terms ending the first Monday in
January, except that all terms expire on the effective date of the next apportionment. A
member serves at the pleasure of the governor. A member shall continue to serve the
member's district until a successor is appointed and qualified; except that, following each
apportionment, the member shall continue to serve at large until the governor appoints 16
council members, one from each of the newly drawn council districts as provided under
subdivision 3a, to serve terms as provided under this section. The appointment to the council
must be made by the first Monday in March of the year in which the term ends.

EFFECTIVE DATE; APPLICATION; TRANSITION.

(a) This section is effective
for appointments made on or after January 1, 2020, and applies in the counties of Anoka,
Carver, Dakota, Hennepin, Ramsey, Scott, and Washington.

(b) Each member serving on the Metropolitan Council on the effective date of this section
shall continue to serve until the member's successor is appointed and qualified. Thereafter,
subject to Minnesota Statutes, section 473.123, subdivision 3a, the term of each member is
four years, with terms ending the first Monday in January.

Sec. 2.

Minnesota Statutes 2016, section 473.123, subdivision 3, is amended to read:

Subd. 3.

Membership; appointment; qualifications.

(a) Sixteen members must be
appointed by the governor from districts defined by this section. Each council member must
reside in the council district represented. Each council district must be represented by One
member of the council must represent each council district.

(b) In addition to the notice required by section 15.0597, subdivision 4, notice of
vacancies and expiration of terms must be published in newspapers of general circulation
in the metropolitan area and the appropriate districts. The governing bodies of the statutory
and home rule charter cities, counties, and towns having territory in the district for which
a member is to be appointed must be notified in writing. Within ten days of submitting
notice to the secretary of state as required by section 15.0597, subdivision 4, the notice must
be published and provided to statutory and home rule charter cities, counties, and towns.
The notices required by this section must describe include a description of the appointments
process and a detailed position description that includes the required skills, expected time
commitment, and connection to the district; and must invite participation and
recommendations on the appointment.

(c) The governor shall create a nominating committee, composed of seven metropolitan
citizens appointed by the governor, to nominate persons for appointment to the council from
districts. Three of the committee members must be local elected officials. The governor
must appoint seven members. The Association of Metropolitan Municipalities must appoint
three members to represent cities. The Association of Minnesota Counties must appoint
three members to represent counties.

(d) Following the submission of applications as provided under section 15.0597,
subdivision 5, the nominating committee shall conduct public meetings, after appropriate
notice, to accept statements from or on behalf of persons who have applied or been nominated
for appointment and to allow consultation with and secure the advice of the public and local
elected officials. The committee shall hold the meeting on each appointment in the district
or in a reasonably convenient and accessible location in the part of the metropolitan area in
which the district is located. The committee may consolidate meetings. Following the
meetings, the committee shall submit to the governor a list of nominees three finalists for
each appointment. The nominating committee shall publish the names and qualifications
of each of the three finalists in the same newspaper in which the notice of vacancy was
published. The governor must not make an appointment until the names of the finalists have
been public for 14 calendar days. The governor is not required to appoint from the list.

(d) (e) Before making an appointment, the governor shall consult with all members of
the legislature from the council district for which the member is to be appointed.

(e) (f) Appointments to the council are subject to the advice and consent of the senate
as provided in section 15.066.

(f) (g) Members of the council must be appointed to reflect fairly the various
demographic, political, and other interests in the metropolitan area and each of the districts.

(g) (h) Members of the council must be persons knowledgeable about urban and
metropolitan affairs. Members must have relevant experience in areas including, but not
limited to, local government, transportation, housing, environment, and regional development.
Members appointed to the council must be able to meet time commitments required by the
position including attending council meetings, attending community meetings, and
completing other job duties.

(h) (i) Any vacancy in the office of a council member shall immediately be filled for
the unexpired term. In filling a vacancy, the governor may forgo the requirements of
paragraph (c) if the governor has made appointments in full compliance with the requirements
of this subdivision within the preceding 12 months.

EFFECTIVE DATE; APPLICATION.

This section is effective for appointments
made on or after January 1, 2018, and applies in the counties of Anoka, Carver, Dakota,
Hennepin, Ramsey, Scott, and Washington.

Sec. 3.

Minnesota Statutes 2016, section 473.127, is amended to read:

473.127 ADVISORY COMMITTEES.

Subdivision 1.

Advisory committees.

The Metropolitan Council may establish and
appoint persons to advisory committees to assist the Metropolitan Council in the performance
of its duties. Members of the advisory committees shall serve without compensation but
shall be reimbursed for their reasonable expenses as determined by the Metropolitan Council.

Subd. 2.

Equity Advisory Committee.

The Equity Advisory Committee must assist
the Metropolitan Council in looking at ways to reduce concentrations of poverty in the
region and foster increased connections to social and economic opportunities. This advisory
committee must include diverse regional stakeholders. The committee must:

(1) create an equity policy plan to reduce concentrations of poverty in the region for
consideration by the full Metropolitan Council;

(2) evaluate existing transit routes to ensure the best means to more directly connect
areas of concentrated poverty with job centers and high-growth industry centers; and

(3) explore and evaluate strategies that will reduce poverty and its concentration, increase
economic and social opportunities to advance future economic growth, and mitigate the
impact of demographic changes in the region related to aging.

EFFECTIVE DATE; APPLICATION.

This section is effective January 1, 2018, and
applies in the counties of Anoka, Carver, Dakota, Hennepin, Ramsey, Scott, and Washington.

Sec. 4. SEWER AVAILABILITY CHARGES STAKEHOLDER GROUP.

The Metropolitan Council must convene a stakeholder group to review and make
recommendations on sewer availability charges for new or expanded outdoor seating at
eating or drinking establishments. The Metropolitan Council must consult with stakeholders
representing the range of users who are served by the Metropolitan Council Environmental
Services wastewater treatment system and are subject to sewer availability charge
determinations. The Metropolitan Council must submit a report to the chair and ranking
minority members of the committees in the house of representatives and the senate with
jurisdiction over the Metropolitan Council by January 25, 2018. The Metropolitan Council
must provide a technical basis for any proposed changes.