HF 1297

1st Committee Engrossment - 89th Legislature (2015 - 2016) Posted on 03/16/2015 04:34pm

1.1A bill for an act

1.2relating to the Metropolitan Council; providing for staggered terms of
1.3Metropolitan Council members; modifying the membership of the Metropolitan
1.4Council to include local elected officials; providing for the council to select its
1.5own chair; modifying the membership of the nominating committee; adding
1.6duties to the Legislative Commission on Metropolitan Government; providing
1.7for the Metropolitan Council to budget on a state fiscal year; requiring legislative
1.8approval of the council's budget; making certain council guidelines and plans
1.9advisory;amending Minnesota Statutes 2014, sections 3.8841, subdivisions
1.107, 8; 473.123, subdivisions 2a, 3, 4; 473.13, subdivision 1; 473.145; 473.175,
1.11subdivision 1; 473.206; 473.313, subdivision 2; 473.852, subdivision 8; 473.856;
1.12repealing Minnesota Statutes 2014, section 473.851.
1.13BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

1.14ARTICLE 1

1.15METROPOLITAN COUNCIL MEMBERSHIP

1.16    Section 1. Minnesota Statutes 2014, section 473.123, subdivision 2a, is amended to read:
1.17    Subd. 2a. Terms. Following each apportionment of council districts, as provided
1.18under subdivision 3a, council members must be appointed from newly drawn districts as
1.19provided in subdivision 3a. Each council member, other than the chair, must reside in the
1.20council district represented. Each council district must be represented by one member of the
1.21council. The terms of members end with the term of the governor are staggered as follows:
1.22members representing even-numbered districts have terms ending the first Monday in
1.23January of the year ending in the numeral "7"; and members representing odd-numbered
1.24districts have terms ending the first Monday in January of the year ending in the numeral
1.25"5." Thereafter the term of each member is four years, with terms ending the first Monday
1.26in January, except that all terms expire on the effective date of the next apportionment.
1.27A member serves at the pleasure of the governor. A member shall continue to serve the
2.1member's district until a successor is appointed and qualified; except that, following each
2.2apportionment, the member shall continue to serve at large until the governor appoints 16
2.3council members, one from each of the newly drawn council districts as provided under
2.4subdivision 3a, to serve terms as provided under this section. The appointment to the
2.5council must be made by the first Monday in March of the year in which the term ends.
2.6EFFECTIVE DATE; APPLICATION.This section is effective the day following
2.7final enactment and applies in the counties of Anoka, Carver, Dakota, Hennepin, Ramsey,
2.8Scott, and Washington.

2.9    Sec. 2. Minnesota Statutes 2014, section 473.123, subdivision 3, is amended to read:
2.10    Subd. 3. Membership; appointment; qualifications. (a) Sixteen members must be
2.11appointed by the governor from districts defined by this section. Each council member
2.12must reside in the council district represented. Each council district must be represented
2.13by one member of the council. Each Metropolitan Council member must be an elected city
2.14council member. A Metropolitan Council member's office becomes vacant if the person
2.15appointed to that position ceases to be an elected city council member.
2.16(b) In addition to the notice required by section 15.0597, subdivision 4, notice of
2.17vacancies and expiration of terms must be published in newspapers of general circulation
2.18in the metropolitan area and the appropriate districts. The governing bodies of the statutory
2.19and home rule charter cities, counties, and towns having territory in the district for which
2.20a member is to be appointed must be notified in writing. The notices must describe the
2.21appointments process and invite participation and recommendations on the appointment.
2.22(c) The governor shall create a nominating committee, composed A committee of
2.23seven metropolitan citizens appointed by the governor, to shall nominate persons for
2.24appointment to the council from districts. Three of the committee members must be local
2.25elected officials appointed by Metro Cities, one must be a county commissioner appointed
2.26by the Association of Minnesota Counties, and three must be appointed by the governor.
2.27Following the submission of applications as provided under section 15.0597, subdivision
2.285 , the nominating committee shall conduct public meetings, after appropriate notice, to
2.29accept statements from or on behalf of persons who have applied or been nominated for
2.30appointment and to allow consultation with and secure the advice of the public and local
2.31elected officials. The committee shall hold the meeting on each appointment in the district
2.32or in a reasonably convenient and accessible location in the part of the metropolitan area
2.33in which the district is located. The committee may consolidate meetings. Following
2.34the meetings, the committee shall submit to the governor a list of nominees for each
2.35appointment. The governor is not required to appoint from the list.
3.1(d) Before making an appointment, the governor shall consult with all members of
3.2the legislature from the council district for which the member is to be appointed.
3.3(e) Appointments to the council are subject to the advice and consent of the senate as
3.4provided in section 15.066.
3.5(f) Members of the council must be appointed to reflect fairly the various
3.6demographic, political, and other interests in the metropolitan area and the districts.
3.7(g) Members of the council must be persons knowledgeable about urban and
3.8metropolitan affairs.
3.9(h) Any vacancy in the office of a council member shall immediately be filled
3.10for the unexpired term. In filling a vacancy, the governor may forgo the requirements
3.11of paragraph (c) if the governor has made appointments in full compliance with the
3.12requirements of this subdivision within the preceding 12 months.
3.13EFFECTIVE DATE; APPLICATION.This section is effective the day following
3.14final enactment and applies in the counties of Anoka, Carver, Dakota, Hennepin, Ramsey,
3.15Scott, and Washington.

