Minnesota Legislature
HF 1086
as introduced - 89th Legislature (2015 - 2016) Posted on 02/23/2015 04:31pm
Bill Text Versions
| Engrossments | ||
|---|---|---|
| Introduction | Posted on 02/19/2015 |
Current Version - as introduced
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A bill for an act
relating to metropolitan government; providing for appointment of Metropolitan
Council members by cities and towns; eliminating the Transportation Advisory
Board; repealing the Grant Evaluation and Ranking System (GEARS); amending
Minnesota Statutes 2014, sections 297A.992, subdivisions 1, 4, 5; 473.123,
subdivisions 2a, 3a, 4, by adding subdivisions; 473.146, subdivision 4; repealing
Minnesota Statutes 2014, section 473.123, subdivision 3.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
Section 1.
Minnesota Statutes 2014, section 297A.992, subdivision 1, is amended to
read:
Subdivision 1.
Definitions.
For purposes of this section, the following terms have
the meanings given them:
(1) "metropolitan transportation area" means the counties participating in the joint
powers agreement under subdivision 3;
(2) "eligible county" means the county of Anoka, Carver, Dakota, Hennepin,
Ramsey, Scott, or Washington;
(3) deleted text begin "committee" means the Grant Evaluation and Ranking System (GEARS)
Committeedeleted text end new text begin "council" means the Metropolitan Councilnew text end ;new text begin and
new text end
(4) "minimum guarantee county" means any metropolitan county or eligible county
that is participating in the joint powers agreement under subdivision 3, whose proportion
of the annual sales tax revenue under this section collected within that county is less
than or equal to three percentdeleted text begin ; anddeleted text end new text begin .
new text end
deleted text begin
(5) "population" means the population, as defined in section 477A.011, subdivision
3, estimated or established by July 15 of the year prior to the calendar year in which
the representatives will serve on the Grant Evaluation and Ranking System Committee
established under subdivision 5.
deleted text end
Sec. 2.
Minnesota Statutes 2014, section 297A.992, subdivision 4, is amended to read:
Subd. 4.
Joint powers board.
(a) The joint powers board must consist of one
or more commissioners of each county that is in the metropolitan transportation area,
appointed by its county board, and the chair of the Metropolitan Council, who must have
voting rights, subject to subdivision 3, clause (4). The joint powers board has the powers
and duties provided in this section and section 471.59.
(b) The joint powers board may utilize no more than three-fourths of one percent of
the proceeds of the taxes imposed under this section for ordinary administrative expenses
incurred in carrying out the provisions of this section. Any additional administrative
expenses must be paid by the participating counties.
(c) The joint powers board may establish a technical advisory group deleted text begin that is separate
from the GEARS Committeedeleted text end . The group must consist of representatives of cities, counties,
or public agencies, including the Metropolitan Council. The technical advisory group
must be used solely for technical consultation purposes.
Sec. 3.
Minnesota Statutes 2014, section 297A.992, subdivision 5, is amended to read:
Subd. 5.
Grant application and awardsdeleted text begin ; Grant Evaluation and Ranking System
(GEARS) Committeedeleted text end .
(a) The joint powers board shall establish a grant application
process and identify the amount of available funding for grant awards. Grant applications
must be submitted in a form prescribed by the joint powers board. An applicant must
provide, in addition to all other information required by the joint powers board, the
estimated cost of the project, the amount of the grant sought, possible sources of funding
in addition to the grant sought, and identification of any federal funds that will be utilized
if the grant is awarded. A grant application seeking transit capital funding must identify
the source of money necessary to operate the transit improvement.
