HF 3265

as introduced - 89th Legislature (2015 - 2016) Posted on 03/22/2016 08:13am

A bill for an act
relating to the Metropolitan Council; modifying regional planning processes;
amending Minnesota Statutes 2014, sections 473.145; 473.146, subdivision 1;
473.147; 473.856; 473.857.

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

Section 1.

Minnesota Statutes 2014, section 473.145, is amended to read:

473.145 DEVELOPMENT GUIDE.

The Metropolitan Council shall prepare and adopt, after appropriate study and
such public hearings as may be necessary, a comprehensive development guide for the
metropolitan area. It shall consist of a compilation of policy statements, goals, standards,
programs, and maps prescribing guides for the orderly and economical development,
public and private, of the metropolitan area. The comprehensive development guide shall
recognize and encompass physical, social, or economic needs of the metropolitan area and
those future developments which will have an impact on the entire area including but not
limited to such matters as land use, parks and open space land needs, the necessity for
and location of airports, highways, transit facilities, public hospitals, libraries, schools,
and other public buildings.

new text begin In order to ensure regional planning that is accepted at all levels, the procedure for
preparing and adopting the comprehensive development guide is iterative. The council
shall prepare a draft guide and draft policy plans that will serve as the basis for draft
system statements under section 473.856. The system statements must be approved by the
affected local governments before the development guide and policy plans are adopted.
new text end

Sec. 2.

Minnesota Statutes 2014, section 473.146, subdivision 1, is amended to read:

Subdivision 1.

Requirement.

The council shall adopt a long-range comprehensive
policy plan for transportation and wastewater treatment. new text begin The council must not adopt the
plan until each local governmental unit approves the local governmental unit's system
statements. new text end The plans must substantially conform to all policy statements, purposes, goals,
standards, and maps in the development guide developed and adopted by the council under
this chapter. Each policy plan must include, to the extent appropriate to the functions,
services, and systems covered, the following:

(1) forecasts of changes in the general levels and distribution of population,
households, employment, land uses, and other relevant matters, for the metropolitan area
and appropriate subareas;

(2) a statement of issues, problems, needs, and opportunities with respect to the
functions, services, and systems covered;

(3) a statement of the council's goals, objectives, and priorities with respect to the
functions, services, and systems covered, addressing areas and populations to be served,
the levels, distribution, and staging of services; a general description of the facility systems
required to support the services; the estimated cost of improvements required to achieve the
council's goals for the regional systems, including an analysis of what portion of the funding
for each improvement is proposed to come from the state, Metropolitan Council levies, and
cities, counties, and towns in the metropolitan area, respectively, and other similar matters;

(4) a statement of policies to effectuate the council's goals, objectives, and priorities;

(5) a statement of the fiscal implications of the council's plan, including a statement
of: (i) the resources available under existing fiscal policy; (ii) the adequacy of resources
under existing fiscal policy and any shortfalls and unattended needs; (iii) additional
resources, if any, that are or may be required to effectuate the council's goals, objectives,
and priorities; and (iv) any changes in existing fiscal policy, on regional revenues and
intergovernmental aids respectively, that are expected or that the council has recommended
or may recommend;

(6) a statement of the relationship of the policy plan to other policy plans and
chapters of the Metropolitan Development Guide;

(7) a statement of the relationships to local comprehensive plans prepared under
sections 473.851 to 473.871; and

(8) additional general information as may be necessary to develop the policy plan or
as may be required by the laws relating to the metropolitan agency and function covered
by the policy plan.

Sec. 3.

Minnesota Statutes 2014, section 473.147, is amended to read:

473.147 REGIONAL RECREATION OPEN SPACE SYSTEM POLICY PLAN.

Subdivision 1.

Requirements.

The Metropolitan Council after consultation with
the Parks and Open Space Commission, municipalities, park districts and counties in
the metropolitan area, and after appropriate public hearings, shall prepare and adopt a
long-range system policy plan for regional recreation open space as part of the council's
Metropolitan Development Guide. new text begin The council must not adopt the plan until each local
governmental unit approves the local governmental unit's system statements. new text end The plan
shall substantially conform to all policy statements, purposes, goals, standards, and maps
in development guide sections and comprehensive plans as developed and adopted by
the council pursuant to the chapters of the Minnesota Statutes directly relating to the
council. The policy plan shall identify generally the areas which should be acquired by
a public agency to provide a system of regional recreation open space comprising park
district, county and municipal facilities which, together with state facilities, reasonably
will meet the outdoor recreation needs of the people of the metropolitan area and shall
establish priorities for acquisition and development. The policy plan shall estimate the
cost of the recommended acquisitions and development, including an analysis of what
portion of the funding is proposed to come from the state, Metropolitan Council levies,
and cities, counties, and towns in the metropolitan area, respectively. In preparing or
amending the policy plan the council shall consult with and make maximum use of the
expertise of the commission. The policy plan shall include a five-year capital improvement
program, which shall be revised periodically, and shall establish criteria and priorities for
the allocation of funds for such acquisition and development. The legislature in each
bonding measure shall designate an anticipated level of funding for this acquisition and
development for each of the two succeeding bienniums.

Subd. 2.

Review, comment, hearing; revision.