3.16    Sec. 3. Minnesota Statutes 2014, section 473.123, subdivision 4, is amended to read:
3.17    Subd. 4. Chair; appointment, officers, selection; duties and compensation. (a)
3.18The chair of the Metropolitan Council shall be appointed elected by the governor 16
3.19members of the council as the 17th voting member thereof by and with the advice and
3.20consent of the senate to serve at the pleasure of the governor council to represent the
3.21metropolitan area at large. Senate confirmation shall be as provided by section 15.066.
3.22The chair of the Metropolitan Council shall, if present, preside at meetings of the
3.23council, have the primary responsibility for meeting with local elected officials, serve as
3.24the principal legislative liaison, present to the governor and the legislature, after council
3.25approval, the council's plans for regional governance and operations, serve as the principal
3.26spokesperson of the council, and perform other duties assigned by the council or by law.
3.27(b) The Metropolitan Council shall elect other officers as it deems necessary for
3.28the conduct of its affairs for a one-year term. A secretary and treasurer need not be
3.29members of the Metropolitan Council. Meeting times and places shall be fixed by the
3.30Metropolitan Council and special meetings may be called by a majority of the members
3.31of the Metropolitan Council or by the chair. The chair and each Metropolitan Council
3.32member shall be reimbursed for actual and necessary expenses.
3.33(c) Each member of the council shall attend and participate in council meetings
3.34and meet regularly with local elected officials and legislative members from the council
4.1member's district. Each council member shall serve on at least one division committee for
4.2transportation, environment, or community development.
4.3(d) In the performance of its duties the Metropolitan Council may adopt policies
4.4and procedures governing its operation, establish committees, and, when specifically
4.5authorized by law, make appointments to other governmental agencies and districts.
4.6EFFECTIVE DATE; APPLICATION.This section is effective the day following
4.7final enactment and applies in the counties of Anoka, Carver, Dakota, Hennepin, Ramsey,
4.8Scott, and Washington. The term of the chair of the Metropolitan Council serving on the
4.9effective date of this section ends on that date, but the chair may continue serving until
4.10a new chair is elected by the council under this section.

4.11    Sec. 4. METROPOLITAN COUNCIL APPOINTMENTS; IMMEDIATE
4.12TRANSITION TO STAGGERED TERMS.
4.13For members serving on the Metropolitan Council on the effective date of this
4.14section, other than the chair, members representing even-numbered districts shall serve
4.15terms ending the first Monday in January 2019, and members representing odd-numbered
4.16districts shall serve terms ending the first Monday in January 2017. Thereafter the term of
4.17each member is four years, with terms ending the first Monday in January.
4.18EFFECTIVE DATE; APPLICATION.This section is effective the day following
4.19final enactment and applies in the counties of Anoka, Carver, Dakota, Hennepin, Ramsey,
4.20Scott, and Washington.

