as introduced - 83rd Legislature, 2003 1st Special Session (2003 - 2003) Posted on 12/15/2009 12:00am
1.1 A bill for an act 1.2 relating to public-policy-oriented entities; providing 1.3 that public meetings are not required to fill 1.4 metropolitan council vacancies within 12 months of 1.5 initial appointment; authorizing the use of energy 1.6 forward pricing mechanisms; requiring an analysis of 1.7 the costs of regional improvements included in the 1.8 long-range policy plans for metropolitan agencies; 1.9 making changes in the metropolitan council's authority 1.10 and procedures for requiring a change in a local 1.11 comprehensive plan; eliminating per diems for the 1.12 metropolitan parks and open space commission; 1.13 providing for the direct charging by the metropolitan 1.14 council of industrial dischargers for certain 1.15 wastewater treatment user fees; adopting the 1.16 metropolitan council redistricting plan; repealing 1.17 authority for service improvement plan; eliminating 1.18 certain reporting requirements; removing an obsolete 1.19 requirement for metropolitan school districts to 1.20 submit capital improvement plans to the metropolitan 1.21 council for review; making conforming changes; 1.22 changing the boundaries of certain districts; amending 1.23 Minnesota Statutes 2002, sections 473.123, subdivision 1.24 3; 473.13, subdivision 1; 473.146, subdivision 1; 1.25 473.147, subdivision 1; 473.175, subdivision 1; 1.26 473.303, subdivision 6; 473.517, by adding a 1.27 subdivision; proposing coding for new law in Minnesota 1.28 Statutes, chapter 473; repealing Minnesota Statutes 1.29 2002, sections 473.123, subdivision 3c; 473.1295; 1.30 473.1623; 473.704, subdivision 19; 473.863. 1.31 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 1.32 Section 1. Minnesota Statutes 2002, section 473.123, 1.33 subdivision 3, is amended to read: 1.34 Subd. 3. [MEMBERSHIP; APPOINTMENT; QUALIFICATIONS.] (a) 1.35 Sixteen members must be appointed by the governor from districts 1.36 defined by this section. Each council member must reside in the 1.37 council district represented. Each council district must be 1.38 represented by one member of the council. 2.1 (b) In addition to the notice required by section 15.0597, 2.2 subdivision 4, notice of vacancies and expiration of terms must 2.3 be published in newspapers of general circulation in the 2.4 metropolitan area and the appropriate districts. The governing 2.5 bodies of the statutory and home rule charter cities, counties, 2.6 and towns having territory in the district for which a member is 2.7 to be appointed must be notified in writing. The notices must 2.8 describe the appointments process and invite participation and 2.9 recommendations on the appointment. 2.10 (c) The governor shall create a nominating committee, 2.11 composed of seven metropolitan citizens appointed by the 2.12 governor, to nominate persons for appointment to the council 2.13 from districts. Three of the committee members must be local 2.14 elected officials. Following the submission of applications as 2.15 provided under section 15.0597, subdivision 5, the nominating 2.16 committee shall conduct public meetings, after appropriate 2.17 notice, to accept statements from or on behalf of persons who 2.18 have applied or been nominated for appointment and to allow 2.19 consultation with and secure the advice of the public and local 2.20 elected officials. The committee shall hold the meeting on each 2.21 appointment in the district or in a reasonably convenient and 2.22 accessible location in the part of the metropolitan area in 2.23 which the district is located. The committee may consolidate 2.24 meetings. Following the meetings, the committee shall submit to 2.25 the governor a list of nominees for each appointment. The 2.26 governor is not required to appoint from the list. 2.27 (d) Before making an appointment, the governor shall 2.28 consult with all members of the legislature from the council 2.29 district for which the member is to be appointed. 2.30 (e) Appointments to the council are subject to the advice 2.31 and consent of the senate as provided in section 15.066. 2.32 (f) Members of the council must be appointed to reflect 2.33 fairly the various demographic, political, and other interests 2.34 in the metropolitan area and the districts. 2.35 (g) Members of the council must be persons knowledgeable 2.36 about urban and metropolitan affairs. 