(b) The joint powers board shall establish a timeline and procedures for the award of
grants, and may award grants only to the state and political subdivisions. The board shall
define objective criteria for the award of grants, which must include, but not be limited to,
consistency with the most recent version of the transportation policy plan adopted by the
Metropolitan Council under section 473.146. The joint powers board shall maximize the
availability and use of federal funds in projects funded under this section.
deleted text begin
(c) The joint powers board shall establish a GEARS Committee, which must consist
of:
deleted text end
deleted text begin
(1) one county commissioner from each county that is in the metropolitan
transportation area, appointed by its county board;
deleted text end
deleted text begin
(2) one elected city representative from each county that is in the metropolitan
transportation area;
deleted text end
deleted text begin
(3) one additional elected city representative from each county for every additional
400,000 in population, or fraction of 400,000, in the county that is above 400,000 in
population; and
deleted text end
deleted text begin
(4) the chair of the Metropolitan Council Transportation Committee.
deleted text end
deleted text begin
(d) Each city representative must be elected at a meeting of cities in the metropolitan
transportation area, which must be convened for that purpose by the Association of
Metropolitan Municipalities.
deleted text end
deleted text begin (e)deleted text end new text begin (c)new text end The deleted text begin committeedeleted text end new text begin council new text end shall evaluate grant applications following objective
criteria established by the joint powers board, and must provide to the joint powers board
a selection list of transportation projects that includes a priority ranking.
deleted text begin (f)deleted text end new text begin (d) new text end A grant award for a transit project located within the metropolitan area, as
defined in section 473.121, subdivision 2, may be funded only after the deleted text begin Metropolitan
Councildeleted text end new text begin council new text end reviews the project deleted text begin for consistencydeleted text end with the transit portion of the
deleted text begin Metropolitan Councildeleted text end new text begin council new text end policy plan and one of the following occurs:
(1) the deleted text begin Metropolitan Councildeleted text end new text begin council new text end finds the project to be consistent;
(2) the deleted text begin Metropolitan Councildeleted text end new text begin council new text end initially finds the project to be inconsistent, but
after a good faith effort to resolve the inconsistency through negotiations with the joint
powers board, agrees that the grant award may be funded; or
(3) the deleted text begin Metropolitan Councildeleted text end new text begin council new text end finds the project to be inconsistent, and submits
the consistency issue for final determination to a panel, which determines the project to be
consistent. The panel is composed of a member appointed by the chair of the deleted text begin Metropolitan
Councildeleted text end new text begin councilnew text end , a member appointed by the joint powers board, and a member agreed
upon by both the chair and the joint powers board.
deleted text begin (g)deleted text end new text begin (e) new text end Grants must be funded by the proceeds of the taxes imposed under this section,
bonds, notes, or other obligations issued by the joint powers board under subdivision 7.
deleted text begin (h)deleted text end new text begin (f) new text end Notwithstanding the provisions of this section except subdivision 6a, of
the revenue collected under this section, the joint powers board shall allocate to the
deleted text begin Metropolitan Councildeleted text end new text begin councilnew text end , in fiscal years 2012 and 2013, an amount not less than 75
percent of the net cost of operations for those transitways that were receiving metropolitan
sales tax funds through an operating grant agreement on June 30, 2011.
deleted text begin (i)deleted text end new text begin (g) new text end The deleted text begin Metropolitan Councildeleted text end new text begin council new text end shall expend any funds allocated under
paragraph deleted text begin (h)deleted text end new text begin (f)new text end for the operations of the specified transitways solely within those
counties that are in the metropolitan transportation area.
deleted text begin (j)deleted text end new text begin (h) new text end Nothing in paragraph deleted text begin (h)deleted text end new text begin (f) new text end or deleted text begin (i)deleted text end new text begin (g) new text end prevents grant awards to the
deleted text begin Metropolitan Councildeleted text end new text begin council new text end for capital and operating assistance for transitways and
park-and-ride facilities.
Sec. 4.
Minnesota Statutes 2014, 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 deleted text begin appointeddeleted text end new text begin selected new text end from newly drawn
districts as provided in subdivision 3a. Each council memberdeleted text begin , other than the chair,deleted text end must
reside in the council district represented. Each council district must be represented by one
member of the council. The terms of members deleted text begin end with the term of the governordeleted text end new text begin are
four yearsnew text end , except that all terms expire on the effective date of the next apportionment.
deleted text begin A member serves at the pleasure of the governordeleted text end new text begin The term of offices begins on the first
Monday in January in the year following the member's selectionnew text end . A member shall continue
to serve the member's district until a successor is deleted text begin appointeddeleted text end new text begin selected new text end and qualified; except
that, following each apportionment, the member shall continue to serve at large until deleted text begin the
governor appoints 16 council members, one fromdeleted text end new text begin a new member is selected from new text end each
of the newly drawn council districts as provided under subdivision 3a, to serve terms as
provided under this section. The deleted text begin appointmentdeleted text end new text begin selection new text end to the council must be made by the
first Monday in March of the year in which the term ends.