4.21ARTICLE 2

4.22METROPOLITAN COUNCIL BUDGET

4.23    Section 1. Minnesota Statutes 2014, section 3.8841, subdivision 7, is amended to read:
4.24    Subd. 7. Meetings; procedures. The commission meets at the call of the chair.
4.25The commission shall meet at least once per calendar year. If there is a quorum, the
4.26commission may take action by a simple majority vote of commission members present.

4.27    Sec. 2. Minnesota Statutes 2014, section 3.8841, subdivision 8, is amended to read:
4.28    Subd. 8. Powers; duties; Metropolitan Council levy, budget oversight. The
4.29commission must monitor, review, and make recommendations to the Metropolitan
4.30Council and to the legislature by February 1 of each year for the following calendar fiscal
4.31year. The recommendations shall be on:
5.1(1) the tax rate and dollar amount of the Metropolitan Council's property tax levies
5.2and any proposed increases in the rate or dollar amount of tax;
5.3(2) any request for an increase in the debt of the Metropolitan Council;
5.4(3) the overall work and role of the Metropolitan Council;
5.5(4) the Metropolitan Council's proposed operating and capital budgets, work
5.6program, and capital improvement program; and
5.7(5) the Metropolitan Council's implementation of the operating and capital budgets,
5.8work program, and capital improvement program.

5.9    Sec. 3. Minnesota Statutes 2014, section 473.13, subdivision 1, is amended to read:
5.10    Subdivision 1. Budget. (a) On or before December 20 January 15 of each year, the
5.11council shall adopt a final present a proposed budget covering its to committees in the
5.12senate and house of representatives with jurisdiction over the Metropolitan Council.
5.13The proposed budget must cover the council's anticipated receipts and disbursements
5.14for the ensuing next fiscal year commencing July 1 and shall decide upon the total the
5.15proposed amount necessary to be raised from ad valorem tax levies to meet its budget. The
5.16proposed budget shall state in detail the expenditures for each program to be undertaken,
5.17including the expenses for salaries, consultant services, overhead, travel, printing, and
5.18other items. The proposed budget shall state in detail the capital expenditures of the
5.19council for the budget fiscal year, based on a five-year capital program adopted by the
5.20council and transmitted to the legislature. After adoption of the budget and The council
5.21cannot adopt a final budget until a law authorizing the council's budget is enacted. In any
5.22year in which a law is not enacted to authorize the council's budget, the council may
5.23continue to operate and implement its previously approved budget, but at no greater level
5.24than previously authorized by the legislature.
5.25(b) No later than five working days after December 20 the council's budget is
5.26enacted, the council shall certify to the auditor of each metropolitan county the share of the
5.27tax to be levied within that county, which must be an amount bearing the same proportion
5.28to the total levy agreed on by the council as the net tax capacity of the county bears to the
5.29net tax capacity of the metropolitan area. The maximum amount of any levy made for the
5.30purpose of this chapter may not exceed the limits set by the statute authorizing the levy.
5.31(b) (c) In each fiscal year starting in an even-numbered year the council shall prepare
5.32for its transit programs a financial plan for the succeeding three calendar fiscal years, in
5.33half-year segments. The financial plan must contain schedules of user charges and any
5.34changes in user charges planned or anticipated by the council during the period of the
6.1plan. The financial plan must contain a proposed request for state financial assistance for
6.2the succeeding biennium.
6.3(c) (d) In addition, the proposed budget must show for each fiscal year:
6.4(1) the estimated operating revenues from all sources including funds on hand
6.5at the beginning of the fiscal year, and estimated expenditures for costs of operation,
6.6administration, maintenance, and debt service;
6.7(2) capital improvement funds estimated to be on hand at the beginning of the fiscal
6.8year and estimated to be received during the year from all sources and estimated cost of
6.9capital improvements to be paid out or expended during the fiscal year, all in such detail
6.10and form as the council may prescribe; and
6.11(3) the estimated source and use of pass-through funds.
6.12EFFECTIVE DATE; APPLICATION.This section is effective August 1, 2015,
6.13for budgets beginning in fiscal year 2018 and thereafter. This section applies in the
6.14counties of Anoka, Carver, Dakota, Hennepin, Ramsey, Scott, and Washington.