3.1 (h) Any vacancy in the office of a council member shall 3.2 immediately be filled for the unexpired term. In filling a 3.3 vacancy, the governor may forgo the requirements of paragraph 3.4 (c) if the governor has made appointments in full compliance 3.5 with the requirements of this subdivision within the preceding 3.6 12 months. 3.7 Sec. 2. [473.1293] [ENERGY FORWARD PRICING MECHANISMS.] 3.8 Subdivision 1. [DEFINITIONS.] The following definitions 3.9 apply in this section. 3.10 (a) "Energy" means natural gas, heating oil, diesel fuel, 3.11 or any other energy source, except electric, used in 3.12 metropolitan council operations. 3.13 (b) "Forward pricing mechanism" means either: 3.14 (1) a contract or financial instrument that obligates an 3.15 entity to buy or sell a specified amount of an energy commodity 3.16 at a future date and at a set price; or 3.17 (2) an option to buy or sell the contract or financial 3.18 instrument. 3.19 Subd. 2. [AUTHORITY PROVIDED.] Notwithstanding any other 3.20 law to the contrary, the council may use forward pricing 3.21 mechanisms for budget risk reduction. 3.22 Subd. 3. [CONDITIONS.] (a) Forward pricing transactions 3.23 made under this section must be made only under the conditions 3.24 in paragraphs (b), (c), and (d). 3.25 (b) The amount of energy forward priced must not exceed the 3.26 estimated energy usage for council operations for the period of 3.27 time covered by the forward pricing mechanism. 3.28 (c) The holding period and expiration date for any forward 3.29 pricing mechanism must not exceed 24 months from the trade date 3.30 of the transaction. 3.31 (d) Separate accounts must be established for each 3.32 operational energy for which forward pricing mechanisms are used 3.33 under this section. 3.34 Subd. 4. [WRITTEN POLICIES AND PROCEDURES.] Before 3.35 exercising authority under subdivision 2, the council must have 3.36 written policies and procedures governing the use of forward 4.1 pricing mechanisms. 4.2 Subd. 5. [OVERSIGHT PROCESS.] (a) Before exercising 4.3 authority under subdivision 2, the governing body of the council 4.4 must establish an oversight process that provides for review of 4.5 the council's use of forward pricing mechanisms. 4.6 (b) The process must include: 4.7 (1) internal or external audit reviews; 4.8 (2) quarterly reports to, and review by, an internal 4.9 investment committee; and 4.10 (3) internal management control. 4.11 Sec. 3. Minnesota Statutes 2002, section 473.13, 4.12 subdivision 1, is amended to read: 4.13 Subdivision 1. [BUDGET.] (a) On or before December 20 of 4.14 each year the council, after the public hearing required in 4.15 section 275.065, shall adopt a final budget covering its 4.16 anticipated receipts and disbursements for the ensuing year and 4.17 shall decide upon the total amount necessary to be raised from 4.18 ad valorem tax levies to meet its budget. The budget shall 4.19 state in detail the expenditures for each program to be 4.20 undertaken, including the expenses for salaries, consultant 4.21 services, overhead, travel, printing, and other items. The 4.22 budget shall state in detail the capital expenditures of the 4.23 council for the budget year, based on a five-year capital 4.24 program adopted by the council and transmitted to the 4.25 legislature. After adoption of the budget and no later than 4.26 five working days after December 20, the council shall certify 4.27 to the auditor of each metropolitan county the share of the tax 4.28 to be levied within that county, which must be an amount bearing 4.29 the same proportion to the total levy agreed on by the council 4.30 as the net tax capacity of the county bears to the net tax 4.31 capacity of the metropolitan area. The maximum amount of any 4.32 levy made for the purpose of this chapter may not exceed the 4.33 limits set by the statute authorizing the levy. 4.34 (b) Each even-numbered year the council shall prepare for 4.35 its transit programs a financial plan for the succeeding three 4.36 calendar years, in half-year segments.