Before adopting deleted text begin the deleted text end new text begin a new text end policy plan
new text begin for use in developing system statements new text end , the council shall submit the proposed plan to
the parks and open space commission for its review, and the commission shall report its
comments to the council within 60 days. The council shall hold a public hearing on the
proposed policy plan at such time and place in the metropolitan area as it shall determine.
Not less than 15 days before the hearing, the council shall publish notice thereof in a
newspaper or newspapers having general circulation in the metropolitan area, stating
the date, time and place of hearing, and the place where the proposed policy plan and
commission comments may be examined by any interested person. At any hearing
interested persons shall be permitted to present their views on the policy plan, and the
hearing may be continued from time to time. After receipt of the commission's report and
hearing, the council may revise the proposed plan giving appropriate consideration to all
comments received, and thereafter shall adopt the plan by resolution. An amendment
to the policy plan may be proposed by the council or by the parks and open space
commission. At least every four years the council shall engage in a comprehensive review
of the policy plan, development guide sections, comprehensive plans, capital improvement
programs and other plans in substantial conformance with the requirements of subdivision
1 which have been adopted by the council.

Sec. 4.

Minnesota Statutes 2014, section 473.856, is amended to read:

473.856 METROPOLITAN SYSTEM STATEMENTS; AMENDMENTS.

The council shall prepare and transmit to each affected local governmental unit a
metropolitan system statement when the council new text begin proposes new text end updates or deleted text begin revises deleted text end new text begin revisions to
new text end its comprehensive development guide for the metropolitan area in conjunction with the
decennial review required under section 473.864, subdivision 2, and when the council
deleted text begin amends or modifies deleted text end new text begin proposes amendments or modifications to new text end a metropolitan system plan.
The statement shall contain information relating to the unit and appropriate surrounding
territory that the council determines necessary for the unit to consider in reviewing the
unit's comprehensive plan. The statement may include:

(1) the timing, character, function, location, projected capacity, and conditions on use
for existing or planned metropolitan public facilities, as specified in metropolitan system
plans, and for state and federal public facilities to the extent known to the council; and

(2) the population, employment, and household projections which have been used by
the council as a basis for its metropolitan system plans.

Within nine months after deleted text begin receiving deleted text end new text begin approving new text end a system statement for an amendment
to a metropolitan system plan, and within three years after receiving a system statement
issued in conjunction with the decennial review required under section 473.864,
subdivision 2, each affected local governmental unit shall review its comprehensive
plan to determine if an amendment is necessary to ensure continued conformity with
metropolitan system plans. If an amendment is necessary, the governmental unit shall
prepare the amendment and submit it to the council for review pursuant to sections
462.355, 473.175, and 473.851 to 473.871.

Sec. 5.

Minnesota Statutes 2014, section 473.857, is amended to read:

473.857 SYSTEM STATEMENTS; RECONCILIATION PROCEDURES.

Subdivision 1.

Request for hearing.

If a local governmental unit and the council
are unable to resolve disagreements over the content of a system statement, the unit may
by resolution request that a hearing be conducted by the advisory committee or by the
state Office of Administrative Hearings for the purpose of considering amendments to the
system statement. The request shall be made by the unit within 60 days after receipt of the
system statement and shall be accompanied by a description of the disagreement together
with specified proposed amendments to the system statement. If no request for a hearing is
received by the council within 60 days, the statement shall be final new text begin and is deemed approved new text end .

Subd. 2.

Within 60 days; report.

A hearing shall be conducted within 60 days after
the request, provided that the advisory committee or the administrative law judge shall
consolidate hearings on related requests. The 60-day period within which the hearing shall
be conducted may be extended or suspended by mutual agreement of the council and the
local governmental unit. deleted text begin The hearing shall not consider the need for or reasonableness
of the metropolitan system plans or parts thereof. deleted text end The hearing shall afford all interested
persons an opportunity to testify and present evidence. The advisory committee or
administrative law judge may employ the appropriate technical and professional services
of the office of dispute resolution for the purpose of evaluating disputes of fact. The
proceedings shall not be deemed a contested case. Within 30 days after the hearing, the
advisory committee or the administrative law judge shall report to the council respecting
the proposed amendments to the system statements. The report shall contain findings of
fact, conclusions, and recommendations and shall apportion the costs of the proceedings
among the parties.

Subd. 3.

Final determination new text begin ; approval new text end .

deleted text begin Within 30 days of receipt of the report,
the council, by resolution containing findings of fact and conclusions, shall make a
final determination respecting the proposed amendments. deleted text end new text begin The council must accept the
recommendations of the report if the local governmental unit approves them or takes no
action on them within 30 days of receipt of the report. The local governmental unit may
reject some or all of the recommendations within 30 days of receipt of the report by
providing to the council written findings for the rejection and information on what will
allow the local governmental unit to approve the system statement. new text end At any point in the
reconciliation procedure established by this section, the council and a local governmental
unit may resolve their disagreement by stipulation new text begin and the system statement is then
approved new text end .

Sec. 6. new text begin APPLICATION.
new text end

new text begin Sections 1 to 5 apply in the counties of Anoka, Carver, Dakota, Hennepin, Ramsey,
Scott, and Washington.
new text end