6.15    Sec. 4. METROPOLITAN COUNCIL; TRANSITIONAL BUDGET.
6.16By July 1, 2016, the Metropolitan Council shall prepare and adopt a detailed
6.17six-month budget for the period of January 1, 2017, to June 30, 2017. Thereafter, the
6.18council shall prepare annual budgets with each fiscal year commencing July 1 and ending
6.19June 30. The council must submit by January 15, 2017, a detailed budget for the fiscal
6.20year beginning July 1, 2017, to the legislature for approval consistent with Minnesota
6.21Statutes, section 473.13.
6.22EFFECTIVE DATE; APPLICATION.This section is effective August 1, 2015,
6.23and applies in the counties of Anoka, Carver, Dakota, Hennepin, Ramsey, Scott, and
6.24Washington.

6.25ARTICLE 3

6.26PLANNING

6.27    Section 1. Minnesota Statutes 2014, section 473.145, is amended to read:
6.28473.145 DEVELOPMENT GUIDE.
6.29The Metropolitan Council shall prepare and adopt, after appropriate study and
6.30such public hearings as may be necessary, a comprehensive development guide for the
6.31metropolitan area. It shall consist of a compilation of policy statements, goals, standards,
6.32programs, and maps prescribing guides for the orderly and economical development,
7.1public and private, of the metropolitan area. The comprehensive development guide shall
7.2recognize and encompass physical, social, or economic needs of the metropolitan area and
7.3those future developments which will have an impact on the entire area including but not
7.4limited to such matters as land use, parks and open space land needs, the necessity for
7.5and location of airports, highways, transit facilities, public hospitals, libraries, schools,
7.6and other public buildings. The development guide is advisory in nature and no local unit
7.7of government shall be required to comply or conform to the guide, unless specifically
7.8required by law. A local unit of government may, by a vote of the governing body, decide
7.9that all provisions of the development guide are binding on it.
7.10EFFECTIVE DATE.This section is effective August 1, 2015, and applies to all
7.11policies, plans, ordinances, applications, or other matters submitted on or after August
7.121, 2015.

7.13    Sec. 2. Minnesota Statutes 2014, section 473.175, subdivision 1, is amended to read:
7.14    Subdivision 1. For compatibility, conformity. (a) The council shall review the
7.15comprehensive plans of local governmental units, prepared and submitted pursuant
7.16to sections 473.851 to 473.871, to determine their compatibility with each other and
7.17conformity with metropolitan system plans. The council shall review and comment on the
7.18apparent consistency of the comprehensive plans with adopted plans of the council. The
7.19council may require a local governmental unit to modify any comprehensive plan or part
7.20thereof if, upon the adoption of findings and a resolution, the council concludes that the plan
7.21is more likely than not to have a substantial impact on or contain a substantial departure
7.22from metropolitan system plans. A local unit of government may challenge a council
7.23action under this subdivision by following the procedures set forth in section 473.866.
7.24(b) The council may comment on the apparent consistency of the comprehensive
7.25plans with adopted plans of the council and the compatibility of a plan in relation to other
7.26comprehensive plans in the metropolitan area, but these comments are advisory in nature
7.27and no change may be required, unless authorized by paragraph (a).

7.28    Sec. 3. Minnesota Statutes 2014, section 473.206, is amended to read:
7.29473.206 LOCAL ORDINANCES.
7.30Each county, city or town in the metropolitan area shall be provided with standards,
7.31criteria and suggested model ordinances and may, after review and comment by the
7.32Metropolitan Council, adopt ordinances which provide for the protection of the resources
7.33that are the subject of the standards, criteria, and model ordinances. The council shall
8.1not require any changes or amendments to the ordinances submitted, unless specifically
8.2authorized by law.
8.3EFFECTIVE DATE.This section is effective August 1, 2015, and applies to all
8.4policies, plans, ordinances, applications, or other matters submitted on or after August
8.51, 2015.