The financial plan must5.1 contain the elements specified in section 473.1623, subdivision5.2 3.The financial plan must contain schedules of user charges 5.3 and any changes in user charges planned or anticipated by the 5.4 council during the period of the plan. The financial plan must 5.5 contain a proposed request for state financial assistance for 5.6 the succeeding biennium. 5.7 (c) In addition, the budget must show for each year: 5.8 (1) the estimated operating revenues from all sources 5.9 including funds on hand at the beginning of the year, and 5.10 estimated expenditures for costs of operation, administration, 5.11 maintenance, and debt service; 5.12 (2) capital improvement funds estimated to be on hand at 5.13 the beginning of the year and estimated to be received during 5.14 the year from all sources and estimated cost of capital 5.15 improvements to be paid out or expended during the year, all in 5.16 such detail and form as the council may prescribe; and 5.17 (3) the estimated source and use of pass-through funds. 5.18 Sec. 4. Minnesota Statutes 2002, section 473.146, 5.19 subdivision 1, is amended to read: 5.20 Subdivision 1. [REQUIREMENT.] The council shall adopt a 5.21 long-range comprehensive policy plan for transportation, 5.22 airports, and wastewater treatment. The plans must 5.23 substantially conform to all policy statements, purposes, goals, 5.24 standards, and maps in the development guide developed and 5.25 adopted by the council under this chapter. Each policy plan 5.26 must include, to the extent appropriate to the functions, 5.27 services, and systems covered, the following: 5.28 (1) forecasts of changes in the general levels and 5.29 distribution of population, households, employment, land uses, 5.30 and other relevant matters, for the metropolitan area and 5.31 appropriate subareas; 5.32 (2) a statement of issues, problems, needs, and 5.33 opportunities with respect to the functions, services, and 5.34 systems covered; 5.35 (3) a statement of the council's goals, objectives, and 5.36 priorities with respect to the functions, services, and systems 6.1 covered, addressing areas and populations to be served, the 6.2 levels, distribution, and staging of services; a general 6.3 description of the facility systems required to support the 6.4 services; the estimated cost of improvements required to achieve 6.5 the council's goals for the regional systems, including an 6.6 analysis of what portion of the funding for each improvement is 6.7 proposed to come from the state, metropolitan council levies, 6.8 and cities, counties, and towns in the metropolitan area, 6.9 respectively, and other similar matters; 6.10 (4) a statement of policies to effectuate the council's 6.11 goals, objectives, and priorities; 6.12 (5) a statement of the fiscal implications of the council's 6.13 plan, including a statement of: (i) the resources available 6.14 under existing fiscal policy; (ii) the adequacy of resources 6.15 under existing fiscal policy and any shortfalls and unattended 6.16 needs; (iii) additional resources, if any, that are or may be 6.17 required to effectuate the council's goals, objectives, and 6.18 priorities; and (iv) any changes in existing fiscal policy, on 6.19 regional revenues and intergovernmental aids respectively, that 6.20 are expected or that the council has recommended or may 6.21 recommend; 6.22 (6) a statement of the relationship of the policy plan to 6.23 other policy plans and chapters of the metropolitan development 6.24 guide; 6.25 (7) a statement of the relationships to local comprehensive 6.26 plans prepared under sections 473.851 to 473.871; and 6.27 (8) additional general information as may be necessary to 6.28 develop the policy plan or as may be required by the laws 6.29 relating to the metropolitan agency and function covered by the 6.30 policy plan. 6.31 Sec. 5. Minnesota Statutes 2002, section 473.147, 6.32 subdivision 1, is amended to read: 6.33 Subdivision 1. [REQUIREMENTS.] The metropolitan council 6.34 after consultation with the parks and open space commission, 6.35 municipalities, park districts and counties in the metropolitan 6.36 area, and after appropriate public hearings, shall prepare and 7.1 adopt a long-range system policy plan for regional recreation 7.2 open space as part of the council's metropolitan development 7.3 guide. The plan shall substantially conform to all policy 7.4 statements, purposes, goals, standards, and maps in development 7.5 guide sections and comprehensive plans as developed and adopted 7.6 by the council pursuant to the chapters of the Minnesota 7.7 Statutes directly relating to the council. The policy plan 7.8 shall identify generally the areas which should be acquired by a 7.9 public agency to provide a system of regional recreation open 7.10 space comprising park district, county and municipal facilities 7.11 which, together with state facilities, reasonably will meet the 7.12 outdoor recreation needs of the people of the metropolitan area 7.13 and shall establish priorities for acquisition and development. 