Sec. 5.
Minnesota Statutes 2014, section 473.123, is amended by adding a subdivision
to read:
new text begin Subd. 2b. new text end
new text begin Membership; selection. new text end
new text begin
(a) Until the completion of redistricting
following the 2020 federal census, as required by subdivision 3a, 16 members must be
selected from districts established by subdivision 3e. Each council district must be
represented by one member of the council. Following the completion of redistricting
following the 2020 federal census, as required by subdivision 3a, 17 members must be
selected, one from each district.
new text end
new text begin
(b) By September 1 in the year prior to the start of new council terms, the council
must provide notice to each municipality in each district that each governing body
may choose one elected representative from the council or board to represent that
municipality in the selection process. Each municipality shall notify the council of the
chosen representative by November 1. The council shall facilitate a selection meeting
for each district where the representatives for each district gather to select a member to
represent the district on the council for the next term. The representatives shall meet and
select a member to represent the district on the council by December 31. If no member
is selected for a district, the previous member from that district shall continue to serve
until a successor is selected and qualified.
new text end
new text begin
(c) A vacancy occurs if a member no longer holds elective office on a governing
body of a municipality in the district from which they were selected.
new text end
new text begin
(d) Any vacancy in the office of a council member shall be promptly filled for the
unexpired term by following the selection process described in this subdivision.
new text end
Sec. 6.
Minnesota Statutes 2014, section 473.123, is amended by adding a subdivision
to read:
new text begin Subd. 2c. new text end
new text begin Qualifications; compatibility; removal. new text end
new text begin
(a) Each member selected to
serve on the council must:
new text end
new text begin
(1) reside in the district represented;
new text end
new text begin
(2) be an elected official currently serving on the governing body of a municipality;
and
new text end
new text begin
(3) not be an elected official of the same municipality as the previous member,
unless there is only one municipality in the district.
new text end
new text begin
(b) An elected member of a municipal governing body may also hold the office of
Metropolitan Council member. These offices are deemed to be compatible.
new text end
new text begin
(c) A member may be removed by the council for cause, after notice and hearing.
new text end
Sec. 7.
Minnesota Statutes 2014, section 473.123, subdivision 3a, is amended to read:
Subd. 3a.
Redistricting.
new text begin (a) new text end The legislature shall redraw the boundaries of the
council districts after each decennial federal census so that each district has substantially
equal population. Redistricting is effective in the year ending in the numeral "3." Within
60 days after a redistricting plan takes effect, deleted text begin the governordeleted text end new text begin each district new text end shall deleted text begin appointdeleted text end new text begin select
new text end members from the newly drawn districts to serve terms as provided under subdivision 2a.new text begin
In redrawing the boundaries of the council districts, municipalities shall not be divided
more than necessary.
new text end
new text begin
(b) In redrawing the boundaries of the council districts after the 2020 federal census,
the legislature shall provide for 17 districts.
new text end
Sec. 8.
Minnesota Statutes 2014, section 473.123, subdivision 4, is amended to read:
Subd. 4.
Chair; deleted text begin appointment,deleted text end officers, selection; duties and compensation.
(a)
new text begin Until the completion of redistricting following the 2020 federal census, as required by
subdivision 3a, new text end the chair of the Metropolitan Council shall be appointed by the governor
as the 17th voting member thereof by and with the advice and consent of the senate to
serve at the pleasure of the governor to represent the metropolitan area at large. Senate
confirmation shall be as provided by section 15.066.new text begin After the completion of redistricting
following the 2020 federal census, as required by subdivision 3a, the chair shall be elected
from the membership of the council by the members of the council for a four-year term
and may be removed pursuant to subdivision 2b.
new text end
The chair of the Metropolitan Council shall, if present, preside at meetings of the
council, have the primary responsibility for meeting with local elected officials, serve as
the principal legislative liaison, present to the governor and the legislature, after council
approval, the council's plans for regional governance and operations, serve as the principal
spokesperson of the council, and perform other duties assigned by the council or by law.