8.6    Sec. 4. Minnesota Statutes 2014, section 473.313, subdivision 2, is amended to read:
8.7    Subd. 2. Council review. The Metropolitan Council shall review with the advice of
8.8the commission, each master plan to determine whether it is consistent with the council's
8.9policy plan. If it is not consistent, the council shall return the plan with its comments to
8.10the municipalities, park district or county for revision and resubmittal.

8.11    Sec. 5. Minnesota Statutes 2014, section 473.852, subdivision 8, is amended to read:
8.12    Subd. 8. Metropolitan system plans. "Metropolitan system plans" means the
8.13transportation portion of the Metropolitan Development Guide, and the policy plans, and
8.14capital budgets for metropolitan wastewater service, and transportation, and regional
8.15recreation open space.
8.16EFFECTIVE DATE.This section is effective August 1, 2015, and applies to all
8.17policies, plans, ordinances, applications, or other matters submitted on or after August
8.181, 2015.

8.19    Sec. 6. Minnesota Statutes 2014, section 473.856, is amended to read:
8.20473.856 METROPOLITAN SYSTEM STATEMENTS; AMENDMENTS.
8.21The council shall prepare and transmit to each affected local governmental unit a
8.22metropolitan system statement when the council updates or revises its comprehensive
8.23development guide for the metropolitan area in conjunction with the decennial review
8.24required under section 473.864, subdivision 2, and when the council amends or modifies
8.25a metropolitan system plan. The statement shall contain information relating to the
8.26unit and appropriate surrounding territory that the council determines necessary for
8.27recommends that the unit to consider in reviewing the unit's comprehensive plan. The
8.28statement may include:
8.29    (1) the timing, character, function, location, projected capacity, and conditions on use
8.30for existing or planned metropolitan public facilities, as specified in metropolitan system
8.31plans, and for state and federal public facilities to the extent known to the council; and
9.1    (2) the population, employment, and household projections which have been used by
9.2the council as a basis for its metropolitan system plans.
9.3    Within nine months after receiving a system statement for an amendment to a
9.4metropolitan system plan, and within three years after receiving a system statement issued
9.5in conjunction with the decennial review required under section 473.864, subdivision 2,
9.6each affected local governmental unit shall review its comprehensive plan to determine if an
9.7amendment is necessary to ensure continued conformity with metropolitan system plans. If
9.8an amendment is necessary, the governmental unit shall prepare the amendment and submit
9.9it to the council for review pursuant to sections 462.355, 473.175, and 473.851 to 473.871.
9.10EFFECTIVE DATE.This section is effective August 1, 2015, and applies to all
9.11policies, plans, ordinances, applications, or other matters submitted on or after August
9.121, 2015.

9.13    Sec. 7. APPLICATION.
9.14This article applies in the counties of Anoka, Carver, Dakota, Hennepin, Ramsey,
9.15Scott, and Washington.

9.16    Sec. 8. REVISOR'S INSTRUCTION.
9.17In each section of Minnesota Statutes referred to in column A, the revisor of statutes
9.18shall delete the reference in column B and insert the reference in column C.

9.19	Column A	Column B	Column C
9.20	473.146	473.851	473.852
9.21	473.175	473.851	473.852
9.22	473.852	473.851	473.852
9.23	473.854	473.851	473.852
9.24	473.856	473.851	473.852
9.25	473.858	473.851	473.852
9.26	473.859	473.851	473.852
9.27	473.867	473.851	473.852
9.28	473.869	473.851	473.852
9.29	473.871	473.851	473.852
9.30	473H.02	473.851	473.852

9.31EFFECTIVE DATE.This section is effective August 1, 2015, and applies to all
9.32policies, plans, ordinances, applications, or other matters submitted on or after August
9.331, 2015.

9.34    Sec. 9. REPEALER.
10.1Minnesota Statutes 2014, section 473.851, is repealed.
10.2EFFECTIVE DATE.This section is effective August 1, 2015, and applies to all
10.3policies, plans, ordinances, applications, or other matters submitted on or after August
10.41, 2015.