7.14 The policy plan shall estimate the cost of the recommended 7.15 acquisitions and development, including an analysis of what 7.16 portion of the funding is proposed to come from the state, 7.17 metropolitan council levies, and cities, counties, and towns in 7.18 the metropolitan area, respectively. In preparing or amending 7.19 the policy plan the council shall consult with and make maximum 7.20 use of the expertise of the commission. The policy plan shall 7.21 include a five year capital improvement program, which shall be 7.22 revised periodically, and shall establish criteria and 7.23 priorities for the allocation of funds for such acquisition and 7.24 development. The legislature in each bonding measure shall 7.25 designate an anticipated level of funding for this acquisition 7.26 and development for each of the two succeeding bienniums. 7.27 Sec. 6. Minnesota Statutes 2002, section 473.175, 7.28 subdivision 1, is amended to read: 7.29 Subdivision 1. [FOR COMPATIBILITY, CONFORMITY.] The 7.30 council shall review the comprehensive plans of local 7.31 governmental units and the capital improvement programs of 7.32 school districts, prepared and submitted pursuant to Laws 1976, 7.33 chapter 127, sections 1 to 23, to determine their compatibility 7.34 with each other and conformity with metropolitan system plans. 7.35 The council shall review and comment on the apparent consistency 7.36 of the comprehensive plans and capital improvement programs with 8.1 adopted plans of the council. The council may require a local 8.2 governmental unit to modify any comprehensive plan or part 8.3 thereof which mayif, upon the adoption of findings and a 8.4 resolution, the council concludes that the plan is more likely 8.5 than not to have a substantial impact on or contain a 8.6 substantial departure from metropolitan system plans. A local 8.7 unit of government may challenge a council action under this 8.8 subdivision by following the procedures set forth in section 8.9 473.866. 8.10 Sec. 7. Minnesota Statutes 2002, section 473.303, 8.11 subdivision 6, is amended to read: 8.12 Subd. 6. [COMPENSATION.] Members and the chair shall be8.13 paid $50 for each day when the member or chair attends one or8.14 more meetings, or provides other services, as authorized by the8.15 commission, andserve without compensation but shall be 8.16 reimbursed for all actual and necessary expenses incurred in the 8.17 performance of duties as determined by the metropolitan council. 8.18 Sec. 8. Minnesota Statutes 2002, section 473.517, is 8.19 amended by adding a subdivision to read: 8.20 Subd. 10. [DIRECT CHARGING OF INDUSTRIAL USERS.] (a) The 8.21 term "industrial discharger" for the purposes of this 8.22 subdivision means a recipient of wastewater treatment services 8.23 that is required by council rules or procedures to have a permit 8.24 issued by the council in order to discharge sewage to the 8.25 metropolitan disposal system. 8.26 (b) The council may directly impose on all or any category 8.27 of industrial dischargers all or any portion of the costs that 8.28 would otherwise be allocated among and paid by local government 8.29 units under subdivision 1. Any amounts imposed directly on 8.30 industrial dischargers by the council under this subdivision 8.31 must be deducted from the amounts to be allocated among and paid 8.32 by local government units under subdivision 1, and any charges 8.33 imposed by a local government unit for the same purpose are of 8.34 no further force and effect from and after the effective date of 8.35 the council's direct charges. Charges imposed under this 8.36 subdivision are in addition to any other charges imposed on 9.1 industrial dischargers by a local government unit and must be 9.2 paid by the industrial discharger at such intervals as may be 9.3 established by the council. The council may impose interest 9.4 charges upon delinquent payments. 