(b) The Metropolitan Council shall elect other officers as it deems necessary for
the conduct of its affairs for a one-year term. A secretary and treasurer need not be
members of the Metropolitan Council. Meeting times and places shall be fixed by the
Metropolitan Council and special meetings may be called by a majority of the members
of the Metropolitan Council or by the chair. The chair and each Metropolitan Council
member shall be reimbursed for actual and necessary expenses.
(c) Each member of the council shall attend and participate in council meetings
and meet regularly with local elected officials and legislative members from the council
member's district. Each council member shall serve on at least one division committee for
transportation, environment, or community development.
(d) In the performance of its duties the Metropolitan Council may adopt policies
and procedures governing its operation, establish committees, and, when specifically
authorized by law, make appointments to other governmental agencies and districts.
Sec. 9.
Minnesota Statutes 2014, section 473.123, is amended by adding a subdivision
to read:
new text begin Subd. 9. new text end
new text begin Ex officio members. new text end
new text begin
For purposes of transportation planning, as described
in section 473.146, subdivision 4, the following individuals shall be ex officio, nonvoting
members of the council:
new text end
new text begin
(1) the commissioner of transportation or the commissioner's designee;
new text end
new text begin
(2) the commissioner of the Pollution Control Agency or the commissioner's
designee; and
new text end
new text begin
(3) one member of the Metropolitan Airports Commission appointed by the
commission.
new text end
Sec. 10.
Minnesota Statutes 2014, section 473.123, is amended by adding a subdivision
to read:
new text begin Subd. 10. new text end
new text begin Definitions. new text end
new text begin
(a) The definitions in this subdivision apply to this section.
new text end
new text begin
(b) "Governing body" means the city council or town board.
new text end
new text begin
(c) "Municipality" means a home rule charter or statutory city or town.
new text end
Sec. 11.
Minnesota Statutes 2014, section 473.146, subdivision 4, is amended to read:
Subd. 4.
Transportation planning.
(a) The Metropolitan Council is the designated
planning agency for any long-range comprehensive transportation planning required by
section 134 of the Federal Highway Act of 1962, Section 4 of Urban Mass Transportation
Act of 1964 and Section 112 of Federal Aid Highway Act of 1973 and other federal
transportation laws. The council shall assure administration and coordination of
transportation planning with appropriate state, regional and other agencies, counties,
and municipalities.
(b) The council shall establish an advisory body consisting of citizens and
representatives of municipalities, counties, and state agencies in fulfillment of the planning
responsibilities of the council. The membership of the advisory body must consist of:
(1) the commissioner of transportation or the commissioner's designee;
(2) the commissioner of the Pollution Control Agency or the commissioner's
designee;
(3) one member of the Metropolitan Airports Commission appointed by the
commission;
(4) one person appointed by the council to represent nonmotorized transportation;
(5) one person appointed by the commissioner of transportation to represent the
freight transportation industry;
(6) two persons appointed by the council to represent public transit;
(7) ten elected officials of cities within the metropolitan area, including one
representative from each first-class city, appointed by the Association of Metropolitan
Municipalities;
(8) one member of the county board of each county in the seven-county metropolitan
area, appointed by the respective county boards;
(9) eight citizens appointed by the council, one from each council precinct; and
(10) one member of the council, appointed by the council.
The council shall appoint a chair from among the members of the advisory body.
new text begin
(c) The advisory body described in paragraph (b) shall be dissolved and the council
shall fulfill all planning responsibilities upon agreement between the governor and local
governments that together represent at least 75 percent of the metropolitan area, including
the most populous home rule charter or statutory city.
new text end
Sec. 12. new text begin APPLICATION.
new text end
new text begin
Sections 1 to 11 apply in the counties of Anoka, Carver, Dakota, Hennepin, Ramsey,
Scott, and Washington.
new text end
Sec. 13. new text begin REPEALER.
new text end
new text begin
Minnesota Statutes 2014, section 473.123, subdivision 3,
new text end
new text begin
is repealed.
new text end