9.5 (c) Charges by the council to industrial dischargers under 9.6 this subdivision including any interest charges, as well as any 9.7 other charges or related fees owed by the industrial discharger 9.8 pursuant to a discharge permit issued by the council for the 9.9 subject property, are a charge jointly and severally against the 9.10 owners, lessees, and occupants of the property served. The 9.11 council may certify such unpaid amounts to the appropriate 9.12 county auditor as a tax for collection as other taxes are 9.13 collected on the property served. The proceeds of any tax 9.14 collected pursuant to the council's certification must be paid 9.15 by the county treasurer to the council when collected. 9.16 Certification does not preclude the council from recovery of 9.17 delinquent amounts and interest under any other available remedy. 9.18 Sec. 9. [PLAN ADOPTED.] 9.19 Metropolitan council redistricting plan MC03, on file with 9.20 the geographical information systems office of the legislative 9.21 coordinating commission and published on its Web site on May 14, 9.22 2003, is adopted as the metropolitan council redistricting plan. 9.23 Sec. 10. [METES AND BOUNDS DESCRIPTION.] 9.24 Within 90 days after enactment of this act and in 9.25 accordance with Minnesota Statutes, section 2.91, the revisor of 9.26 statutes shall prepare a metes and bounds description of the 9.27 metropolitan council districts in a form suitable for 9.28 publication in Minnesota Statutes and file it with the secretary 9.29 of state. 9.30 Sec. 11. [REPEALER.] 9.31 Minnesota Statutes 2002, sections 473.123, subdivision 3c; 9.32 473.1295; 473.1623; 473.704, subdivision 19; and 473.863, are 9.33 repealed. 9.34 Sec. 12. [APPLICATION.] 9.35 Sections 1 to 11 apply in the counties of Anoka, Carver, 9.36 Dakota, Hennepin, Ramsey, Scott, and Washington. 10.1 Sec. 13. [FORTY-FIFTH DISTRICT.] 10.2 Subdivision 1. [SENATE DISTRICT.] Senate district 45 10.3 consists of that district as described in the order of the 10.4 Minnesota special redistricting panel in Zachman v. Kiffmeyer, 10.5 No. C0-01-160 (March 19, 2002). 10.6 Subd. 2. [HOUSE DISTRICTS.] Notwithstanding the order of 10.7 the Minnesota special redistricting panel in Zachman v. 10.8 Kiffmeyer, No. C0-01-160 (March 19, 2002), senate district 45, 10.9 as described in that order, is divided into two house districts 10.10 as follows: 10.11 (a) House district 45A consists of house district 45A as 10.12 described in that order, except for the portion of that house 10.13 district 45A described as follows: 10.14 Beginning at the intersection of the center lines of 35th 10.15 Avenue North and Nevada Avenue North, then south along the 10.16 center line of Nevada Avenue North to the center line of 34th 10.17 Avenue North, then west along the center line of 34th Avenue 10.18 North to the center line of Winpark Drive, then north along the 10.19 center line of Winpark Drive to the center line of 35th Avenue 10.20 North, then west along the center line of 35th Avenue North to 10.21 the center line of Winnetka Avenue North, then north along the 10.22 center line of Winnetka Avenue North to the north municipal 10.23 boundary line of Crystal, then west along that municipal 10.24 boundary line to the west municipal boundary line of Crystal, 10.25 then south along that municipal boundary line to the center line 10.26 of 33rd Avenue North, then east along the center line of 33rd 10.27 Avenue North to the center line of Wisconsin Avenue North, then 10.28 north along the center line of Wisconsin Avenue North to the 10.29 center line of 35th Avenue North, then east along the center 10.30 line of 35th Avenue North to the center line of Utah Avenue 10.31 North, then south along the center line of Utah Avenue North to 10.32 the center line of 33rd Place North, then east along the center 10.33 line of 33rd Place North to the center line of Winnetka Avenue 10.34 North, then south along the center line of Winnetka Avenue North 10.35 to the center line of 32nd Avenue North, then east along the 10.36 center line of 32nd Avenue North to the center line of Nevada 11.1 Avenue, then north along the center line of Nevada Avenue to the 11.2 center line of Valley Place, then east along the center line of 11.3 Valley Place to the center line of Louisiana Avenue North, then 11.4 north along the center line of Louisiana Avenue North to the 11.5 center line of 35th Avenue North, then west along the center 11.6 line of 35th Avenue North to the center line of Nevada Avenue 11.7 North, which was the place of beginning. 11.8 (b) House district 45B consists of that portion of senate 11.9 district 45 not included in house district 45A. 11.10 Sec. 14. [EFFECTIVE DATE.] 11.11 Sections 1 to 13 are effective the day following final 11.12 enactment.